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Home My WebLink About061405 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 Tille II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 14, 2005 - 7:00 P.M. At approximately 9:45 P.M.. the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:30 P.M. - Closed Session of the City Council pursuant to Government Code Sections: 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 regarding real property acquisition located at 41950 Main Street (APN 922-044-004 - Berger) - located at 41950 Main Street. The negotiating parties are the City of Temecula/Redevelopment Agency and Helga Berger. Under negotiation are the price and terms of payment of real property interests. The City/Agency negotiators are Shawn Nelson, James O'Grady, and John Meyer. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: No. 2005-08 Resolution: No. 2005-56 CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: M.O.T.I.F. Invocation: Pastor Skip McComas of Hope Lutheran Church National Anthem: M.O.T.I.F. Flag Salute: Councilman Naggar R:\Agenda1061405 ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENTATIONS/PROCLAMATIONS Certificates of Achievement to Craiq Brown and Matthew Duvall for attaininq the rank of Eaqle Scout SCEGA Gvmnastics Amateur Radio Week Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter 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. R:\Agenda1061405 2 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of May 10, 2005; 2.2 Approve the minutes of May 18, 2005 (Budget Workshop); 2.3 Approve the minutes of May 24, 2005. 3 Resolution approvino List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A ,4 City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Reports as of April 30, 2005. 5 Professional Services Aoreement for Annual Administration of CFDs/AD RECOMMENDATION: 5.1 Approve a one-year Professional Services Agreement with Albert A. Webb & Associates for debt service administration for Fiscal Year 2005-2006 for the City's Community Facilities District and Assessment District in the amount of $53,500. 6 Redhawk Annexation Aoreement RECOMMENDATION: 6.1 Approve the Redhawk Annexation Agreement No.2 (Revenue Reimbursement) and Redhawk Annexation Agreement No.3 (Property Tax In-Lieu of Vehicle License Fees). 7 Trustee/Fiscal Aoent Services for FY 2005-2006 RECOMMENDATION: 7.1 Approve the expenditure of $41,260 for annual Trustee/Fiscal Agent services provided by US Bank for the City's Community Facilities Districts, Assessment District, Tax Allocation Bonds, and Certificates of Participation for FY 2005-2006. R:\Agenda1061405 3 8 AccelalPermits Plus Maintenance Aoreement RECOMMENDATION: 8.1 Authorize the purchase of the annual maintenance support for the following AccelalPermit Plus Applications: Permits Plus Base, Client Server, Workflow, and Wireless Modules for the total amount of $30,485.24. 9 Purchase of Police Motorcvcles RECOMMENDATION: 9.1 Approve the purchase of two 2006 Harley-Davidson FLHPI Road King Police Motorcycles from Quaid Harley-Davidson for a total amount of $46,131.14. 10 Purchase of one Tvpe-1 Fire Enoine RECOMMENDATION: 10.1 Approve the purchase of a Type-1 Fire Engine from Smeal Fire Apparatus Company for $341,382.17; 10.2 Approve an appropriation of $11,383 from DIF Fire Mitigation. 11 Voter Approved Measure C Annual Special Tax Levv RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2005-2006 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS 12 Aoreement for Architectural Consultino Services between the Citv of Temecula and Rooer Cantrell RECOMMENDATION: 12.1 Approve a contract with Roger Cantrell for architectural plan review services in the amount of $109,000; 12.2 Approve a contract contingency of 10% or 10,900. R:\Agenda1061405 4 13 Aoreement for Telecommunication Facilities Application Review Consultino Services between the Citv of Temecula and Kramer Firm. Inc. RECOMMENDATION: 13.1 Approve a contract with Kramer Firm, Inc. for telecommunication application review services in the amount not to exceed $27,250; 13.2 Approve a contract contingency of 10% or $2,725. 14 Aoreement for Consultino Services between the Citv of Temecula and PELA RECOMMENDATION: 14.1 Approve a contract with PELA for landscape plan check and inspection consulting services in the amount of $100,000. 15 Street Name Chanoe from North Plaza Drive and Park Plaza Lane to DLR Drive RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE STREET NAME FROM NORTH PLAZA ROAD AND PARK PLAZA LANE TO DLR DRIVE 16 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Installation of Intersection Traffic Monitorino Svstems and Traffic Sionallnterconnect Eouipment - FY2004-2005 - Proiect Nos. PW04-05 and PW05-05 RECOMMENDATION: 16.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the installation of Intersection Traffic Monitoring System and Traffic Signal Interconnect Project - FY2004-2005 - Project Nos. PW04-05 and 05-05. 17 Public Works Fiscal Year 2005-2006 Annual Maintenance Aoreements RECOMMENDATION: 17.1 Approve the Annual Maintenance contracts for Fiscal Year 2005-2006 with: 1. NPG, Inc. (aka Nelson Paving & Sealing) for an amount not to exceed $ 50,000 2. Toran Development & Construction for an amount not to exceed $ 50,000 3. Pacific Striping, Inc. for an amount not to exceed $ 50,000 $100,000 4. Strong's Painting for an amount to not exceed R:\Agenda1061405 5 5. Monteleone Contractors, Inc. for an amount not to exceed $150,000 $200,000 $200,000 $200,000 6. Becker Engineering for an amount not to exceed 7. Imperial Paving Company Inc. for an amount not to exceed 8. Rene's Commercial Management for an amount not to exceed 18 Annual Purchase Aoreement for Citywide Street Name Sions. Traffic Control Sions. Replacements and Repairs for Fiscal Year 2005-2006 RECOMMENDATION: 18.1 Approve an annual agreement with Main Street Signs for the purchase of Citywide street name signs, traffic control signs, replacements, and repairs in the amount of $60,000 for Fiscal Year 2005-2006. 19 Second Amendment to Citywide Tree Trimmino Maintenance Services Contract RECOMMENDATION: 19.1 Approve the Second Amendment to the Citywide Tree Trimming Maintenance Services contract to West Coast Arborists, Inc. for $100,000 and authorize the Mayor to execute the contract; 19.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,000 which is equal to 10% of the contract amount. 20 First Amendments to Professional Services Aoreements for Geotechnical & Material Testino Services for various Capital Improvement Proiects for FY2005-2006 RECOMMENDATION: 20.1 Approve the First Amendment to the Fiscal Year 2005-2006 Professional Services Agreement with EnGEN Public Works Services in the amount of $60,000 to provide as-needed geotechnical & material testing services and authorize the Mayor to execute the amendment; 20.2 Approve the First Amendment to the Fiscal Year 2005-2006 Professional Services Agreement with Ninyo & Moore in the amount of $60,000 to provide as-needed geotechnical & material testing services and authorize the Mayor to execute the amendment. 21 First Amendments to Professional Services Aoreements for Survev Services for various Capital Improvement Proiects for FY2005-2006 RECOMMENDATION: 21.1 Approve the First Amendment to the Fiscal Year 2004-2005 Professional Services Agreement with Cozad & Fox, Inc. in the amount of $60,000 to provide as-needed survey services and authorize the Mayor to execute the amendment; R:\Agenda1061405 6 21.2 Approve the First Amendment to the Fiscal Year 2004-2005 Professional Services Agreement with Hall & Foreman, Inc. in the amount of $60,000 to provide as- needed survey services and authorize the Mayor to execute the amendment. 22 Award the Construction Contract for Proiect No. PW04-16 - Slurrv Seal Proiect - FY2004- 2005 RECOMMENDATION: 22.1 Award a construction contract for Project No. PW04-16 Slurry Seal Project - FY 2004-2005 - to All American Asphalt in the amount of $338,159.68 and authorize the Mayor to execute the contract; 22.2 Authorize the City Manager to approve change order not to exceed the contingency amount of $33,815.97 which is equal to 10% of the contract amount. 23 Award a Construction Contract for the Citywide Concrete Repairs FY2004-2005 - Proiect No. PW05-03 RECOMMENDATION: 23.1 Award a construction contract for Citywide Concrete Repairs FY2004-2005 - Project No. PW05-03 to Portsmouth Construction, Inc. in the amount of $165,430 and authorize the Mayor to execute the contract; 23.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $16,543 which is equal to 10% of the contract amount. 24 Tract Map Nos. 30264-3. -6. -9. -10. & -13 (located east of Pechanoa Parkwav, south of Wolf Vallev Road, in the Wolf Creek Specific Plan No. 12 EIR) RECOMMENDATION: 24.1 Approve Final Tract Map Nos. 30264-3, -6, -9, -10, & -13 in conformance with the conditions of approval; 24.2 Approve the Subdivision Improvement Agreements; 24.3 Approve the Monument Agreements and accept the Faithful Performance Bonds, Labor and Material Bonds, and Monument Bonds as security for the agreements. 25 Enoineerino Plan Check, Map, and Leoal Description Review - Fiscal Year 2005-2006- KRW & Associates RECOMMENDATION: 25.1 Approve the agreement for Engineering Plan Check, Map, and Legal Description Review for Fiscal Year 2005-2006 with KRW & Associates for an amount not to exceed $30,000 and authorize the Mayor to execute this agreement. R:\Agenda1061405 7 26 Professional Landscape Plan Check and Inspection Services Aoreement for Fiscal Year 2005-2006 RECOMMENDATION: 26.1 Approve the annual Professional Services Agreement for Fiscal Year 2005-2006 with PELA for landscape plan check and inspection services in the amount of $50,000 and authorize the Mayor to execute the agreement. 27 First Amendments to Professional Services Aoreements for Real Estate Appraisal Services for various Capital Improvement Proiects for FY 2005-2006 RECOMMENDATION: 27.1 Approve the First Amendment to the Fiscal Year 2005-2006 Professional Services Agreement with Robert Shea Perdue Real Estate Appraisal in the amount of $60,000 to provide as-needed real estate appraisal services and authorize the Mayor to execute the amendment; 27.2 Approve the First Amendment to the Fiscal Year 2005-2006 Professional Services Agreement with Mason & Mason Real Estate Appraisers & Consultants in the amount of $60,000 to prove as-needed real estate appraisal services and authorize the Mayor to execute the amendment. 28 Second Amendment to Contract Aoreement for On-Call Traffic Sional Maintenance Services for Fiscal Year 2005-2006 RECOMMENDATION: 28.1 Approve the Second Amendment to the Contract Agreement with Republic Electric to perform additional On-Call Traffic Signal Maintenance Services for Fiscal Year 2005-2006 for an amount not to exceed $100,000 and authorize the Mayor to execute the agreement. 29 Memorandum of Understandino (MOUl between the Riverside Countv Transportation Commission (RCTC1. the County of Riverside. and the Citv of Temecula to fund the Western Countv Freewav Strateoic Studv RECOMMENDATION: 29.1 Approve the MOU, in substantially the same format as attached, between RCTC, the County of Riverside, and the City of Temecula to fund the Western County Freeway Strategic Study; 29.2 Approve an appropriation in the amount of $64,409 from General Fund Reserves for the Western County Freeway Strategic Study; 29.3 Authorize the City Manager to execute the final MOU. R:\Agenda1061405 8 30 Second Amendment to Prudential Overall Supplv Aoreement RECOMMENDATION: 30.1 Approve the Second Amendment with Prudential Overall Supply Company for an amount of $22,756.82, extend the agreement through June 30, 2006, and allow for additional services. 31 Second Readino of Ordinance No. 05-06 (Automobile and Truck Dealership Promotional Eventsl RECOMMENDATION: 31.1 Adopt an ordinance entitled: ORDINANCE NO. 05-06 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) ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY ******************** R:\Agenda1061405 9 **************************************************.....******************************************************** TEMECULA COMMUNITY SERVICES DISTRICT MEETING *******.***.**********************************************************.****************************************** Next in Order: Ordinance: No. CSD 2005-01 Resolution: No. CSD 2005-16 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Edwards, Comerchero, Naggar, Roberts, Washington PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state vour name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 24, 2005. 2 First Amendment to the Janitorial Maintenance Services Contract for Park Restrooms and Picnic Shelters with Morris Mvers Maintenance for FY 2005-2006 RECOMMENDATION: 2.1 Approve the First Amendment with Morris Myers Maintenance for $70,000 and extend the agreement through June 30, 2006. R;\Agenda1061405 10 3 First Amendment to South coast Heatino and Air Conditionino Aoreement RECOMMENDATION: 3.1 Approve the First Amendment with Southcoast Heating and Air Conditioning for $35,000 plus a 10% contingency of $3,500 and extend the agreement through June 30, 2006. 4 Second Amendment to TremcolWeatherproofino Technolooies, Inc. Aoreement RECOMMENDATION: 4.1 Approve the Second Amendment with TremcolWeatherproofing Technologies, Inc. for $50,000 and extend the agreement to June 30, 2006. 5 First Amendment to the Facilitv Alarm Svstems Service and Monitorino Aoreement with Computer Alert Svstems for FY 2005-06 RECOMMENDATION: 5.1 Approve the First Amendment with Computer Alert Systems, Inc. for $25,000 and extend the agreement through June 30, 2006. 6 First Amendment to the Elevator Service and Monitorino Aoreement with ThvssenKrupp Elevator for FY 2005-06 RECOMMENDATION: 6.1 Approve the First Amendment with ThyssenKrupp Elevator Company for $25,000 plus a 10% contingency of $2,500 and extend the agreement through June 30, 2006. PUBLIC HEARING Any person may submit written comments to the Community Services District before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 7 TCSD Proposed Rates and Charoes for Fiscal Year 2005-2006 RECOMMENDATION: 7.1 Open the public hearing and continue to June 28, 2005. R:\Agenda1061405 11 DISTRICT BUSINESS 8 Review and Adoption of the FY2005-2005 Annual Operatino Budoet RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. CSD 05-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE FY2005-06 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, June 28, 2005, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda1061405 12 ***************************************************************************************************************** TEMECULA REDEVELOPMENT AGENCY MEETING ***************************************************************************************************************** Next in Order: Ordinance: No. RDA 2005-01 Resolution: No. RDA 2005-03 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Edwards, Comerchero, 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 called 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 24, 2005 AGENCY BUSINESS 2 Review and Adoption of the FY2005-06 Annual Operatino Budoet RECOMMENDATION: 2.1 Adopt a resolution entitled: R:\Agenda1061405 13 RESOLUTION NO. RDA OS-_ A RESOLUTION OF THE AGENCY MEMBERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY2005-06 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 3 Review and Adoption of the FY2006-2010 Capital Improvement Budoet for the Redevelopment Aoencv RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. RDA 05-_ A RESOLUTION OF THE AGENCY MEMBERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY2006-2010 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY2005-2006 DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, June 28, 2005, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda1061405 14 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. 32 Plan nino Application No. PA05-0060 - Cassatt Academv Pre-School Appeal RECOMMENDATION: 32.1 Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION DENYING PA05- 0060 - A CONDITIONAL USE PERMIT APPLICATION FOR CASSATT ACADEMY TO OPERATE A PRES-SCHOOL WITH A MAXIMUM CAPACITY OF 96 STUDENTS BETWEEN THE HOURS OF 6:30 A.M. TO 6:00 P.M. MONDAY THROUGH FRIDAY (NO REGULAR HOURS OF OPERATION AT NIGHT OR ON WEEKENDS), AND A DEVELOPMENT PLAN APPLICATION TO CONSTRUCT FOUR MODULAR BUILDINGS, INCLUDING AN ADMINISTRATION BUILDING AND THREE CLASSROOM BUILDINGS TOTALING 6,048 SQUARE FEET ON 2.39 ACRES AT THE NORTHEAST CORNER OF CALLED GIRASOL AND AUSSIE WAY (APN NO. 957-150-018) COUNCIL BUSINESS 33 Review and Adoption of FY2005-2006 Annual Operatino Budoet RECOMMENDATION: 33.1 Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY2005-06 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS R:\Agenda1061405 15 33.2 Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 33.3 Adopt a resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING APPROPRIATIONS LIMIT FOR FY2005-06 34 Review and Adoption of FY2006-201 0 Capital Improvement Budoet Prooram RECOMMENDATION: 34.1 Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY2006-2010 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY2005-06 35 Ordinance authorizino Charitable Binoo Operations within the Citv of Temecula (At the request of Mayor Comerchero and Mayor Pro Tem Roberts) RECOMMENDATION: 35.1 Adopt an urgency ordinance entitled: ORDINANCE NO. 05-_ AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.50 TO THE TEMECULA MUNICIPAL CODE AUTHORIZING THE GAME OF BINGO BY CHARITABLE ORGANIZATIONS AND PROVIDING FOR THE REGULATION THEREOF 35.2 Introduce and read by title only an ordinance entitled: R:\Agenda1061405 16 ORDINANCE NO. OS-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.50 TO THE TEMECULA MUNICIPAL CODE AUTHORIZING THE GAME OF BINGO BY CHARITABLE ORGANIZATIONS AND PROVIDING FOR THE REGULATION THEREOF CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, June 28, 2005, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda1061405 17 PROCLAMA TIONS AND PRESENTATIONS ,... ~ ~ ~ == ~ ~ ~ E .~ ~~ ~~ ~~ ..... ~ U ~ ~ ~ ~~ ~l: ~ ~ :::: (l) ~ ~ 8 ~~ :::! ...... I..l :::: (l) (l) ~ ~ E-:< ~ '--- .(l) C'.... ~ ..0 ~ () ~ (l) .:::: ..::;"G 'o>~ ~~ I..l :::! :::: 0 :::! (l) 8"::; ..0 () (l) &:; =: ~ ~ ~ .~~ ~~ U~ ~ ~ Q\ ~ ~ o ..... "0 ::; 8 p.. ~ tI:i l'd~ ~] .'" ~~ 8 S' eI') 0 Q) U "5hu l'd l'd ~ ~ "-<E otE ~ '" l'd..... I-<..t:: .s .S '" OIl'" .S ~ > U ..... ::; ~ '" Q) S 1-<..... I:I~ o~ ..... '" 1:1..... Q) ~ S Q) ~ ~ .~ "0 -E ~ l'd - ","0 ..... 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" .. <=I >< ~~s z" '" ~.a] ~ '" ::E 1 ~ " E o u I::: " ..... ~ ~ u C U ~ u '" Il) " ~ :i S '" r.i5 ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 10, 2005 The City Council convened in Closed Session at 6:00 P.M., on Tuesday, May 10, 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 Council members: Edwards, Naggar, Roberts, Washington, and Comerchero Absent: o Councilmembers: None PRELUDE MUSIC The prelude music was provided by the Fine Arts Network under the direction of Beverly Stephenson. *** Mayor Comerchero sadly announced the passing of Mr. David Micheal as well as Mr. Steven Saxton who was killed in Iraq. In their memory as well as all military who have given their Iifes for the freedom of our country, Mr. Comerchero called for a moment of silence. *** INVOCATION The invocation was given by Pastor John Wells, Sr. of Mountain View Community Church of Temecula. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Councilman Naggar. PRESENTATIONS/PROCLAMATIONS Friends of the Temecula Public Librarv Presentation to the City Council On behalf of the Friends of the Temecula Library, Ms. Grace Mellman thanked the Councilmembers, especially Mayor Pro Tem Roberts, City staff, especially City Manager Nelson, Senior Management Analyst Adams, Director of Community Services Parker, Deputy Director of Community Services Ruse, Library Manager Vanderhaak, Members of the Friends of the Temecula Library, community donors/supporters, customers of the Friends' bookstore -- donors and buyers, and the volunteers for their continued support. At this time, Members of the Friends presented a $250,000 check to the City Council from the Friends of the Temecula Library for the use of books and materials for the new Temecula Public Library as well as a gift to each City Councilmember. Mayor Comerchero commended Ms. Grace Mellman and the Friends on their efforts associated with the Library. R:IMinutesl051 005 Maroarita Middle School Presentation Thanking the City for its recent sponsorship for their trip to Nakayama, Japan, three of the Margarita Middle School students, by way of a video, shared their international traveling experience and presented to the City Council a picture of the Margarita Middle School students that traveled to Nakayama. Mayor Comerchero thanked the students for the update on their recent travels. Police Activities Leaoue (PAll Presentation Commenting on the numerous services provided by the PAL program and thanking the City Council for its support, Ms. Melissa Donaldson and Sgt. DeLuna provide an informational update of the Police Activities League Program, noting the following: . That the program has been in existence in the City since June 2004 · That the overall program has been in existence since 1914, starting in New York . That it is a National and a California program . That the target age population is 16 to 18 years . That there is no eligibility requirement · That most juvenile crimes occur between 3:00 P.M. to 7:00 P.M. · That this program will bridge the cap between law enforcement and the youth (building relationships between the youth and the adult) · That two youth will be taken to Washington, D.C. this summer for a leadership institute. Certificate of Achievement to Linda's Ivv Nest Cottaoe Presenting to her a Certificate of Achievement, Mayor Comerchero commended Ms. Aguayo on the national recognition her Old Town store received in the issue of Romantic Homes. Buildino and Safety Week Proclamation Presenting the proclamation to Building and Safety Director Elmo, Mayor Comerchero proclaimed the week of May 8 - 14, 2005, as Building and Safety Week and surprised Mr. Elmo with a speCial Certificate of Achievement for his numerous achievements/accomplishments in the City of Temecula and Building and Safety industry. Thanking the City Council and the City Manager for this recognition and for their continued support, Mr. Elmo accepted the recognition and extended much appreciation to his staff. Public Works Week Proclamation With appreciation, Mayor Comerchero presented the proclamation to Public Works Director Hughes. PUBLIC COMMENTS A. Wanting to put some falsehoods to rest, Mrs. Peg Moore, Temecula, commented on a recent article which referenced a recall in the City of Temecula, noting that there has never been a recall in the City of Temecula. R:\MinutesI051 005 2 B. Ms. Loretta Barnett, Temecula, Board Member of the Vail Ranch Restoration Association, informed and alerted the City Council of the present and precarious status of the historic Vail Ranch Headquarters - a site eligible for the national registry of historic places - and advised that the $3 million of sales tax funding earmarked for renovation of this property has not been used for its designated purpose. City Manager Nelson advised that the City has a meeting with the County tomorrow on this particular issue, noting that the City has similar concerns as expressed by Ms. Barnett. C. Echoing Ms. Barnett's comments, Mr. Jimmy Moore, representing Temecula Valley Historical Society, relayed the Historical Society's concern with the preservation of Vail Ranch and, as well, echoed Mrs. Moore's comment about there never having been a recall in the City of Temecula. D. Mr. Josh Larson, member of the Chaparral High School Robotics and Engineering Club, invited the City Councilmembers to the upcoming Solar Cup of 2005 at Lake Skinner on May 14 and 15, 2005. E. Ms. Charolette Fox, Temecula, representing the Historical Commission, echoed Mr. Moore's comments; promoted the Solar Cup of 2005; and advised of the Annual History Day Contest, noting that the successful students will travel to the University of Virginia for the national competition, commenting on the associated travel expenses. F. Mr. Mark Margolin, Temecula, representing Valley Winds Community Concert Band, invited the City Council members and the public to the Fourth Annual Wine Country Community Band Festival on May 14 -15,2005, at the Community Recreation Center, starting at 12 noon. CITY COUNCIL REPORTS A. Councilwoman Edwards apprised the Council and the public of an upcoming Sister City Event - the Matsuri - June 4, 2005, at the Community Recreation Center. Representing the City on the Southwest Communities Financing Authority (Joint Powers Authority formed in cooperation with the Cities of Lake Elsinore, Murrieta, Temecula, and the County of Riverside), Councilwoman Edwards advised of the proposal to build an animal shelter, noting that she will be providing updates to the City Council as the project progresses. Addressing the weekly Stop Light Abuse Program (SLAP) report provided to the City Council members by the Police Department, Councilwoman Edwards commented on the numerous public questions/comments with regard to this Program and recommended that this weekly report be published in the newspaper in order to apprise the residents of the City's efforts to resolve this issue. B. Concurring with Councilwoman Edwards' comment, Councilman Washington as well suggested placing this information on the City's website. Mr. Washington congratulated the Chamber of Commerce on a successful golf tournament at Temecula Creek Inn and congratulated Assistant City Manager O'Grady on his fine finish in that tournament - tied for second place. R:\Minutes\051005 3 C. With pleasure, Mayor Pro Tem Roberts advised that on Thursday, May 12, 2005, at 3:30 P.M., the City will be having its Library Groundbreaking Event, commending Ms. Mellman, the Friends of the Temecula Public Library, the Community Services Department staff, and other associated staff for its efforts in this process. In closing, Mr. Roberts thanked the Friends of the Temecula Public Library for their generous donation. D. Echoing Mayor Pro Tem Roberts' comment with regard to the library, Councilman Naggar as well thanked the Friends for their generous donation. With sorrow, Mr. Naggar commented on the loss of his friend, Mr. David Micheal. In his memory and considering his vital role in the Veterans' Memorial, Mr. Naggar requested that the appropriate steps be taken to place a plaque in his memory. E. Commenting on Mr. Micheal's desire to ensure phase two of the Veterans' Memorial be completed, Mayor Comerchero encouraged the public to partake in phase two by having their friends/loved ones recognized by placing a paver at the site. Mr. Comerchero apprised the public of the opening of the Temecula City Ballet Company, a non-profit organization, noting its grand opening will be Saturday, June 4, 2005, 2:00 to 4:00 P.M., admission free. 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 approvino List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 05-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Minutes RECOMMENDATION: 3.1 Approve the minutes of April 12, 2005. R:\MinutesI051005 4 4 Citv Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of March 31, 2005. 5 Contract for Audit Services for the Fiscal Years Ended June 30. 2005. 2006. and 2007 RECOMMENDATION: 5.1 Appoint Diehl, Evans & Company to continue to serve as the City's auditors for the Fiscal Years ended June 30, 2005,2006, and 2007. 6 Cooperation Aoreement for Communitv Development Block Grant (CDBGl Funds for Fiscal Years 2006-2009 RECOMMENDATION: 6.1 Authorize the City Manager to execute the Cooperation Agreement for Community Development Block Grant Funds for Fiscal Years 2006-2009. 7 Purchase of Police Motorcvcles RECOMMENDATION: 7.1 Approve the purchase of two 2005 Harley-Davidson FLHPI Road King Police Motorcycles from Quaid Harley-Davidson for a total amount of $18,372.40. Mayor Comerchero advised that the total of $18,372.40 for the two motorcycles reflects a $10,000 buy back for each motorcycle. 8 Additional Authorization to a Professional Services Aoreement with Vanir Construction Manaoement, Inc. for Construction Manaqement, Material Testino. and Special Inspections for the Old Town Temecula Communitv Theater Proiect No. PW02-23 RECOMMENDATION: 8.1 Approve Amendment No. 2 for additional professional construction management services with Vanir Construction Management, Inc. in the amount of $35,240; 8.2 Authorize the City Manager to approve a contingency not to exceed $15,000. R:\Minutes1051005 5 9 Approval of Joint Access Aoreement between the Citv and Michael Butler associated with the Old Town Temecula Communitv Theater Proiect No. PW02-23 RECOMMENDATION: 9.1 Approve a Joint Access Agreement between the City of Temecula and Michael Butler - Grass Valley Associates, and authorize the Mayor to execute the amendment. 10 Approval of the Plans and Specifications and authorization to solicit Construction Bids for the Slurrv Seal Proiect - FY 2004/2005 - Proiect No. PW04-16 RECOMMENDATION: 10.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Slurry Seal Project - FY 2004/2005 - Project No. PW04-16. 11 Approval of Plans and Specifications and authorization to solicit Construction Bids for Fiscal Year 2005-2006 Street Stripino Prooram - Proiect No. PW05-02 RECOMMENDATION: 11.1 Approve the plans and specifications, and authorize the Department of Public Works to solicit construction bids for Fiscal Year 2005-2006 Street Striping Program - Project No. PW05-02. 12 Approval of Plans and Specifications and authorization to solicit Construction Bids for the Fiscal Year 2004-2005 Citvwide PCC Repairs Proiect No. PW05-03 RECOMMENDATION: 12.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Fiscal Year 2004-2005 citywide Concrete Repair Project - Project No. PW05-03. 13 Approval of Contract Chanoe Order No. 10 for the Mercantile Buildino Renovation and Proiect Fundino for the Old Town Temecula Communitv Theater, Proiect No. 02-23 RECOMMENDATION: 13.1 Approve an increase in contingency funds of $940,000.00, which is equal to 13.1 % of the base contract amount, and authorize the City Manager to approve change orders not to exceed the total contingency amount of $1,656,800.00 which represents 23.1 % of the base contract amount; 13.2 Approve Contract Change Order No. 10 for the Old town Temecula Community Theater, Project No. PW02-23 to Tovey/Schultz Construction, Inc. in the amount of $566,860.00 and authorize the City Manager to execute the Change Order from the contingency amount authorized; R:\Minutesl051 005 6 13.3 Approve the transfer of $1,200,000 of Capital Project Reserves from the Maintenance Facility/Field Operations Center to the Old Town Temecula Community Theater. Commenting on the complexity of this project, Mayor Pro Tem Roberts expressed his understanding of the needed change orders but encourage staff to continue to closely oversee the project. 14 Bus Bench Uporades - Proiect No. PW02-17 - Award of Construction Contract RECOMMENDATION: 14.1 Award a construction contract for the Bus Bench Upgrades - Project No. PW02-17 - to Sutherlin Contracting, Inc. in the amount of $221,780 and authorize the Mayor to execute the contract; 14.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $22,178 which is equal to 10% of the contract amount; 14.3 Approve a transfer in the amount of $36,500 of Capital Project Reserves from the Main Street Bridge over Murrieta Creek (Replacement) to the Bus Bench Upgrade Project. 15 Annual Purchase Aoreement for FY2004-2005 and FY2005-2006 for the purchase of Hot Mix Asphalt and SS 1 H Emulsion Tack for Street and Pot Hole Repairs RECOMMENDATION: 15.1 Approve a purchase agreement with CalMat (dba Vulcan Materials Company) for the purchase of Hot Mix Asphalt and SS1H Emulsion Tack for street and pot hole repairs in an amount of $50,000 for the remaining Fiscal Year 2004-2005; 15.2 Approve the purchase agreement with CalMat (dba Vulcan Materials Company) for the purchase of Hot Mix Asphalt and SS1 H Emulsion Tack for street and pot hole repairs in the amount of $50,000 for fiscal year 2005-2006. 16 Resolution of Support for the relocation of Southern California Office of Homeland Securitv at the Ben Clark Trainino Center (At the request of Councilwoman Edwards) RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 05-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING A U.S. HOMELAND SECURITY ADMINISTRATION STATIONED AT THE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT BEN CLARK TRAINING CENTER R:\Minutesl051 005 7 17 Consideration of Amendment to the Aoreement. dated December 9. 2003. with Shute, Mihalv & Weinberoer LLP, for leoal services reoardino Vallev-Rainbow Line RECOMMENDATION: 17.1 Authorize the City Manager to approve and amendment to the City's Agreement with Shute, Mihaly & Weinberger LLP to increase the City of Temecula's share of funding for legal services by $16,000. MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1-17. The motion was seconded by Councilwoman Edwards and electronic vote reflected unanimous approval. At 8:09 P.M., the City Council called a short recess after which it reconvened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 8:31 P.M., the City Council resumed with regular business. PUBLIC HEARING 18 Supplemental Alcoholic Beveraoe Sale Requirements (PA04-05941 RECOMMENDATION: 18.1 Introduce and read by title only 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) Planning Director Ubnoske reviewed the staff report (of record), highlighting the proposed changes and noting that the Planning Commission had recommended the following changes: . Clarification of when a convenience market becomes a liquor store . Security training for employees For Mayor Pro Tem Roberts, Ms. Ubnoske advised that the convenience market, per the definition, will still require the Minor Conditional Use Permit and that any concerns may be appealed to the City Council. There being no public input, the pUblic hearing was closed. Thanking staff for its associated efforts, Councilman Washington relayed his comfort with the proposed ordinance. R\Minutesl051 005 8 Echoing her fellow colleagues, Councilwoman Edwards advised that she had reviewed similar ordinances from other cities, noting that the City is once again paving the way since many other cities are still relying on ABC guidelines. Commenting on the former use of the census tracts, Mayor Comerchero as well commended the Planning Department staff on a job well. Commending the Planning Department on a job well done, Councilman Naggar and offered the following motion: At this time, City Attorney Thorson introduced Ordinance No. 05-05. MOTION: Councilman Naggar moved to introduce and read by title only Ordinance No. 05-05. The motion was seconded by Mayor Pro Tem Roberts and electronic vote reflected unanimous approval. COUNCIL BUSINESS 19 Traffic Sional Svstem and Operation Improvements - Winchester Road and State Route 79 South RECOMMENDATION: 19.1 Receive and file the report and provide recommendations as necessary. Public Works Director Hughes introduced Principal Engineer Moghadam, who, by way of a PowerPoint presentation, provided a detailed overview of the Traffic Signal System and Operation Improvements along Winchester Road and State Route 79 South, highlighting special accomplishments for Winchester Road and State Route 79 South and referencing upcoming projects for the two locations. In response to Councilwoman Edwards, Mr. Moghadam confirmed that the City will not be taking control of the freeway-ramp signals, noting that the actual timing of these ramp signals will remain under the jurisdiction of Caltrans. In closing, Mr. Moghadam acknowledged Associate Engineer Gonzalez and Senior Signal Technician Urbie on their efforts and dedication. It was the consensus of the City Council to receive and file this item. 20 Appointment of Druo/Ganq Task Force (At the request of Councilmembers Naggar and Washington) RECOMMENDATION: 20.1 Appoint two members of the City Council to a Drug/Gang Task Force. R\Minutesl051 005 9 MOTION: Mayor Pro Tem Roberts moved to appoint Councilman Naggar and Councilman Washington to the Drug/Gang Task Force. Councilwoman Edwards seconded the motion and electronic vote reflected unanimous approval. CITY MANAGER'S REPORT No additional comment. CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson advised that there were no items to report. ADJOURNMENT At 8:59 P.M., the City Council meeting was formally adjourned to an adjourned regular meeting on Wednesday, May 18, 2005, at 1 :00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California, for the purpose of a budget workshop Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk R:\Minutesl051 005 10 MINUTES OF A BUDGET WORKSHOP MEETING OF THE TEMECULA CITY COUNCIL MAY 18, 2005 The City Council convened in a budget workshop meeting at 1 :01 P.M., on Thursday, May 18, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. There were no Closed Session items. Present: Council members: Edwards, Naggar, Roberts, Washington, Comerchero Absent: Councilmember: None FLAG SALUTE The flag ceremony was presented by Councilman Washington. PUBLIC COMMENTS No comments. CITY COUNCIL REPORTS A. Mayor Comerchero advised that Councilwoman Edwards has been appointed to the Human Development Steering Committee for the National League of Cities, noting that the City has three Council members on Steering Committees for the National League. COUNCIUDISTRICT/AGENCY BUSINESS 1 Review of the FY 2005-06 Proposed Operatino Budoet RECOMMENDATION: 1.1 Review and discuss the FY 2005-06 Proposed Operating Budget and provide direction to staff as appropriate. By way of a PowerPoint presentation, City Manager Nelson reviewed the proposed Operating Budget, highlighting main components such as the following: . Total proposed revenues o 8.1 % increase $56,459,814 . Total proposed expenditures o 8.5% increase $56,314,568 . Fund Balance Designated for Economic Uncertainty o Increase Undesignated Reserve Fund from $10 million to $11.26 million . 20% in General Fund Reserve . $2.2 million for Retiree Health Benefits . Public Safety o $3.44 million increase R:IMinutesl051805 o fourteen additional sworn officers, exceeding the City's one sworn officer to every 1,000 residents ratio (1 :1,000) - ratio will be at 1 :943 - total number of 96 sworn Police officers Mayor Pro Tem Roberts commented on the possibility of the City obtaining additional Police officers through the Indian Gaming Funds. o An additional Student Resource Officer (SRO) for the Temecula Valley Unified School District o Citizens Action Patrol (CAP) Program o Temecula Citizen Corps (TCC) Program o All Fire engines now have paramedics on each City engine team . Revenue Excess Sharing in Temecula (REST) o Contribution will increase to $4.85 million . City's contribution to supplement the Measure C Special Tax . If Special Tax paid 100% for all parks and recreation programs/activities it would cost each resident $166 per home per year, instead of $63.44 . Additional Budget Highlights o 7.5 new authorized positions o 6 reclass positions o Implementation of MOU o Will commit $1.8 million to the five-year Capital Improvement Program (CIP) . Five-Year General Fund Projection o Projecting revenues will balance with City's expenditures in five years after considering the impacts of the CIP o Based on current State Budget information Community Services District . Total proposed revenues $16,564,233 oRates & Charges increased by $495,000 (for Redhawk) . Total proposed expenditures $16,795,386 oRates & Charges increased by $463,000 (for Redhawk) . REST/Special Tax - Rate per Household o $102.58 - REST- annual savings per home o $ 63.44 - Special Tax . Additional Park and Recreation Facilities/Programs o Old Town Temecula Community Theater - early Fall 2005 . Estimated expenditures $632,000 . Estimated revenues $226,000 o Patricia H. Birdsall Sports Park - 43-acre park o Annexation of Redhawk Parks - 4 additional parks o Roripaugh Ranch Open Space and Trails o Summer Months Activities and Recreation in Temecula (SMART) R:IMinutesl051805 2 o Move Nights . Moonlight Movies in the Park o Fitness in Temecula (F.I.T.) Program o Cultural Arts Program o Establish Project Park Ranger Program . Suggested by Mayor Comerchero to explore an apprenticeship program Redevelopment AQencv . Total proposed revenues $14,652,870 . Total proposed expenditures $12,714,285 . Budget Highlights o ERAF Shift - $770,000 o Residential Improvement Program - $350,000 o Fac;:ade Improvement Program - $ 75,000 o Old Town Specific Plan Implementation - $185,000 Commenting on the improvements made at the Ranch Meadows condominium project, Mayor Comerchero requested that staff explore a possible upgrade of the condominium project sign. For Mayor Pro Tem Roberts, Director of Housing and Redevelopment Meyer advised that the Residential Improvement Program is a City-wide program ($5,000 per household), participation based on household income threshold. COUNCIL/DISTRICT/AGENCY BUSINESS 2 Review of the Proposed FY 2006-10 Capital Improvement Proqram RECOMMENDATION: 2.1 Review and discuss the proposed FY 2006-10 Capital Improvement Program (CIP) and provide direction to staff as appropriate. By way of a PowerPoint presentation, City Manager Nelson reviewed the proposed 2006-2010 CIP Budget, noting the following: . 80 projects = $309,775,060 million o approximately $272,177,231 million are funded of which circulation projects represent 64%, public facilities 20%, parks 10%, and RDA 6% . Major Traffic Circulation Improvement Projects o French Valley Interchange - Phase 1 . Interim Southbound Off-Ram . Auxiliary Lane . Santa Gertrudis Creek Bridge Widening o 1-15/79 South Ultimate Interchange . Acquired all necessary right-of-way o Rancho California Road Widening/Old Town Front Street to southbound 1-15/Median Modifications from 1-15 to Ynez Road o Pechanga Parkway CFD Improvements o State Route 79 South Medians R:IMinutes1051805 3 o Diaz Road Realignment o Pavement Management Program - on-going commitment o Main Street Bridge o Overland Drive Extension o Pauba Road Improvements - Phase II o Butterfield Stage Road CFD For Mayor Comerchero, Public Works Director Hughes confirmed that intersection improvements will occur at the Moraga Road/Rancho California Road intersection with Mr. Comerchero recommending the extension of the left-turn pocket onto Moraga Road. For Councilman Washington, Public Works Director Hughes advised that the existing measures are interim measures but noted that staff would explore his concern at northbound on Ynez Road to westbound Winchester Road, noting that the left-turn lane on the east does not accurately line up with the traffic light. . Pubic Facilities Projects o Old Town Community Theater - opening Fall 2005 o Fire Stations - Wolf Creek (design phase almost completed) and Roripaugh (currently under construction) - 100% paid for by new development fees or by Riverside County o Temecula Public Library - scheduled completion date by end of summer of 2006 year o Maintenance Facility Expansion/Field Operations Center - finalizing design plans o Civic Center/Plaza Master Plan . Parks & Recreation o Patricia H. Birdsall Sports Park - scheduled for completion early summer of 2006 o Redhawk Park Improvements o Roripaugh Ranch Trails o Temecula Community Center Expansion on Pujol Street - utilize CDBG funds to add 3,000 square feet o Dog Park at Long Canyon Creek Park . Mayor Pro Tem Roberts noted that this matter should be reviewed by the Community Services Commission; dog park should be located closer to residences that may not have sufficient space for a dog to ensure adequate use of the park; . Concurring with Mayor Pro Tem Roberts' comment, Councilman Washington recommended that the Community Services Commission review the matter; suggested to explore more than one location and that locations that are convenient to a community; . Mayor Comerchero concurred with the above-mentioned comments and suggested the exploration of providing a dog park in all future City parks; o Vail Ranch Middle School - basketball court lighting For Councilman Washington, Community Services Director Parker advised that the undeveloped parcel adjacent to Pablo Apis Park will be inherited by the City as a result of annexation and will be properly designed. City Manager Nelson noted that the City will be receiving $173,000 in Quimby fees which could potentially be programmed to offset initial improvement costs for this site. Councilman Washington requested that the three-rail split fencing for the Ronald Reagan Sports Park along Margarita Road be extended onto Pauba Road. City Manager Nelson suggested that this request be included with the Pauba Road Improvements. Mayor Comerchero R:IMinutesl051805 4 recommended that thought be given to the ultimate use of the corner property at Margarita/Pauba Roads. . Redevelopment o Temecula Education Center o Old Town Mixed-Use Housing o Old Town Identification Sign o Old Town Parking Opportunities o Historic Site Relocation (Escallier House) Councilman Washington thanked Director of Housing and Redevelopment Meyer and staff for its creative and innovative ideas with regard to mixed-use housing in Old Town. With regard to the City-owned property at Santiago Road and Ynez Road, City Manager Nelson, for Councilwoman Edwards, suggested the possibility of a passive park which would not be intrusive to the neighbors but would be aesthetically pleasing, noting that, in the near future, this property would be explored in more detail. Concurring with the use of a passive park, Councilman Washington suggested partnering with the community for a short-term measure - such as a neighborhood beautification project. Councilwoman Edwards suggested the thought of a regional park - one not necessarily geared toward accommodating sports. Mayor Pro T em Roberts suggested that the property be buffered with trees and flowers in order to aesthetically enhance its appearance. Mayor Comerchero recommended that this matter as well as the Margarita/Pauba Roads corner property and any other City-owned property be forwarded to the Community Services Commission for review. Mayor Comerchero thanked City Manager Nelson, Finance Director Roberts, the Finance Department staff, the Public Works Department, the Community Services Department, and the Redevelopment Agency on a job well done. In closing, Mr. Comerchero advised that the City Council will be addressing the budget for final action at the June 14, 2005, City Council meeting. CITY MANAGER'S REPORT City Manager Nelson thanked Finance Director Roberts and the Finance Department staff as well as the other Departments on its dedicated efforts and efficiency of completing these budget documents and commended the City Council for its leadership. . CITY ATTORNEY'S REPORT There being no Closed Session, Assistant City Attorney Curley noted that there was nothing to report. R:IMinutes1051805 5 ADJOURNMENT At 2:09 P.M., the City Council meeting was formally adjourned to Tuesday, May 24, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:IMinutes1051805 6 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 24, 2005 The City Council convened in Closed Session at 6:30 P.M., on Tuesday, May 24, 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 Council members: Edwards, Naggar, Roberts, Washington, and Comerchero Absent: o Council members: None PRELUDE MUSIC The prelude music was provided by the Arts Council Piano Competition winners. INVOCATION The invocation was given by Councilman Naggar. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Councilwoman Edwards. PRESENT A TIONS/PROCLAMA TIONS Certificates of Achievement to Craiq Brown and Matthew Duvall for attaininq the rank of Eaqle Scout This item was continued to the meeting of June 14, 2005. Certificates of Achievement to the Arts Council Piano Competition recipients Mayor Comerchero presented a Certificate of Achievement to Jake McKeon and Councilwoman Edwards presented a Certificate of Achievement to Maxine Imura. Water Awareness Month Proclamation Appreciating the City Council's recognition, both Ms. Donna Powers from Rancho California Water District and Ms. Melanie from Eastern Municipal Water District were in attendance to accept a proclamation for each District and shared some informative water-saving ideas. R:lMinutesl052405 Coachello Vallev Association of Governments (CVAGl Interchanoe Enhancement and Landscape Maintenance - Countv Plannino Director Robert Johnson - at the request of Councilman Naggar By way of numerous slides from various cities/states, County Planning Director Johnson commented on various interchange enhancements, landscape maintenance, automobile bridges/crossings/overcrossing, freeway walls, residential walls, elimination of sound walls or creative sound walls, gateways/entryways, signs, and bus stop shelters. Mr. Johnson advised that CVAG approved to provide 1% construction costs for design enhancements and the use of extended Measure funds to pay for on-going maintenance costs for interchange improvements. Impressed with the enhancements he had seen in the slide show, Councilman Naggar thanked Mr. Johnson for the presentation and encouraged City awareness of such enhancements. In response to Mr. Naggar, City Manager Nelson noted that such enhancements could be a part of the design process for any public infrastructure project, advising that the City could include a design component related to enhancing the aesthetics of such projects and suggesting that the City discuss the matter with Western Riverside County of Governments from a regional perspective. In light of Councilman Naggar's suggestion to agendize this matter, Mayor Comerchero recommended the formation of a Council Committee to discuss this particular item as well as public art in general. Councilman Washington thanked Mr. Johnson on his presentation. Mr. Washington recommended to engage the Community Services Commission in the awareness process. PUBLIC COMMENTS A. Addressing the Mercantile Building, Mr. Darell Farnbach, Temecula, commented on its historical recognition and expressed his dismay with the gutting of the interior of this building as well as the destruction of the favade and requested assurance that other historical resources be protected from destruction and noted that a Commission should oversee these historical resources to ensure their preservation. Noting that the City Council is aware of the events of the Mercantile Building, Mayor Comerchero advised that Director of Housing and Redevelopment Meyer will be meeting with the Historical Society and other interested parties on June 3, 2005. B. Ms. Bonnie Reed, Temecula, expressed her disappointment at the loss of a great community treasure (Mercantile Building) and commented on the need to preserve this and other historical sites. C. Ms. Pam Grender, Temecula, relayed her regret that not more thought was given to the restoration of the Mercantile Building; encouraged coordination efforts with the Old Town Local Review Board with regard to these historical sites; and requested the original restoration of this building. R:\Minutes\OS240S 2 D. Commenting on the restoration of the Shire Building and the Welty Building, Mr. Doc Lane, Temecula, addressed the involvement of the City with these projects and questioned the lack of City involvement with the Mercantile Building. Mr. Lane requested that this building be restored to its original state. Mayor Comerchero advised that it always has been the City's intent to restore it to its original state. E. Expressing his dismay with the destruction of the Mercantile Building, Mr. Otto Baron, Temecula, commented on the impacts the loss of historical resources has on Old Town tourism. F. Having restored two buildings in the City of Los Angeles, Ms. Nancy Baron, Temecula, requested to view the plans for the Mercantile Building. In response to Ms. Baron, Mayor Comerchero advised that the Mercantile Building will be utilized for the Community Theater. G. Shocked with the destruction of the Mercantile Building, Mr. Jimmy Moore, Temecula, recommended that any changes to Old Town should be reviewed by the Old Town Local Review Board and that a Committee be formed to address the fate of any historical sites. H. Responding to the many comments regarding the Mercantile Building, City Manager Nelson commented on the importance of open communication when it pertains to these historical resources, noting that, in his opinion, that had not occurred with the Mercantile Building; assured the City Council and the public that open communication will occur with future projects; concurred with including the Old Town Local Review Board; and reiterated that the Mercantile Building, to the City's best ability, will be restored to its original appearance. CITY COUNCIL REPORTS A. Echoing the dismay with regard to the Mercantile Building, Mayor Pro Tem Roberts expressed his appreciation to City Manager Nelson for his comments with regard to the Mercantile Building. B. Extending his appreciation to Mr. Nelson for his comments, Councilman Washington concurred with including the Community Services Commission. Commenting on the upcoming Youth in Government Program, Mr. Washington briefly reviewed the activities of the two days (June 1 and 2, 2005), noting that high school seniors from Chaparral and Temecula Valley High Schools will be in attendance. Mr. Washington commended City Clerk Jones on her efforts associated with the program, advising that Ms. Jones had received an award from the City Clerks' Association; that this program was submitted for recognition to the California School Public Relations Association; and that Ms. Jones was awarded the California Gold Award of Excellence. Mr. Washington as well commended Ms. Danielle Clark from the School District on her associated efforts and support. C. Having participated in Citizens Scholarship Foundation Night with Councilman Washington, Councilwoman Edwards commented on the amounts of scholarships presented to the graduating seniors and proudly announced that the City of Temecula was a sponsor. R:\Minutesl052405 3 Ms. Edwards reminded the public of the upcoming Matsurj Event (Sister City Foundation) on June 4, 2005, at the Community Recreation Center and provided a progress update on the building of a new animal shelter. D. To those concerned about the fate of the Mercantile Building, Mayor Comerchero reiterated the City's commitment, as noted by City Manager Nelson, to ensure open communication with this project as well as future projects. Since last week's Budget Workshop, Mr. Comerchero requested that the following costs be included in the budget when ratified at the June 14, 2005, City Council meeting: relocation and replacement of existing freeway monument sign at the northern City boundary and Veterans' Memorial Phase II. 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 approvinq List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 05-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 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. R\Minutesl052405 4 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% linder'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 thei 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 Vallev 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. (Councilwoman Edwards noted that she would be abstaining with regard to this item because her husband will be providing sound services for the Jazz Festival.) 9 Jefferson Avenue Pavement Rehabilitation Phase II Proiect No. PW02-26 additional funds due to Remediation of Subqrade 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. R:lMinulesl052405 5 10 Pechanqa Parkwav Storm Drain Improvements Proiect No. PW99-11CH 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 Hollow 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. 05-53 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 151 RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 05-54 . 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 R\Minutesl052405 6 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 II - 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. 16 French Vallev Parkwav/I-15 Overcrossinq and Interchanqe Improvements - Proiect Report Preparation - Project No. PW02-11 - French Valley Parkway Interim Southbound Off-Ramp to Jefferson Avenue Phase I Amendment to a Consultinq Aqreement 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. R:\Minutes\05240S 7 17 Second Readinq of Ordinance No. 05-05 (Businesses Sellinq Alcoholic Beveraqes1 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) MOTION: Councilman Washington moved to approve Consent Calendar Item Nos. 1-17. The motion was seconded by Mayor Pro Tem Roberts and electronic vote reflected approval with the exception of Councilwoman Edwards who abstained with regard to Item NO.8. At 8:07 P.M., the City Council called a short recess after which it reconvened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 8:24 P.M., the City Council resumed with regular business. . 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. 05-06 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) Principal Planner Hogan reviewed the staff report (as per agenda material), clarifying Council questions as follows: . That banners are viewed as temporary signs which would involve separate regulations . That typically a freestanding signage would require administrative/staff approval . That each dealer will be given the opportunity to apply for a Minor Temporary Use Permit for up to four events per year per dealership. R:\Minutes1052405 8 Mayor Comerchero opened the public hearing. Mr. Isaac Lizarraga, President of the Temecula Valley Auto Dealer Association and representing the nine dealerships, relayed the dealerships' support of the proposed changes to the Development Code in order for the dealerships to adequately compete in the market place. Advising that this matter was not addressed with the Planning Commission, Mr. Lizarraga expressed concern with permitting only one freestanding tenant sign per dealership, noting that three dealerships border two frontage streets and requested that for dealerships that border two frontage streets be permitted two freestanding tenant signs. At this time, the public hearing was closed. Clarifying the allowable number of freestanding monument signs, Planning Director Ubnoske recommended a separation requirement between the two freestanding signs and noted no opposition to Mr. Lizzarraga's request for two freestanding tenant signs. Councilman Naggar expressed his support for the addition of one freestanding monument sign (total of two) for those dealerships with two frontage streets. Addressing the Council's concern of potentially having on-going major promotional events, Mr. Lizzarraga advised that the intent would be to increase the existing two major promotions (all dealerships participating) a year to four promotions a year. Further clarifying the permit approvals, Planning Director Ubnoske advised that the weekend events will require a one-time Master Temporary Use Permit. At this time, City Attorney Thorson introduced and read by only Ordinance No. 05-06. MOTION: Councilman Naggar moved to introduce Ordinance No. 05-06, amending Section 8 C. 1. to read as follows: the maximum number of freestanding tenant identification signs (Multi- or single-tenant sign) is one per street frontage and that reasonable separation distance shall be as determined by the Director of Planning at the time of approval. The motion was seconded by Councilman Washington and electronic vote reflected unanimous approval. 19 Consistencv Rezoninq Ordinance (PA No. 05-00851 RECOMMENDATION: 19.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 05-07 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) R:\Minutesl052405 9 Reviewing the staff report (of record), Principal Planner Hogan recommended that the designated Meadowview property (located above Del Rey Road - 9 acres) be eliminated from any action at this time in order to meet with the property owners and advised that two new zones are being proposed: rural residential (5 acre) and tribal trust land zone (properties currently tribally owned). City Attorney Thorson advised that two small Meadowview parcels, currently existing as open space, will be designated as open space, noting that both Mayor Pro Tem Roberts and Councilman Washington live in the Meadowview area and, therefore, should not partake in any discussion regarding those two parcels but may partake in the overall Zoning Ordinance. At this time, the public hearing was opened. Having received no notification of the proposed change, Ms. Naomi Viselli, Temecula, expressed concern with the proposed upzone of five-acre minimum lots considering her proposed included nine acres and requested that her property be rezoned to a minimum one- acre lot similar to the other Meadowview properties. Ms. Win Corey, Temecula, reiterated her daughter's comments. Mr. Robert Martin was called but chose not to speak. At this time, the public hearing was closed. In light of staff's request to continue the item mentioned by Ms. Vise IIi, Councilman Naggar offered the following motion: City Attorney Thorson introduced Ordinance No. 05-07 by title only. MOTION: Councilman Naggar moved to introduce Ordinance No. 05-07 but continuing any action with regard to Ms. Viselli's property in order to further discuss the matter with the property owners. The motion was seconded by Mayor Pro Tem Roberts and the electronic vote reflected unanimous approval. 20 Weed Abatement Lien Resolution for FY 2004-2005 RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 05-55 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 Principal Planner Brown reviewed the staff report (as per written material). R:\MinutesI052405 10 At this time, the public hearing was opened. There being no public input, the public hearing was closed. MOTION: Councilman Naggar moved to adopt Resolution No. 05-55. The motion was seconded by Councilman Washington and the 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, City Attorney Thorson advised that there was no action to report under Closed Session. ADJOURNMENT At 9:04 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, June 14, 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:\Minutes\052405 11 ITEM 3 RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $6,838,808.51. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 14th day of June, 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 14th day of June, 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 CITY OF TEMECULA LIST OF DEMANPS 05/19/05 TOTAL CHECK RUN, $ 1,209,366.30 05126/05 TOTAL CHECK RUN: 3,418,395.41 06/02105 TOTAL CHECK RUN: 1.483,741.39 05/19/05 TOTAL PAYROLL RUN: 361,801.59 06/02105 TOTAL PAYROLL RUN: 365,503.82 TOTAL LIST OF DEMANDS FOR 06/14/05 COUNCIL MEETJNG: $ 6,838,808.51 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 2,096,529.89 120 DEVELOPMENT IMPACT FUND 1,514,815.00 140 COMMUNITY DEV BLOCK GRANT 13,088.30 165 ADA DEV.lOW/MOD SET ASIDE 27,151.68 190 COMMUNITY SERVICES DISTRICT 295,n7.99 192 TCSD SERVICE LEVEL B 180.14 193 leso SERVICE LEVEL C 102,432.48 194 TCSD SERVICE LEVEL D 1,626.15 195 TCSD SERVICE LEVEL R 1,620.00 196 TCSD SERVICE LEVEL L 7,400.00 210 CAPITAL IMPROVEMENT PROJ. FUND 1,910,106.67 I 271 CFD 01.2 HARVESTON IMPRV FUND 415.00 260 REDEVELOPMENT AGENCY.CIP 34,185.27 300 INSURANCE FUND 8,109.68 310 VEHICLES FUND 4,354.33 320 INFORMATION SYSTEMS 60,886.40 330 SUPPORT SERVICES 9,595.72 340 FACILITIES 22,283.04 460 CFO 88.12 DEBT sve FUND 945.36 $ 6,111,503.10 001 GENERAL FUND $ 501,639.45 165 RDA-LOW/MOD SET ASIDE 11,001.50 190 COMMUNITY SERVICES DISTRICT 133,211.56 192 TCSD SERVICE LEVEL B 215.89 193 TCSD SERVICE LEVEL C 9,105.29 194 TCSD SERVICE LEVEL D 1,619.20 260 REDEVELOPMENT AGENCY.CIP 5,057.03 300 INSURANCE FUND 2,610.85 320 INFORMATION SYSTEMS 42,509.31 330 SUPPORT SERVKOES 6,421.58 340 FACILITIES 13,913.75 727,305.41 TOTAL BY FUND: $ 6.838,808.51 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. I I I SHAWN NELSON, CITY MANAGER ,HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. apChklst Final Check List Page: 1 05/19/2005 11 :28:32AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 502 05119/2005 000389 U S C M WEST (OBRA). OBRA . Project Retirement Payment 2,379.32 2,379.32 ...-.-.-...-- ---.--..- - 503 05/19/2005 000246 PERS (EMPLOYEES' PERS ER Paid Member Cantr Payment 97,453.90 97,453.90 ------..- - 504 05/19/2005 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 17.105.96 17.105.96 505 05119/2005 000444 INSTATAX (EDD) State Disability Ins Payment 17.092.34 17,092.34 506 05119/2005 000283 INSTATAX (IRS) Federal Income Taxes Payment 66.370.76 66.370.76 99516 05119/2005 004594 2 HOT ACTIVEWEAR Dress JacketfTrausers: Off. Woodland 599.63 Motor breeches trouser: off. Kurlowicz 372.82 972.45 99517 05/19/2005 001104 ARMA Membership:S.Jones & G.Flores 390.00 390.00 99518 05/19/2005 004973 ABACHERLI, LIND! TCSD instructor earnings 640.00 640.00 99519 05119/2005 000434 ACCELA.COM Conversion Assist: Permits Software 1,480.00 1,480.00 99520 05119/2005 002038 ACTION POOL & SPA SUPPLY Pool sanitizing chemicals 60.90 60.90 99521 05119/2005 005288 ADAMS, GREG Relmb: EMS Conf:4/19-21/05 302.08 302.08 99522 05/19/2005 001916 ALBERT A WEBB ASSOCIATES Oct-Mar Engineers-RoripaughlBtrttd 765.00 765.00 99523 05119/2005 008279 AMERICOMP INFOSYSTEMS INC IS Computer equip:Plextor DVD+-RW 139.00 139.00 99524 05/19/2005 000101 APPLE ONE INC Temp help PPE 4/16 RBlGKlDL 756.00 Temp help PPE 4/30 Gonzales 270.00 Temp help PPE 4/23 Gonzales 202.50 Temp help PPE 4/30 Plascencia 54.00 1.282.50 99525 05119/2005 008536 ARGUS INTERNET COMPANY 2 Steiner Binoculars:Police Dept 407.27 407.27 99526 05119/2005 001323 ARROWHEAD WATER INC Bottled wtr svcs @ City Hall 425.77 425.77 99527 05119/2005 003203 ARTISTIC EMBROIDERY City Clerk uniform shirts 81.89 81.89 Page:1 apChkLsI Final Check List Page: 2 05/19/2005 11:28:32AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99528 05119/2005 008836 AUGUSTINE DEVELOPMENT Refund: Eng Depst TR 23173-1 Lot 91 995.00 995.00 99529 05119/2005 006824 B P WEST COAST PRODUCTS. FY 03104 CFD 88-12 Reimbursement 1.993.56 1.993.56 99530 05119/2005 002541 BECKER CONSTRUCTION SRVS Repairs to Rancho Calif Ad 12,000.00 Removal of silt & debris from channels 3,000.00 15,000.00 99531 05/19/2005 005489 BOGNER. JOHN J. FY 03/04 CFD 88-12 Reimbursement 630.66 630.66 99532 05/19/2005 008835 BRACKIN. VIVIAN Refund: Eng Depst TR3883 Lot 205 995.00 995.00 99533 05119/2005 004899 BRIGANDI, PHIL Exhibition of "Presidential Memorbilia- 500.00 500.00 99534 05119/2005 005292 BUTLER, GREG Reimb:CFD Seminar:4129/05 27.25 27.25 99535 05/19/2005 004621 C.18INC Citywide Street Striping Project 71,905.48 71,905.48 99536 05/19/2005 003138 CAL MAT Apr-May PW patch truck materials 1,258.90 1.258.90 99537 05/19/2005 005384 CALIF BAGEL BAKERY & DELI Refrshmnts: Battalion Captain's Mtg 363.66 Refrshmnts:SearchlRescue Mtg Sin 84 64.65 428.31 99538 05119/2005 004241 CALIF DEPT OF ARCHITECT Accessibility trng:Elmo: 11/9-1 0105 350.00 350.00 99539 05/19/2005 004248 CALIF DEPT OF JUSTICE- Fingerprinting ID $vcs:PolicelHR 2.997.00 2.997.00 99540 05/19/2005 008644 CANTRELL, ROGER. AlA. AICP Architect:plan review:Planning 9,376.00 9.376.00 99541 05119/2005 008819 CASTLE, LEWiS Release claim Settlement 2005.467 161.63 161.63 99542 05119/2005 002534 CATERERS CAFE Refrshmnts:Commissioners Prk Tour 97.29 Refrshmnts:Commissioners Prk Tour 55.80 153.09 99543 05119/2005 008074 CAVA, LARRY Refund:Sports-BB Mens League 50.00 50.00 99544 05119/2005 004837 CHERRY VALLEY FEED & PET food & supplies for "Kaos" the K-9 119.60 119.60 99545 05119/2005 000137 CHEVRON USA INC City vehicles fuel:Police Dept 682.94 City vehicles fuel:City Mgr/Police 220.14 903.08 Page2 apChkLst 05/19/2005 11 :28:32AM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99546 05119/2005 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 147.00 147.00 99547 05119/2005 001193 COMP USA INC IS Computer supplies:TP Parts IS Computer supplies:Back-ups Es IS Computer supplies: Battery IIPack IS Computer equip:Tote Remote IS Computer supplies:Lowe Cam Case 127.95 98.07 93.91 79.16 9.09 408.18 99548 05/19/2005 003986 COZAD & FOX INC Citywide street signs replacement 4.392.50 4,392.50 99549 05119/2005 008098 CREATIVE COMMUNITY F.I.T. program logo layout 250.00 250.00 99550 05/19/2005 008375 DIAL ONE BALLARD PLUMBING Res impr pgrm:DiSilvestro Donald 1.300.00 1,300.00 99551 05119/2005 003945 DIAMOND ENVIRONMENTAL Portable restroom rental:C.Museum 113.55 113.55 99552 05119/2005 007865 DIETERICH INTERNATIONAL Repair PW Multi-Purpose Dump Truck 730.50 730.50 99553 05119/2005 002528 EAGLE GRAPHIC CREATIONS New employee glass mugs 46.55 46.55 99554 05119/2005 007319 EAGLE ROAD SERVICE & TIRE Mobil Tire repair svcs: PW Mntc Mobil Tire repair svcs: PW Mntc 1.619.15 97.06 1,716.21 99555 05119/2005 003223 EDAW INC Mar Bio srvcs:Pala Rd Bridge 227.25 227.25 99556 05/19/2005 000164 ESGIL CORPORATION Apr plan check svcs: Bldg & Safety 31,004.72 31.004.72 99557 05/19/2005 001056 EXCEL LANDSCAPE Apr Ldscp mntc: Sports Parks Apr Ldscp mntc: South Slopes Apr Ldscp mntc: North Slopes Apr Ldscp mntc: Medians Apr Ldscp mntc: City's Facili1ies Apr ldscp impr: Corte Cantera Apr ldscp impr: Ynez Median Apr Idscp impr: Slopes Apr Idscp impr: Sports Parks Apr Idscp impr: Sports Parks Apr Idscp impr: Temeku Hills Slopes Apr Idscp impr: Vail Ranch Slopes Apr Idscp impr: Rancho Cal Median Apr Idscp impr: Rancho Vista Slopes Apr Idscp impr: Temeku Hills Slopes 40,986.00 31,093.00 23,071.00 8,398.00 6,886.00 4,755.00 3.506.32 1,875.00 1,250.00 1,100.00 850.00 313.08 288.00 286.48 200.00 124.857.88 Page3 apChkLst 05/19/2005 11:28:32AM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99558 05/19/2005 004464 EXXON MOBIL CARD SERVICES City vehicles fuel: City Managers 168.62 168.62 99559 05/19/2005 008482 FASSBENDER, NANCY L. Refund: CRC Rental fee-Event Cancelled 20.00 20.00 99560 05/19/2005 000165 FEDERAL EXPRESS INC Express mail services Express mail services 216.72 189.17 405.89 99561 05/19/2005 005280 FEDERAL SIGNAL Red lights for Paramedic vehicle 210.28 210.28 99562 05119/2005 000166 FIRST AMERICAN TITLE Lot Book Rept: Kendall 75.00 75.00 Page:4 apChkLst 05/19/2005 11 :28:32AM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 99563 05119/2005 003347 FIRST BANKCARD CENTER TENAYA LODGE AT YOSEMITE OFFICE DEPOT BUSINESS SVS ACCELA.COM SOUTHWEST AIRLINES ZOOMERANG IRON WOK CHINA BISTRO SCARCELLAS ITALIAN GRILL CYBERLEARNING CIRCUIT CITY JACKS GRILL STENO DOCTOR, THE SPRINT FRED PRYOR SEMINARS- AARON BROTHERS ART & PECHANGA RESORT & CASINO BEST WESTERN BEST WESTERN Final Check List CITY DF TEMECULA (Continued) Description SJ Hotel:CCAC Ann'l Cf:4/19-22:SJ/CD/GF IT Naggar office printer IT Accela Ann'l Cf:Grove:8/22-25/05 SN Airfare:SB 427 Lobbying:AAlWH IT Web page designer subscriber svcs SJ Refrshmnts: Council Closed Session SJ Refrshmnts:Council Closed Session IT Web Devel Trng Prgm:Comerchero IT Equip: Memory upgrades JO Staff mea1:Redding's City Hall Tour SJ Steno machine repair:City Clerks IT Equip:HeadsetlPalm One Treo SJ Business Writing Sem:Childs:6/22 SJ News article framed:Council request WH Refrshmnts:Staff Safety Mtg JM Hotel:Redding's City Hall Tour JO Hotel:Redding's City Hall Tour TARGET BANK BUS CARD SRVCS IT Equip parts:MotorolalLaptop IT Microsoft on-line trng:Krueger MC.CERTIFICATION TRENZ BARNES AND NOBLE STORE KIESUB ELECTRONICS INC NATIONAL NOTARY EL CID MEXICAN CUISINE AMERICAN PUBLIC WORKS BLACK ANGUS WAHOO'S FISH TACO EARTHLlNK INC TENA Y A LODGE AT YOSEMITE MARIE CALLENDER IT Refer book:Google missing manual IT Equip:Holster Handspring Treo SJ Notary supplies:Jml/lnkless pad SJ Meal:CCAC Ann'J Cf:4/1g.22:SJ/CD/GF WH Publication:'05 Nat'l PW Poster WH Refrshmnts:Public Trtfc Mtg SJ Meal:CCAC Ann'l Cf:4119-22:SJ/CD/GF IT Council members internet svcs SJ Meal:CCAC Ann'l Cf:4/1g.22:SJ/CD/GF SJ Refrshmnts:Council Closed Session Page: 5 Amount Paid Check Total 645.72 554.54 525.00 441.80 350.00 210.27 187.23 180.00 178.84 162.25 159.00 129.28 99.00 98.32 96.59 86.90 86.90 84.00 65.97 53.27 47.71 38.33 37.52 32.00 26.11 25.87 21.95 21.55 18.98 PageS apChkLst 05/19/2005 11 :28:32AM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total RIVERSIDE CO CLERK & SJ Certified official records request 18.00 JACK IN THE BOX SJ Meal:CCAC Ann'l Cf:4/19-22:SJ/CD/GF 15.21 ONTARIO AIRPORT MN Prkg:Comm.lEco Dev Committee:4/07 15.00 DOUBLETREE HOTEL MN Meal:Comm.lEco Dev Committee:4/07 13.85 4,726.96 99564 05119/2005 004239 FISHER SEHGAL YANEZ INC Mar design svcs:Comm theater 25,470.00 25,470.00 99565 05119/2005 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 99566 05/19/2005 000170 FRANKLIN QUEST COMPANY INC Day Timer Supplies - Planning 17.35 17.35 99567 05119/2005 004178 FREEDOM SIGNS Fac impr prgm: Belinda Photography Fac impr prgm:My Favorite Things 3,879.00 1.131.38 5,010.38 99568 05119/2005 008416 FRONTBAIDGE TECHNOLOGIES Apr Citywide E-mail Spam Filtering 287.50 287.50 99569 05119/2005 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Public Works Office Supplies: Build & Safety Office Supplies: Planning/Code Enforce Office Supplies: City Mgr/Citizen Corps Office Supplies: RDA-Low/Mod Office Supplies:GIS/lnf System Office Supplies: Human Resources Office Supplies:Fire- Prev/Stn84/Medic Office Supplies: Central Services Office Supplies: Finance Office Supplies: Records Mgmt Office Supplies: City Clerk 1,973.98 1,578.81 909.03 573.01 554.23 406.90 296.84 185.30 172.50 50.59 35.43 20.70 6,767.32 99570 05119/2005 004019 GOLDEN STATE FENCE Replace La Serena Prk damage fence 1.248.00 1,248.00 99571 05/19/2005 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prevo 58.01 58.01 99572 05119/2005 005363 GRAPELlNE. THE shuttle to Library ground breaking 1.150.00 1.150.00 99573 05119/2005 000711 GRAPHICS UNLIMITED Code Enforcement trifold brochure 1.360.88 1.360.88 99574 05119/2005 007736 GRIFFITH COMPANY Settlement of Termination Agrmnt 300.000.00 300,000.00 99575 05119/2005 000520 H D L COREN & CONE INC Apr-Jun Property tax consulting SVCS 3,600.00 3,600.00 PageS 99592 05119/2005 001186 IRWIN. JOHN TCSD instructor earnings 777.00 777.00 99593 05119/2005 002575 JONES. SUSAN W. Refrshmnts:Team Sldg City Clerk's Oept 261.05 261.05 Page:? Page:8 apChkLst Final Check List Page: 7 05/19/2005 11 :28:32AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99575 05119/2005 005311 H20 CERTIFIED POOL WATER Apr CRCfTES pool mntc & supplies 2,298.01 2.298.01 99577 05/19/2005 004053 HABITAT WEST INC Lg Canyon Detention Basin Mntc 450.00 450.00 99578 05119/2005 000186 HANKS HARDWARE INC Hardware supplies:Fire- Stn84/MediclPrev 376.Q3 376.03 99579 05/19/2005 003299 HAYES, BARNEY A. Performer: Bluegrass Festival 2005 500.00 Performer: Westem Days 2005 300.00 800.00 99580 05119/2005 006250 HAZ MAT TRANS INC Disposal of hazardous waste: PW 1.600.00 1,600.00 99581 05/19/2005 001135 HEAL THPOINTE MEDICAL Employee Physicals and Drug Screenings 25.00 25.00 99582 05/19/2005 004755 HIGHER INTEGRITY PAINTING Res Impr Prgm: Shaw, David & Deana 2.000.00 2,000.00 99583 05119/2005 005748 HODSON. CHERYL A. Support Payment 11.69 11.69 99584 05119/2005 001517 HORIZON HEALTH May Employee Assistance Program 723.36 723.36 99585 05119/2005 003624 HOWELL, ANN MARIE New tourism full page ad design 377.13 New tourism full page ad design 150.85 527.98 99586 05119/2005 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 8,454.36 8,454.36 99587 05119/2005 008828 IDEA FACTORY Refund: Amphitheater rental & depst 1,123.00 1,123.00 99588 05119/2005 004406 IGOE & COMPANY INC May 05 flex benefit plan pmt 280.85 280.85 99589 05119/2005 004833 IMPERIAL PAVING COMPANY INC Heavy rains repairs:Various Locations 18,631.00 Heavy rains repairs:Various Locations 8.725.00 Heavy rains repairs:Various Locations 7.091.00 34,447.00 99590 05119/2005 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals 341.03 341.03 99591 05119/2005 003266 IRON MOUNTAIN OFFSITE Records mgmt microfilm storage unit 252.50 252.50 99592 05119/2005 001186 IRWIN. JOHN TCSD instructor eamings 777.00 777.00 99593 05119/2005 002575 JONES. SUSAN W. Refrshmnts:Team Bldg City Clerk's Dept 261.05 261.05 Page:7 apChkLst 05/19/2005 11 :28:32AM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Description Amount Paid Check Total Check # Date Vendor 99594 05/19/2005 003046 K FRO G 95.1 FM RADIO Radio Broadcasting: Parasol Music 752.00 752.00 99595 05/19/2005 001091 KEYSER MARSTON ASSOCIATES Apr svcs:Affordable housing Low/Mod Apr svcs: Real Estate Economic 8,763.17 480.00 9,243.17 99596 05119/2005 004481 KIM LEY HORN & ASSOCIATES Mar Design Svc: Multi-Purpose Trail 22.945.00 22,945.00 99597 05119/2005 001282 KNORR SYSTEMS INC TES Pool Equip:Hytrol Valve-S/S Float TES Pool Equip:2-Storage Bulk Tanks TES Pool Equip:Modualting Float Valve 1,472.94 1,163.05 690.68 3,326.67 99598 05119/2005 004051 LOR GEOTECHNICAL GROUP Apr-May Geotech: Wolf Vlly Stg 2 40.00 40.00 99599 05/19/2005 003605 LAKE ELSINORE STORM Storm baseball excursion: High Hopes 351.00 351.00 99600 05119/2005 008700 LAKE MANAGEMENT INC Apr wtr quality mntc:Harveston lake prk 4.000.00 4,000.00 99601 05119/2005 006744 LAMAR CORPORATION, THE May Billboard Lease~Old Town Chg-Out Billboard Ad:Parasol Music Chg-Out Billboard Ad:Western Days 2,700.00 455.00 455.00 3.610.00 99602 05119/2005 003286 LIBRARY SYSTEMS & SERVICES Apr svcs-library system agrmnt Apr svcs-library system agrmnt 10,506.65 1.244.12 11.750,77 99603 05119/2005 003726 LIFE ASSIST INC Supplies for Paramedic squad Supplies for Paramedic squad 805.60 308.75 1,114.35 99604 05119/2005 004141 MAINTEX INC custodial supplies: CRC custodial supplies: MPSC custodial supplies: CRC custodial supplies: MPSC 94.02 34.39 30.64 27.26 186.31 99605 05119/2005 004894 MICHAEL BRANDMAN 2126~3125105 Svcs: Pechanga Pkwy Ph2 2,805.00 2,805.00 99606 05119/2005 007210 MIDORI GARDENS Apr Idscp maint svcs:Neighborhood Parks install bark mulch: Sam Hicks Park irrigation repairs @ Serena Hills Park 34.300.00 SOO.OO 103.46 34.903.46 99607 05/19/2005 007669 MILES. KATRINA TCSD Instructor Earnings 210.00 210,00 99608 05119/2005 008091 MILLMORE'S WAX CREW detailing services for PW Oept vehicles 125.00 125.00 99609 05/19/2005 001384 MINUTEMAN PRESS 6000 envelopes for T. Museum 376,59 376.59 Page8 apChkLst 05/19/2005 11:28:32AM Bank: union UNION BANK OF CALIFORNIA Check # Dale Vendor 99610 05119/2005 001067 MITY LITE INC 99611 05/19/2005 001892 MOBILE MODULAR 99612 05119/2005 008090 MOBILE PC Final Check List CITY OF TEMECULA Page: 9 (Continued) Description Amount Paid Check Total Lectern: City Hall 1,055.39 1,055.39 May modular bldg rental:Fire 5tn 92 832.40 832.40 Mobile PC subscr: I. S. Dept. 12.00 12.00 99613 05119/2005 005887 MOFFATT & NICHOL ENGINEERS 2127.3/26/05 Svcs:F.V.Pkwy/l-15Intrchg 8.304.63 8,304.63 99614 05119/2005 000883 MONTELEONE EXCAVATING c. Medusa chnVaccess rd storm repairs 11.140.00 11,140.00 99615 05/19/2005 003135 MOORE WALLACE task force citations: Tern. Police 986.99 986.99 99616 05/19/2005 002925 NAPA AUTO PARTS mise parts for Paramedic vehicle 37.34 37.34 99617 05119/2005 000915 NATIONAL NOTARY 4 yrs membership dues: Shelley Mueller 127.00 127.00 99618 05119/2005 005608 NEUMAN, JASON reimb: Calif. Redevelopment Class reimb: interview panel 5/11/05 362.65 69.81 432.46 99619 05119/2005 008606 NEW IMAGE AUTO BODY MS 84 vehicle repair & maint svcs 800.00 800.00 99620 05/19/2005 002139 NORTH COUNTY TIMES Apr public notices:City ClerklPlnlPW Apr recruitment ads: TCSD/PlnlB&S 06/07/05-06 subscription: City Mgr 1.236.84 934.50 106.80 2.278.14 99621 05119/2005 003382 O'GRADY, JAMES B. reimb: City Hall master plan tour 8.57 8.57 99622 05119/2005 002292 OASIS VENDING City Hall coffeelkitchen supplies 323.21 323.21 99623 05119/2005 006721 OFFICEMAX. A BOISE COMPANY misc office supplies: Finance misc office supplies: Finance 155.87 16.17 172.04 99624 05/19/2005 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Main1 $vcs City Vehicle Repair/Maint Svcs 475.30 219.45 694.75 99625 05119/2005 001619 ORANGE COUNTY REGISTER INC Apr recruitment ads:TCSD May recruitment ads:PWfTCSD/B&S 560.80 451.00 1,011.80 99626 05119/2005 004538 PAULEY EQUIPMENT COMPANY equipment rental for var. parks 33.60 33.60 Page:9 apChklst 05/19/2005 11 :28:32AM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK OF CALIFORNIA (Continued) Vendor Description Amount Paid Check Total Check # Date 99627 05119/2005 003218 PELA Apr TCSD plan check svcs Apr plan ck svcs OT Gateway Ldscp Apr ldscp plan ck svcs for PW02-19 2,850.00 765.00 .600.00 3,015.00 99628 05119/2005 001958 PERS LONG TERM CARE PERS Long Term Care Payment 288.55 288.55 99629 05119/2005 000249 PETTY CASH Petty Cash Reimbursement 132.03 132.03 99630 05/19/2005 008748 PHONETICS remote monitoring equipment: 1.8. Dept. 1,120.21 1.120.21 99631 05119/2005 008830 PINA, ART Reimb:SYNCHRO/SimTraffic 514.5/05 124.61 124.61 99632 05119/2005 005362 PONTARELLI. ANTHONY A. Bluegrass Festival entertainment 3/18-19 500.00 500.00 99633 05119/2005 006084 POWER DISTRIBUTORS INC var sports parks electrical services 922.50 922.50 99634 05/19/2005 000254 PRESS ENTERPRISE COMPANY Apr recruitment ads: PlanningITCSD Apr ads for the FIT Prgm/Painted Parasol 2.624.19 1,445.40 4,069.59 99635 05/19/2005 008846 PRINGLE, GARY reimb:Calif OfficefTraffic Safety 588.45 588.45 99636 05119/2005 005075 PRUDENTIAL OVERALL SUPPLY uniformsfflr matJtowel rentals; City facs Credittowels/mop/mats not received 887.02 -15.50 871.52 99637 05119/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters Various Water Meters Various Water Meters 12.848.06 379.74 60.78 13.288.58 99638 05119/2005 004584 REGENCY LIGHTING CRC electrical supplies 990.09 990.09 99639 05119/2005 003591 RENES COMMERCIAL weed abatement: City R-G-W's weed abate/debris cleanup:Hwy 79/0.T. weed abatement: City lots 8,750.00 5,000.00 3,750.00 17,500.00 99640 05119/2005 002110 RENTAL SERVICE rental equipment for P\N Maint Div rental equipment for PW Maint Div 172.74 152.14 324.88 99641 05119/2005 004498 REPUBLIC ELECTRIC on-call traf sgnl maint: S. Meado'NS/Corbl 1,168.75 1,168.75 99642 05119/2005 001365 RIVERSIDE COUNTY OF renew permit: T.E.S. Pool renovation 309.00 309.00 99643 05119/2005 001365 RIVERSIDE COUNTY OF renew permit: T.E.S. Pool 259.00 259.00 Page:10 apChklst 05/19/2005 11:28:32AM Final Check list CITY OF TEMECULA Page: 11 Bank: union UNION BANK OF CALIFORNIA (Continued) Description Amount Paid Check Total Check # Date Vendor 99644 05/19/2005 002226 RUSSO. MARY ANNE TCSD Instructor Eamings 855.40 855.40 99645 05119/2005 008693 SALAZAR, DONALD (SWD 000053) Support Payment 283.50 283.50 99646 05/19/2005 008829 SAN BERNARDINO ASSOCIATED Trans Corridor Preserve Wkshp 6/2105 90.00 90.00 99647 05/19/2005 007233 SAN BERNARDINO, COUNTY OF motorcycle renta1:Basic Acad. 6/20-7/1 1,400.00 1,400.00 99648 05/19/2005 005227 SAN DIEGO COUNTY OF Support Payment Case # DF099118 25.00 25.00 99649 05/19/2005 003689 SAN DIEGO MAGAZINE Ads in S.D. Vacation Guide/SDCUB 7.500.00 7,500.00 99650 05/19/2005 000278 SAN DIEGO UNION TRIBUNE Apr recruitment ads:Planning/TCSD Dec ads for Holiday in Old Town 2.068.25 985.72 3,053.97 99651 05119/2005 006815 SAN DIEGO. COUNTY OF Support Payment Account # 581095025 12.50 12.50 99652 05/19/2005 003843 SCREEN DOCTOR, THE Res Imp Prgm: Morton, Donald 458.00 458.00 99653 05119/2005 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment File # 2005022657 103.47 103.47 99654 05119/2005 000645 SMART & FINAL INC 2005 K~e Day supplies 134.02 134.02 99655 05/19/2005 000537 SO CALIF EDISON May 2-01-202-7603 various mtrs Feb-May 2-02-351-4813 Harveston Dr Apr 2-00-397-5059 various mtrs Apr 2.05.791.8807 various mtrs May 2-06-105-0654 various mtrs May 2.25-393-4681 T.E.S. Pool Apr 2.24.151-6582 various mtrs Apr 2.24-628-8963 Btrtld Slage 17,569.82 9.612.65 6.704.52 4,218.93 2,122.93 543.74 218.52 24.64 41,015.75 99656 05/19/2005 000519 SOUTH COUNTY PEST CONTROL pest control svcs: Rancho Vista/Margo 84.00 84.00 99657 05119/2005 000293 STADIUM PIZZA refreshments:Fire Division recognition 96.65 96.65 99658 05119/2005 001546 STRAIGHT LINE GLASS INC Res Imp prgm: Johnson, Teddy 573.18 573.18 99659 05/19/2005 008804 SYMPRO INC Treasury software:Finance dept 21,550.00 21.550.00 Page:11 apChkLst Final Check List Page: 12 05/19/2005 11 :2B:32AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99660 05/19/2005 000305 TARGET BANK BUS CARD SRVCS misc office supplies for PW Depts 342.34 small equipment for Fire Stn 84 12B.16 470.50 99661 05/19/2005 006914 TEMECULA COPIERS INC. printerJcopylfax machines:Fin/SC/Cntrl 6,040.47 6,040.47 99662 05/19/2005 008827 TEMECULA RIDGE Refund: Picnic Shelter/Pala Comm Prk 55.00 55.00 - -- .---- ----- 99663 05/19/2005 006305 TEMECULA SISTER CITY ASSN Reimb: Sister Cities Dutch visitors 200.00 200.00 99664 05/19/2005 000307 TEMECULA TROPHY COMPANY ee recogn award: I.S. Dept. 17.99 17.99 99665 05/19/2005 000515 TEMECULA VALLEY CHAMBER State of the City Address: 6 TCSD Staff 180.00 180.00 99666 05119/2005 005994 TERRY'S VILLAGE recogn supplies: 4th of July Parade 51.35 51.35 99667 05/19/2005 005937 TOMCZAK, MARIA T. TCSD Instructor Earnings 28.00 28.00 99668 05/19/2005 003031 TRAFFIC CONTROL SERVICE INC misc. traffic control devices: PW Maint 152.20 misc. traffic control devices: PW Maint 34.48 186.68 99669 05/19/2005 006192 TRISTAFF GROUP Temp help w/e 05/01 Amezcua 405.60 405.60 99670 05/19/2005 004132 TRUCK HYDRAULIC EQUIPMENT emergency repairs to PW boom truck 907.90 emergency repairs to PW boom truck 85.00 992.90 99671 05119/2005 007118 US TELPACIFIC CORPORATION May Internet IP Addresses Block 545.93 545.93 99672 05/19/2005 000325 UNITED WAY United Way Charities Payment 240.65 240.65 99673 05119/2005 008778 UNIVERSITY OF TEXAS photographic scans for E.S.G. exhibition 60.00 60.00 99674 05119/2005 008838 UTTER, BECKY Refund:Summer Day Camp/Adam 195.00 Refund:Summer Day Camp/Jenna 195.00 390.00 99675 05119/2005 006257 VACUUM EXPRESS INC vacuum for Fire Stn 92 645.42 645.42 99676 05119/2005 006807 VANIR CONSTRUCTION Mar constr mgmt svcs: Roripaugh Fire Stn 15.579.84 15.579.84 99677 05119/2005 003665 V ARTEC SOLUTIONS INC Apr long distance phone svcs 6.13 6.13 Page:12 apChkLst 05/19/2005 11 :28:32AM Final Check List CITY OF TEMECULA Page: 13 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99678 05/19/2005 004261 VERIZON May xxx-S072 general usage Apr xxx-6620 general usage Apr xxx-1540 O.T. Parking lot May xxx.1941 PT A CD IT ACSD May xxx-3851 general usage May xxx-391 0 1st Street Irrigation May xxx-4896 M. Edwards 4,676.33 91.35 90.67 58.64 40.39 31.92 29.37 5.018.67 99679 05/19/2005 004848 VERIZON SELECT SERVICES INC May long distance phone svcs 1.498.70 1,498.70 99680 05/19/2005 001690 VORTEX DOORS garage door maint @ Fire Stn 84 garage door maint @ Fire Stn 84 466.30 221.30 687.60 99681 05119/2005 003730 WEST COAST ARBORISTS INC heavy rains emerg tree stump removal 472.50 472.50 99682 05119/2005 005706 WESTERN PACIFIC SIGNAL llC traffic signal equipment:Winchester Rd 19,256.25 19,256.25 99683 05/19/2005 000621 WESTERN RIVERSIDE COUNCIL April '05 TUMF fees payment 18,954.80 18.954.80 99684 05/19/2005 002109 WHITE CAP INDUSTRIES INC equip/supplies tor PWITCSD 4,789.36 4,789.36 99665 05119/2005 003776 ZOll MEDICAL CORPORATION Paramedic equipment 106.03 106.03 Grand total for UNION BANK OF CALIFORNIA: 1,209,366.30 Page:13 apChkLsI Final Check List Page: 1 OS/26/2005 1:18:47PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 507 OS/25/2005 004312 LENNAR COMMUNTIES Reimb DIF: CFD 03-1 Crowne Hill 1,390.345.00 1,390,345.00 508 OS/25/2005 005460 U S BANK Reimb DIF: CFD 03-1 Crowne Hill/drw #4 111.968.00 111.968.00 99686 OS/25/2005 002566 CALIF DEPT OF BOARD OF Application fee for Redha'Nk Annexation 3.000.00 3.000.00 99687 OS/25/2005 003310 RIVERSIDE LOCAL AGENCY Notice of protest fees: Redhawk Annex. 250.00 250.00 99688 OS/25/2005 003310 RIVERSIDE LOCAL AGENCY Application fee for Redhawk Annexation 1.200.00 1,200.00 99689 OS/26/2005 004064 ADELPHIA 5/22-6121 high speed internet svcs 46.95 5/27-6126 high speed internet svcs 40.95 87.90 99690 OS/26/2005 001916 ALBERT A WEBB ASSOCIATES Annual weed abatement program 13,000.00 13,000.00 99691 OS/26/2005 003859 ALL ABOUT SELF STORAGE C354 T. Museum Offsile Storage rental 380.00 360.00 99692 OS/26/2005 005322 ALTERNATIVES TO DOMESTIC FY 04/05 CDBG Reimbursement 5.766.05 5,766.05 99693 OS/26/2005 008595 AMERICAN INTL GROUP INC May 05 workers' camp premium 51.828.00 51,828.00 99694 OS/26/2005 000747 AMERICAN PLANNING Membership:Emery Papp 117057 410.00 7/05-6/06 Zoning Practices subser: PIn 65.00 475.00 99695 OS/26/2005 000936 AMERICAN RED CROSS Lifeguard training suppties:Aquatics 599.40 Lifeguard training supplies:Aquatics 80.00 679.40 99696 OS/26/2005 008279 AMERICOMP INFOSYSTEMS INC Computer Supplies:HP multibay 24x CD 301.70 301.70 99697 05126/2005 000101 APPLE ONE INC Temp help PPE 4/23 Kasparian 648.00 Temp help PPE 4/30 Kasparian 648.00 Temp help PPE 5/07 Kasparian 648.00 Temp help PPE 517 Gonzales 135.00 Temp help PPE 4/30 Barochiere 54.00 Temp help PPE 4/16 littlow 47.25 2,180.25 99698 05126/2005 001323 ARROWHEAD WATER INC Bottled wtr svcs @ C.Museum 91.17 91.17 99699 OS/26/2005 006300 ASSOCIATION OF AMERICAN Membership:J.DeGange 90003309 149.00 149.00 Page:l apChkLst OS/26/2005 1 :18:47PM Bank: union UNION BANK OF CAUFORNIA Check # Date Vendor 99700 05125/2005 004546 AUNT KIZZYZ BOYZ 99701 OS/26/2005 004967 B D R ADVERTISING Final Check List CITY OF TEMECULA (Continued) Description Perfonner:parasol musical festival Eco Devel: Temecula Coasters 99702 05126/2005 000475 B N I PUBLICATIONS INC Publications:'03 & '05 Greenbaok 99703 05126/2005 002713 BALLOONS GALORE T.Library ceremony balloon decorations 99704 05126/2005 003814 BALLREICH. MICHAELA Reimb.Refshmnts:Agenda Mgr Mfg 99705 05126/2005 002541 BECKER CONSTRUCTION SRVS install McCabe @ Amarita Handicap ramp 99706 OS/26/2005 004778 BERRYMAN & HENIGAR INC Apr temp B&S help: Grance 99707 OS/26/2005 008849 BRIGGS, LORRAINE Refund: OiVAcrylic Painting: TCC 99708 05126/2005 008613 CALIF BANK & TRUST Rei Retention Esrw 2160075819 Wolf Crk 99709 OS/26/2005 000837 CALIF DEPT OF FRANCHISE TAX Non-profit annual assessment fee 99710 05126/2005 004971 CANON FINANCIAL SERVICES. 99711 05126/2005 008742 CAPE MAY APARTMENTS LLC Jun Lease Pmt:FmVT.Museum/Stn83 Jun lease pmt for Stn 731CRC Jun lease pmt for Fire Stn 12 Refund:Permit fees ovrpmt:40168 Village Refund:Permit fees ovrpmt:40144 Village Refund:Permit fees ovrpmt:40128 Village Refund:Pennit fees ovrpmt:40196 Village Refund:Permit fees ovrpmt:40176 Village Refund:Pennit fees ovrpmt:40148 Village Refund:Permit fees ovrpmt:40188 Village Refund:Perrnit fees ovrpmt:40164 Village Refund:Permit fees ovrpmt:40172 Village Refund:Perrnit fees ovrpmt:40132 Village Refund:Permit fees ovrpmt:40136 Village Refund:Permit fees ovrpmt:40200 Village Refund:Permit fees ovrpmt:40184 Village Refund:Permit fees ovrpmt:40112 Village Refund:Permit fees ovrpmt:40116 Village Refund:Permit fees ovrpmt:40120 Village Refund:Permit fees ovrpmt:40124 Village Refund:Permit fees ovrpmt:40204 Village Page: 2 Amount Paid Check Total 1.500.00 1.500.00 4.953.81 4,953.81 218.37 218.37 193.95 193.95 109.52 109.52 6.315.00 6,315.00 11,175.00 11,175.00 84.00 84.00 73.774.00 73.774.00 50.00 50.00 347.97 328.63 69.96 746.56 1,200.00 1,200.00 1.200.00 1,200.00 1,200.00 1,200.00 600.00 600.00 600.00 600.00 600.00 600.00 300.00 300.00 300.00 300.00 300.00 202.00 12.502.00 Page:2 apChkLst Final Check List Page: 3 OS/26/2005 1:18:47PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99712 OS/26/2005 000S18 CARE ANIMAL HOSPITAL Police K-9 Medical sves 495.88 495.88 99713 05126/2005 002534 CATERERS CAFE Refrshmnts:ParamedicslCity Mtg 114.91 Refreshments:Safety Committee Mtg 34.52 149.43 99714 OS/26/2005 00S417 CINTAS FIRST AID & SAFETY First aid supplies: City Hall 114.46 First aid supplies: CRC 110.26 First aid supplies: City Hall 42.16 266.88 99715 OS/26/2005 005708 CLEAR CHANNEL Advertising Painted Parasols Festival 831.25 831.25 -- ---- - 99716 05126/2005 001193 COMP USA INC Computer supplies:Floppy disk/SOpk CD 116.77 Computer Supplies:Logi headset 32.55 149.32 99717 05126/2005 000442 COMPUTER ALERT SYSTEMS RepairWedding Chapel door alarm 95.00 95.00 99718 OS/26/2005 006303 CONDUIT NE1WORKS. INC Exchg '03 conversion consulting svcs 3.000.00 3,000.00 99719 OS/26/2005 002945 CONSOLIDATED ELECTRICAL Duck pond fountain repair parts 269.38 269.38 99720 OS/26/2005 001923 CONVERSE CONSULTANTS Feb.Mar Material Testing:Jefferson Ave 632.50 632.50 99721 05126/2005 003739 COTTON BRIDGES ASSOCIATES Apr General plan update svcs 8,213.73 8,213.73 99722 OS/26/2005 003986 COZAD & FOX INC 4/10.S/1 Prof Svcs:Comm Theater 560.00 560.00 99723 OS/26/2005 003945 DIAMOND ENVIRONMENTAL Portable restrooms:Westem Days 328.66 328.66 99724 OS/26/2005 002701 DIVERSIFIED RISK Apr special events premiums 300.62 300.62 99725 OS/26/2005 003317 DOMENOE. CHERYL Reimb:Refreshments for youth gov't prgm 66.04 66.04 99726 05126/2005 008230 DOUGLAS E BARNHART I NC Mar-Apr Prgss:Wolf Crk Sports Complex 663,970.00 663,970.00 99727 05126/2005 004192 DOWNS COMMERCIAL FUELING City vehicles fuel: TCSD 949.22 City vehicles fuel: PW Mnte 888.65 1.837.87 99728 05126/2005 004985 DREAM PAINTING INC Res impr prgm: Shields, WiIlliam 2,550.00 2,550.00 99729 05126/2005 001669 DUNN EDWARDS CORPORATION Supplies for graffiti removal 43.97 Supplies for graffiti removal 10.78 54.75 Page3 apChkLst Final Check List Page: 4 OS/2612005 1 :18:47PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99730 05126/2005 002528 EAGLE GRAPHIC CREATIONS New employees glass mugs 100.21 100.21 99731 OS/26/2005 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Dr Ldscp 248.42 248.42 99732 05126/2005 008861 ELCOME, TONJA Refund: Scuba Diving: CRG 275.00 275.00 99733 OS/26/2005 002438 ENGEN CORPORATION Mar material testing:Winchester Rd 1.596.25 1,596.25 99734 OS/26/2005 008847 EU SANDWICH AND DELI Reimb:Fac impr prgm:Permit fee 135.00 135.00 99735 OS/26/2005 006487 EUROPEAN CAFE & VINEYARD Refreshments: T.Library ceremony 1,621.10 1,621.10 99736 05126/2005 000478 FAST SIGNS T. Museum exhibit supplies 104.41 104.41 99737 05126/2005 005280 FEDERAL SIGNAL Paramedic vehicle parts: Mini-jet 533.40 - . -- - - --... Paramedic vehicle parts:Speaker 89.74 623.14 99738 OS/26/2005 008834 FIRE PROTECTION Publications:Fire Fighting Package 894.33 894.33 -..-..- .-... . 99739 05126/2005 000166 FIRST AMERICAN TITLE Lot Book Reprt: Juarez 75.00 75.00 99740 OS/26/2005 005097 FI RTH, ALISON Refund: Parent N Me Swim Lessons 15.00 15.00 99741 OS/26/2005 004239 FISHER SEHGAL YANEZ INC Apr design svcs:comm theater 10,601.75 10,601.75 99742 OS/26/2005 008848 FULLER, CHRISTY Refund: Mother/Son Date Night 20.00 20.00 99743 OS/26/2005 001937 GALLS INC 10 clip-on Cell Phone Holsters for PW 198.06 198.06 99744 05126/2005 000177 GLENNIES OFFICE PRODUCTS Office Suppliesfflags:TGSD/PW 2.857.89 Office Supplies:GRC/Skate PrklSprts 616.74 3,474.63 99745 OS/26/2005 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prevention 47.79 47.79 99746 OS/26/2005 002372 HARMON, JUDY TCSD instructor earnings 64.75 64.75 99747 05126/2005 007657 HOBBY SHACK Kite Day supplies: TCSD 193.41 193.41 Page:4 apChkLst OS/26/2005 1:18:47PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 99748 OS/26/2005 008851 HULSE, JULIE 99749 OS/26/2005 007981 I D EDGE INC 99750 OS/26/2005 005874 I E BIKES 99751 OS/26/2005 001407 INTER VALLEY POOL SUPPLY 99752 OS/26/2005 001186 IRWIN. JOHN 99753 OS/26/2005 008853 ISENSEE, BARBARA 99754 OS/26/2005 008850 JOHNSON, CYNTHIA 99755 OS/26/2005 003046 K FRO G 95.1 FM RADIO 99756 OS/26/2005 002424 KELLEY DISPLAY INC 99757 OS/26/2005 000548 KIPLINGER LETTER. THE 99758 OS/26/2005 001282 KNORR SYSTEMS INC 99759 OS/26/2005 008852 KO, JAI.JOON 99760 OS/26/2005 004051 LOR GEOTECHNICAL GROUP 99761 OS/26/2005 001719 L P A INC 99762 05126/2005 007236 LEE. RUTHIE 99763 OS/26/2005 008383 L1M & NASCIMENTO Final Check List CITY OF TEMECULA (Continued) Description Refund: Parent N Me Swim Lessons Aquatics 10 Mini-mag scanner/supplies 2-MX 20. Bicycles/2-Helmets:PoJice Pool sanitizing chemicals Pool sanitizing chemicals TCSD instructor earnings Refund: Practical Yoga:B.lsensee Refund: Practical Yoga:C.Rosingana Refund: Parent N Me Swim Lessons Western Days broadcasting svcs Western Days website sales Eco Oevel American Flag Banners RedlWhite/Blue banners: RDA 1 yr Subscription:M.Naggar Tes Pool Equip:Flow Kit/Rinse Sys/Shelf Tes Pool Equip:Spare Basket Refund: Miss Sue's Jazz/Hip Hop Combo Apr Material Testing: Pechanga Pkwy Apr Prof Svcs:Temecula Library Refund: CPR/First Aid Combo: MPSC Mar Engineering:Margarita Undercrossing Page: 5 Amount Paid Check Total 30.00 30.00 391.23 391.23 340.49 340.49 269.38 249.17 518.55 121.80 121.80 45.00 45.00 90.00 30.00 30.00 874.00 126.00 1,000.00 382.46 193.99 576.45 84.00 84.00 1,389.98 70.04 1.460.02 85.50 85.50 1,067.50 1.067.50 5,600.02 5,600.02 55.00 55.00 21.095.18 21.095.18 PageS apChklst OS/26/2005 1:18:47PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99764 05126/2005 006897 LORY, SUSAN. J. TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 425.60 418.95 418.95 372.40 353.68 349.13 299.25 292.60 239.40 26.60 13.30 3.209.86 99765 05/26/2005 004087 LOWES INC Hardware supplies; Fire Stn 92 126.35 126.35 99766 05126/2005 004041 LUBEMASTER CONSTRUCTION PW supplies: Premalube cart 354.24 354.24 99767 05/26/2005 008854 MADRIAGA. VANESSA Refund: Kinder Tumblers/Early Tumblers 212.00 212.00 99768 05/26/2005 008756 MADRIGAL, ANTONIO Swing/Rumba Flamenco Bands:Hrvstn Pk 737.00 737.00 99769 OS/26/2005 003782 MAIN STREET SIGNS misc signs for sign installations: PW 3,493.79 3,493.79 99770 05/26/2005 004141 MAINTEX INC custodial supplies: MPSC custodial supplies: TCC custodial supplies: MPSC 278.08 249.66 74.19 601.93 99771 05126/2005 004068 MANALlLI. AILEEN TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 306.25 224.00 210.00 175.00 159.25 84.00 77.00 14.00 14.00 5.25 1,268.75 99772 05/26/2005 001967 MANPOWER TEMPORARY Temp help w/e 04/24 JD/JGlJH/DH Temp help wle 05115 JD/JGlJH/DH Temp help wle 05101 JDIJGlDH Temp help wle 05108 JDIJGlDH 4,115.16 3,644.06 2.419.20 2,192.72 12,371.14 99773 0512612005 002693 MA TROS. ANDREA TCSD Instructor Earnings 140.00 140.00 PageS apChkLst OS/26/2005 1:18:47PM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99774 OS/26/2005 008855 MCCLUNEY. AUBREY Refund: Kidz Love Soccer-Tot Soccer 55.00 55.00 99775 OS/26/2005 001905 MEYERS, DAVID WILLIAM TCSD Instructor Earnings TCSD Instructor Earnings 761.25 393.75 1,155.00 99776 05126/2005 004208 MILANOS refreshments: budget wrkshp 5118 277.50 277.50 99777 OS/26/2005 007669 MILES, KATRINA TCSD Instructor Earnings TCSD Instructor Eamings 280.00 218.75 498.75 99778 05126/2005 001384 MINUTEMAN PRESS stationary & envelopes for RDA qty 2000 stationery for Econ Dev business cards: G. Zigler Business Cards: B. Pendleton 253.36 170.63 43.37 43.37 510.73 99779 05126/2005 004534 MOBILE SATELLITE VENTURES Jun EOC Stn Satellite Phone Svcs 71.25 71.25 99780 05126/2005 000883 MONTELEONE EXCAVATING Service Level "R" Grading After Rains 1.620.00 1.620.00 99781 OS/26/2005 000437 MORELAND & ASSOCIATES Registlntermediate Acctg:617:Weston 135.00 135.00 99782 05126/2005 001214 MORNINGSTAR PRODUCTIONS, sound equip rental: Every 15 Min Prgm 4,025.00 4,025.00 99783 OS/26/2005 008454 MURRIETA VALLEY RV SRve INC parts/upgrade restroom facility:Fire 168.35 168.35 99784 OS/26/2005 008738 MUSIC UNLIMITED performer: Cinco de Mayo celebration 500.00 500.00 99785 05126/2005 008820 NEIGHBORS NEWSPAPER Apr ad for Antique Street Faire 9/24/05 May ad for Antique Street Faire 9/24/05 95.00 95.00 190.00 99786 OS/26/2005 002898 NIXON EGlI EQUIPMENT mainVmisc parts for PW asphalt truck 641.80 641.80 99787 OS/26/2005 003964 OFFICE DEPOT BUSINESS SVS misc office supplies: Police 116.36 116.36 99788 05126/2005 006721 OFFICEMAX - A BOISE COMPANY misc office supplies: Finance misc office supplies: Finance Office Supplies for Code Enforcement 167.36 71.92 25.99 265.27 99789 05126/2005 004473 OLD TOWN TEMECULA Gunfighter show: Western Days 5/14-15 1,100.00 1,100.00 Page:7 apChkLsI OS/26/2005 1:18:47PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99790 OS/26/2005 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs 657.67 422.75 369.03 256.97 223.36 75.77 57.31 31.34 2.094.20 99791 05126/2005 008860 OLHASSO, MARY JANE Reimb: Planner's Institute 4113/05 70.70 70.70 99792 05126/2005 006723 OZBUN, CYNDI Refund:Levell S'Nim Lessons 30.00 30.00 99793 05126/2005 000733 PARTY PZAZZ linen rental for budget wrkshp 5/18/05 48.95 48.95 99794 05126/2005 000249 PETTY CASH Petty Cash Reimbursement 368.54 368.54 99795 05/26/2005 001999 PITNEY BOWES 6/16-9115 postage deposit: Fire Stn 84 83.24 83.24 99796 OS/26/2005 000253 POSTMASTER Express Mail & Postal Svcs credit not City charges 58.90 -13.65 45.25 99797 OS/26/2005 004627 PUBLIC SAFETY TECHNOLOGIES Police motorcycle repair/maint svcs 383.18 383.18 99798 OS/26/2005 004529 QUAID TEMECULA HARLEY- Police motorcycle repair & maint 1,920.58 1,920.58 99799 05126/2005 004029 R J M DESIGN GROUP INC Mar Dsgn Svcs: W.C. Sprts Cmplx 8,629.30 8,629.30 99800 OS/26/2005 000728 RAMSEY BACKFLOW & var park sites backflow testing/repairs var stapes backflow testing/repairs var stapes backflow testing/repairs var slopes backflow testing/repairs var park sites backflow testing/repairs 1,305.00 1,007.00 273.00 238.00 129.00 2,952.00 99801 05126/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters May 01.04.47210-0 T.E.S. Pool May 01-23-01075-1 Crowne Hill May 01-02.98010-0 Fire Stn 84 May 01-04-10033-2 Margarita Rd Apr 01.06.68000.4 Community Theater May 01-02-98000-0 Fire Stn 84 16,078.97 879.28 409.74 296.89 46.97 37.71 11.54 17.761.10 99802 OS/26/2005 003761 RANCHO METALS & SUPPLY var. park sites metal supplies 96.98 96.98 PageS apChkLst OS/26/2005 1 :18:47PM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK OF CALIFORNIA (Continued) Vendor Description Amount Paid Check Total Check # Date 99803 OS/25/2005 000947 RANCHO REPROGRAPHICS dupl blueprints; Bldg & Safety Dept 23.36 23.36 99804 05126/2005 008859 RECTOR, OFELIA Refund: Basketball Skills 16.67 16.67 99805 OS/26/2005 002110 RENTAL SERVICE Rental Equipment For Pw Maint Div 239.00 239.00 99806 OS/26/2005 004498 REPUBLIC ELECTRIC Apr on-call traffic sgnl mntc svcs 6,243.45 6,243.45 99807 OS/26/2005 005807 RESOURCE STRATEGIES INC add l' Pixel '05 Digital Aerial Imagery 6.249.50 6,249.50 99808 OS/26/2005 002412 RICHARDS WATSON & GERSHON Mar 2005 legal services 123.313.77 123,313.77 99809 OS/26/2005 006483 RICHARDS, TYREASHA 1. TCSD Instructor Earnings TCSD Instructor Earnings 420.00 269.50 689.50 99810 OS/26/2005 000353 RIVERSIDE CO AUDITOR Apr '05 parking citation assessments 3.151.50 3,151.50 99811 05/26/2005 000955 RIVERSIDE CO SHERIFF SW STN Taste of the World patrol svcs: 4/24/05 851.86 851.86 99812 OS/26/2005 000406 RIVERSIDE CO SHERIFFS DEPT FY 04105 Records Mgmt Sys Usage 125,018.00 125,018.00 99813 OS/26/2005 000357 RIVERSIDE CO co.op agnnnVtraf sgnl: WnchstrlWillows 72,492.66 72,492.66 99814 OS/26/2005 001365 RIVERSIDE COUNTY OF Jan-Mar '05 vector control svcs 1.073.39 1.073.39 99815 OS/26/2005 001942 S C SIGNS MaterialslConstr Of New Signs For Publ N 3,650.00 3,650.00 99816 OS/26/2005 005018 SACHER. SUZANNE L. TCSD Instructor Earnings 89.60 89.60 99817 OS/26/2005 004609 SHRED FORCE INC Apr document shred svcs: Rcrds Mgmt Apr document shred svcs: Police 110.00 24.00 134.00 99818 05126/2005 003002 SMOOTHILL SPORTS rental equipment for Skate Park 1.075.13 1.075.13 99819 05126/2005 002718 SO CALIF CITY CLERKS ASSN general mtg: S. Jones 6/17/05 30.00 30.00 PageS apChklst OS/2612005 1:18:47PM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99820 05126/2005 000537 SO CALIF EDISON Apr 2-19-999-9442 various mtrs May 2-23-365-5992 Fire SIn 92 May 2-21-981-4720 Hwy 795 Apr 2-26-887-0789 various mtrs 1.167.53 233.33 101.23 75.11 1.577.20 99821 OS/26/2005 000519 SOUTH COUNTY PEST CONTROL pest control svcs: Fire Sin 92 42.00 42.00 99822 05126/2005 005724 SOUTHWEST FAMILY YMCA COBG reimb: swim lessons/day camp 7,322.25 7.322.25 99823 05126/2005 005786 SPRINT 4115.5/14105 Acel Level Chrgs 38.91 38.91 99824 OS/26/2005 003840 STRONGS PAINTING bal:reseal brdwlklbenchesJbarrels: O.T. 10.000.00 10.000.00 99825 05/26/2005 000305 TARGET BANK BUS CARD SAVeS MPSC Recreation Supplies 41.22 41.22 99826 OS/26/2005 006465 TEMECULA AUTO REPAIR repair/maint to Paramedics vehicles Repair/Maint To Paramedics Vehicles additional sales tax due on inv# 4490 1,441.78 15.00 3.63 1,460.41 99827 OS/26/2005 004274 TEMECULA VALLEY SECURITY locksmith svcs: City Hall 84.69 84.69 99828 05126/2005 000919 TEMECULA VALLEY UNIFIED Mar-Apr City vehicles fuel usage 1,688.69 1,688.69 99829 05/26/2005 007433 TOVEY SHUL T2 CONSTRUCTION Prgs Pmt #14: Community Theater 02.23 prgs pmt #1: Rorjpaugh Fire 5tn PW0301 356,615.77 190,868.67 547,484.44 99830 OS/26/2005 000459 TUMBLE JUNGLE FITNESS GYM TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 464.80 371.00 296.80 168.00 148,40 112.00 112.00 58.10 1.731.10 99831 05126/2005 004895 TUMBLES, J.w. TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 308.00 77.00 66.50 451.50 99832 05126/2005 004981 UNISOURCE SCREENING & 5/1-15105 bckgmd screening svcs 219.50 219.50 99833 05126/2005 005805 URISA annual membership dues: K. Beal annual membership dues: J. DeGange 75.00 75.00 150.00 Page:10 apChkLst OS/26/2005 1 :18:47PM Final Check List CITY OF TEMECULA Page: 11 Bank: union UNION BANK OF CALIFORNIA (Continued) Description Amount Paid Check Total Check # Date Vendor 99834 OS/26/2005 004261 VERIZON May xxx-3984 Naggar May xxx-0074 general usage May xxx-0073 general usage May xxx-6084 general usage 1473 xxx-1473 P.O. Storefront May xxx-3564 alann May xxx-8573 general usage May xxx-5275 Tem. P.O. DSL May xxx-5473 T.E.S. Pool 318.71 254.50 239.47 102.02 n.81 56.83 30.88 29.37 28.41 1,138.00 99835 OS/26/2005 001890 VORTEX DOORS repairs to Sin 84's garage doors 690.00 690.00 99836 05126/2005 008858 WALKER, ROBIN Refund: Basketball Skills 45.00 45.00 99837 05126/2005 008316 WESTSIDE SELF STORAGE Jun offsite records storage: Rcrds Mgml 1.000.00 1,000.00 99838 05126/2005 008857 WRIGHT. JEFF Refund: permit issued in error 246.50 246.50 99839 05126/2005 003434 Z E P MANUFACTURING misc. supplies for PVV Maint Div 384.54 384.54 Grand total for UNION BANK OF CALIFORNIA: 3,418,395.41 Page:11 apChkLst Final Check List Page: 1 06/0212005 4:27:49PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 509 06/0212005 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 7,723.29 Child Care Reimbursement Payment 0.00 7,723.29 510 06/0212005 000389 use M WEST (OBRA), OBRA ~ Project Retirement Payment 2,787.18 2,787.18 .- - ._~------------ 511 06/0212005 000246 PERS (EMPLOYEES' PEAS ER Paid Member Contr Payment 96.021.20 96,021.20 512 06/0212005 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 19,988.98 19,988.98 513 06/0212005 000283 INSTATAX (IRS) Federal Income Taxes Payment 68,444.56 68.444.56 514 06/0212005 000444 INSTATAX (EDD) State Disability Ins Payment 17,593.04 17,593.04 515 06/0212005 000245 PERS. HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 59,696.78 Blue Shield HMO Payment 0.00 59,696.78 99840 06/0212005 008239 4 PAWS TRAINING TCSD instructor earnings 980.00 980.00 99841 06/0212005 002786 4N6XPRT SYSTEMS '05 Expert AutoStats Update database 204.93 204.93 99842 06/0212005 003552 AFLAC AFLAC Cancer Payment 1.883.80 1,883.80 99843 06/0212005 005058 ADAMS, AARON Reimb:Disaster Resist Conf:S/16-1lI0S 43.17 43.17 99844 06/0212005 005068 ADKISSON. CANDICE Reimb: Supplies for Mother's day event 67.88 67.88 99845 06/0212005 008867 ALBERS. TONY Refund: Cite 49877 reduced by officer 50.00 50.00 99846 06/0212005 000101 APPLE ONE INC Temp help PPE 5114 GKlDL 810.00 Temp help PPE 5/14 Gonzales 378.00 Temp help PPE 3/26 Plascencia 175.50 Temp help PPE 5/14 Barochiere 108.00 1,471.50 99847 06/0212005 008868 BANK OF SACRAMENTO Rei retention:Jefferson Rehab:RJ Noble 35,589.76 35,589.76 99848 06/0212005 002381 BEAUDOIN. LINDA Retirement Medical Payment 598.10 598.10 99849 06/0212005 004778 BERRYMAN & HENIGAR INC Jan-Apr Design:R.Calif.Rd Widening 816.19 816.19 Page:1 apChkLst 06/0212005 4:27:49PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 99850 06/0212005 007470 BURNETT, BRIAN M 99851 06/0212005 001267 CALIF DEPT OF MOTOR 99852 06/0212005 002534 CATERERS CAFE 99853 06/0212005 004210 CIRCUIT CITY Final Check List CITY OF TEMECULA (Continued) Description Bluegrass festival performer Police dept 10 VC Books Rfrshmnt:San Bernardino Museum tour Computer supplies:memory stick/cameras 99854 06/0212005 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 99855 06/0212005 003272 DAISY WHEEL RIBBON 99856 06/0212005 003945 DIAMOND ENVIRONMENTAL 99857 06/0212005 008403 EAGLE ONE PRODUCTS 99858 06/0212005 002438 ENGEN CORPORATION 99859 06/0212005 006487 EUROPEAN CAFE & VINEYARD 99860 06/0212005 000165 FEDERAL EXPRESS INC 99861 06/0212005 008869 FRALER, TOM 99862 06/0212005 002982 FRANCHISE TAX BOARD 99863 06/0212005 004178 FREEDOM SIGNS 99864 06/0212005 008361 GRAPE STOMPERS sa DANCE 99865 06/0212005 004188 HARRIS & ASSOCIATES 99866 06/0212005 001135 HEAL THPOINTE MEDICAL 99867 06/0212005 004811 HEWLETT PACKARD Plotter Paper & Ink supplies:GIS Portable restroom: Lg Cnyn Prk Portable restroom: Riverton Prk Portable restroom: Veterans Prk 3-C.Museum recycled plastic tables ApT material testing:Winchester Rd RefrshmntCouncil closed sessIon Express mail services Reimb: Plant for Marge Gregory Support Payment Case # 452379267 Fac impr prgm: Olive View Vineyard TCSD instructor earnings Mar Consultant Facilities Acquisition First Aid Care for City Employee Pre-Employment Physicals HP Color LaserJet printer: Info System Page: 2 Amount Paid Check Total 500.00 500.00 67.00 67.00 87.11 87.11 1.142.11 1,142.11 147.00 147.00 171.17 171.17 58.04 58.04 58.04 174.12 2,492.53 2,492.53 945.00 945.00 243,41 243,41 145.32 145.32 48.38 48.38 75.00 75.00 2,475.00 2,475.00 172.20 172.20 415.00 415.00 184.89 45.00 229.89 4,839.05 4,839.05 Page2 apChkLst Final Check list Page: 3 0610212005 4:27:49PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99868 06/0212005 002107 HIGHMARK INC Voluntary Supp Ufe Insurance Payment 630.70 630.70 99869 06/0212005 007792 HINTON. BEVERLY L. TCSD instructor earnings 166.60 166.60 99870 0610212005 004217 HYDRO TEK COMPANY PW Pressure washer parts 390.39 390.39 99871 06/0212005 000193 ICMA Membership: Shawn Nelson 265746 1,371.00 1,371.00 99872 06/0212005 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 9,123.15 9,123.15 99873 06/0212005 004833 IMPERIAL PAVING COMPANY INC Heavy rains repairs:Various Locations 20.000.00 Heavy rains repairs:Various Locations 12,979.00 32,979.00 99874 06/02/2005 002166 INGRAM ELECTRIC Install circuits/clock/relays: Old Town 3,750.00 3.750.00 99875 06/0212005 006967 INLAND GOLD AQUATICS Refund: TCC Security Deposit 100.00 100.00 99876 06/0212005 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals 323.25 323.25 99877 06/0212005 006381 JESUCRISTO. IGLESIA BAUTISTA Refund:TCC 5122 & 6/26 rental fees 331.00 331.00 99878 06/0212005 001282 KNQRR SYSTEMS INC TES pool equip:filter/pumplfeed 3.302.54 Pool supplies:sheeVedge/corner tiles 277.65 ~ool supplies:skid resistant/markers 214.84 Pool supplies: Ceramic tiles 43.25 3,838.28 99879 06/0212005 000945 L P S COMPUTER SERVICE Printer repair.R&R LJ 3380 fuser 282.90 282.90 99880 06/0212005 002519 LAB SAFETY SUPPLY INC Safety Supplies for PW Mntc 905.55 905.55 99881 06/0212005 004412 LEANDER. KERRY D. TCSD instructor earnings 189.00 TCSD instructor earnings 189.00 TCSD instructor earnings 185.50 563.50 99882 06/0212005 003726 LIFE ASSIST INC Supplies for Paramedic squad 103.09 103.09 99883 06/0212005 003782 MAIN STREET SIGNS Street Signs for replacementlmaintPW 1,492.34 1,492.34 99884 06/0212005 004141 MAINTEX INC custodial supplies: Old Town 481.19 481.19 Page3 apChkLsI 06102/2005 4:27:49PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99885 06/02/2005 008863 MATA. JULIE ANN Refund: Sec. Deposit Tee 150.00 150.00 99886 06/02/2005 005806 MATTHEWS. CATHERINE J. Feb-May '05 Street Addressing: B&S Dept. 451.00 451.00 99887 06102/2005 008864 MEJIA. CARILU Refund: Mother/Son Date Night 20.00 20.00 99888 06/0212005 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 8.309.40 8,309.40 99889 06/02/2005 004951 MIKE'S PRECISION WELDING welding services for various parks 85.00 85.00 99890 06/02/2005 008091 MILLMORE'S WAX CREW vehicle detailing svcs: Land Dav 100.00 100.00 99891 06/02/2005 007096 MUSICIANS WORKSHOP Add'l '05 Jazz Festival Sponsorship 10,000.00 10.000.00 99892 06/02/2005 002139 NORTH COUNTY TIMES annual subscr: Finance 120994 61.00 61.00 99893 06/0212005 002100 OBJECT RADIANCE lNC TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 362.25 236.25 189.00 787.50 99894 06/0212005 001958 PERS LONG TERM CARE PERS Long Term Care Payment 288.55 288.55 9989S 06/0212005 00S820 PRE-PAID LEGAL SERVICES INC PrePaid Legal Services Payment 359.75 359.75 99896 06/02l200S 000262 RANCHO CAUFWATER DISTRICT Various Water Meters May 01-08-38009-0 Fire Stn 92 1,276.04 71.75 1,347.79 99897 06/02/2005 000418 RIVERSIDE CO CLERK & NtclExemptConsistency Rezoning Ordin. 64.00 64.00 99898 06/02/2005 000418 RIVERSIDE CO CLERK & ntc/exemptauto dealership w/e events 64.00 64.00 99899 06/02/2005 000267 RIVERSIDE CO FIRE Jan-Mar 200S:fire services 889.957.45 889,957.45 99900 06102/2005 000357 RIVERSIDE CO FY 04l0S 2nd Qtr traffic sgnl maint svcs FY 04105 2nd Qtr traffic 5gnl maint 5VCS 1.104.00 705.00 1,809.00 99901 06/02/2005 007830 ROAD BUILDERS INC prgs pm. .10Wol! Vly Crk Chnl 99.11CH 32,170.50 32,170.50 99902 06/02l200S 000873 ROBERTS, RONALD H. Reimb:Steering Committee Mtg 5/19-21 39.47 39.47 Page:4 apChkLst Final Check List Page: 5 0610212005 4:27:49PM CITY DF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99903 06/02/2005 008866 RYAN. PATRICK computer purchase prgm 1,491.53 1.491.53 99904 06/02/2005 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 978.93 SafeGuard Vision Plan Payment 0.00 978.93 99905 06/02/2005 008693 SALAZAR. DONALD (SWD 000053) Support Payment 283.50 283.50 99906 06/0212005 005227 SAN DIEGO COUNTY OF Support Payment Case # DF099118 25.00 25.00 99907 06/02/2005 006815 SAN DIEGO. COUNTY OF Support Payment Account # 581095025 12.50 12.50 99908 06/02/2005 008779 SCREENMOBILE Res Imp Prgm: Campbell, Tom and Nell 580.52 580.52 99909 06/02/2005 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment File # 2005022657 103.47 103.47 99910 06/02/2005 007342 SHUTE, MIHALY & WEINBERGER April '05 legal selVices pmt 616.69 616.69 99911 06/02/2005 000537 SO CALIF EDISON May 2.00-397-5042 City Hall 5,652.73 May 2-02-502-8077 Maint Fac 1,489.72 May 2.02.351-4946 MPSC 990.21 May 2-18-937-3152 T. Museum 810.74 May 2-00-397-5067 various mtrs 788.94 May 2-22-891-0550 various mtrs 302.11 May 2-22-575-0876 Old Town Front St 248.43 May 2-20-817-9929 p.o. Old Town Sin 248.25 May 2-11.007.0455 6th St. 237.94 May 2-21-911-7892 O.T. So. Side Prk 98.22 May 2-19-171.8568 Wedding Chpl 44.62 May 2-18-528-9980 Santiago Rd. 39.27 May 2-14-204-1615 Front St Rdio 20.65 10.971.83 99912 06/02/2005 001212 SO CALIF GAS COMPANY May City Facilities gas meters 263.61 May 095-167-7907-2 Fire Stn 84 167.23 430.84 99913 06/02/2005 008865 SROKA,REANNETTE Reimb: overpaymenVRes. ImplV. Prgm. 589.20 589.20 99914 06/02/2005 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 2,546.25 2.546.25 99915 06/02/2005 001547 TEAMSTERS LOCAL 911 Union Dues Payment 3.742.00 3.742.00 99916 06/0212005 000325 UNITED WAY United Way Charities Payment 240.65 240.65 PageS apChkLst 06/0212005 4:27:49PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99917 06/0212005 004819 UNUM LIFE INS. CO. OF AMERICA LongTenn Disability Payment 7,104.44 7,104.44 99918 06/02/2005 004147 VAUGHN IRRIGATION SERVICES Duck Pond pump repairs 1,360.81 1,360.81 99919 06/02/2005 004261 VERIZON May xxx-2016 Reverse 911 May xxx.3526 fire alarm May xxx-2676 general usage 109.61 85.24 28.41 223.26 99920 06/0212005 004789 VERIZON ONLINE Internet svcs: xx0544 Internet svcs: P.O. Old Town Stn 72.94 42.94 115.88 99921 06/0212005 001342 WAXIE SANITARY SUPPLY INC motor/fan assembly for wet/dry vac:C.H. motor & fan assembly: TCSD credit: freighVduplicate credit: freight chrgsi68882993 credit: price adjustment/68882993 credit: duplicate billing/68890881 915.38 912.38 -27.00 -30.00 .134.36 .885.38 751.02 99922 06/0212005 001544 YEAGER SKANSKA INC prgs pml #13: Wolf Vly Crk Chn199-11SD credit: add'l inspection/geotechnical svcs 124.292.07 .3,945.00 120,347.07 Grand tolal for UNION BANK OF CALIFORNIA: 1.483,741.39 PagejJ ITEM 4 APPROVAL CITY ATTORNEY DIRECTOR OF F~~ CITY MANAGER V- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: June 14,2005 SUBJECT: City Treasurer's Report as of April 30, 2005 PREPARED BY: Karin Grance, Revenue Manager- Shannon Domenigoni, Accountan~ That the City Council receive and file the City Treasurer's Report as of RECOMMENDATION: April 30, 2005. DISCUSSION: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of April 30, 2005. FISCAL IMPACT: None Attachments: City Treasurer's Report as of April 30, 2005 City of Temecala City Treasurer's Report As of April 30, 2005 Cash Activity for the Month of April: Cash and Investments as of April 1, 2005 $ 125,572,899 Cash Receipts 5,733,574 Cash Disbursements (4,587,337) Cash and Investments as of April 30, 2005 $ 126,719,136 CashmdIm~ffi~Portfo~: Maturity/ Purchase Termination Market ParlBook Type of Investment Institution yield D.", D.", Volu, Balance @ 04130/05 General Checking Union Bank nl. 437,635 (1) Flex Benefrt Demand Deposits Union Bank nI. 7,053 (I) Checking Account - Parking Citations Union Bank nl. 10,998 Local Agency Investment Fund State Treasurer-LAll" 2.724 % 57,446,472 (2) Certificate of Deposit - Retention Escrow Conununity National Bank nl. 43,577 Certificate of Deposit - Retention Escrow California Bank & Trust nI. 90,246 Petty Cash city Hall nI. $ 1,500 Federal Agency- Callable Federal Home Loan Bank 1.885% 6/26/2003 1/23/2006 988,440 987,500 Federal Agency- Callable Federal Home Loan Bank 2.500 % 7/1612003 8/14/2006 1,968,760 1,915,620 Federal Agency- Callable Federal Home Loan Bank - BDS 3.000 % 4n12004 Ifl/2008 2,857519 2,852,894 Federal Agency- Callable Federal Home Loan Bank - BDS 3.000 % 4/22/2004 1/22/2008 1.948,760 1,951,260 Federal Agency- Callable Federal Home Loan Bank 3.000 % 3/2912004 12/2812007 3,901,240 3,907 ,520 Federal Agency- Callable Federal Home Loan Bank - BDS 3.070 % 4/1512004 1/15/2008 1,953,120 1,956,880 Federal Agency- Callable Federal Home Loan Bank. BDS 3.100% 4/8/2004 1/812008 2,980,430 2,988,054 Federal Agency- Callable Federal Home Loan Bank - BDS 3.125 % 4/1612004 1/16/2008 977,810 980,000 Federal Agency- Callable Federal Home Loan Bank - BDS 3.150 % 4/14/2004 1/14/2008 978,440 980,940 Federal Agency- Callable Federal Home Loan Bank - BDS 3.300 % 2/28/2005 2/28/2006 997,810 1,000,000 Federal Agency- Callable Federal Home Loan Bank- BDS 3.520 % 413012004 1130/2008 1,973,760 1,983,760 Federal Agency- Callable Federal Home Loan Bank- BDS 3.785 % 3/2812005 12/28/2006 998,750 1,000,000 Federal Agency- Callable Federal Home Loan Bank - BDS 3.850% 3/23/2005 3/23/2007 997,190 1,000,000 Federal Agency- Callable Federal Home Loan Bank 2.250 % 6/26/2003 712412006 982,500 983,750 Federal Agency- Callable Federal Home Loan Mortgage Co 2.000 % 6/612003 613012006 980,650 979,800 Federal Agency- Callable Federal Home Loan Mortgage Co 3.750 % 3/4/2005 81312001 993,550 1,000,000 Federal Agency- Callable Federal Home Loan Mortgage Co 4.000 4/512005 4/512Dm 999,690 1,000,000 Bond Fund - CFD 88-12 U.S. Bank (First Am. TreaSury) 2.190 % 170 (Money Market Account) Delinquency Maintenance Account - CFD 88-12 CDCIIXIS Funding Corp 5.430% 9/tn017 500,000 (Investment Agreement) Delinquency Maintenance Account - CFD 88-12 U.S. Bank (First Am. Treasury) 2.190 % 593,414 (Money Market Account) ReserveFund- CPO 88-12 CDCllXIS Funding Corp 5.430 % 9/112017 1,531,469 (Investment Agreement) Reserve Fund . CPO 88-12 U.S. Bank (First Am. Treasury) 2.390 % 2 (Money Market Account) Special Tax Fund - CPO 01-2 U.S. Bank (First Am. Treasury) 2.190 % 561,405 (Money Market Account) Admin Expense Fund - CFD 01-2 U.S. Bank (First Ant Treasury) 2.190 % 753,256 (Money Market Account) YariableBond Fund - CFD 01-2 U.S. Bank (First Am. Treasury) 2.190% 7,619 (Money Market Account) Interest Differential Fund - CFD 01-2 U.S. Bank (First Am. Treasury) 2.190 % 132,600 (Money Market Account) Improvement Fund - CFD 01-2 U.S. Bank (First Ant Treasury) 2.190 % 2,820,997 (Money Market Account) Special Tax Fund - CFD 03-1 U.S. Bank (First Am. Treasury) 2.190 % 86,909 (Money Market Account) Bond Fund - CFD 03-1 U.S. Bank (First Am. Treasury) 2.190 % 20,672 (Money Market Account) Capital Interest Fund. CFD 03-1 U.S. Bank (First Am Treasury) 2.200 % 32 (Money Market Account) Reserve Fund - CFD 03-1 Aig l\.1atch Fed Corp Ref 4.830 % 863,900 (Investment Agreement) Reserve Fund - CFD 03-1 U.S. Bank (First Am. Treasury) 2.160 % 4 (Investment Agreement) Page 1 City Improvement Fund - CFD 03-1 (Money Market Account) City Improvement Fund. CFD 03-1 (Local Agency Investment Fund) Cal Trans Improvement Fund. CFD 03-1 (Money Market Account) Cal Trans Improvement Fund - CFD 03-1 (Local Agency Investment Fund) Acquisition Account Fund - CFD 03-1 (Money Market Account) Acquisition Account Fund - CFO 03.1 (Local Agency Investment Fund) Special Tax Fund - CFD 03-03 (Money Market Account) Bond Fund - CFO 03.3 (Money Market Account) Capital Interest Fund. CFD 03.3 (Money Market Account) Capitallnterest Fund - CFD 03-3 (Local Agency btvestment Fund) Reserve Fund - CFD 03.3 (btvestment Agreement) Reserve Fund - CFD 03-3 (Money Market Account) City Improvement Fund - CFD 03-3 (Money Market Account) City Improvement Fund - CFD 03-3 (Local Agency btvestment Fund) EMWD Improvement Fund - CFD 03-3 (Money Market Account) EMWD Improvement Fund - CFD 03-3 (Local Agency Investment Fund) Acquisition Account Fund. CFD 03.3 (Money Market Account) Acquisition Account Fund - CFD 03-3 (Local Agency Investment Fund) Capital Interest Fund - CFD 03-06 (Money Market Account) Reserve Fund - CFD 03-06 (Money Market Account) City Improvement Fund - CFD 03-06 (Money Market Account) Redemption Fund - AD 03-04 (Money Market Account) Admin Expense Fund - AD 03-4 (Money Market Account) Reserve Fund - AD 03-04 (Money Market Account) Interest Account - ROA TABs (Money Market Account) Reserve Account- RDA TABs (Surety Bond) Project Account. ROA TABs (Money Market Account) Project Account-RDA TABs (Local Agency Investment Fund) Installment Payment Fund - TCSD COPs (Money Markel Account) Project Fund - TCSD COPs (Money Market Account) Project Fund - TCSO COPs (Local Agency Investment Fund) city or Temecola city Treasurer's Report As of April 30, 2005 U.S. Bank (First Am. Treasury) 2.190 % State Treasurer-LAIF 2.724 % U.S. Bank (First Am. Treasury) 2.190 % State Treasurer-LAIF 2.724 % U.S. Bank (First Am Treasury) 2.190 % State Tre.asurer-LAIF 2.724 % U.S. Bank (First Am. Treasury) 2.190 % U.S. Bank (First Am. Treasury) 2.190 % U.S. Bank (First Am. Treasury) 2.190 % State Treasurer-LAIF 2.724 % CDCIlXIS Funding Corp 3.000 % U.S. Bank (First Am. Treasury) 2.160 % U.S. Bank (First Am. Treasury) 2.190 % State Treasurer.LAIF 2.724 % U.S. Bank (First Am. Treasury) 2.190 % State Treasurer.LAIF 2.724 % U.S. Bank (First Am. Treasury) 2.190 % State Treasurer-LAIF 2.724 % U.S. Bank (First Am. Treasury) 2.190 % U.S. Bank (First Am. Treasury) 2.190 % U.S. Bank (First Am. Treasury) 2.190 % U.S. Bank (First Am. Treasury) 2.190 % U.S. Bank (First Am. Treasury) 2.190 % U.S. Bank (First Am. Treasury) 2.190 % U.S. Bank (First Am. Treasury) 2.180 % MBIA Surety Bond n/. U.S. Bank (First Am. Treasury) 2.190 % State Treasurer-LAIF 2.724 % U.S. Bank (First Am. Treasury) 2.190 % U.S. Bank (First Am. Treasury) 2.190 % State Treasurer-LAIF 2.724 % 8/3112034 (I)-This amount is net of outstanding checks. (2)-At Apri130, 2005 total market value (including accrued interest) for the Local Agency Investment Fund (LAIF) was $60,588,087,513. The City's proportianlltc share of that value is $57,243,481. All investments are liquid and currently available. TIle City of TemecuJa's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and acmal expenditures of the City for the next six months. Page 2 171,743 1,249,926 510,806 6,011 930 1,294,984 607 ,999 43,731 6,973 13 2,171.120 6 341 7,313,349 2,979 3,697,464 10,040 10.102,110 127,095 340,639 3,856,748 22,910 15,336 100.814 34 516 574,664 380 450 1.051.116 $ 126,719,136 001 100 101 120 140 150 160 165 170 190 192 193 194 195 196 210 261 271 273 274 275 276 280 300 310 320 330 340 380 390 460 470 473 474 475 476 CITY OF TEMECULA CASH AND INVESTMENT REPORT APRIL 2005 GENERAL FUND STATE GAS TAX FUND STATE TRANSPORTATION FUND DEVELOPMENT~PACTFUND COMMUNITY DEV BLOCK GRANT AB 2766 FUND AB 3229 COPS RDA DEV LOW/MOD 20% SET ASIDE MEASURE A FUND 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 "R" STREET/ROAD MAINT TCSD SERVICE LEVEL "L" LAKE PARK MAINT. CAPITAL ~PROVEMENT PROJECT FUND CFD 88-12 ADMIN EXPENSE FUND CFD 01-2 HARVESTON IMPROVEMENT FUND CFD 03-1 CROWNE HILL ~PROVEMENT FUND AD 03-4 JOHN W ARNER ~PROVEMENT FUND CFD 03-3 WOLF CREEK ~PROVEMENT FUND CFD 03-6 HARVESTON 2 IMPROVEMENT FUND REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND VEHICLES FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES RDA 2002 TABS DEBT SERVICE TCSD 2001 COP'S DEBT SERVICE CFD 88-12 DEBT SERVICE FUND CFD 01-2 HARVESTON DEBT SERVICE FUND CFD 03-1 CROWNE HILL DEBT SERVICE FUND AD 03-4 JOHN WARNER ROAD DEBT SERVICE CFD 03-3 WOLF CREEK DEBT SERVICE FUND CFD 03-6 HARVESTON 2 DEBT SERVICE FUND GRAND TOTAL Fund Total 22,424,994.49 591.59 1,397.05 14,016,388.89 7,726.51 211,396.24 1.66 8,996,839.80 5,890,045.87 231.980.44 21,115.32 35,138.97 56,067.09 27,689.14 391,729.59 25.203,434.51 8,071.53 2,834,014.72 3,234,400.47 222,730.11 21,126,282.66 3,856,747.96 3,114,946.86 1,438,718.66 211,292.08 861,527.65 234,574.07 143,185.15 1,973,314.22 4,498.44 3,402.376.10 1,903,281.68 1,053,729.28 152,240.47 2,926,962.24 499,704.68 126,719,136.19 CR CD 37,401.19 (64.00) (1,451.56) 864.40 584.00 68.00 'SO 1.(110.61- 15.00 85t.89 'lBo.SO 326.638.81 29HlO 1.219.10 81.00 355.00 (60.00) 53.153.5Z 1,360.00 "".., M.50 69L50 116.456.03 1,188.00 5000 84.00 16.00 581.50 44,475.00 18.580.41) (364,429.61) (5904.541.61) (90ll.26) 1,434.00 80.00 "'.00 732.50 2,117.50 4$.00 47,275.00 :J4.372S6 ,o,s29.47 1,57050 2,019.00 '.00 585.00 329.00 ~7.00 25,265.06 362.95 1,445.50 330.00 577.00 "SO 1.509.00 808.50 1,188.50 906.50 26,2.58.86 70,00 (3,343.91) (312.00) 28,411.10 10,031.69 559.50 ><sO 816.00 299.00 19.50 1.545.00 (642,760.79) 363.567.35 15,1So.00 380.00 781.00 '00 111.00 1,346.50 382.00 1,154,01965 80,00 478,164.51 (127,225.23) 37.00 808.50 322.50 23.38 79.922.88 15,625.00 275,957.65 3.162.00 113.00 90.00 12.00 75,016.06 729.00 335.00 34.50 103.50 754.25 191.16 216.919.% 1,289,500.00 ~= 10.50 B3B.00 360.00 177.00 190.00 (1.003,997.20) (1,465.13) (359,920.62) 1l,5Bo.14 411.00 '0200 234,00 491.00 U6,00 30,000.00 115,144.34 461.00 151.00 'S' 202.50 "00 613.00 484.00 242,151.B6 (1,413.30) 2,108,50 636.00 15B,00 21.50 (35,00) 120,665.39 .00 1,593.00 11.00 506.50 50.00 (122.50) (150.00) 91,379,61 5BU5 411.50 15.00 215.50 11.50 165.50 (1,34I,65J.54) 62.564,65 (35.00) 187,00 410.00 1,549.50 91.00 3Q'i.00 (60,00) 40.425.99 1,119.50 1.50 319,18 noo (5,117.05) 0.02 '.00 216,06 316.00 "'02 (20,820.Bl) 4,125.56 124.427.96 1,111.68 230.08 1,213,42 (111,390,95) 50,00 192.16 630.66 192.16 350.00 IIB.04 JO,997.i3 38.00 (0.60) 5,133,574.36 (4,5B7337.27) ""~ ITEM 5 APPROVAL CITY ATTORNEY ~ DIRECTOR OF FINANCE CITY MANAGER-'7! .... CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Genie Roberts, Director of Finance DATE: June 14, 2005 SUBJECT: Professional Services Agreement for Annual Administration of CFDs/AD PREPARED BY: Polly von Richter, Senior Debt Analyst ~ RECOMMENDATION: That the City Council approve a one-year professional services agreement with Albert A. Webb & Associates for debt service administration for Fiscal Year 2005-2006 for the City's Community Facilities Districts and Assessment District in the amount of $53,500.00. BACKGROUND: The City of Temecula has five (5) existing Community Facilities Districts and one (1) Assessment District: . CFD 88-12 (Ynez Corridor) . CFD 01-2 (Harveston) . CFD 03-1 (Crowne Hill) . CFD 03-3 (Wolf Creek) . CFD 03-6 (Harveston II) . AD 03-4 (John Warner Road) To date, Albert A. Webb Associates has provided debt service administration for each of the districts, as well as administration of the sales tax reimbursement agreement for CFD 88-12. Among the services provided by Webb are calculation of special tax levy, public contact, delinquency management, disclosure and reporting, and calculation of sales tax reimbursements to property owners. The staff at Webb Associates is intimately familiar with the parameters of each of the City's districts and is committed to providing us the best possible service. It is staff's recommendation that the council approve a one-year professional services agreement with Albert A. Webb Associates so they may continue to provide debt service administration for the City's Community Facilities Districts and Assessment District. FISCAL IMPACT: Funds for the proposed contract are included in the annual special tax levies for each of the Districts. The total amount of the contract is $53,500.00 ATTACHMENTS: Professional Services Agreement with Albert A. Webb Associates R:\Agendas\Slaff Report - Webb Contract for 05-06.doc 'i" ".... FIN04-18 CITY OF TEMECULA PROFESSIONAL SERVICES AGREEMENT ALBERT A. WEBB & ASSOCIATES CFD ANNUAL ADMINISTRATION SERVICES AND SALES TAX REIMBURSEMENTS THIS AGREEMENT, is made and effective as of July 1, 2005 between the City of Temecula, a municipal corporation ("City") and ALBERT A. WEBB & 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 July 1, 2005, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2006, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all 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 quarterly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty-Three Thousand Five Hundred Dollars and No Cents ($53,500.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices quarterly for actual services performed. Invoices shall be submitted before the fifteenth business day of the month following the quarter, for services provided in the previous quarter. 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 R:\Purchasing.Agreements04-oS.M-Z.Webb.CFD Annual Admin&Ssles Tax.200S.FIN04-18 4.22-oS shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend . or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. 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. R:\Purchasing.Agreemants04-05.M-Z.Webb.CFD Annual Admin&Sales Tax.2005.FIN04-18 4-22-05 I b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 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 20 10019. (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 R:\Purchasing.Agreements04-o5.M-Z.Webb.CFD Annual Admin&Ssles Tax.2005.FIN04.18 4-22-05 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 c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City. R:\Purchasing.Agreements04-05.M-Z.Webb.CFD Annual Admin&Sales Tax.2005.FIN04.18 4-22'()5 e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements, Workers Compensation Insurance to be State Compensation Insurance. f. Verification of Coveraoe. 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 certificates, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. R:lPurchasing.Agreements04-0S.M-Z.Webb.CFD Annual Admin&Ssles Tax.2005.FIN04-18 4-22-oS b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (Iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Albert A. Webb & Associates 3788 Mc Cray Street Riverside, CA 92506 Attn: Leni Zarate (951) 686-1070 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. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation R:\Purchasing.Agreements04-oS.M-Z.Webb.CFD Annual Admin&Seles Tax.200S.FIN04-18 4-22-oS concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 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 of Title 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 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:\Purchasing.Agreements04-oS.M-ZWebb.CFD Annual Admin&Sales Tax.200S.FIN04.18 4-22-oS 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 Albert A. Webb & Associates 3788 Mc Cray Street Riverside, CA 92506 Attn: Leni Zarate (951) 686-1070 Fax (951) 788-1256 www.webbassociates.com By: Name: Title: By: Name: Title: Two Signatures Required For Corporations R:\Purchasing.Agreements04-oS.M.Z.Webb.CFD Annual Admin&Seles Tax.200S.FIN04-18 4-22-oS EXHIBIT A TASKS TO BE PERFORMED All tasks as per the Scope of Work provided by the Consultant attached hereto and incorporated herein as though set forth in full. '-,- R:\Purchasing.Agreemenls04.0S.M-ZWebb.CFD Annual Admin&Sales Tax.200S.FIN04-18 4-22-oS EXHIBIT B PAYMENT RATES & SCHEDULE Payment Rate & Schedule is as provided by the Consultant attached hereto and incorporated herein as though set forth in full, but in no event shall total sum of the work exceed $35,000.00. Fixed Fee Schedule - Fiscal Year 2005/2006: CFD 88-12 (Ynez Corridor) CFD 88-12 (Sales Tax) CFD 01-02 (Harveston) CFD 03-06 (Harveston II) CFD 03-01 (Crown Hill) CFD 03-03 (Wolf Creek) AD 03-04 (John Warner Rd) Total $6,000.00 $5,000.00 $10,000.00 $5,500.00 $8,500.00 $10,000.00 $8.500.00 $53,500.00 R:\Purchasing.Agreements04-0S.M-Z.Webb.CFD Annual Admin&Seles Tax.200S.FIN04-18 4-22-oS 'A.LBERT A. ClIy of lemeculo WEBB 3788 McCray Slree!. Riverside. CA 92506 Phone (951) 686.1070 Pax (951)788-1256 www.webbassociates.com FER (I S 7005 ASSOCIATES ENGINEERING CONSULTANTS Finance Dept. February 7, 2005 Ms. Genie Roberts Director of Finance City of Temecula P.O. Box 9033 Temecula, CA 92589 RE: Proposal for Fiscal Year 2005-2006 Annual Administration of CFD No. 88-12 (Ynez Corridor), 88-12 Sales Tax Reimbursement, 01-2 (Harveston), 03-06 (Harveston II), 03-1 (Crown Hill), 03-02 (Roripaugh Ranch), 03-03 (Wolf Creek), and Assessment District 03-04 (John Warner) Dear Ms. Roberts: Albert A. Webb Associates is pleased to submit this proposal to continue providing debt service administration for Fiscal Year 2005-2006 for the City of Temecula. Our proposal is organized in two parts: . Scope of Services . Compensation SCOPE OF SERVICES Services to be provided with regard to annual administration services are: I. CALCULATION AND LEVY SPECIAL TAX CONSULTANT will, in consultation with staff assigned to administer the Special District, determine the special tax requirement for the current fiscal year and apportion the special tax to each parcel. The calculation of the special tax requirement will consist of the following: A. Parcel Information. CONSULTANT will maintain current Assessor's Maps for all Community Facilities District parcels and shall update annually, prior to enrollment of the current year's levy, any information necessary for use in calculating the special tax ~~-' A All' (''IT-''\Onnn,,<:, A I \T~_.~ .l"'-''-''-'f 'l~('l':\ ~ . r r 1 ~~~ CIVIL ENGINEERING' PLANNING & ENVIRONMENTAL' WATER RESOURCES' ASSESSMENT I SPECIAL TAX CONSULTING SURVEYING. CONSTRUCTION MANAGEMENT & INSPECTION. TRAFFIC & TRANSPORTATION Ms. Genie Roberts February 7, 2005 Page 2 of5 (i.e. land use classifications, building permits). CONSULTANT shall also maintain a computer database of development and land use information for all Community Facilities District parcels where development and land use information is necessary for use in calculation of said special tax. CONSULTANT will calculate the maximum special tax for all parcels. B. Debt Service. CONSULTANT will coordinate with staff or with the Fiscal Agent of the district as necessary to review updated or current debt service schedules and determine the amount needed to pay principal and interest on the outstanding bonds. C. Administrative Expense. CONSULTANT will determine with staff the amount needed to meet the anticipated administrative expenses for the Community Facilities District for the current fiscal year and prepare a summary of administrative costs. D. District Funds. CONSULTANT will determine with staff if the district fund flows impact the special tax requirement as a debit or credit. CONSULTANT shall provide an update of the Reserve Requirement and determine any surplus or shortfall, as required for the district and prepare a summary of fund balances to be included in the annual disclosure report. E. CONSULTANT will determine the proposed special tax levy based upon the debt service requirements, administrative expenses and current status of district funds and prepare a summary of the total levy for each special tax category for inclusion in the annual disclosure report. F. Submittal of Annual Levy. Each fiscal year CONSULTANT shall prepare the annual levy for each Community Facilities District in a format and media acceptable for direct submission to the Auditor-Controller's office prior to the statutory deadline and shall perform adjustments and corrections to the levies on the property tax rolls as necessary. CONSULTANT will provide staff with hard copy report of special taxes as calculated. If corrections/revisions after deadline are necessary, CONSULTANT will research, recalculate, and follow staff's direction to rectify the issue. II. PRIMARY CONTACT WITH PUBLIC. CONSULTANT is to serve as the initial and primary contact with the public regarding the levy of the special tax. A telephone number of the Consultant's designation will appear on the regular property tax billing next to the particular special tax to facilitate contact with the public. CONSULTANT is to provide information with regard to formation of the Community Facilities District, the facilities to be constructed, the number and maturities of bonds outstanding, the purpose and use of the bond proceeds issued for the District and the method of apportionment. . M:\AA W _ STD\PROPOSAL\Temecula\2005~2006\adminproposa].doc Ms. Genie Roberts February 7, 2005 Page 3 of 5 III. DELINQUENCY MANAGEMENT A. Delinquency Policy. CONSULTANT will review and make recommendations to staff that any policies established related to the collection of delinquent special taxes are consistent with the foreclosure covenant and/or with the requirements of the bond issue for the district. B. Delinquency Tracking and Reporting. CONSULTANT will research the records of the Riverside County Tax Collector for payment information to determine which parcels are delinquent after the December 10 and April 10 property tax installment due dates. Delinquency reports will include parcel lists showing the APN, property owner and delinquent arnount for each parcel. Reports will be prepared to reflect the delinquency status of parcels after each installment due date and will be posted on Albert A. Webb Associates website. C. Delinquency History. CONSULTANT will maintain a database that includes a regularly updated delinquency history of the parcels located in the district, as derived from the Riverside County property tax system. Delinquency history shall include delinquent arnounts for each parcel including penalties and interest due, reference to those parcels that have been referred to Foreclosure Counsel, and prior year delinquencies that have been paid D. Notification to Delinquent Property Owners. (Optional at City's direction) CONSULTANT will prepare and mail letters (on letterhead), via first-class mail to property owners at the times and in the format determined by the delinquency policy. Notice of Default letters will be sent to mortgage lenders or first trust deed holders if directed by staff. CONSULTANT will respond to public request regarding delinquent notices and shall prepare, as necessary, statements to the requesting party all amounts delinquent including penalties, interest, and roll removal fees. E. Removal from Rolls. CONSULTANT will prepare correspondence to the Auditor- Controller's Office to remove any assessments from the roll for the purposes of delinquent special taxes and/or special taxes that have been paid directly to a particular district. F. Foreclosure Coordination. CONSULTANT will assist in preparing documents submitted to the City of T emecula requesting authorization of foreclosure action. This includes preparation and recordation of the Notice of Intent to Commence Foreclosure, preparation of Exhibits for the Resolution to commencing foreclosure, and coordination of the removal of the Special Taxes approved for foreclosure from the tax roll. CONSULTANT will provide delinquent amounts (including penalty and interest at the time the foreclosure is transferred) to Special Counsel. CONSULTANT will provide M:\AA W _ STD\PROPOSAL\Temecula\2005-2006\adminproposal.doc Ms. Genie Roberts February 7, 2005 Page 4 of 5 technical support or act as an expert witness, (optional at City's direction) on behalf of he City of Temecula and Special Counsel as required in the preparation and litigation of foreclosure cases. IV. DISCLOSURE AND REPORTING A Community Facilities Districts. CONSULTANT will prepare the report to the California Debt and Investment Advisory Commission as required annually for bonds issued after January I, 1993. B. Enhanced Disclosure. CONSULTANT shall prepare the continuing disclosure report pursuant to the Fiscal Agent Agreement subsection Continuing Disclosure Agreement. C. Internet Dissemination. CONSULTANT shall post the continuing disclosure report on Albert A. Webb Associates' web site as well as delinquency information and updates. Services to be provided with regard to Sales Tax Reimbursement are: I CALCULATION OF SALES TAX REIMBURSEMENTS FOR COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) CONSULT ANT will to assist the City in researching the development status of each parcel, determining which properties are delinquent verses those that have paid, calculating the sales tax credit to be given, providing mailing information with the most recent name and address pursuant to the County records to those properties which receive credits and providing reports in a format acceptable to the City for their use. COMPENSATION Albert A. Webb Associates proposes to be compensated a fixed fee amount for services performed according to the schedule outlined as follows: District AD. 03-04 (John Warner) CFD 88-12 (Ynez Corridor) CFD 88-12 (Sales Tax) CFD 01-02 (Harveston) CFD 03-06 (Harveston II) CFD 03-01 (Crowne Hill) CFD 03-03 (Wolf Creek) Fixed Fee $8,500 $6,000 $5,000 $10,000 $5,500 $8,500 $10,000 M:\AA W _ STD\PROPOSAL\Temecula\2005-2006\adminproposal.doc "'0 \'0 tt. 'bl- t-,\o~O \) u....- ~\.L-- 11...--- '. -. - , Ms. Genie Roberts February 7, 2005 Page 5 of5 This amount includes calculations necessary for the annual levy of special taxes, submittal to the County of Riverside Auditor-Controller the annual special tax levy, assist the City in scheduling, preparing and delivering presentation for the annual disclosure report, preparation of the annual delinquency reports, assist the City in reviewing and analyzing legislation that may have an impact on the district, and researching questioned special taxes which may have an impact on the district's annual levy. If you have any questions regarding this proposal, or if additional information is needed, please call me at (951) 781-6190. Sincerely yours, ALBERT A. WEBB ASSOCIATES ,~~ 'jj:f'Cvt-- Leni Zarate Project Manager Cc: Ms. Polly von Richter, City of Temecula M:\AA W _ STD\PROPOSAL\Temeculu\2005-2006\adminproposal.doc ITEM 6 CITY ATTORNEY DIRECTOR OF FIN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: June 14,2005 SUBJECT: Redhawk Annexation Agreements PREPARED BY: Polly von Richter, Senior Debt Analyst RECOMMENDATION: That the City Council approve the Redhawk Annexation Agreement No. 2 (Revenue Reimbursement) and Redhawk Annexation Agreement No. 3 (Property Tax In-Lieu of Vehicle License Fees). BACKGROUND: In anticipation of the annexation of the Redhawk Area, the City and County of Riverside are working together to ensure transfer of the various revenues associated with Redhawk (such as property tax, sales tax, Quimby fees, and other state apportionments) from the County to the City. City staff has worked proactively to identify each of the various revenue streams associated with Redhawk and apply to the funding agency (i.e.: State, County, RCTC) to have the revenue sent directly to the City beginning in FY 05/06. However, in the event that the any of the revenue streams are incorrectly directed to the County of Riverside, the County agrees to reimburse the City for any revenues collected from the annexed area for FY 05-06. Redhawk Annexation Agreement NO.2 (Revenue Reimbursement) outiines the various revenues in question and the timeline/process for reimbursement. Additionally, the City and the County of Riverside Auditor-Controller's Office are working cooperatively to determine the application of State Revenue and Taxation Code Section 97.70. This legislation affects the City's property tax in-lieu of vehicle license fees as it relates to the annexed area. Because the State Controller's Office has yet to make a formal interpretation of the code, the City has agreed to indemnify the County in the event that the agreed upon implementation of the code is reversed by the State. FISCAL IMPACT: Both agreements serve to ensure that all revenue streams associated with the Redhawk area are received by the City. The agreements allow the City to recover any revenues that are misdirected to the County to which it is entitled for the Redhawk area. The property tax in-lieu of vehicle license fees related to the Redhawk Annexation is estimated at $509,000 for Fiscal Year 2005-06. This revenue will increase annually by the growth factor in citywide assessed valuation. This revenue will be set aside as a reservation of Fund Balance for a one year period or until such time that the State Controller's Office ruies on the City's position. The County has identified that approximately $173,000 in Quimby fees will be transferred to the City as one of the sources under this agreement. ATTACHMENTS: Redhawk Annexation Agreement No.2 (Revenue Reimbursement) Redhawk Annexation Agreement NO.3 (Property Tax In-Lieu of Vehicle License Fees) R\Red Hawk AnnexationlSlaff Report - Reimb Agmt.doc 1 REDHA WK ANNEXA TION AGREEMENT NO.2 (REVENUE REIMBURSEMENT) REDHA WK ANNEXA nON AGREEMENT NO.2 BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE (REVENUE REIMBURSEMENT) THIS ANNEXA nON AGREEMENT NO.2 is dated as of June 14,2005 by and between the City of Temecula, a municipal corporation ("City") and the County of Riverside, a political subdivision of the State of California ("County"). 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 of the County of Riverside ("LAFCO") adopted its Resolution No. C-O 1-04, making determinations and approving the proposed reorganization designated as LAFCO No. 2003-26-3, 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 Area 152 of territory generally known as the Redhawk Specific Plan Area and more specifically described in Exhibit A attached to LAFCO Resolution No. C-01-04. Resolution No. C-OI-04, established the effective date of the reorganization designated as LAFCO No. 2003-26-3 as July I, 2005. b. On April 28, 2005, the Local Agency Formation Commission of the County of Riverside ("LAFCO") adopted its Resolution No. 21-05, making determinations and approving, subject to a protest hearing, the proposed reorganization designated as LAFCO No. 2005-33-3, including concurrent detachments from the City of Temecula and the Temecula Community Services District and concurrent annexations to the City of Temecula and the Temecula Community Services District of territory generally known as the Redhawk Specific Plan Area and more specifically described in Exhibit A attached to LAFCO Resolution No. C-07-05. Resolution No. C-07-05 establishes the effective date of the reorganization previously designated as LAFCO No. 2003-26-3 as June 30, 2005. c. The Redhawk Specific Plan Area to be annexed to the City of Temecula and the Temecula Community Services District is described and depicted on Exhibit A, "Annexation Area," attached hereto and incorporated herein by this reference as though set forth in full. d. This Agreement benefits both the City and the County and furthers the public health, safety and general welfare of the City, the County and the persons served by each governmental entity. 818423.1 May 3,2005 2. Revenue Reimbursements from Annexation Area. a. The County currently receives from properties and transactions within the Annexation Area certain tax and other revenues based on the city or unincorporated county area in which certain events occur. These revenues ("Revenues") include the following: (1) The City's share, pursuant to the Master Property Tax Agreement between the County and the City, of the ad valorem property tax revenue from all parcels within the Annexation Area pursuant to Division I of the Revenue and Taxation Code; (2) One percent (I %) of the sales and use taxes collected by retail businesses within the Annexation Area on taxable retail sales pursuant to The Bradley-Bums Uniform Local Sales Tax Law (Part 1.5 of Division 2 of the Revenue and Taxation Code) (Section 7200 et. seq.); (3) The City's Share of the Motor Vehicle License Fee pursuant to Chapter 5 of Part 5 of Division 2 of the Revenue and Taxation Code (Section 11000 et. seq.); (4) Motor Vehicle Licensing Fees In-Lieu Tax, provided that such funds as may be due the City pursuant to Revenue and Taxation Code Section 97.70 for Fiscal Year 2005-2006 are addressed in a separate agreement and shall not be affected by this Agreement; (5) The City's share of the Documentary Transfer Tax pursuant to Part 6.7 of Division 2 of the Revenue and Taxation Code (Section 1901 et. seq.); (6) Vehicie Code fines; (7) Riverside County Measure "A" funds; (8) The City's share of funds allocated from the Supplemental Law Enforcement Services Fund (the "COPS" fund) pursuant to Chapter 6.7 of Division 3 of Title 3 of the Government Code (Section 30061 et. seq.); (9) ERAF Relief funds; (10) Off-Highway Licensing Fees; 818423.1 May 3, 2005 (11) The City's Share of funds allocated from the Proposition 42 Transportation Investment Fund pursuant to Section 2182 of the Streets and Highways Code, including but not limited to STIP, Traffic Congestion Relief Fund and the Public Transportation Account. b. The City, County and LAFCO are cooperating in the preparation and filing of the necessary documents to transfer the appropriate property tax revenue payments, sales tax revenue, and the other Revenues from the County to the City. The parties expect that the all necessary steps will be complete in time to affect FY 05/06 apportionments subsequent to the annexation effective date. c. Until such time as the transfer of the Revenues applicable to the Annexation Area from the County to the City is complete, County agrees to pay to the City the applicable Revenues collected from the Annexation Area for Fiscal Year 2005-2006. The City shall evaluate revenues six (6) months after the effecti ve date of annexation to determine if reimbursement by County to City is required. City and County agree to work cooperatively to determine the calculation method for reimbursement for each revenue received by the County for the Redhawk area. Within 30 days of request by City, County shall pay to the City the Revenues received by the County for the Redhawk area during the prior six months. Along with such payment, County shall provide City with documentation of the revenue received from each applicable revenue source. City shall conduct an additional evaluation of revenues 12 months after the effective date of annexation to determine if additional reimbursement by County to City is required. d. The Annexation will be effective for only one day in Fiscal Year 2004-2005. In that the costs of prorating and transferring any Revenue for FY 2004-2005 would exceed the actual Revenue for said one day, the City and County agree that any of the Revenues for Fiscal Year 2004-2005 shall be retained by the County. 3. Ouimbv Fees. The City and County agree that One hundred seventy three thousand six hundred eighteen dollars ($173,618.00) in Quimby fees have been collected by the County from development within the Redhawk Area for park and recreation purposes. County shall transfer said funds to the City for park and recreational purposes. 4. Indemnification a. County agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, damage to property or claims for funds arising out of the County's negligent or wrongful acts or omissions in performing or failing to perform under 818423.1 May 3, 2005 the terms of this Agreement, excepting only liability arising out of the negligence of the City. b. City agrees to defend, indemnify, protect and hold harmless the County, 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 County, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, damage to property, or claims for funds arising out of the City'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 County. c. Property Tax In-Lieu of Motor Vehicle License Fees, or that portion of the VLF subject to Revenue and Taxation Code 97.70, is addressed in a separate agreement which includes indemnification language specific to that revenue stream and is not affected by this agreement. 5. Defaults and Remedies 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. 818423.1 May 3, 2005 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 nondefaulting 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 nondefaulting 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. Force Majeure. Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement to be performed by either City or County is prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials 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 of the party required to perform the act. 7. Notices to Parties Written notices, demands and communications among the City and County, 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: City: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attention: Genie Roberts, Director of Finance 818423.1 May 3, 2005 County County Executive Officer County of Riverside 4080 Lemon Street, 4th Floor Riverside, Ca. 92501 8. Aereement 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. 9. Assienment. 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. 10. Sole and Onlv Aereement. This Agreement constitutes the sole and only agreement between City and County respecting the matters contained herein, except that the parties acknowledge and agree the City of Temecula, the Temecula Community Services District and the County have entered into other agreements concerning the Annexation, which are designated "Sales Tax Revenue Sharing Agreement Between the County of Riverside and the City of Temecula (First District)" dated as of June 19,2001, the Master Property Tax Agreement between the City and the County, the "Redhawk Annexation Agreement No. I Between the County of Riverside and the City of Temecula (Historic Preservation and Sales Tax Allocation)" dated as of May 13, 2003, and the "Redhawk Annexation Agreement No.3 Between the County of Riverside and the City of Temecula (Property Tax In-Lieu of Vehicle License Fees)" date June 14,2005. 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. 11. of this Agreement. Time of Essence. Time is expressly declared to be of the essence 12. Authoritv to Execute. Each party hereto expressly warrants and represents that he or she has the authority to execute this Agreement on behalf of his or her governmental entity and warrants and represents that he or she has the authority to bind his or her entity to the performance of its obligations hereunder. 1/1/ 11// 818423.1 May 3, 2005 IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. CITY OF TEMECULA Jeffrey Comerchero Mayor Attest: Susan Jones, CMC City Clerk Approved as to form: Peter M. Thorson City Attorney 818423.1 May 3, 2005 COUNTY OF RIVERSIDE By: Marion Ashley Chairman of the Board of Supervisors Attest: Nancy Romero Clerk of the Board of Supervisors By: Clerk of the Board of Supervisors Approved as to Form: William Katzenstein County Counsel By: Joe S. Rank Deputy County Counsel 818423.1 May 3, 2005 EXHIBIT A ANNEXATION AREA 818423.1 May 3, 2005 Redhawk A nnexation A rea u I I .' ~I .. e- IT /l 7/1 l h I I 7! v d ~ \~ 7i'=' ~. \ 1!...'" II \ \ ...~ .."iI1~<t;fi~'~~ \) ~ v' . . ill '. ...,. . > .' ........... ... ..../ ~jC IJI. ')'~~~\ ~~\\"Lr .' c, ,..~~i~ io,_ \ ',IV' ..~. .~:\;<.;;...,..,..' " ..... .......>0';f .J/,,,... .... . . . ." ..............- ~fI'<' "';i.*~...\H -- ~.II.'~~. ' ....~.... - . -I~ .... -:-:-::2"::"~' ~ ...>............. ~ ~ .............. III .\ .~~.. < I" Ift'~ / . ..'~ 'V ...........H.........',...II. . 'I ............'....................... ,I Y' BfI dI, 1/ . . ;." :~~~~~~~~: ,)# I /1/ ,---, - / v ...... -jO-'<..J-~ l' I TIT ,~' ~~ f--_ 1 -r -.JU 1[[ n '- " D ~ ~ \'\\ 1'\ :;:r - I \--J 8 OlydTaoneeUIi -.. ~ 0400 0101200'" (l) ~ REDHA WK ANNEXA nON AGREEMENT NO.3 (PROPERTY TAX IN-LIEU OF VEHICLE LICENSE FEES) REDHA WK ANNEXATION AGREEMENT NO.3 BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE (PROPERTY TAX IN- LIEU OF VEHICLE LICENSE FEES) THIS ANNEXATION AGREEMENT NO.3 is dated as of June 14,2005 by and between the City of Temecula, a municipal corporation ("City") and the County of Riverside. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. purposes: Recitals. This Agreement is made with respect to the following a. On January 14, 2004, Local Agency Formation Commission of the County of Riverside ("LAFCO") adopted Resolution No. C-OI-04 which approved the concurrent annexations to the City of Temecula and the Temecula Community Services District of territory generally known as the Redhawk Specific Plan Area ("Redhawk Annexation" LAFCO No. 2003-26-3). LAFCO established the effective date of the Redhawk Annexation as July I, 2005. Voters approved the Redhawk Annexation in March 2004. b. Following voter approval of the Redhawk Annexation, the Legislature enacted Chapter 211 of the Statutes of2004 and Chapter 610 of the Statutes of2004 amending Revenue and Taxation Code Section 97.70. This amendment altered the in-lieu vehicle license fee adjustments and the formulas for distributing property tax in-lieu of vehicle license fee revenues. The legislation specifies that beginning in fiscal year 2005-2006 the assessed value of an area annexed to a city is to be ignored for purposes of calculating growth in the city's property tax in-lieu of vehicle license fee distribution in the first fiscal year the annexation first applies. The effect of this is to substantially reduce the added revenues that would come with an annexation depending on the extent of build-out of the area upon annexation. c. If the Redhawk Annexation were effective on July I, 2005, the City ofTemecula's share of the property tax under Section 97.70 would be reduced by approximately $509,000.00 from what it would have been had the Redhawk Annexation been effective at some earlier time. d. Therefore, in an effort to preserve the revenues the City anticipated would be available to fund municipal services for the Redhawk Area, the City of Temecula initiated a reorganization before LAFCO so as to change the effective date of the Redhawk Annexation from July I, 2005 to June 30, 2005. e. On April 28, 2005, Local Agency Formation Commission of the County of Riverside ("LAFCO") adopted Resolution No. 21-05 which approved, subject to the protest hearing, the concurrent detachments from the City of Temecula and the Temecula Community Services District and concurrent annexations to the City of Temecula and the Temecula Community Services District of the Redhawk Annexation 820824.1 May 9, 2005 Area that is more specifically described in Exhibit A attached to LAFCO Resolution No. C-07-0S. Resolution No. C-07-0S establishes the effective date of the reorganization previously designated as LAFCO No. 2003-26-3 as June 30, 2005. f. The City and the Riverside County Auditor-Controller have been diligently working to implement the allocation of property taxes pursuant to Revenue and Taxation Code Section 97.70 with an anticipated effective date of June 30, 2005 for the Redhawk Annexation. The Redhawk Annexation is a case of first impression for the application of Section 97.70 to an annexation due not only to the wording of Section 97.70, but the unique facts of the Redhawk Annexation. In addition the parties recognize that the Riverside County Auditor-Controller must comply with the interpretations of the property tax statutes made by the State Controller's Office and that a formal interpretation of the Section 97.70 as applied to an annexation effective on June 30, 2005 has not yet been made by the State Controller's Office. g. This Agreement benefits both the City and the County and furthers the public health, safety and general welfare of the City, the County and the persons served by each governmental entity. 2. Cooperative Efforts to Applv Revenue and Taxation Code Section 97.70 to the Redhawk Annexation. The County and the City agree to continue to work cooperatively towards a determination of the application of Revenue and Taxation Code Section 97.70 to the Redhawk Annexation with an effective date of June 30, 2005. 3. Indemnification In the event the County Auditor-Controller determines that the assessed value of the Redhawk Area will be included in the calculation of the property taxes due the City under Revenue and Taxation Code Section 97.70 for Fiscal Year 2005-2006, City agrees to defend, indemnify, protect and hold harmless the County, the County Auditor-Controller, and their officers, officials, and employees from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the County, the Auditor-Controller or their officers, agents and employees may sustain or incur or which may be imposed upon them for such a determination. Additionally, the City agrees and acknowledges that in the event such a determination is made and is latter reversed by a final decision of the State Controller or a court of law, the City will be required to reimburse the County for any tax revenue distributed to the City pursuant to the County Auditor-Controller's interpretation of Revenue and Taxation Code Section 97.70. 4. Notices to Parties Written notices, demands and communications among the City and County, 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: 820824.1 May 9, 2005 City: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attention: Genie Roberts, Director of Finance County County Executive Officer County of Riverside 4080 Lemon Street Riverside, Ca. 92501 5. Agreement Binding on Successors. This Agreement shall be binding on and shall inure to the benefit of the successors and lawful assigns of the parties hereto. 6. Recitals. The Recitals set forth in Section I of this Agreement are intended to be a general explanation of the background of the efforts of the City and County to properly apply the provisions of Revenue and Taxation Code Section 97.70 to the Redhawk Annexation and an explanation ofthe general purposes of this Agreement. Therefore, both parties agree that the recitals will not be admissible against either party in the event there is litigation between the parties over the application of Revenue and Taxation Section 97.70. 7. Assignment. 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. 8. Sole and Onlv Agreement. This Agreement constitutes the sole and only agreement between City and County respecting the matters contained herein, except that the parties acknowledge and agree the City of Temecula, the Temecula Community Services District and the County have entered into other agreements concerning the Annexation, which are designated "Sales Tax Revenue Sharing Agreement Between the County of Riverside and the City of Temecula (First District)," dated as of June 19,2001, the Master Property Tax Agreement between the City and the County, the "Redhawk Annexation Agreement No. I Between the County of Riverside and the City of Temecula (Historic Preservation and Sales Tax Allocation)" dated as of May 13, 2003, and the "Redhawk Annexation Agreement No.2 Between the City of Temecula and the County of Riverside (Revenue Reimbursement)", dated as of June 14, 2005. 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. 820824.1 May 9, 2005 IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. CITY OF TEMECULA Jeffrey Comerchero Mayor Attest: Susan Jones, CMC City Clerk Approved as to form: Peter M. Thorson City Attorney 820824.1 May 9, 2005 COUNTY OF RIVERSIDE By: Marion Ashley Chairman of the Board of Supervisors By: Robert Byrd County Auditor-Controller Attest: Nancy Romero Clerk of the Board of Supervisors By: Clerk of the Board of Supervisors Approved as to Form: William Katzenstein County Counsel By: Joe S. Rank Deputy County Counsel 820824.1 May 9, 2005 ITEM 7 CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance ~ DATE: June 14, 2005 SUBJECT: Trustee/Fiscal Agent Services for FY 05/06 Polly von Richter, Senior Debt Analyst ~ PREPARED BY: RECOMMENDATION: That the City Council approve the expenditure of $41,260.00 for annual Trustee/Fiscal Agent services provided by US Bank for the City's Community Facilities Districts. Assessment District, Tax Allocation Bonds and Certificates of Participation for FY 05/06. BACKGROUND: The City of Temecula has five (5) existing Community Facilities Districts (CFD) and one (1) Assessment District (AD): . CFD 88-12 (Ynez Corridor) . CFD 01-2 (Harveston) . CFD 03-1 (Crowne Hill) . CFD 03-3 (Wolf Creek) . CFD 03-6 (Harveston II) . AD 03-4 (John Warner Road) Additionally, the Redevelopment Agency has issued Tax Allocation Bonds and the Temecula Community Services District has issued Certificates of Participation, both of which require arbitrage calculations in the coming fiscal year. During formation of each of these bond issues, a Fiscal Agent Agreement, Trust Agreement or Indenture of Trust was executed with US Bank to remain in effect for the duration of the financing. Services provided by the Trustee/Fiscal Agent include establishing and holding accounts (such as the special tax fund, improvement fund, reserve fund, and administrative fund), transferring funds between accounts to pay debt service, disbursing funds to the City upon receipt of draw requests, dissemination of annual disclosure information for both the developer and City as bond issuer, and arbitrage monitoring/reporting. FISCAL IMPACT: Funds for the Trustee/Fiscal Agent services are included in the annual special tax levies for each of the Districts. As such, each of the special district funds will have sufficient budget to pay for these services. ATTACHMENTS: US Bank Schedule of Fees for FY 05/06 US BANK SCHEDULE OF FEES FOR CITY OF TEMECULA FY 05/06 CFD #88-12 (Ynez Corridor) CFD #01-2 (Harveston) CFD #03-1 (Crowne Hill) CFD #03-3 (Wolf Creek) CFD #03-6 (Harveston II) AD #03-4 (John Warner Road) RDA Tax Allocation Bonds (TABs) RDA TABs Arbitrage TCSD Certificates of Participation (COPs) TCSD COPs Arbitrage $3,300.00 $6,760.00 $5,250.00 $6,100.00 $4,500.00 $1,250.00 $4,850.00 $2,500.00 $4,250.00 $2.500.00 $41.260.00 ITEM 8 APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council ~it1 Tim Thorson, Director of Information Systems ~ DATE: June 14, 2005 SUBJECT: Accela/Permits Plus Maintenance Agreement RECOMMENDATION: That the City Council authorize the purchase of the annual maintenance support for the following Accela/Permits Plus Applications: Permits Plus Base, Client Server, Workflow, and Wireless Modules for the total amount of $30,485.24. DISCUSSION: The City has been using Accela for over ten years to centralize and automate its land and permit management activities. With the addition of Accela Wireless, the City powers its inspection teams with mobile technology to shift daily tasks from the office to the field. The Permits Plus Application suite is a Windows-based environment that interacts with Microsoft SOL databases and complies with state and federal regulations. This product is a proprietary application and may only be obtained from Accela, Inc. FISCAL IMPACT: $30,485.24 has been budgeted in the 2005-06 Fiscal Year Budget for the Information Systems Internal Services fund. ATTACHMENTS: Accela/Permits Plus Software Maintenance Agreement AGREEMENT FOR SOFTWARE MAINTENANCE BETWEEN THE CITY OF TEMECULA AND ACCELA, INC. This Maintenance Agreement ("Agreement") is made as of July 1, 2005, by and between the City of Temecula ("City"), a municipal corporation, and Accela, Inc. ("Vendor"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Software Maintenance. On and subject to the terms and conditions set forth in this Agreement and the attached Exhibit A Contract Documents, Vendor agrees to provide to the City Software Maintenance for a period of one (1) year as more particularly described in Exhibit A of this Software Maintenance Agreement, attached hereto and incorporated herein as though set forth in full (hereafter "Software Maintenance"). Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its maintenance obligations under this Agreement. 2. Contract Amount. The Contract Amount which City agrees to pay to Vendor for Software Maintenance is Thirty Thousand Four Hundred Eighty Five Dollars and Twenty Four Cents ($30,485.24) based on the Vendor's price listing Exhibit B to attached hereto and incorporated herein as through set forth in full. The City and Vendor shall negotiate pricing for each additional year based on the number of licenses. 3. ReDresentations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title, License and ODeratina Condition. Vendor is the owner of the Software, and has good and marketable title and license to all of the Software. Vendor is also the only entity who can perform Maintenance of the Software, and associated modules. Vendor shall grant to the City a non-exclusive license to use the Software for the purpose in accordance with the terms and on the conditions set forth in this Agreement. Vendor will provide software maintenance and support to all licensed users of Permits Plus - Base, Office Link, Client Server, Work Flow, and Accela Wireless. In consideration for the software maintenance fee, as outlined in Exhibit B. The City is relying on Vendor's warranties that the Software will be maintained and fit for this purpose and the ordinary purposes for which this Software is normally used. R:/ caseymlpurchasingl contracts/ accelarnntc c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 4. Term. This Agreement shall commence on July 1, 2005, and shall remain and continue in effect until June 30, 2006, unless sooner terminated pursuant to the provisions of this Agreement. 5. Acceptance. Acceptance testing of the maintenance shall be jointly performed by the Vendor and City for the software program described in Exhibit A. 6. Indemnification. Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, damages, costs and liability of any kind or nature which the City, its officers, officials, employees, agents or volunteers 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 or from the Equipment or Vendor's maintenance thereof, excepting only liability arising out of the sole negligence of the City. 7. Contract Documents. a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: Maintenance Agreement attached hereto as Exhibit A. b. Cost per pricing listed on Exhibit B Coo In the event any term or condition of the Contract Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. 8. Remedies. The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 9. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 10. Leaal Responsibilities. The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 11. Assianment. This Agreement may not be assigned by Vendor without the express written consent of City. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. R:/caseym/purchasinglcontractslaccelamntc -2- 12. Severabilitv. If any provIsion of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. 13. Prohibited Interest. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 14. Entire Aareement: Modification: Waiver. This Agreement, constitutes the entire agreement between the parties pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether oral or written. No supplement, modification or amendment of this Agreement or the Contract Documents shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement or the Contract Documents shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 15. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third business day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, or on the first business day after being deposited with an overnight carrier for delivery the next business day, and properly addressed as follows: To Vendor: Accela, Inc. 1731 West Walnut Avenue Visalia, California 93277 City of Temecula 43200 Business Park Drive Temecula, California 92589 Attn: City Manager Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above. To City : 16. Effects of Headinas. The subject headings of the sections and subsections of this Agreement are included for convenience only and shall not affect or be considered in the construction or interpretation of any of its provisions. 17. Governina Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. R:lcaseymlpurchasing/contractslaccelamntc - 3 - 18. Warranty Aaainst ProDriety Infrinaement. Vendor warrants that it is lawfully entitled to provide City with the Software and is therefore, the only Vendor authorized and trained to provide software maintenance, support, and all other materials and configurations referred to in this agreement hereof. Vendor shall indemnify, defend, and hold free and harmless City from and against any and all claims, liabilities and/or judgments based upon or arising out of any allegation that any aspect of the software licensed to City or maintenance performed against software for the City infringes a United States patent, trademark, copyright or other intellectual property or propriety right, or constitutes a misappropriation of a trade secret provided (i) that City promptly notifies Vendor in writing that such claim or suit has been received by the City; (ii) that Vendor has the right to assume the defense of such claim or suit with counsel selected by Vendor and at Vendor's sole cost; (iii) that Vendor receives City's cooperation in the defense of such claim or suit; (iv) that Vendor shall have the right to settle such claim or suit at its expense, and/or procure the right for City to continue to use the software purchased, as well as, procure maintenance and support for said software in such a fashion as to eliminate any infringement or misappropriation, subject to the City's satisfaction, and (v) that Vendor and City shall have the right, in the event that such cure is not reasonably available, to terminate this Agreement, subject to Vendor's refunding seventy-five (75%) of any prepaid maintenance fee's if terminated less than two (2) years of the date of Agreement, and fifty (50%) if terminated between two (2) and five (5) years after date of Agreement. IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on 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 Accela, Inc. 1731 West Walnut Avenue Visalia, California 93277 By: Name: Title: R:/caseym/purchasing/contractslaccelamntc -4- EXHI81T A MAINTENANCE AGREEMENT 1. Parties ACCELA Accela, Inc. 4160 Dublin Boulevard, Suite 128 Dublin, Califomia 94568 Attention: Colin Samuels T: 925.560.6577x192 F: 925.828.6622 e-Mail: csamuels@accela.com CUSTOMER City of T emecula 43200 Business Park Drive T emecula, CA 92590 Attention: Tim Thorson T: 951 3086300 F: 951 3086329 e-Mail: tim.thorson@cityoftemecula.org This Maintenance Agreement ("MA') is intended for the exclusive benefit of the Parties; nothing herein will be construed to create any benefits, rights, or responsibilities in any other parties. 2. Term and Termination 2.1 Term Provided that Customer signs and retums this MA to Accela, together with full payment for all amounts designated in Exhibit A ("Deliverables and Compensation") as "due upon signing", no later than July 1, 2005, this MA is effective as of the Project Completion Date described in the Services Agreement between the Parties and will continue for a period of one (1) year. Should Customer fail to renew its maintenance coverage or pay the applicable fees, Vendor reserves the right to withhold all support. If Customer resumes maintenance coverage after one or more periods without such coverage, will pay all maintenance fees attributable to the period without coverage, as such fees are calculated based upon pricing in effect at the time of resumption of maintenance coverage. 2.2 Termination Either party may terminate if the other party materially breaches this MA and, after receiving a written notice describing the circumstances of the default, fails to correct the breach within thirty (30) days. Upon any termination or expiration of this MA, all rights granted to Customer are cancelled and revert to Accela. 3. Scope of Maintenance 3.1 Maintenance Services 3.1.1 Telephone Support Accela will provide Customer with a telephone number to contact the Customer Resource Center (CRC), Accela's live technical support facility, which is available from 6:00 a.m. until 6:00 p.m. Pacific time Monday through Friday, excluding Accela's observed holidays. 3.1.2 E-Mail Support Accela will provide Customer with one or more electronic mail addresses to which Customer may submit routine or non-critical support requests, which Accela will address during its regular business hours. 3.1.3 Online Support Accela will provide Customer with access to archived software updates and other technical information in Accela's online support databases, which are continuously available. 3.1.4 Remote Supoort When required to property resolve a maintenance request, Accela will provide remote assistance to Customer via the WebEx™ Meeting Center environment or another mutually-acceptable remote communications method. R:/caseym/purchasinglcontractslaccelamntc - 5 - 3.1.5 On-Site Support If Customer does not wish for Accela to resolve its maintenance requests remotely, Accela will provide on-site assistance to Customer at Accela's then-current time- and-materials rates. In addition to these charges, Customer will compensate Accela for associated airfare, lodging, rental transportation, meals, and other incidental expenses as such expenses accrue. 3.1.6 Software Uodates Accela will provide revisions of and enhancements to maintained software products to Customer as such updates are generally-released by Accela. 3.2 Maintenance Limitations 3.2.1 Limitations Generallv The following are not covered by this MA, but may be separately available at rates and on terms which may vary from those described herein: a) Services required due to misuse of the Accela-maintained software products; b) Services required due to software corrections, customizations, or modifications not developed or authorized by Accela; c) Services required by Customer to be performed by Accela outside of Accela's usual working hours; d) Services required due to extemal factors including, but not necessarily limited to, Customer's use of software or hardware not authorized by Accela; e) Services required to resolve or work-around conditions which cannot be reproduced in Accela's support environment; Q Services which relate to tasks other than maintenance of Customer's existing implementation and configuration of the Accela-maintained software products including, but not necessarily limited to, enhancing or adapting such products for specific operating environments; g) Services requested by Customer to implement software updates provided by Accela pursuant to this MA; and h) New or additional applications, modules, or functionality released by Accela during the term of this MA. 3.2.2 Leaacv Releases Accela will provide maintenance support for the current release of each of its maintained software applications and for the release immediately preceding such current release. All other releases are deemed to be "Legacy Releases". Accela will respond to maintenance requests conceming Legacy Releases only using currently-available information. Services requiring additional research, engineering-level support, or coding or programming by Accela are not provided pursuant to this MA, but may be separately available at rates and on terms which may vary from those described herein. 3.3 Warranty Accela will commence and complete the maintenance obligations described in this MA in a good and workmanlike manner, consistent with the practices and standards of care generally-accepted within and expected of Accela's industry, to ensure that the operation of the maintained software products does not materially differ from documented specifications. Accela may make repeated efforts within a reasonable time period to resolve maintenance requests. When a maintenance request cannot be resolved, Customer's exclusive remedy is a refund of the maintenance fees paid to Accela for the defective or non-conforming software products; where this MA has a multi-year term, such refund will comprise the maintenance fees paid to Accela for the defective or non-conforming software products for the twelve (12) calendar months immediately preceding Customer's maintenance request. /I /I /I R:/caseymlpurchasing/contractslaccelamntc - 6 - 3.4 Comoensation 3.4.1 Maintenance Fees In exchange for the Maintenance Services described hereinabove, Customer will pay to Accela upon the occurrence of the billing events described in Exhibit A the amounts designated as 'Maintenance Fees'. 3.4.2 Pavment Tenns Amounts are quoted in United States dollars and do not include applicable taxes, if any. Customer will be responsible for payment of all federal, state or provincial, and local taxes and duties, except those based on Accela's income. If Customer is exempt from certain taxes, Customer will provide Accela with an appropriate certificate of exemption. With the exception of amounts designated in Exhibit A as 'Due Upon Signing', Customer will be invoiced for all amounts as they become due. The payment tenns of all invoices are net thirty (30) days from the dates of the invoices. Any payment not paid to Accela within 30 days of the billing date will incur a late payment fee equal to five percent (5%) of the amount past due and will accrue interest in an amount equal to one-and-a-half percent (1.5%) per month, compounded monthly, on the outstanding balance from the billing date and Accela may, at its sole discretion, suspend its obligations hereunder without penalty until payments for all past-due billings have been paid in full by Customer. 4. Confidentialitv 4.1 Definitions 'Disclosing Party' and 'Recipient" refer respectively to the party which discloses infonnation and the party to which infonnation is disclosed in a given exchange. Either Accela or Customer may be deemed Disclosing Party or Recipient depending on the circumstances of a particular communication or transfer of infonnation. 'Confidentiallnfonnation' means all disclosed infonnation relating in whole or in part to non-public data, proprietary data compilations, computer source codes, compiled or object codes, scripted programming statements, byte codes, or data codes, entity-relation or workflow diagrams, financial records or infonnation, client records or infonnation, organizational or personnel infonnation, business plans, or works-in-progress, even where such works, when completed, would not necessarily comprise Confidentiallnfonnation. The foregoing listing is not intended by the Parties to be comprehensive, and any infonnation which Disclosing Party marks or otherwise designates as 'Confidentiai" or 'Proprietary' will be deemed and treated as Confidential Infonnation. Infonnation which qualifies as 'Confidential Infonnation" may be presented to Recipient in oral, written, graphic, and/or machine-readable fonnats. Regardless of presentation fonnat, such infonnation will be deemed and treated as Confidentiallnfonnation. Notwithstanding, the following specific classes of infonnation are not 'Confidentiallnfonnation" within the meaning of this Section: a) infonnation which is in Recipient's possession prior to disclosure by Disclosing Party; b) infonnation which is available to Recipient from a third party without violation of this MA or Disclosing Party's intellectual property rights; c) infonnation disclosed pursuant to Subsection 4.4 below; d) infonnation which is in the public domain at the time of disclosure by Disclosing Party, or which enters the public domain from a source other than Recipient after disclosure by Disclosing Party; e) infonnation which is subpoenaed by governmental or judicial authority; and fj infonnation subject to disclosure pursuant to a state's public records laws. 4.2 Confidentialitv Tenn The obligations described in this Section commence on the Effective Date and will continue until two (2) years following any tennination or expiration of this MA ('Confidentiality Tenn'). 4.3 Confidentialitv Obliaations During the Confidentiality Tenn, Recipient will protect the confidentiality of Confidential Infonnation using the same degree of care that it uses to protect its own infonnation of similar importance, but will in any case use no less than a reasonable degree of care to protect R:/caseym/purchasing/contractslaccelamntc - 7 - Confidentiallnfonnation. Recipient will not directly or indirectly disclose Confidentiallnfonnation or any part thereof to any third party without Disclosing Party's advance express written authorization to do so. Recipient may disclose Confidential Infonnation only to its employees or agents under its control and direction in the nonnal course of its business and only on a need-to-know basis. In responding to a request for Confidentiallnfonnation, Recipient will cooperate with Disclosing Party, in a timely fashion and in a manner not inconsistent with applicable laws, to protect the Confidential Infonnation to the fullest extent possible. 4.4 Publicity During the tenn of this MA, including the tenn of any amendment hereto, Accela may publicly disclose its ongoing business relationship with Customer. Such disclosures may indicate Customer's identity and the Accela product(s) and services provided or contracted to be provided to Customer, but may not expressly or impliedly indicate Customer's endorsement of Accela's products or services without Customer's prior written authorization. 5. Other Tenns and Conditions 5.1 Customer Obliaations As required, Customer will provide Accela with appropriate access to Customer's facilities, data systems, and other resources. If Security restrictions impair such access, Customer acknowledges that some maintenance services hereunder may not be provided to Customer. It is Customer's sole responsibility to maintain current backup copies of its data and of its implementation of Accela's software products. If Customer's faiiure to create proper backups substantially increases the difficulties of any remedial actions by Accela hereunder, Accela reserves the right to charge Customer for any extra work reasonably-attributable to such increased difficulty, as calculated at Accela's then-current time-and-materials rates. 5.2 Proorietarv Riahts The remedial methods, software updates, and product infonnation provided to Customer pursuant to this MA are protected under the laws of the United States and the individual states and by intemational treaty provisions. Accela retains full ownership in such items and grants to Customer a limited, nonexclusive, nontransferable license to use the items, subject to the tenns and conditions of this MA and other agreements between Accela and Customer. 5.3 Limitation of Liability Accela provides no warranty whatsoever for any third-party hardware or software products. Third-party applications which utilize or rely upon the Application Services may be adversely affected by remedial or other actions perfonned pursuant to this MA; Accela bears no liability for and has no obligation to remedy such effects. Except as set forth herein, Accela provides all Application and Professional Services 'as is' without express or implied warranty of any kind regarding the character, function, capabilities, or appropriateness of such services or deliverables. To the extent not offset by its insurance coverage and to the maximum extent pennitted by applicable laws, in no event will Accela's cumulative liability for any general, incidental, special, compensatory, or punitive damages whatsoever suffered by Customer or any other person or entity exceed the fees paid to Accela by Customer during the twelve (12) calendar months immediately preceding the circumstances which give rise to such claim(s) of liability, even if Accela or its agents have been advised of the possibility of such damages. 5.4 Force Maieure If either party is delayed in its perfonnance of any obligation under this MA due to causes or effects beyond its control, that party will give timely notice to the other party and will act in good faith to resume perfonnance as soon as practicable. 5.5 Disoute Resolution This MA is govemed by the laws of the State of Califomia. Any controversy or claim arising out of or relating to this MA, or the breach thereof, will be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including the Emergency Interim Relief Procedures, and judgment on the award rendered by the arbitrator may R:/caseymJpurchasinglconlractslacceJamntc - 8 - be entered in any court having jurisdiction thereof. The place of arbitration will be Santa Clara County, California. Either party may apply to the arbitrator for injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under this MA, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the arbitrator's determination of the merits of the controversy. Each party wili initially bear its own expenses and an equal share of the costs of the arbitration, but the prevailing party may be awarded its expenses, reasonable attorneys' fees, and costs. The failure of either party to object to a breach of this MA will not prevent that party from thereafter objecting to that breach or any other breach of this MA. 5.6 Assianment Accela may assign its rights and obligations hereunder for purposes of financing or pursuant to corporate transactions involving the sale of all or substantially all of its stock or assets. Accela may subcontract with qualified third parties to provide portions of the Professional Services described hereinabove. 5.7 Survival The following provisions will survive the termination or expiration of this MA: Section 2.1 ('Term"), as to Customer's obiigation to pay any fees associated with a lapse in maintenance coverage upon resumption of such coverage; Section 3.3 ("Warranty"), as to limitation of remedy; Section 3.4 ('Compensation") and all subsections thereof, as to Customer's obligation to pay any fees accrued or due at the time of termination or expiration; Section 4 ('Confidentiaiity") and all subsections thereof; Section 5.2 ('Proprietary Rights'); Section 5.3 ('Limitation of Liability); Section 5.5 ('Dispute Resolution"); Section 5.6 ("Assignment"); Section 5.7 ('Survival"); and Section 5.8 ('Severability and Amendment"). 5.8 Severability and Amendment If any particular provision of this MA is determined to be invalid or unenforceable, that determination wili not affect the other provisions of this MA, which wili be construed in all respects as if the invalid or unenforceable provision were omitted. No extension, modification, or amendment of this MA wili be effective unless it is described in writing and signed by the Parties. ACCELA CITY OF TEMECULA By: By: (S~nature) (Signature) (Print Name) (Print Name) ~ ~ (TWe) (Title) Dated: (Monlh. Day. Year) Dated: (Monlh, Day. Year) Exhibit Follows. END OF DOCUMENT R:/caseym/purchasingtcontractslaccelamntc - 9 - EXHIBIT A - Deliverables and Compensation I ADDlication User Licenses I Maintenance Fees I I $ Total of Maintenance Fees $ END OF DOCUMENT , , , , R:/caseymlpurchasing/contractslaccelamntc - 10- ! <J\CCELN Government Software EXHIBIT B Quote May 26, 2005 Accela contact: Temecula, CA Attn: Controller Director of IS P.O. Box 9033 Temecula, CA 92589-9033 Priscilla Holford Accounts Receivable Tel: 925 560 6577. ex!. 185 Fax: 925 560 0061 pholford@accela.com Accela Software Maintenance and Support Services The fOllowing quote for your Accela software maintenance and support services is for the period of: 7/1/05 - 6/30/06 Product Line: Permits Plus Permits Plus Base Permits Office Link Permits Work Flow Client Server Accela Wireless Existing No. , , of Users 25 25 25 25. 10 Amount $9.716.00 $853.00 $11 Total Maintenance and~.I:lp~ort Fees: Sales Tax TOTAL QUOTE: $29,348.00 - ._._------ $1.137.24 $30,485.24 NOTE: This quote will change if additional user licenses or peripheral products are purchased after the date of this quote. An invoice will be sent to you in advance of the start of the maintenance and support period. The invoice must be paid before that date to avoid cancellation of your maintenance and support services. Agency Acknowledgement Please check one of the boxes below and fax to (925) 560-0061, AUn: Priscilla Holford , ~I ~g~nOW~ledge receipt of this quote and a9ree to pay for the mainlenance and support agreement with Accela by July 1, . ~ S/3I/oS-' Sig Date' , . L ...J~I ?,~ .h~6Z.Ec'l"'"""~ Printed Name Title Corporate Headquarters: 4160 Dublin Blvd., Suite 128, Dublin. CA 94568 Tel: 925 560 6577 Fax: 925 560 6570 ITEM 9 APPROVAL CITY A HORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT DATE: City Manager/City Council Jim Domeno~ief of Police June 14,2005 TO: FROM: SUBJECT: Purchase of Police Motorcycles PREPARED BY: Heidi Schrader, Management Analyst RECOMMENDATION: Thatthe City Council approves the purchase of two 2006 Harley-Davidson FLHPI Road King Police Motorcycles from Quaid Harley-Davidson for a total amount of $46,131.14. BACKGROUND: With the annexation of Redhawk, the CityofTemecuia's population will be increasing dramatically. In order to meet the increased traffic demands of our growing City, the Police Department has added two new motorcycle officer positions. In order to outfit these officers, we will need to purchase two new Harley-Davidson motorcycles equipped with new police packages (lights and siren). Requests for bid were sent out to eight Harley-Davidson dealers in the area on April 13, 2005. Quaid Harley-Davidson was the only vendor to respond to the bid. Their quote is reasonable, and includes a 15% discount on service parts, as well as the opportunity to sell these motorcycles back in three years. There is no buyback option on this transaction as these two motorcycles will not be replacing existing vehicles. The following table is a breakdown of the Quaid Harley-Davidson bid: Vendors Quaid Harley-Davidson Purchase Price $17,379.74 Police PackaQe $4,026.82 Sales Tax $1,659.01 Total Cost $23,065.57 The cost to the City for the two new motorcycles is $46,131.14. FISCAL IMPACT: Adequate funds exist within the 2004-05 Police Department budget to make this purchase (001-170-999-5610) ITEM 1 0 CITY ATTORNEY DIRECTOR OF Ii MANAGER CITY CITY OF TEMECULA AGENDA REPORT FROM: City Manager/City Council '^ ,AI Howard Windsor, Fire Chief ~ June 14th, 2005 TO: DATE: SUBJECT: Purchase of one (1) Type I Fire Engine Prepared by: Howard Windsor, Fire Chief RECOMMENDATION: That the City Council: 1. Approve the purchase of a Type-I Fire Engine from Smeal Fire Apparatus Company, for $341,382.17. 2. Approve an appropriation of $11.383.00 from DIF Fire Mitigation. DISCUSSION: Since the City of Temecula's incorporation, the Department of Forestry and Fire Protection and Riverside County Fire Department, through a Cooperative Fire Protection Agreement, have provided the City's Fire Protection/EMS services. Although the initial capital outlay for new fire engine purchases is required by the City, replacement of certain fire protection equipment is provided through the indirect service costs as part of the integrated services agreement. The City currently has four-Type I Fire Engines that serve the front-line response needs from each of the four existing fire stations. With the recent approval of the Roripaugh Ranch development, a new fire station is being constructed, to meet the increased service demands within this area of the City. The opening of this fire station will require that a fifth fire engine is added to meet the City's fire engine requirements for five fire stations. To secure the best possible price an Invitation to Bid was initiated by Riverside County Fire Department through Riverside County GSA Purchasing. After sending out the RFQ to twenty- three known vendors throughout the country, the Bids were evaluated by County Purchasing staff for adherence to specifications and all requirements of the RFQ. The final two vendors were KME Fire Apparatus and Smeal Fire Apparatus. Riverside County GSA Purchasing determined that Smeal Fire Apparatus met the bid standards of Riverside County Fire Department and recommended award of the bid to Smeal Fire Apparatus. During the first part of 2003, Smeal Fire Apparatus was awarded the bid. Since this time, the county and other contract cities in need of adding or replacing fire engines have purchased through this RFQ (approximately 35 units). R\Fire Manallement\ContractslExpire 2005\Roripaugh Fire Engine Purchase 2005 Staff Report.doc Smeal Fire Apparatus has agreed to extend the bid to the City of Temecula with a small increase based on the structure of the bid abstract within the agreement. The cost of the unit is $341,382.17. The terms of this agreement are good through December 31, 2005. Smeal fire Apparatus current delivery time is approximately 6-9 months. FISCAL IMPACT: The Fiscal Year 2004-2005 Capital Improvement Budget includes a budget of $330,000.00 from DIF Fire Mitigation. An additional appropriation of $11.383.00 is required from DIF Fire Mitigation to fully fund this purchase. Attached: City Purchase Agreement with Smeal Fire Apparatus. RIFire Mallagement\ContractslExpire 2005\Roripaugh Fire El'lglne Purchase 2005 Staff Report.doc CITY OF TEMECULA PURCHASE AGREEMENT SMEAL FIRE APPARATUS COMPANY TYPE I FIRE ENGINE This Purchase and Installation Agreement ("Agreement") is made and entered into as of June 30, 2005 by and between the City of Temecula ("City"), a municipal corporation, and Smeal Fire Apparatus Company ("Vendor"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purchase and Sale of Eauipment. On and subject to the terms and conditions set forth in this Agreement and the Contract Documents, Vendor agrees to manufacture, sell and deliver to the City a Smeal Type-I Fire Engine as more particularly described in Exhibit A, Specifications, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment"). 2. Purchase/Installation Price. The Purchase and Installation price which City agrees to pay to Vendor for the Equipment, Service and Instailation is Three Hundred forty one thousand three hundred eighty two dollars and seventeen cents. ( 341,382.17). The Purchase price is final and shall be paid by City to Vendor within 30 days of receipt of invoice and acceptance by the Riverside County, City of Temecula, and Fire Department. 3. Scope of Work. Vendor shail manufacture and instail the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A ('Work"). Vendor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shail not commence the Work until such time as directed by the City. 4. Representations and Warranties of Vendor. Vendor makes the foilowing representations and warranties to City: a. Authoritv and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery, instailation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. - 1 - P:\AGREEMENTS\EQUIPMENT AND INST ALLA TlONOl b. Title and ODeratinQ Condition. Vendor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges. charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects. and are in conformity with the specifications, descriptions, representations and warranties set forth in the Contract Documents. Vendor is aware the City is purchasing the Equipment for use as Paramedic Squad body to City supplied Vehicle cab and chassis and that City is relying on Vendor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain or will contain any untrue statement of a material fact. or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. Performance. Vendor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its obligations under this Agreement. 6. Citv Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 7. Time of Deliverv. The date and time of delivery of the Equipment shall be approximately 360 days from receipt of Contract by the Vendor. 8. Place of Deliverv. The Equipment shall be delivered to this location: Fire Station 95, 32131 South Loop Road, Temecula CA 92591 9. Reiection. In the event of such notice of non-conformity by City pursuant to Section 6, City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. - 2- P:\AGREEMENTS\EQUIPMENT AND lNST ALLA TIONO! 10. No Replacements of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 11. Indemnification. Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees, 'agents and volunteers from and against any and all claims, demands, losses, damages, costs and liability of any kind or nature which the City, its officers, officials, employees, agents or volunteers 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 or from the Equipment or Vendor's maintenance thereof, excepting only liability arising out of the sole negligence of the City. 12. Contract Documents. a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: (1) Type I Fire Engine Specifications, attached hereto as Exhibit A; (2) Vendor's Proposal Sheet dated June 1, 2005, attached hereto as Exhibit B. b. In the event any term or condition of the Contract Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the RFP and/or the Vendor's response to the RFP, this Agreement shall prevail over the RFP and the Vendor's Response to the RFP, and the RFP shall prevail over the Vendor's Response to the RFP. 13. Default of Vendor. a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Vendor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Vendor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it shall not be considered a default. b. If the City Manager or his delegate determines the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Vendor with written notice of the default. The Vendor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Vendor 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. - 3- P:\AGREEMENTS\EQUIPMENT AND INST ALLA TIONO! 14. Liabilitv Insurance. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and Omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City. its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. - 4- P;\AGREEMENTS\EQUIPMENT AND INST ALLA TIONOI d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain. the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided. canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. AcceDtabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coveraae. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 15. Survival of ReDresentations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. - 5 - P:\AGREEMENTS\EQUIPMENTAND INSTALLATIONOI 16. Leaal Responsibilities. The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 17. Prohibited Interest. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof. the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. Independent Contractor. Vendor 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 the Vendor shall at all times be under the Vendor's exclusive direction and control. Neither the City nor any of its officers, employees, agents or volunteers shall have control over the conduct of the Vendor or any of the Vendor's officers, employees, agents or volunteers except as set forth in this Agreement. Vendor 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 of Temecula. Vendor shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind the City in any manner. 19 Assianment. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 20. 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: To Vendor at: Smeal Fire Apparatus P.O. Box 8 610 W. 4th Snyder, Ne. 68664 To City at: City of Temecula 43200 Business Park Drive Temecula, California 92589 Attn: City Manager -6- P:\AGREEMENTS\EQUIPMENTAND INSTALLATlONOI 21. GoverninQ Law. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior or federal district court with jurisdiction over the City of Temecula. 22. Entire AQreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement 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. 23. Authoritv To Execute This AQreement. The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on 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 -7 - P;\AGREEMENTS\EQUIPMENT AND INST ALLA TIONO 1 P:\AGREEMENTS\EQUIPMENT AND lNST ALLA TIONO! Vendor Smeal Fire Apparatus P.O. Box 8 Snyder, Ne. 68664 By: Title: By: Title: Two Signatures Required for Corporations - 8 - EXHIBIT A Type-I Fire Engine All work is to be in accordance with the attached proposal and specifications attached hereto and incorporated herein. - 9- P;\AGREEMENTS\EQUIPMENTAND INSTALLATIONOl EXHIBIT B See Smeal Fire Apparatus Company Proposal Sheet -10 - P:\AGREEMENTS\EQULPMENTAND INSTALLATIONOI SMEAL FIRE APPARATUS CO. I -" Ip.O. Box 8 610W. 4'" Snyder. Nebraska 68664 USA (402) S68-2224 FAX (402) S68-2346 PROPOSAL FOR FIRE APPARATUS Date: June 1, 2005 TO CITY OF TEMECULA TEMECULA, CA Dear Sirs: We hereby propose and agree to fumish, after your acceptance of this proposal and the proper execution and approval of the accompanying contract, the following apparatus and equipment: One (1) New 2005 Smeal Custom 1500 GPM Multi-Functional Engine with Spartan Sierra SMFD Custom Chassis as per RCFD Order Specifications with agreed changes. Payment Terms: The chassis shall be payable immediately upon receipt of invoice in the amount of $131,744.00 and the balance shall be payable upon delivery and acceptance by RCFD. The apparatus shall be delivered FOB: Temecula CA and the Califomia State Tax shall be payable by the purchaser. All of which are to be built in accordance with the Smeal proposed specifications attached, and which are made a part of this agreement and contract, to deliver same 270-300 calendar days after date of receipt and approval of contract, property executed, subject to all causes beyond our control, for the sum of: Three Hundred & Sixteen Thousand Eight Hundred & Twenty Eight and No Cents dollars ($ 316,828 ) F.O.B. Snyder, NE The amount named in this proposal shall remain firm for a period of 1.Q..... days from the date of same. All state, federal and local taxes are not included above. Any applicable taxes are to be paid by customer upon registration and licensing of vehicle. Respectfully submitted, SMEAL FIRE APPARATUS CO. We agree to accept the above proposal: Date: Date SALES FORM 8021 REVISED 10126/00 ITEM 11 . APPROVA~ CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER c&J -' CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: June 14, 2005 SUBJECT: Voter Approved Measure C Annual Special Tax Levy PREPARED BY: Barbara Smith, Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2005-2006 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS BACKGROUND: Beginning Fiscal Year 1997 -98, the Community Services, Parks and Recreation and Arterial Street Lighting Rates and Charges previously levied by the TCSD were replaced by the City of Temecula's Parks/Lighting Services special tax approved by the voters as Measure C on March 4, 1997. The purpose of the Parks/Lighting Services special tax is to provide for the ongoing operations, maintenance, and servicing of the City's public park and recreation facilities, recreational and human services programs, median landscaping, arterial street lights and traffic signals. The Parks/Street Lighting Services special tax is levied in the same manner, at the same time as the TCSD Rates and Charges, and collected on the annual property tax bill for Fiscal Year 2005-2006. The maximum annual tax has been established at $74.44 per single-family residential dwelling unit; $55.84 per multi-family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in a non-residential zone, $446.64 per acre of non- residential improved property, $148.88 per acre of golf course property, and $37.22 per acre for agricultural uses. rR:\SMITHB\Assessments\05-06 Assessment\Special Tax-Staff Report.doc For Fiscal Year 2005-2006, the total proposed operating budget for parks, recreation, medians, and arterial street lighting services is $9,524,705. The total possible revenue received at the current rate from all taxable parcels within the City for Fiscal Year 2005-2006 is $2,999,478. The difference in operating costs over levy revenue is offset by recreational revenues, user fees and REST Program contributions. Pursuant to City Ordinance 96-21, the City Council is also empowered to establish the amount of the tax levy each fiscal year, approved by the voters, not to exceed the maximum tax rates identified above. As a result, it is recommended that the amounts to be levied as a special tax for Fiscal Year 2005-2006, be less than the maximum amounts established by City Ordinance No. 96-21, in the following manner: $ 63.44 per single family residential dwelling unit $ 47.58 per multi-family residential dwelling unit $ 126.88 per acre of vacant property in a residential zone $ 253.76 per acre of vacant property in a non-residential zone $ 380.64 per acre of non-residential improved property $ 126.88 per acre of golf course property $ 31.72 per acre of agricultural property In keeping with the City Council's continued practice of trying to reduce fees to our property owners whenever possible, and even though it is allowable for the City Council to approve this year's Special Tax at the maximum rate, the above recommended Special Tax is a $11.00 per equivalent benefit unit (EBU) savings from the maximum rate of $74.44 per EBU. In addition, this will be the ninth consecutive year that the Revenue Excess Sharing in Temecula (REST) program has contributed to the overall reduction in the rates for parks, recreation, and street lighting services. FISCAL IMPACT: The Special Tax levy at the proposed rates will generate $2,999,478.28. The remaining funds necessary to complete the Parks/Lighting Services budget will be derived from recreation revenue, user fees, and general fund contributions. ATTACHMENTS: 1. Resolution to Levy Special Tax. rR:\SMITHB\Assessments\OS-06 Assessment\Special Tax-Staff Report.doc RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2005-2006 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Pursuant to the authority of Article XI, Section 7 of the California Constitution, Government Code Section 37100.5, and other applicable law, the City Council adopted, and the voters of the City of Temecula approved, Ordinance No. 96-21, levying and assessing a special tax on each parcel of property in the City of Temecula for each fiscal year, commencing with fiscal year 1997-98. Section 2. The maximum amount of said special tax for each fiscal year as established by Ordinance No. 96-21 is $74.44 per single-family residential dwelling unit, $55.84 per multi-family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in a non-residential zone, $446.64 per acre of non-residential improved property, $148.88 per acre of golf course property, and $37.22 per acre for agricultural uses. Section 3. Pursuant to Ordinance No. 96-21 the City Council is empowered to establish the amounts of the special tax levy annually each fiscal year, in amounts not to exceed the maximum amounts specified in Section 2 of this Resolution, as is required to provide an adequate level of service in accordance with the purposes set forth in the Ordinance. Section 4. The City Council hereby determines that the following amounts are required to provide an adequate level of service in accordance with the purposes set forth in Ordinance No. 96-21, and hereby establishes the following amounts to be levied as a special tax for fiscal year 2005-2006, which amounts are less than the maximum amounts established by Ordinance No. 96-21 and approved by voters: $ 63.44 per single-family residential dwelling unit $ 47.58 per multi-family residential dwelling unit $126.88 per acre of vacant property in a residential zone $253.76 per acre of vacant property in a non-residential zone $380.64 per acre of non-residential improved property $126.88 per acre of golf course property $ 31.72 per acre of agricultural property Section 5. The special tax shall be collected in the same manner, on the same dates, and shall be subject to the same penalties and interest as other charges and taxes fixed and collected by the County of Riverside on behalf of the City of Temecula. Said special tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and said special tax, together with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the City of Temecula by the persons who own the parcel on the date the tax is due. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, R:\SMITHB\Assessments\05-06 Assessment\Special T ax-Reso.doc 06/10/03 correction, cancellation, refund and redemption, are applicable to the special tax, except for California Revenue and Taxation Code Section 4831. Section 6. The revenue raised by the special tax shall be placed in a special fund to be used only for the purposes of financing recreational and human services programs, and the operation, maintenance, and servicing of public parks and recreational facilities, median landscaping, arterial street lights and traffic signals throughout the City of Temecula and administrative expenses incurred by the City in connection therewith. Section 7. The special tax shall not be imposed upon a federal or state governmental agency or another local governmental agency or upon any parcel of property that is exemptfrom the special tax imposed by this ordinance pursuantto any provision of the Constitution or any paramount law. Section 8. The City Clerk is hereby ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, California before August 10, 2005, the property tax roll with the special tax enumerated for each parcel not exempt therefrom; and the County Auditor is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of such special tax as shown on that roll and to perform any and all duties necessary therefor. Section 9. If a property owner subject to the special tax challenges or questions the levy of the special tax against such property owner's property, such property owner must appeal the levy by filing an appeal with the City Clerk before 5:00 p.m. on December 1, 2005, pursuant to procedures established by the City. Section 10. If a property owner subject to the special tax believes that payment of the special tax for fiscal year 2005-2006 would create a hardship for that property owner during that fiscal year, such property owner must appeal the levy by filing a hardship appeal with the City Clerk before 5:00 p.m. on December 1, 2005, pursuant to procedures established by the City, in order to be considered under the hardship appeal program. Section 11. If any provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this Resolution are declared to be severable. The City Council does hereby declare that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, part or portion thereof. irrespective of the fact that anyone or more sections, subsections, clauses, phrases, parts or portions hereof are declared invalid or unconstitutional. Section 12. The City Clerk shall certify to the adoption of this Resolution. R:\SMITHB\Assessments\05-06 Assessment\Special Tax-Reso.doc PASSED, APPROVED AND ADOPTED by the City Council of the City ofTemecula this 14th day of June 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC/AAE City Clerk/District Secretary [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution No. 05- _ was duly adopted by the City Council of the City of Temecula at the regular meeting thereof, held on the 14th day of June 2005, by the following vote of the City Council: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS COUNCIL MEMBERS ABSTAIN: R:\SMITHB\Assessments\OS.06 Assessment\Special Tax-Reso.doc ITEM 12 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/Cit;1~ouncil Debbie ubnoskkb~or of Planning DATE: June 14,2005 SUBJECT: Agreement for Architectural Consulting Services Between the City of Temecula and Roger Cantrell PREPARED BY: Don Hazen, Principal Planner RECOMMENDATION: That the City Council: 1. Approve a Contract with Roger Cantrell for architectural plan review services in the amount of $109,000.00. 2. Approve a contract contingency of 10% or $10,900.00. BACKGROUND: On January 25, 2005, the City Council approved a contract with Roger Cantrell for architectural review services for the remainder of Fiscal Year 2004-05, and adopted a new application fee schedule to offset the cost of those services. The contract stipulated that the City could, upon mutual agreement, extend the contract for three (3) one (1) year additional terms. The services provided by Roger Cantrell have greatly benefited staff and the Planning Commission in the review of planning applications, and staff recommends granting another one-year contract in the amount of $119,900.00 (including 10% contingency). The applicant agrees with the terms of the current contract and his fees for services will not change with the new contract. FISCAL IMPACT: Payments to the consultant will be paid from the Planning Department budget and adequate funds have been included in the FY 2005-06 Operating Budget. All consultant fees will be paid by applicants and deposited into the City's General Fund in accordance with the approved fee schedule shown in Attachment "B" of the contract. ATTACHMENT: City of Temecula Agreement for Consulting Services (Architectural Plan Review) R: \Contracts\Roger Can trell\councilrpt -con tract(2005 -06) .doc AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND ROGER CANTRELL (ARCHITECTURAL PLAN REVIEW) THIS AGREEMENT is made and effective as of July 1, 2005, between the City of Temecula, a municipal corporation ("City") and Roger Cantrell ("Consultant"). In consideration ofthe mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2005, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2006, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) one (1) year additional terms. If contract is extended beyond the original term, contract price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 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 attached Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, performs all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Nineteen Thousand Nine Hundred Dollars and No Cents ($119,900.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement but in no event shall the total sum of the agreement exceed one hundred R:\Contracts\Roger Cantrel1\Canb'ell.2005-Q6,doc nineteen thousand nine hundred dollars ($119,900.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 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 identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its R:\Contracts\Roger CantreJl\Cantrell.2005-06.doc 2 designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 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 ScoDe 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 endorsementto 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. 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 limitis used, either the general aggregate limit shall apply separately to this R:\Contracts\Roger CantreIl\Cantrell.2005-06.doc 3 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 Insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City that it has no employees and that it will obtain the required Workers Compensation Insurance upon the hiring of any employees.) 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 insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this dause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. R:\Contracts\Roger Cantrell\Cantrell.2005-06.doc 4 e. AcceDtabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraae. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be'received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 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 byfailure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery R:\Contracts\Roger Cantrell\Cantrell.2005-Q6.doc 5 request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant:. Roger Cantrell P.O. Box 1218 Studio City, CA 91604 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. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree thatthe laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement. the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City ofTemecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year R:\Contracts\Roger Cantrell\Cantrell.2005.06.doc 6 thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney R:\Contracts\Roger CantreJl\Cantrell.200S-06.doc 7 R:\Contracts\Roger CantreII\Cantrell.2005-Q6.doc CONSULTANT Roger Cantrell P.O. Box 1218 Studio City, CA 91604 By: Name: Title: By: Name: Title: 8 EXHIBIT A TASKS TO BE PERFORMED Roger Cantrell ("Consultant") and City Staff ("City") will perform the following tasks pursuant to the terms of this Contract: 1. City staff will mail via first class postage to Consultant, one (1) full-size set of blueprints for each projects for review, containing at a minimum, site plan, elevations, and grading plan; and via e-mail, City staff will deliver to Consultant electronic files of same prints in a format mutually acceptable to City and Consultant. 2. Consultant will review plans and prepare written analysis, including, but not limited to an assessment of whether the plans conform with the City's adopted Design Guidelines, Development Code, and General Plan; recommendations on how the plans should be revised to achieve, or improve consistency with said City documents; and any other comments/illustrations Consultant deems necessary to effectively perform his tasks as contracted. The written analysis will be sent to designated City representatives via e-mail, no later than fourteen (14) days from receipt of e-mailed plans from City, and followed up by a written "hard copy" letter mailed first class postage. 3. Consultant will participate in professional discussions of plans with City staff and applicants on an "as-needed" basis by various means of communications, including e-mail, telephone conference calls, and the occasional attendance at meetings in person. However, City will strive to minimize the number of occurrences requiring personal attendance and will attempt to exhaust all other methods of communication before requesting personal attendance by Consultant. The incidental costs associated with communicating with the City and/or applicants during the course of performing the r'lquired tasks outlined in this contract shall be borne entirely by the Consultant, unless alternative arrangements are pre-authorized by the City. R:\ContractsIRoger CanlreUlCaolrell.200S-06.doc EXHIBIT B PAYMENT RATES AND SCHEDULE 1. Consultant agrees to perform services stipulated by this contract based on the amount of $0.05 Der oross souare footaoe of all proposed buildings shown on plans forwarded for review and analysis. 2. In the case of single-family residential Product Reviews, the $0.05 rate shall be computed based on the total gross square footage of each model/elevation being proposed. For example, if a 1 OO-Iot residential Product Review application is comprised of three elevations of a Model One, three elevations of a Model Two, and three elevations of a Model Three, the payment rate is based on the gross square footage of all nine model types. 3. All incidental costs to Consultant associated with performing the stipulated tasks of this contract (i.e. telephone bill, computer, travel eApenses, duplicating costs, etc.) shall be assumed to be built-in to the approved paymenl rate, unless alternative arrangements are. pre-authorized by the City. R:\Contracts\Roger CanlreIl\Cantrell.200S-06.doc ~RECEIVEO:. 6/ 1/05 8:50AM; ~>CITY OF TEMECUL.A; "214; PAGE 2 08/01/2005 08:43 FAX 8185570102 "oouc" (818) 843-8600 Flinders Insurance Agency, 550 S. Glenoaks Blvd. 1'.0. !lox 510 Burbank INSUReD Cantrell, 1',09"8" P.O. !lox 1218 ACORD,.. StUdio Cit FLINOERS INSURANCE III 002/002 CERTIFICA TE OF LIABILITY INSURANCE ~~TI~7'o= THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIPICATE DOES NOT AMEND~ EXTEND OR ALTI!R HI! COVI!RAGI! APPORDI!D BY THI! POUCI~S BELOW. Inc. CA 91503- CA 91604- INSURERS APPORDING COVERAGE IHSU'" A DIAMOND STATE INSURANCE e INSUReR C I HSUAI!!R' NAIC# ~OVERA"ES YHe POLICies 0' INSURANce LISTeD BeLOW HAVe BeeN IssueD TO THE INsu'eD NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT'MTHSTANDINI'l ANY REQUIREMENT. TERM 0' CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH YHIS CER'1'1",CATI MAY BIlISSUED OR MAY PERTAIN. THE INSURANce A"ORDeo By THE POLICIES DESCRIBED HEREIN IS SUBJeCT TO ALL TI1E TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IN&R I~~c;~ POUCY HUMBIR :A1e~::::8~~ P~~.EXJ,'RA~H LIMIT> LT lV'S OP INSURANce OA (M 100 A X J!!HBR"L UAIIUlY / / / / I.~mt.r^' , 1,000,000 Jf j"'MERCIAL GeNI!RAl LIMIUTY I ~CIIl , 50,000 - CLI\IMS MACE 0 OCCUR I,7171341-1 06/25/2005 06/25/2006 MSD SXP---;-An" 0 \D ....rlOIl' . 5 000 PorASONAL I ADV INJURV . 1,000,000 / / / / GIiNEfU.LAGGR'GAT' . 1,000,000 -ii'\' AGO:nE ~::'I~ nes peR. / . t".^MPIOP AGO . X POLICY JE~T LOC / / / ~TOMOlllE LIARIU'l"'( / / / / COMBINIC SINC~LE;: LIMIT IEI8OCldll'lt) , "- ANY AUTO >-- ALL OWN'C AUTOS / / / / 1I001L Y INJURY IPerperlOn) , >-- SCI-IF.DVL!.O AUTOS I"- HIRED ^UTOS / / / / eOCIL Y I,...URY (PllrllcCIdOnll . '-- NOH-O~EO AUTOS '-- / / / / PROPERTY DAMAGE (P,rlll;Ciclt''lI) . ~.... UASlm, AUTO ONL V -1,1, ACCIDENT , MY AUTO / / / / onlfA: 'T'I-W' ."CC . AUTO ONLY' AM I :J~'$IUMiRIL.1.A I.IABllITY / / / / EACH ...,....'JARFNCe , OCCUR 0 CLAIMS MADe A . , =i ~EOUC"BLE / / / / , ReTENTION S ~I"l~" WORKERS CQMPlii,.,IAnON A.ND / / / / IM~LOYER&' UABILllY A~ PROPRlnO~I~.ARTfIEflJEXECUTIVE~ ;: I. e..c'" ACCIDENT . OFFIC!R.:MEMB!R EXCLUDED? / / / / E:L DISEAse.li., SUP' ^VlI~I, /f~..,:le=:nDeUI'\CII( EL DIS..... 'OLlCY LIMIT I, R aCl.o.L PR,OVISIONS balow OTHSR / / / / . / / / / / / / / geeeRIPnON 011' OPERATlONSII.OeATIONSNEl-lfCLES,EXCl.U8IONS AOOIlO DVGNoOR8ifotINT78PiClAI. PItDVlS,Otoli ADCITIONAL INSURED IS:CITY OF TEMECUL1, SRALL BE COVERED AS ACO%~IONAL INSURlD .lTH RESPECT TO THE WORK OR O.ZRATIONS PElU'ON1!t:1 E1:t OR 8EHALi' or 'tHE CONSULTJ.NT. 10 OAY NOTICE OF CANC!::LLATION FOJ\ NONPAYMENT or PJ\!MXtM cx. 248 IU-aS) 1'0"" ATTACHErJ CERTIFICATE HOLDER (951) 694-6400 Drive CA 92590- CANCELLATION 'HOlJI.O AtN 01' THI AHOVIE gESeRIBlD "OUCIJle II OANCl!l.LltI HEFOf\i THE &XPIR,.t.TlON gAT. THERBOfl', THE ISSUING 1,.'UAER WILL INOC..VOR TO MAll 1L DAYS WRITTeN hOTlCE TO THE CCATlFlC,,1'& .,OLoER NAMEO TO 'THE LIiPT, SUT f1AIWA. TO DO 80 SHALL IMPOBI! NQ OBUOATION OR LlABfLtTV OP AtN KIND UPOt4 'HI INtVRI. IT OlNTI OR RE!P~IIINT"'"MVI'. ORlflO ItlPRIl:811NTAml Ci ty of l'emecula Atm: Don Hazen 43200 Su.1ness I'ark TQllIecula ACORD 2S (2001/08) fie. ,- IN5028 '.'08).' I!> ACORD CORPORATION 1988 Pea.' 012 !L;:CTRONIC lASEA fl'CAMS, INC .IIOOj327-0545 ..----....- -..- . . . ,,--..... -- -.-...---.. - - - 06/01/2005 06:44 FAX 8185570102 FLINDERS INSURANCE filj001/001 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. A statement on this certlflcele does not confer rig hiS to the certificete holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on lhls certificate does oot confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing Insurer(s), authorized representallve or producer, and the certificate holder, nor does It effirmatively or negalively amend. extend or alter the coverage afforded by the policies Ilsled thereon. ACORD 25 (2001/08) e, ..: INS025 (Cle8) 05 Pll9Uot2 ITEM 13 CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT FROM: City Manager/Ctr~cil Debbie Ubno~ Director of Planning TO: DATE: June 14, 2005 SUBJECT: Agreement for Telecommunication Facilities Application Review Consulting Services between the City of Temecula and Kramer.Firm, Inc. PREPARED BY: Don Hazen, Principal Planner RECOMMENDATION: That the City Council: 1. Approve a Contract with Kramer.Firm, Inc. for telecommunication application review services in the amount not to exceed $27,250.00. 2. Approve a contract contingency of 10% or $2,725.00. BACKGROUND: On January 25, 2005, the City Council approved an application fee of $2,000.00 for consultant review services for new telecommunication applications. On February 8, 2005, the City Manager approved a $24,000.00 contract with the Kramer.Firm, Inc. for consulting services for telecommunication application review for the remainder of FY 2004-05. The contract stipulated that the City could, upon mutual agreement, extend the contract for three (3) one (1) year additional terms. The services provided by Kramer.Firm have greatly benefited staff and the Planning Commission, and staff recommends granting another one-year contract in the amount of $29,975.00 (including 10% contingency). The consultant agrees with the terms of the current contract and his fees for services will not change with the new contract. Because the new contract will exceed $25,000.00, the City Council must authorize execution of the contract. FISCAL IMPACT: Payments to the consultant will be paid from the Planning Department budget and adequate funds have been included in the FY 2005-06 Operating Budget. All consultant fees will be paid by applicants and deposited into the City's General Fund in accordance with the approved fee schedule shown in Attachment "8" of the contract. ATTACHMENTS: City of Temecula Agreement for Consulting Services (Telecommunication Application Review Services) R:\Conlracls\lelecommunicalion\CG report - conlraclFY05-06.doc AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND KRAMER.FIRM, INC. (TELECOMMUNICATION APPLICATION REVIEW SERVICES) THIS AGREEMENT is made and effective as of July 1, 2005, between the City of Temecula, a municipal corporation ("City") and Kramer.Firm, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2005, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2006, unless sooner terminated pursuant to the provisions of this Agreement The City may, upon mutual agreement, extend the contract for three (3) one (1) year additional terms. If contract is extended beyond the original term, contract price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 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 attached Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Twenty-Nine Thousand Nine Hundred Seventy-Five Dollars and No Cents ($29,975.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement but in no event shall the total sum of the agreement exceed twenty-nine thousand nine hundred seventy-five dollars ($29,975.00). Any additional work in excess of this amount shall be approved by the City Council. R:\Contracts\telecommunication\KramerContractl005.06.doc 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 an invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. 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. a. A party's failure to comply with the provisions of this Agreement shall constitute a default. In the event that a party is in default for cause under the terms of this Agreement, the other party shall have no obligation or duty to continue performing or compensating the other party for any work performed after the date of default and can terminate this Agreement immediately by written notice to the other party. 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 a party determines that the other party is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the other party with written notice of the default. The party in default 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 party in default fails to cure its default within such period of time, the non defaulting party 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 related 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 its usual and customary practices 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. R:\Contracts\telecommunication\KramerContract2005.06.doc 2 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, upon full payment by City, 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. Any Consultant's work placed in the public record by City shall be excluded from the limitations stated. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 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. 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. R:\Contracts\telecommunication\KramerContract2005-06.doc 3 (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1 ,000,000) peraccidentfor bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by mail has been given to the City. e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraae. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. R:\Contracts\telecommunication\KramerContractZOO5-06.doc 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 byfailure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. R:\Contracts\telecommunication\KramerContract2005-06.doc 5 To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Kramer.Firm, Inc. Jonathan Kramer 2001 South Barrington Avenue, Suite 306 Los Angeles, CA 90025 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. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree thatthe laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. R:\Contracts\telecommunication\KramerContract2005-06.doc 6 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 Kramer.Firm, Inc. Jonathan Kramer 2001 South Barrington Avenue, Suite 306 Los Angeles. CA 90025 By: Name: Title: By: Name: Title: R:\Contracts\telecommunication\KramerContracaOO5-06.doc 7 I l EXHIBIT A TASKS TO BE PERFORMED Kramer.Firm, Inc. ("Consultanf') and City Staff ("City") will perform the following tasks pursuant to the terms of this Contract: 1. City staff will mail via first class postage to Consultant, one (1) Telecommunication application materials for each project for review, containing at a minimum: Site Plan, Elevation Plans, Propagation Maps, Alternative Site Analysis, Visual Impact Analysis, Site Justification Letter and Statement of Operations; and via e-mail, City staff will deliver to Consultant electronic files of same prints in a format mutually acceptable to City and Consultant. 2. Consultant will analyze application materials, conduct an on-site analysis and prepare written report, including, but not limited to an assessment of whether the plan conforms with the City's adopted Telecommunication Ordinance; recommendations on how the plans should be revised to achieve, or improve consistency with said City document; and any other comments/illustrations Consultant deems necessary to effectively perform his tasks as contracted. The written analysis, including any illustrations, will be sent to designated City representatives via e-mail, no later than twenty (20) days from receipt of application materials from City, and followed up by a written "hard copy" mailed first class postage. 3. Consultant will participate in professional discussions of plans with City staff and applicants on an "as-needed" basis by various means of communications, including e-mail, telephone conference calls, and the occasional personal attendance at meetings. The incidental costs associated with communicating with the City and/or applicants during the course of performing the required tasks outlined in this contract (except for personal attendance) shall be borne entirely by the Consultant, unless alternative arrangements are pre-authorized by the City. 4. A maximum of four (4) Planning Commission or Director Hearings per calendar year are included at no additional cost. The City will strive to minimize the number of occurrences requiring personal attendance and will attempt to exhaust all other methods of communication before requesting personal attendance by Consultant. . R:\Contracts\telecommunication\KramerContractlOO5-06.doc 8 EXHIBIT B PAYMENT RATES AND SCHEDULE 1. Consultant agrees to perform services stipulated by this contract based on the amount of $2,000.00 for review of each telecommunication application forwarded for analysis. 2. Planning Commission or Director Hearings attended by the Consultant shall be at no additional cost as stipulated by this contract. 3. All incidental costs to Consultant associated with performing the stipulated tasks of this contract (Le. telephone bill, computer, travel expenses, duplicating costs, etc.) shall be assumed to be built-in to the approved payment rate, unless alternative arrangements are pre-authorized by the City. R:\Contracts\telecommunication\KramerContract2005-06.doc ACORD", CERTIFICATE OF LIABILITY INSURANCE 8DM DATE P4DA 05-24-2005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER THE RULE COMPANY, INC./PHS 180657 P: (866) 467-8730 F: (877) 905-0457 P. O. BOX 33015 SAN ANTONIO TX 78265 INSURED INSURERS AFFORDING COVERAGE INsuRERA,Hartford Casua1t Ins Co KRAMER. FIRM, INC. JONATHAN KRAMER 2001 S BARRINGTON AVE #306 LOS ANGELES CA 90025 COVERAGES INSURER B: INSURER c: INSURER 0: INSURER E: THE POLICIES OF INSURANCE LiSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "!f: TYPE OF INSURANCE POUCY NUMBER ':B."Ii~ EFFECTIVE POUCY EXPfRATlON LIMITS ~NERAL LlABIUTY EACH OCCURRENce .1 000 000 A COMMERCIAL. GENERAL LIABILITY 72 SBA LR2962 05/10/05 05/10/06 FIRE DAMAGE (Any ono flrlill .300.000 I ClAIMS MADE [KJ OCCUR MED EXP IAny one per50nl .10 000 rX Business Liab PERSONAL & ADV INJURY .1 000 000 f- GENERAL AGGREGATE .2 000 000 n'L AGG~En UMIT APfii ~ER: PRODUCTS. COMPfOP AGG .2 000 000 POUCy ~~~T X lOC ~OMOBILE UABJLIrY COMBINED SINGLE LIMIT .1,000,000 A 72 SBA LR2962 05/10/05 05/10/06 ie-aceldentl f- ANY AUTO f- ALL OWNED AUTOS BOOIL Y INJURY . SCHEDULED AUTOS lp.,r personl ex HIRED AUTOS BODILY INJURY ex . NON-oWNED AUTOS lPeraccldenll c=- - PROPERTY DAMAGE . fPllraccldllnt) =rUWUTY AUTO ONLY. EA ACCIDENT . ANY AUTO OTHER THAN EA Ace . AUTO ONLY: AGG . EXCESS L/ABIUTY EACH OCCURRENCE . ~::rOCCUR 0 CLAIMS MADE AGGREGATE . . =i ~EDUCT"LE . RETENTION . . WORKERS COMPENSATION AND we STATU-: I IOJJf" EMPLOYERS' UABIUTY E.L EACH ACCIDENT . E.L. DISEASE - fA EMPlOYEE . E.L. DISEASE. POLICY LIMIT . OTHER DESCRIPTION OF OPERATIONSlLOCATfONS!VEHICLES/EXCLUS/ONS ADDED BY ENDORSEMENTISPEClAL PROVISIONS Those usual to the Insured's Operations. THE CITY OF TEMECULA IT'S OFFICERS OFFICALS EMPLOYEES AND VOLUNTEERS AS RESPECTS TO MY ACTIVITIES. Certificate holder is an Additional Insured per the Business Liability Coverage Form SSOO08, attached to this policy. CERTIFICATE HOLDER I X I ADDmONAL INSURED; INSURER LETTER: A CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAll THE CITY OF TEMECULA 30 DAYS WRITTEN NOTICE (10 DAYS FOR NON.PAYMENTI TO THE CERTIFICATE ATTN: Cynthia Lariccia HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PO BOX 9033 REPRESENT A lives. TEMECULA, CA 92589 ~~ ~ I ...... ........ ACORD 25-S (7/97) · ACORD CORPORATION 1988 ITEM 14 I. I APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER I' CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: June 14, 2005 SUBJECT: Agreement for Consulting Services Between the City of Temecula and PELA PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: Approval of the Contract with PELA for landscape plancheck and inspection consulting services in the amount of $100,000.00. BACKGROUND: The Community Development Department's Planning Division has for the past eleven years utilized the services of a consultant as an extension of staff to provide landscape review and inspection services. Over that period of time, the Department has retained the services of PELA to perform these services. Their contract expires on June 30, 2005. Staff would like to note that the landscape review services are provided on a cost recovery basis. The Planning Department requests a line item during the City's annual operating budget process to fund the on-going task of landscape review. The landscape contractor invoices the City and is paid from the line item. Fees paid by applicants during the development review process are paid to the General Fund, which offsets the invoiced amounts paid by the City to the landscape review contractor. FISCAL IMPACT: Adequate funds have been budgeted in the fiscal year 2005-2006 Annual Operating Budget for the Planning Department. ATTACHMENTS: City of Temecula Agreement for Consulting Services (Landscape Plancheck and Inspection) R:\BROWNS\landscape\L:mdscape Services 05-06\Staff Report cc 2005-06.doc I AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND PELA (LANDSCAPE PLANCHECK AND INSPECTION) THIS AGREEMENT is made and effective as of July 1, 2005, between the City of Temecula, a municipal corporation ("City") and PELA "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1 , 2005, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2006, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) one (1) year additional terms. If contract is extended beyond the original term, contract price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 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 also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Thousand Dollars and no Cents ($100,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the 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. 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:\BROWNS\landscape\Landscape Services OS.06\Jandscape services agreement FY 05-06 revised 060S0S.dot 1 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 identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models. computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make A:\BROWNS\Jandscape\Landscape Services 05-06\Jandscape services agreement FY 05-06 revised 060B05.dot 2 available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 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 damaqes 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 projecVlocation 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 insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City that it has no employees and that it will obtain the required Workers Compensation Insurance upon the hiring of any employees.) R:\BROWNS\landscape\Landscape Services 05-06\1andscape services agreement FY 05-06 revised oe0805.dot 3 (4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the 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 insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased. hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except alter thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance rE?quirements. 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:\BROWNS\landscape\Landscape Services 05-06\1andscape selVices agreement FY 05-06 revised 06DaOS.dot 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 this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. R:\BROWNS\landscape\Landscape Services 05-06\Jandscape services agreement FY 05-06 revised 060805.dot 5 To City: City of Temecula Maiiing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: PELA 637 Arden Drive Encinitas, CA 92024 Attention: Michael G. Elliott 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. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses forthe relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement: 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. R:\BROWNS\landscape\Landscape Services 05-06\1andscape services agreement FY 05-06 revised a6aaOS.dot 6 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 Cierk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT PELA 637 Arden Drive Encinitas, CA 92024 Attention: Michael G. Elliott By: Name: Title: By: Name: Title: R:\BROWNS\landscape\Landscape Services 05-06\1andscape services agreement FY 05-06 revised oeoaOS.dot 7 EXHIBIT A TASKS TO BE PERFORMED R:\BROWNS\landscape\Landscape Services 05-06\1andscape services agreement FY 05-06 revised ceoaOS.dot 8 EXHIBIT A SCOPE OF WORK There are two stages of plan checks that are anticipated. The first series of plan checks will occur at the development review committee (DRC) stage. The second series of plan checks will occur when the applicant submits construction drawings for the landscaping based on conceptual plan approval and conditions of approval formulated by staff and the Planning Commission. A landscape inspection will be performed on site once the landscape is completed to verify that the installation is per the approved plans. Finally, we are always available to provide landscape architectural advice and act as a resource for City staff. I. DEVELOPMENT REVIEW COMMITTEE STAGE Plans submitted by the applicants at this stage are conceptual. A. Upon notification from the Community Development Department that landscape plans are ready for review, PELA will pick up plans at the City. If desired by the City, plans can be mailed to our office. Two sets of landscape plans along with one copy of the conceptual grading plan, architectural site plan and architectural elevations will be needed so that it can be insured that landscaping is compatible with the architecture and appropriate for the proposed grading. It is recommended that PELA meet with the project planner to discuss the project prior to beginning the review. This option will be left up to the individual planner. B. PELA will review the plans verifying consistency with the City Development Code and other Ordinances in effect. A site visit will be perfonmed to become familiar with the site and surrounding area. One set of plans will be red-lined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with City requirements. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional norms will also be marked for explanations from the applicant. Plans will be cross-checked against the architectural and grading plans. Our office has already established a check list to insure conformance with City requirements and we have a 10 year file of previous projects to insure compatibility with adjacent developments. C. PELA will return one set of red-lined plans along with plan check comments to the project planner. Plan check comments will also be sent to the project planner via e-mail for use in fonmulating reports back to the applicant. One set of plans will be kept on file at PELA so that if questions arise from either the project planner or the applicant, answers can be provided by PELA with full knowledge of the project. ' D. On larger projects where many comments are made we have found that the project planner may not be comfortable or may not have the time to review the plans for necessary revisions. PELA will provide a second review on an as needed basis to insure that plans have been revised to be in confonmance with City requirements. E. Comments will be returned to the project planner within 10 calendar days after receipt of the landscape plans but in no case later than two weeks after notification of plan pick up. On fast-track projects PELA will complete conceptual reviews within 4 calendar days. When needed and requested by the project EXHIBIT A planner PELA will work to meet any schedule as required. II. LANDSCAPE CONSTRUCTION PLAN REVIEW STAGE A. Upon notification from the Community Development Department that construction landscape plans are ready for review, PELA will pick up plans at the City. If desired by the City, plans can be mailed to our office. Two sets of landscape construction plans along with one copy of the approved conceptual plan, conditions of approval, and final precise grading plan will be needed. B. PELA will review the plans verifying consistency with the City Development Code, other Ordinances in effect, the approved conceptual plan and conditions of approval. One set of plans will be red-lined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with City requirements and the approved landscape plan. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional norms will also be marked for explanations from the applicant. Plans will be cross-checked against the final precise grading plans. C. PELA will return one set of red-lined plans along with plan check comments to the project planner. Plan check comments will also be sent to the project planner via e-mail for use in formulating reports back to the applicant. One set of plans will be kept on file at PELA so that if questions arise from either the project planner or the applicant, answers can be provided by PELA with full knowledge of the project. D. Once revisions have been resubmitted by the applicant, PELA will pick up the plans at the City and re-check them for conformance. Two sets of plans along with a cost estimate of the landscape work will be needed. Should all revisions have been made and all questions answered, the plans will be returned to the project planner with a letter recommending approval. If all revisions are not made, one set of plans will be red-lined again and returned to the applicant a second time for revisions. This process will continue until the plans are brought into conformance with City standards and professional norms. The cost estimate will be reviewed by PELA and if appropriate, the project planner will be notified that the estimate is appropriate for required bonding requirements. PELA will provide a unit cost breakdown for applicants to use in preparing their cost estimates. This will insure that below market costs are not provided that could cost the City money if the project fails to be completed and the City is forced to collect on bonds. PELA will provide this cost breakdown at no cost to the City. E. PELA will complete the first review of projects in no later than 14 calendar days. Subsequent reviews will be completed in no later than 7 calendar days. When requested and on fast-track projects, PELA will complete the first review in no later than 5 calendar days and subsequent reviews in no later than 3 calendar days. When needed and requested by the project planner PELA will work to meet any schedule as required. Approach We utilize a system for our plan checks which saves staff members time by formatting all comments so that they can be referenced from a key number on the plan and tied to EXHIBIT A typed written comments which we provide to staff members in both digital (by E-mail) and hard copy format. This has enabled staff planners to simply Aelectronically paste@ our typed comments and incorporate them very rapidly with comments and conditions from other departments to produce one consolidated response to applicants. Comments are now broken down into two groups. The first group of comments addresses landscape issues related directly to the landscape architect. The second group of comments addresses landscape issues as they relate to site planning or grading issues. It is our belief that this will make the process easier for the project planner and applicant in directing comments to the correct project consultant. , III. LANDSCAPE INSPECTION A. Once notified that the applicant has completed the landscape installation, PELA will provide a landscape construction inspection in order to insure implementation is in conformance with the approved plans. A written report will be provided to the project planner after each inspection indicating the status. If desired by the project planner, PELA will send a copy of the report to the applicant/contractor so that they will know which items need correction or completion. B. Inspections will be completed in no later than 3 working days after notification. When needed and requested by the project planner PELA will work to meet any schedule as required. IV. LANDSCAPE ARCHITECTURAL RESOURCE PELA is always available to act as a resource for City staff. Over the past 10 years working with the City we have provided numerous consultations with staff responding to general questions or questions regarding specific projects. This resource has been provided at no additional cost to the City. We will continue to make ourselves available and propose to provide these same resources to City staff at no charge. Should staff require other tasks to be performed we will be happy to provide services based on our hourly rates or a mutually agreed upon flat fee. V. ATTENDANCE AT MEETINGS Michael Elliott will attend Development Review Committee and Planning Commission meetings as requested. EXHIBIT B PAYMENT RATES AND SCHEDULE R:\BROWNS~andscape~andscape services agreement FY 05-06.dot EXHIBIT B PAYMENT RATES & SCHEDULE Following is the breakdown of fees proposed for the plan check and inspection services outlined in the scope of work. These fees are based on present insurance coverage of $1,000,000.00 for errors and omissions. Conceptual Plan Review I. DEVELOPMENT REVIEW COMMITTEE STAGE FLAT FEE OF $250.00 Multiple reviews will not be covered under the initial conceptual review cost. Additional conceptual reviews beyond the first review will be billed at the flat rate fee. II. LANDSCAPE CONSTRUCTION PLAN REVIEW STAGE The following fees are based on reviewing a maximum of 3 submittals from the applicant. Should additional reviews be necessary they will be charged at the rate of $85.00 per sheet. SQUARE FOOTAGE OF PROJECT 0-10,000 10,001 - 25,000 25,001 - 100,000 100,001 - 135,000 135,001 - 165,000 165,001 - 200,000 200,001 - 250,000 250,001 - 300,000 300,001 - 350,000 350,001 - 400,000 400,001 & up Plan checks beyond the 3rd Check FLAT PLAN CHECK FEE $600 $860 $1,120 $1,380 $1,620 $1,890 $2,160 $2,430 $2,700 $2,970 $2,970 + .0075 for each sq. ft. above 400,000 sq. ft. . $85.00/sheet Should the City wish to revise the current fee system, PELA is open to a different fee system based on hourly rates versus square footage. Landscape Inspection III. LANDSCAPE INSPECTION FLAT FEE OF $250.00NlSIT IV. LANDSCAPE ARCHITECTURAL RESOURCE PELA is always available to act as a resource for City staff. Over the past 10 years working with the City we have provided numerous consultations with staff responding to general questions or questions regarding specific projects. This resource has been provided at no additional cost to the City. We will continue to make ourselves available and propose to provide these same resources to City staff at no charge. Should staff require other tasks to be performed we will be happy to provide services based on our hourly rates or a mutually agreed upon flat fee based on the scope of work. EXHIBIT B V. ATTENDANCE AT MEETINGS Attendance at Development Review Committee and Planning Commission meetings will be performed at the flat fee rate of $250/meeting. HOURLY RATES Fees for services other than those outlined above will be at our hourly rates unless otherwise negotiated. Our present hourly rates are as follows: Principal Landscape Architect Landscape Architect Landscape Designer Draftsperson/CAD Operator Clerical $98.00/hour $86.00/hour $65.00/hour $55.00/hour $40.00/hour AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND PELA (LANDSCAPE PLANCHECK AND INSPECTION) THIS AGREEMENT is made and effective as of July 1, 2005, between the City of Temecula, a municipal corporation ("City") and PELA "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2005, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2006, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) one (1) year additional terms. If contract is extended beyond the original term, contract price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 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 also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Thousand Dollars and no Cents ($100,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the 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. 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:\BROWNS\landscape\Landscape Services 05-06\landscape services agreement FY 05-06 revised 060S0S.dot 1 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 identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make R:\BROWNS~andscape\Landscape Services OS-06~andscape services agreement FY OS.()S revised osoaOS.dot 2 available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 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 damaQes 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 insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City that it has no employees and that it will obtain the required Workers Compensation Insurance upon the hiring of any employees.) R:\BROWNS\landscape\Landscape Services 05-06\1andscape services agreement FY 05.06 revised 060605.dot 3 (4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the 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 insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance r~quirements. f. Verification of Coveraoe. 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:\BROWNS\landscape\Landscape Services OS-06\1andscape selVices agreement FY 05-06 revised 060aOS.dot 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 this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. R:\BROWNS\landscape\Landscape Services OS-06\1andscape services agreement FY 05-06 revised cecaOS.dot 5 To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: PELA 637 Arden Drive Encinitas, CA 92024 Attention: Michael G. Elliott 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. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree thatthe laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement: 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. R:\BROWNS\Jandscape\Landscape Services 05-06\1andscape services agreement FY 05-06 revised 0OO80S.dot 6 IN WITNESS WH EREOF, 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 PELA 637 Arden Drive Encinitas, CA 92024 Attention: Michael G. Elliott By: Name: Title: By: Name: Title: R:\BROWNS\Jandscape\Landscape Services 05-06\1andscape services agreement FY 05-06 revised oe0805.dot 7 EXHIBIT A TASKS TO BE PERFORMED R:\BROWNS~andscape\Landscape Services 05-06~andscape services agreement FY 05-06 revised 060805.dot 8 EXHIBIT A SCOPE OF WORK There are two stages of plan checks that are anticipated. The first series of plan checks will occur at the development review committee (DRC) stage. The second series of plan checks will occur when the applicant submits construction drawings for the landscaping based on conceptual plan approval and conditions of approval formulated by staff and the Planning Commission. A landscape inspection will be performed on site once the landscape is completed to verify that the installation is per the approved plans. Finally, we are always available to provide landscape architectural advice and act as a resource for City staff. 1. DEVELOPMENT REVIEW COMMITTEE STAGE Plans submitted by the applicants at this stage are conceptual. A. Upon notification from the Community Development Department that landscape plans are ready for review, PELA will pick up plans at the City. If desired by the City, plans can be mailed to our office. Two sets of landscape plans along with one copy of the conceptual grading plan, architectural site plan and architectural elevations will be needed so that it can be insured that landscaping is compatible with the architecture and appropriate for the proposed grading. It is recommended that PELA meet with the project planner to discuss the project prior to beginning the review. This option will be left up to the individual planner. B. PELA will review the plans verifying consistency with the City Development Code and other Ordinances in effect. A site visit will be perfonmed to become familiar with the site and surrounding area. One set of plans will be red-lined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with City requirements. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional nonms will also be marked for explanations from the applicant. Plans will be cross-checked against the architectural and grading plans. Our office has already established a check list to insure conformance with City requirements and we have a 10 year file of previous projects to insure compatibility with adjacent developments. C. PELA will return one set of red-lined plans along with plan check comments to the project planner. Plan check comments will also be sent to the project planner via e-mail for use in formulating reports back to the applicant. One set of plans will be kept on file at PELA so that if questions arise from either the project planner or the applicant, answers can be provided by PELA with full knowledge of the project. D. On larger projects where many comments are made we have found that the project planner may not be comfortable or may not have the time to review the plans for necessary revisions. PELA will provide a second review on an as needed basis to insure that plans have been revised to be in confonmance with City requirements. E. Comments will be returned to the project planner within 10 calendar days after receipt of the landscape plans but in no case later than two weeks after notification of plan pick up. On fast-track projects PELA will complete conceptual reviews within 4 calendar days. When needed and requested by the project EXHIBIT A planner PELA will work to meet any schedule as required. II. LANDSCAPE CONSTRUCTION PLAN REVIEW STAGE A. Upon notification from the Community Development Department that construction landscape plans are ready for review, PELA will pick up plans at the City. If desired by the City, plans can be mailed to our office. Two sets of landscape construction plans along with one copy of the approved conceptual plan, conditions of approval, and final precise grading plan will be needed. B. PELA will review the plans verifying consistency with the City Development Code, other Ordinances in effect, the approved conceptual plan and conditions of approval. One set of plans will be red-lined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with City requirements and the approved landscape plan. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional norms will also be marked for explanations from the applicant. Plans will be cross-checked against the final precise grading plans. C. PELA will return one set of red-lined plans along with plan check comments to the project planner. Plan check comments will also be sent to the project planner via e-mail for use in formulating reports back to the applicant. One set of plans will be kept on file at PELA so that if questions arise from either the project planner or the applicant, answers can be provided by PELA with full knowledge of the project. D. Once revisions have been resubmitted by the applicant, PELA will pick up the plans at the City and re-check them for conformance. Two sets of plans along with a cost estimate of the landscape work will be needed. Should all revisions have been made and all questions answered, the plans will be returned to the project planner with a letter recommending approval. If all revisions are not made, one set of plans will be red-lined again and returned to the applicant a second time for revisions. This process will continue until the plans are brought into conformance with City standards and professional norms. The cost estimate will be reviewed by PELA and if appropriate, the project planner will be notified that the estimate is appropriate for required bonding requirements. PELA will provide a unit cost breakdown for applicants to use in preparing their cost estimates. This will insure that below market costs are not provided that could cost the City money if the project fails to be completed and the City is forced to collect on bonds. PELA will provide this cost breakdown at no cost to the City. E. PELA will complete the first review of projects in no later than 14 calendar days. Subsequent reviews will be completed in no later than 7 calendar days. When requested and on fast-track projects, PELA will complete the first review in no later than 5 calendar days and subsequent reviews in no later than 3 calendar days. When needed and requested by the project planner PELA will work to meet any schedule as required. Approach We utilize a system for our plan checks which saves staff members time by formatting all comments so that they can be referenced from a key number on the plan and tied to EXHIBIT A typed written comments which we provide to staff members in both digital (by E-mail) and hard copy format. This has enabled staff planners to simply Aelectronically paste@ our typed comments and incorporate them very rapidly with comments and conditions from other departments to produce one consolidated response to applicants. Comments are now broken down into two groups. The first group of comments addresses landscape issues related directly to the landscape architect. The second group of comments addresses landscape issues as they relate to site planning or grading issues. It is our belief that this will make the process easier for the project planner and applicant in directing comments to the correct project consultant. III. LANDSCAPE INSPECTION A. Once notified that the applicant has completed the landscape installation. PELA will provide a landscape construction inspection in order to insure implementation is in conformance with the approved plans. A written report will be provided to the project planner after each inspection indicating the status. If desired by the project planner, PELA will send a copy of the report to the applicanVcontractor so that they will know which items need correction or completion. B. Inspections will be completed in no later than 3 working days after notification. When needed and requested by the project planner PELA will work to meet any schedule as required. IV. LANDSCAPE ARCHITECTURAL RESOURCE PELA is always available to act as a resource for City staff. Over the past 10 years working with the City we have provided numerous consultations with staff responding to general questions or questions regarding specific projects. This resource has been provided at no additional cost to the City. We will continue to make ourselves available and propose to provide these same resources to City staff at no charge. Should staff require other tasks to be performed we Will be happy to provide services based on our hourly rates or a mutually agreed upon flat fee. V. ATTENDANCE AT MEETINGS Michael Elliott will attend Development Review Committee and Planning Commission meetings as requested. EXHIBIT B PAYMENT RATES AND SCHEDULE R:\BROWNSIIandscape~andscape servfces egreement FY 05-06.dot EXHIBIT B PAYMENT RATES & SCHEDULE Following is the breakdown of fees proposed for the plan check and inspection services outlined In the scope of work. These fees are based on present insurance coverage of $1,000,000.00 for errors and omissions. I. DEVELOPMENT REVIEW COMMITTEE STAGE Conceptual Plan Review FLAT FEE OF $250.00 Multiple reviews will not be covered under the initial conceptual review cost. Additional conceptual reviews beyond the first review will be billed at the flat rate fee. II. LANDSCAPE CONSTRUCTION PLAN REVIEW STAGE The following fees are based on reviewing a maximum of 3 submittals from the applicant. Should additional reviews be necessary they will be charged at the rate of $85.00 per sheet. Plan checks beyond the 31ll Check FLAT PLAN CHECK FEE $600 $860 $1,120 $1,380 $1,620 $1,890 $2,160 $2,430 $2,700 $2,970 $2,970 + .0075 for each sq. ft. above 400,000 sq. ft. . $85.00/sheet SQUARE FOOTAGE OF PROJECT 0-10,000 10,001 - 25,000 25,001 - 100,000 100,001 - 135,000 135,001 - 165,000 165,001 .200,000 200,001 - 250,000 250,001 - 300,000 300,001- 350,000 350,001 - 400,000 400,001 & up Should the City wish to revise the current fee system, PELA is open to a different fee system based on hourly rates versus square footage. III. LANDSCAPE INSPECTION Landscape Inspection FLAT FEE OF $250.00NlSIT IV. LANDSCAPE ARCHITECTURAL RESOURCE PELA is always available to act as a resource for City staff. Over the past 10 years working with the City we have provided numerous consultations with staff responding to general questions or questions regarding specific projects. This resource has been provided at no additional cost to the City. We will continue to make ourselves available and propose to provide these same resources to City staff at no charge. Should staff require other tasks to be performed we will be happy to provide services based on our hourly rates or a mutually agreed upon flat fee based on the scope of work. EXHIBIT B V. ATTENDANCE AT MEETINGS Attendance at Development Review Committee and Planning Commission meetings will be performed at the flat fee rate of $250/meeting. HOURLY RATES Fees for services other than those outlined above will be at our hourly rates unless otherwise negotiated. Our present hourly rates are as follows: Principal Landscape Architect Landscape Architect Landscape Designer Draftsperson/CAD Operator Clerical $98.00/hour $86.00ihour $65.00/hour $55.00/hour $40.00/hour ITEM 15 APPROVAL ~ CITY ATTORNEY DIRECTOR OF FI~Ii?E_ rlJ( CITY MANAGER ~ ' . CITY OF TEMECULA AGENDA REPORT FROM: DATE: City Manager/City Council Anthony J. Elmo, Director of Building and Safe~ June 14, 2005 TO: SUBJECT: Street Name Change from North Plaza Dr and Park Plaza Ln to DLR Dr RECOMMENDATION: That the City Council: Adopt a resolution entitled: RESOLUTION NO. 05_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE STREET NAME FROM NORTH PLAZA RD AND PARK PLAZA LN TO DLR DR DISCUSSION: The Building and Safety Department received a request for a street name change for North Plaza Dr and Park Plaza Ln to DLR Dr in honor of the late Donna Lee Reeves in recognition of her considerable contribution to the economic growth of Temecula. All property owners affected by this street name change were notified in writing. The Building and Safety Department received responses supporting the proposed name change from all five (5) affected property owners on those streets. This request has been reviewed and accepted by the Riverside County 911 Coordinator and the Fire Department. FISCAL IMPACT: None ATTACHMENT: Letters of Authorization 5/26/05 RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE STREET NAMES FROM NORTH PLAZA RD AND PARK PLAZA LN TO DLR DR The City Council of the City of Temecula does resolve, determine and order as follows: WHEREAS, Section 3409.1 and 3408.1 and 34092 of the Government Code provides for changing the name of a public street, and: WHEREAS, the owners of Property located on North Plaza Rd and Park Plaza Ln requested a name change from North Plaza Rd/Park Plaza Ln to DLR Dr: WHEREAS, all affected property owners are in favor of renaming the street to DLR Dr. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of T emecula determines and orders that the names of North Plaza Rd and Park Plaza Ln be changed to DLR Dr. PASSED, APPROVED AND ADOPTED this 14th day of June 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, City Clerk ofthe City ofTemecula, 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 14th day of June, 2005, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk A - ,. ,-.. ~ ~ '6! l.I. ~ :i C( :>- .ct: -' a ~ '-.J' DECElA8ER . 2003 CD c!.LA PA03-D'oSCo z,rX>4-- O€;lG.014eo.R.. @. LLA Pl<.o3-~57 ~4- -ClcC>bO 7+5 a.F-. ~. /..L!t PIr 'Cc-OG:6B . ~004-~74~o,lt... . LtA 1".4 CP-. - ~'i59 tCO'f - 0 ~ 7S4"R.. Exhibit 'A' CD ~~~ ~ l:fit ~il1M' ",'01 j</oS lIlT ~"$."""'. (]) B 9QoI5& .f - v'" , __"IR .1 - ne\ 1l,- c 2llICOl! .f -..... . ,_..-ioal. . G@ ~.f, o;a<""""" ~. H of vo::.,"1\ ne' .. 1@ I , Il67Q sJ.t ) GJ'-" 10 ~ , - ~ IlL.ANNIND . D~IDN . CGNlITRucnaN CCNSULTING SCALE '''=3001 ..... """ ROAD, """ ... 1"EWGCI.I...\. crJIA.8'ClfNI........." 1OIlIDUDG. "AX~. -mP..ccIT' NO. 15-401441 ~ j:; .:; ~ ;;- ~ ~ ~ I ; j l ;; www.normreeves-sg-temecula.com NORM REEVES TEMECULA RECEIVED May 2, 2005 nrsupergroup@msn.com MAl{ 0 G Z005 =~ ,..&~~ Tony Elmo Director of Building & Safety City of T emecula 43200 Business Park Dr. Temecula, CA 92590 Re: . Renaming North Plaza Drive/ . Park Plaza Lane to DLR Drive in honor of Donna L. Reeves Dear Mr. Elmo, In recognition of Donna's efforts over a number of years to acquire and develop the North Plaza property into auto dealerships, the DCH/Norm Reeves Auto Group is requesting that North Plaza Drive/Park Plaza Lane be renamed as DLR Drive, in honor of Donna Lee Reeves in recognition of her considerable contribution to the economic growth of Temecula, especially as it relates in automotive retailing. Donna opened Temecula's first new car dealership in 1985, and over the years she progressively added to that initial store. When she died in 2003 her dealerships had grown to $170 million in sales, employing over 300 people. We are enclosing an exhibit showing the requested streets to be renamed. We have talked to all adjacent property owners and have their support for this request. We are not including any name change for the future Rancho Way. Please advise If there is any addiiional inforrnaiion needed. It is our understanding thai if approved, this renaming will be recognized at a future City Council Meeting. We. would certainly plan on attending and would invite Donna Reeves' daughters to join with us to see DLR memorialized by naming the street that traverses the auto mall . development that has resulted from her foresight and tenacity. Thank you, ~~ Dick Kennedy cc: Jim O'Grady Billy Wong Gary Sorter '..... -- May 20. 2005 H4I!lI= RECEIVED MAY 2:J 2005 CI!~ OJ:: TE;.,iECULA BUIldIng & Safety Oept. Anthony J. Elmo. CBO Director of Building and Safety City of Temecula P:O. Box 9033 Temecula. CA 92589-9033 Dear Mr. Elmo: We enthusiastically support a street name change for what is now designated as North Plaza Drive and Park Lane to DLR Drive in memory of the late Donna Lee Reeves. If you have any questions regarding my approval of this name change. please contact me at 619 682-3711 . ,.. ... 'C_~'~ John Hine ' For the John A. Hine. Trust 1545 Camino DAI Rio South IIiIfiIIIII J~:~.ER',!OAV PIl."P-~- .ROLle,y,: JiSl Mi.c;c;inn V",llpv Alltn C:irrlp. O::;;:,n ni""nn rfj. Q71nR I.1Q ?Q7 4?~1 f:>v J.10 .4R? ~71~ - www.normreeves-sg-temecula.com NORM REEVES TEMECULA nrsupergroup@msn.com May 18, 2005 Anthony Elmo, CBO Director of Building and Safety City of Temecula 43200 Business Park Drive Temecula, CA 92590 Dear Mr. Elmo, We here at Norm Reeves are completely in favor of DLR Drive! Donna Reeves' legacy to Temecula should live on. Thank you, ?2d- Dick Kennedy City of Temecula Building & Safety 43200 Business Park DriveoTemecula. CA 925900Mailing Address: PO. Box 9033oTemecula. CA 92589-9033 (9511694-64390 Fax 1951) 694-6478 May 16, 2005 Eric Gosch MEG Investments G.P. 150 Carriage Cr Hemet, CA 92545 Dear Mr. Gosch: This office has received a request for consideration of a street name change for what is now designated as North Plaza Drive and Park Plaza Lane. The street name being proposed is DLR Drive, in memory of the late Donna Lee Reeves of the Norm Reeves Auto Group. This office is contacting by mail all affected property owners in order to determine what support or opposition there may be for this proposed street name change befure going forward and preparing a recommendation to the City Council for approval. Our research indicates that you are a property owner that would be directly affected by a street name change. Therefore, your assistance is requested in responding to this notice b sending a statement, in the enclosed self addressed envelope, indicating yo su n to this proposed name change to me no later than Friday, June 10, 5. If you have any questions regarding this matter, feel free to con 6439. s~ ~ Anthony J. E Director ofBu '~--, / ~ i\O';_.......~O""-'_.......D~ " @~ THE PASSIONATE PURSUIT OF PERFECTION c. , ( ; I May 19,2005 RECEIVED ~t "~v C) " Z005 l~ ..-j '-' J t',-.., '. '- .:;-1: . Ur TEMECULA :::"'''''1'9& S l "',...L. a,sty Dept. " Dan Davidson General Manager Mr. Anthony J. Elmo, CBO Directorof-Building-& Safety City of Temecula PO Box 9033 Temecula, CA 92589-9033 ~-'--~- - - -- ~. -.-- Dear Mr. Elmo, In reply to your letter regarding the street name change of North Plaza Dr & Park Plaza Ln, I support the proposed name change to DLR Drive. Kindest Personal Regards an Davidso Davidson Enterprises 951-353-0903 lIJAnEliteDeitler 3150 Adam. Street. Riverside, Calilornia 92504 . 951-353.0903 . 800.899.5398 . Fax: 951.354-4126 E.mBil: lexOlrOan@aol.com . www.lexusofriverside.com .''c \\ Ir H :J M r i\. i. , ,j \1 U i' I \ t,~ , ' i, 'i I~ It :1 Jl \\ J l ,. ..." ... 1.1 nagemenl '" :..:: 1 'j \\. ~ ~\ .~ And Investment Company May 23, 2005 Mr. Anthony 1. Elmo, CBO Director of Building and Safety City ofTemecula Building & Safety PO Box 9033 Temecula, CA 92589-9033 Re: Street Name Change Proposal Dear Mr. Elmo: Your letter of May 16,2005 informing of the proposed street name change has been received. This letter is confirmation of our support of the request for a street name change for North Plaza Drive and Park Plaza Lane to DLR Drive, in memory of Donna L. Reeves. Should you need anything further, please do not hesitate to call me. 1377 Kettering Loop, Ontario, CA 91761 Phone (909) 390-9977 ITEM 16 APPROVAL CITY ATTORNEY 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: June 14, 2005 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Installation of Intersection Traffic Monitoring Systems and Traffic Signal Interconnect Equipment - FY 2005/2006 Project No. PW04-05 and PW05-05 PREPARED BY: AIi Moghadam, Principal Engineer RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Departrnent of Public Works to solicit construction bids for the installation of Intersection Traffic Monitoring System and Traffic Signal Interconnect Project - FY 2005/2006, Project No. PW04-05 and PW05-05. BACKGROUND: In July 2004, the City appropriated funding for the installation of intersection traffic rnonitoring equipment and traffic signal interconnect equipment at various locations throughout the City. The proposed intersection traffic monitoring project includes the installation of conduit and fiber optic cable on Rancho California Road between Ynez Road and Margarita Road. The project also includes the installation of Closed Circuit Television (CCTV) Cameras at two locations on Rancho California Road. The installation of the equiprnent will allow staff to "visually" monitor the traffic signal and roadway operation along Rancho California Road between Business Park Drive and Margarita Road, and adjust traffic signal timing as needed from the City's TOC. The proposed traffic signal interconnect project includes the instaliation of conduit and signal interconnect cable on Margarita Road between Rancho California Road and Pio Pico Road. The installation of the equipment will interconnect five (5) traffic signals along Margarita Road thereby completing the system and providing staff with the capability to monitor the traffic signal operation on Margarita Road frorn Winchester Road to Route 79 South. The plans and specifications 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 Estirnate for this project is $500,000.00 FISCAL IMPACT: The Intersection Traffic Monitoring Systems and Traffic Signal Interconnect Equipment Projects are Capital Improvement Projects funded through Development Impact Fees- Traffic Signal funds. ATTACHMENTS: Location Maps R:\AGENDA REPORTS\2005\06140S\PW04.05&05-05 Auth 10 Bid.DOC e ~ i ... on U ~ ......... z i ~ l::: 0 (;) '-l Gl t; ';l 1= ~ ... u '" .- ~ c ,t .~ ~ ~ Eo< CI.l ~ ~ ~. Iio1 Eo< U ~. I ~ Cl F;i ~ ~ l:: U c ~ u b ~ ~ ~ c ";. ~ -t - 00 I __ CH.LE_ t ~ I ITEM 17 TO: APPROVAL ~7A~,<" CITY ATTORNEY ".'''-' DIRECTOR OF FINANCE I.~.J.. CITY MANAGER ~}' U CITY OF TEMECULA AGENDA REPORT FROM: City Manager/City Council tJ'~ William G. Hughes, Director of Public Works June 14, 2005 SUBJECT: Public Works Fiscal Year 2005-2006 Annual Maintenance Agreements 1. 2. 3. 4. 5. 6. 7. 8. NPG, Inc. (aka Nelson Paving & Sealing) for an amount not to exceed Toran Development & Construction for an amount not to exceed Pacific Striping, Inc. Strong's Painting for an arnount not to exceed Monteleone Contractors, Inc., for an arnount not to exceed Becker Engineering for an amount not to exceed Imperial Paving Company, Inc., for an amount not to exceed Rene's Comrnercial Management, for an amount not to exceed DATE: PREPARED BY: I.ti~ Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the Annual Maintenance contracts for Fiscal Year 2005-2006 with: $ 50,000.00 $ 50,000.00 $ 50,000.00 $100,000.00 $150,000.00 $200,000.00 $200,000.00 $200,000.00 BACKGROUND: Each year the City enters into numerous citywide routine street and stonm drain maintenance agreements with various contractors that perform minor (small job) rnaintenance work throughout the City. These jobs usually range in cost from over $1,000 to under $25,000 and involve miscellaneous repairs to roadways, drainage areas, sidewalks, curbs, cutters, storrn drains, including excavation and ernergency call-out. Nevertheless, each job requires an agreement between the City and the contractor. In an effort to streamline these contractual requirements, staff has taken measures to place under agreement eight (8) contractors that are very capable of performing routine jobs and emergency repairs with little notice. Essentially, these agreements will give staff administrative tools needed to efficiently execute minor routine maintenance and emergency work by having executed agreements which satisfy insurance, prevailing wage requirements, terms and conditions as well as a general scope of work. This contracting technique is widely used by cities to employ a higher rnore responsive maintenance capability. Also, in the event of harsh weather that can irnpinge the safety of the City roadways, and other City maintained areas, these agreernents can facilitate an expedient reaction and resolution to adverse conditions without jeopardizing adrninistrative requirements. It is important to understand that the not to exceed $50,000.00 to $200,000.00 amounts does not necessarily mean it will be spent but rather is a ceiling to operate on an as needed basis. r:\agdrp1\2005\0614\Annual 05-06 Main! Agreements.AGN/ajp Although some jobs may be better accomplished by one contractor because of equipment availability, tirning issues and job location, every effort will be made by staff to distribute the work load evenly between these contractors. The contractor will be responsible for providing a work proposal for each job, which must be approved by staff before any work is started. Staff mailed letters to thirteen (13) contractors in the local area that could rneet the described minor routine rnaintenance work required. The letters requested time and material pricing for both labor and equiprnent rates. It also included holiday and overnight rates. Eight (8) out of the thirteen (13) contractors responded and provided competitive labor and equipment rates as seen in Exhibit "8" of each agreement. Review of these rates has determined they are consistent with current prevailing wages and current hourly equipment rates previously paid by the City. The contractors listed below responded to the request for tirne and material rates and are recommended for a not to exceed $50,000.00 to $200,000.00 agreements for a one (1) year term. Company Amount not to Exceed Term $ 50,000.00 $ 50,000.00 $ 50,000.00 $100,000.00 $150,000.00 $200,000.00 $200,000.00 $200,000.00 FISCAL IMPACT: Adequate funds have been budgeted in the Fiscal Year 2005-2006 Public Work's, Maintenance Division Operating Budgetfor; Drainage Facility Maintenance Account No. 001-164-601- 5401; Routine Street Maintenance Account No. 001-164-601-5402; Old Town Repair & Maintenance Account No. 001-164-603-5212; and Other Outside Services Account No. 001-164-603-5250. 1. 2. 3. 4. 5. 6. 7. 8. NPG, Inc. (aka Nelson Paving & Sealing) for an arnount not to exceed Toran Development & Construction for an amount not to exceed Pacific Striping, Inc. Strong's Painting for an amount not to exceed Monteleone Contractors, Inc., for an amount not to exceed Becker Engineering for an amount not to exceed Imperial Paving Company, Inc., for an amount not to exceed Rene's Commercial Management, for an arnount not to exceed ATTACHMENT: 1. Contractor Mailing List 2. Contracts 2 r:\agdrpt\2005\0614\Annual 05-06 Main! Agreements.AGN/ajp Contractor Mailing List FISCAL YEAR 2005-2006 1. N P G Corporation (Nelson Paving) P.O. Box 1515 Perris, CA 92575 (951) 940-0200 2. Del Rio Enterprise 42181 Avenida Alvarado Temecula, CA 92590 3. Waiter K. Becker (DBA Becker Engineering) P.O. Box 890365 Temecula, CA 92589-0365 (951) 712-2341 4. Rene Commercial Management 1002 Luna Way San Jacinto, CA 92583 (951 ) 487-0247 5. Monteleone Contractors, Inc. 39054 Camino Herrnosa Murrieta, CA 92563 (951) 538-6537 6. Toran Development & Construction (Gary Clapp) 37110 Mesa Rd Temecula, CA 92592-8633 (951) 302-5965 7. Murrieta Development 42540 Rio Nedo Temecula, CA 92590-3727 (951) 719-1680 8. Irnperial Paving Co., Inc. Fritz Coy 13555 E. Imperial Highway Whittier, CA 90605 (562) 523-0975 9. Pacific West Construction Arthur R. Coltrain Jr. 637 N. Emerald Dr. Vista, CA 92803 (760) 639-1729 / FAX (760) 639-1904 10. Strong's Painting 31265 Saddle back Lane Menifee, CA 92584 (951) 679-4554/CELL (909) 730-5445 3 r:\agdrpt\2005\0614\Annual 05-06 Main! Agreements.AGN/ajp 11. Road Works, Inc. Attn: Kelly Blocker 303 Short St. Pomona, CA 91756 (909) 469-5101 12. GSI Pacific Roofing & Design Gary Ingram, Vice President P.O. Box 892607 Temecula, CA 92589 614 W. 1841h St. Gardena, CA 90248 (951) 303-0878 13. Pacific Striping, Inc. Scott Fisher P.O. Box 1691 Whittier, CA 90609 15340 Dittmar Dr. Whittier, CA 90603 (562) 945-7805 4 r:\agdrpt\2005\0614\Annual 05-06 Main! Agreements.AGN/ajp CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2005-2006 FOR CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of June 14, 2005 by and between the City of Temecula, ("City") and NPG, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK, Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit" A" , Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2005 and shall terminate as of June 30, 2006 unless soone'r terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit" A". The maximum amount of payment under this Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. R:\maintain\workorders\contract masrers\2004-200S\NPG 04-05 Agnnt 6. W AIYER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREY AILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are available from the California Department Industrial Relations' Internet web site http://www.dir.ca.gov. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8,1775,1776,1777.5,1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR, a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 R:\maintain\workorders\contract masters\2004-2005\NPG 04-05 Agrmt 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (I) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (I) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment oflosses 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: (I) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the 3 R:\maintain\workorders\contract masters\2004-2005\NPG 04-05 Agrmt Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A. M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on 'forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. " 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be 4 R:\maintain\workorders\contracr masters\2004-Z005\NPG 04-05 Agrmt available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILiTiES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any'way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a reslilt of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILiTY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATiON CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTiCE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not Iimited.to, Federal Express, that provides a 5 R:\maintain\workorders\contract masters\2004-20Q5\NPG 04..Q5 Agrmt receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: NPG, Inc. P.O. Box ISIS Perris, California 92572 (951) 940-0200 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights. obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City ofTemecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 6 R:\maintain\workorders\contract masters\2004-2005\NPG 04-05 Agrmt 28. AUTHORITY TO EXECUTE TffiS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 7 R:\maintain\workorders\contract masters\2004-2005\NPG 04-05 Agrmt , 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 CONTRACTOR NPG, INC. P.O. Box 1515 Perris, CA 92572 (951) 940-0200 Jeff S. Nelson, President 8 R:\maintain\workorders\contract masters\2004-2005\NPG 04-05 Agrmt EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 9 R:\maintain\workorders\contract masters\2004-2005\NPG 04-05 Agrmt EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\contract masters\2004-2005\NPG 04-05 Agrmt I. NPG CORPORATION I (951) 940-0200 Office (951) 940-9192 Fax P.O. Box 1515' Perris, CA 92572 1354 Jet Way' Perris, CA 92571 PAVING & GRADING EQUIPMENT LABOR AND EQUIPMENT RENTAL RATES Prices Effective February 1, 2005 PAVING EQUIPMENT U2' I:llaw Knox 1BO Paving Machine (Rubber) 10' x 16' NEW 05' Cedar Rapids Paving Machine (Rubber) B' x 16' NEW 05' Cedar Rapids 561 Paving Machine (Track) 10' x 21' Automatics . Ski Control Crew Truck I Form Truck Asphalt Berm Machine 200 Gallons Tack Rig Asphalt Roller DD-24 \3-5 TaW Asphalt Roller DD-2B 3-5 Ton Asphalt Roller Cat 534 10-12 on) Dirt Roller DD70 (Dirt Compaction) HEAVY EQUIPMENT . " NEW 05' John Deere Skip Loader NEW 05' John Deere 3 Yard Loader NEW 05' John Deere 770 Blade B60A Scraper B63 Bobcat B63 Bobcat w I Attachments 2000 Gallon Water Truck 10 Wheel Dump Truck's International Dump Truck' 'Truck has Compressor & Jack Hammer End Dump Compressor Bare with 90 lb. Hammer Traffic Control Arrow Board CRACK FILLING EQUIPMENT OJK 120 Melter OJK 250 Melter EZ Pour 50 Melter Pour Pot I Kettle SEAL COATING EQUIPMENT DA 35U o;eal Buggy ST 550 Seal Trailer Striping Machine. ST2500 Tankerw/12' Hydraulic Spreader Operated 250.001" hr .., hr clean up charge 1B5.00 there after ST2500 Tanker Operated 125.00 EQUIPMENT MOVES Flat Rate I::qulpment Move - Paving Machine, Loaders & Blade 6UU.UO In lOut Equipment Move - Roller 350.00 In lOut "Moves to San Diego County or LA County are charged on an hourly basis at $ 90.00 per hr. + permits GENERAL LABOR t-oreman Raker I Laborer PCC I Form Setter Standard 63.UU 53.00 53.00 OPERATORS Paving Machine Operator 60.00 Screed Operator 60.00 Roller Operator 60.00 Dump Truck Operator 60.00 Hot Crack Fill Operator 60.00 Seal Buggy Operator 60.00 . Add Y, Overtime for Paving Machine Operator Fire Up Overtime 94.OU 79.50 79.50 Double Time 126.UU 106.00 106.00 90.00 90.00 90.00 90.00 90.00 90.00 120.00 120.00 120.00 120.00 120.00 120.00 Hour Rate 100.UU 150.00 160.00 Dav Rate 200.00 300.00 270.00 350.00 250.00 (plus emulsion) 300.00 300.00 475.00 375.00 Operated Operated Operated Operated Operated Operated Operated Operated Operated Operated 95.00 125.00 130.00 125.00 100.00 225.00 70.00 70.00 65.00 BO.OO 250.00 150.00 250.00 325.00 100.00 25.00 300.00 100.00 150.00 . AU labor and equipment will be charged portal-la-portal . 4 Hour Minimum Charge on all Equipment & Labor * All equipment Subject to moves In lOut I 2 Hour Show Up Time . Any time worked over 8 hrs is charged at OT rates DT rates after 12 hrs. of work. , . Saturday work will be charged at OT rates for the first 12 hrs, then DT... Sunday work charged at DT . Prevailing wage/certified payroll - Add $ 8.00 per hr. to above labor/operator rates. . Total Amount of Invoice will be determined at end of work day with the above Time & Material Rates . Applyjn~ Equipment Rental agreement form must be signed at the end of each work day by acting superintendent . All InvOices to be Paid Upon completion or as agreed upon. . All rates sUbject to change withou notice. ' CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2005-2006 FOR CITYWIDE ROUTINE MAINTENANCE TIDS MAINTENANCE CONTRACT, made and entered into as of June 14, 2005 by and between the City of Temecula, ("City") and TORAN DEVELOPMENT & CONSTRUCTION ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2005 and shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit" A" . The maximum amount of payment under this Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform aH tasks described herein. Cuntractor shall empluy, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. R:\maintain\workorders\Toran 05-06 Agrmt\master const agrmt 6. W AIYER OF CLAIMS. On or before making final request for payment under Paragraph 2.. above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREY AILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet web site http://www.dir.ca.gov. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8. 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions ofl775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason. with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 R:\maintain\workorders\Toran 05-06 Agnnt\master const agrmt 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (I) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (I) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment oflosses 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: (I) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the 3 R:\maintain\workorders\Toran 05-06 Agrmt\master canst agrmt Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. " 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be 4 R:\maintain\workorders\Toran 05-06 Agrmt\master canst agrmt available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a 5 R:\maintain\workorders\Toran 05-06 Agrmt\master const agrmt receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Toran Development & Construction 37110 Mesa Road Temecula, California 92592-8950 (951) 302-5965 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES, At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW, The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 6 R:\maintain\workorders\Toran 05-06 Agrmt\master const agnnt 28. AUTHORITY TO EXECUTE TillS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 7 R:\maintain\workorders\Toran 05-06 Agrmt\master const agrmt IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR TORAN DEVEWPMENT & CONSTRUCTION 37110 Mesa Rd. Temecula, CA 92592-8950 (951) 302-5965 Gary D. Clapp, Owner 8 R:\maintain\workorders\Toran 05-06 Agrmt\master const agrmt EXHIBIT" A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 9 R:\maintain\workorders\Toran 05-06 Agrmt\master canst agrmt EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\Toran 05-06 Agrmt\master const agrmt 37110 Mesa Rd. Temecula, Ca. 92592 Telephone (909) 302-5965 Fax (909) 303-6583 Toran Development & Cons1mction RECEIVED MAY 2 4 2005 UPDATED TIME AND MATERIAL SHEET May 24, 2005 CITY OF Tt!MECULA ENGiNEEfllND DEPARTMENT .-._--~--""';'-~-'-""-. City of Temecula 43200 Business Park Dr. Temecula, Ca. 92590 Au: Brad Buron To Whom It May Concern: As per your request concerning an updated time and material sheet from our company- I. Generallabor. a. Fonnan w/truck- $79.50 b. Labor- $67.75 c. All material is cost + 15% 2. Painting: a. Light poles- $f30.00 each b. Map structures- $115.00 each c. Boxes- $50.25 each d. Arches- $300.00 each e. Buss stop- $230.00 each f. Telephone structure- $141.50 each g. Repaint restroom exterior only- $8,270.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . TIt.onk Jff'H ft1r the oppm1Im/fJf to be qf -We to Jff'H! May 24. 2005 Page 2 3. Boardwalk (aprox. 20,000 sq. ft.) a. Seal only- $1.95 sq.ft. b. Sand any high, or bad spots- $.85 sq.ft. c. Add wood plugs- $3.25 each 4. Clean, pressure wash and paint Main St. bridge- $6,830.00 5. Steam clean, pressure wash and seal coat with city supplied sealer 7,985 I.f. of city walk, curb and gutter- $3.901.f. 6. Cut and add hardware to make old whiskey barrels into trash barrels- $200.00 each Thank you for the opportunity to be of service to you. Sincerely, Gary D. Clapp CITY OF TEMECULA ANNUAL MAINTENANCE CONTRACT AGREEMENT FISCAL YEAR 2005-2006 FOR CITYWIDE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of June 14, 2005 by and between the City of Temecula, ("City") and PACIFIC STRIPING, INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, and maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee. is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2005 and shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all maintenance work and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making fmal request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out I R\maintain\workorders\Pacific Striping 05-06 Agnnt\ of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuantto the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are available from the California Department Industrial Relations' Internet web site http://www.dir.ca.gov. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777 .6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof. for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time. the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, 2 R:\maintain\workorders\Pacific Striping 05-06 Agrmt\ demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (I) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (I) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment oflosses 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: (I) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope 3 R:\maintain\workorders\Pacific Striping 05-06 Agnnt\ of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, 'return receipt requested, has been given to the City. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. " 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreemenh Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to 4 R:\maintain\workorders\Pacific Striping 05-06 Agrmt\ Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way aff~(;l th~ performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (H) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (Hi) mailing in the United States Mail, certified mail, postage 5 R:\maintain\workorders\Pacific Striping 05-06 Agrmt\ prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Pacific Striping, Inc. P.O. Box 1691 Whittier, CA 90609 (562) 945-7805 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect. all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROIDBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE TIDS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute 6 R:\maintain\workorders\Pacific Striping 05-06 Agrmt\ this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 7 R:\maintain\workorders\Pacific Striping 05-06 Agrmt\ 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 CONTRACTOR PACIFIC STRIPING, INC. P.O. Box 1691 Whittier, CA 90609 (562) 945-7805 Scott Fisher, Owner 8 R:\maintain\workorders\Pacific Striping 05.06 Agrmt\ EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, and maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost oflabor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "8" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 9 R:\maintain\workorders\Pacific Striping 05-06 Agrmt\ EXIDBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\Pacific Striping 05-06 Agnnt\ Pacific Striping Inc. P.O. Box 1691 Whittier. CA 90609 562-945-7805 Llcence#485696 Expires 1.31-2006 Fax 562-945-7805 Time and Materials Spreadsheet PROJECT: OWNER/CONTRACTOR: WORK AUTHORIZED BY: START DATE: FINISH DATE: DESCRIPTION: COMPLETION STATUS: OPERATED PACIFIC STRIPING # OF TOTAL RATE REG RATE OT RATE EQUIPMENT UNITS HRS $/HR AMOUNT LABOR HRS $IHR HRS $IHR AMOUNT 330 Galon Cap. Road Striping Truck Stake bed 1 Ton _______u_ ____~ _______________ __ ~.__ ~tencilil'!g Truck 1~_____ ____ __ Stenciling Truck 1/4 ton Pavemant Marker Application Truck _ ~_ __ l~~.nno Application Truck !I!.e~o ApYJ!~tor Traffic Control Truck Sandblast Rig Crash Truck $150.00 $75.00 $100.00 $75.00 $125.00 $125.00 $25.00 $50.00 $100.00 $100.00 Total Operated Franklin Equipment: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Owner Operator Laborer $61.00 $57.00 $48.00 $91.50 $85.50 $72.00 Total Franklln Labor: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SMALL TOOLS QTY UNIT RATE AMOUNT Construction Signs Cones Baricades Slide Hammer Trash Barrels __On ____ . _.__ Arrowboard Message Board HR $1.50 _____ ____ _--.!:If<__ _ _-'!Q.!5 HR $1.00 HR $0.50 HR $0.25 ______ .____. . ._.___n. $10.00 $25.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Franklin Small Tools: Pacific Equipment, Labor, & Small Tools: (Markup Included) Sub. Total: MATERIALS (mel Tax) QTY UNIT RATE AMOUNT TRUCKING QTY UNIT RATE AMOUNT $0.00 Paint Beads Asphalt Markers Signs Gal Lbs Lbs Ea Ea $10.00 $0.50 $0.50 $2.50 $100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Low Bed Double-Bottom Semi-Bottom .--.-.-...-.- Transfer End Dump Ten Wheeler HR $80.00 HR $75.00 HR $75.00 HR $75.00 _~ $78.00__ HR $70.00 Total Trucking: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 RENTAL EQUIPMENT QTY UNIT RATE AMOUNT Total Materials: $0.00 ~ ___. $0.00 $0.00 Total Rental Equipment: $0.00 SUBCONTRACTORS QTY UNIT RATE AMOUNT Total Subcontractors: $0.00 $0.00 $0.00 $0.00 Material, Trucking, Rental, & Subs: Sub.SubTotal: Markup (% and $): SubTotal: 10% $0.00 $0.00 $0.00 DATE OWNER'S REPRESENTATIVE (Work Acknowledgment) DATE GRAND TOTALS: Total Cost wi Markup: Bond Fee (% and $): TOTAL EXTRA WORK: 0.00% $0.00 $0.00 $0.00 CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2005-2006 FOR CITYWIDE ROUNTlNE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of June 14, 2004 by and between the City of Temecula, ("City") and Strong's Painting ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July I, 2005 and shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit" A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 1 R:\maintain\workorders\master coost\2005-2006\Strongs 05-D6 Agrmt 6. W AIYER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREY AILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777 .5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the'terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 R:\maintain\workorders\master const\2005-2006\Strongs 05..Q6 Agrmt 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment oflosses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the 3 R:\maintain\workorders\master cOllSt\2005-2006\Strongs 05-06 Agnnt Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. " 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR, Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be 4 R:\maintain\workorders\master const\200S.2006\Strongs OS..()6 Agrmt available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT, After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all worlcmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a 5 R:\maintain\workorders\masrer const\2005.2006\Strongs 05-06 Agrmt receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Strong's Painting 31265 Saddleback Lane Menifee, CA 92584 (909) 679-4554 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES, At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. . 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest. direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )conunencing with Section 1090) or Article 4.6 (conunencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 6 R:\maintain\workorders\master const\200S-2006\Strongs 05-06 Agrmt 28. AUTHORITY TO EXECUTE TillS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 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 CONTRACTOR STRONG'S PAINTING 31265 Saddleback Lane Menifee, CA 92584 (951) 679-4554 By: Gary Strong, Owner 7 R:\maintain\workorders\master const\2005-2006\Strongs 05-06 Agrmt EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 8 R:\maintain\workorders\master const\2005-2006\Strongs 05-06 Agnnt EXHIBIT B LABOR AND EQUIPMENT RATES 9 R:\maintain\workorders\master const\200S.2006\Strongs 05-06 Agrmt RECEIVED APR 2 6 2005 CITY OF TEMECULA PUBLIC WORKS DEPARTMENT License # 687275 (951) 679-4554 STRONG'S PAINTING 31265 SADDLEBACK LANE MENIFEE, CA 92584 FAX (951)679-4554*51 April 24, 2005 City of Temecula P.O. Box 9033 Temecula, Ca. 92589-9033 Attn: Brad Buron Re: Time and Material Sheet Strong's Painting has been in business for 29 years and is family owned and operated. We specialize in interior/exterior painting, small drywall repair, texturing, stucco repair, power washing, wallpaper removal and hanging and light maintenance work. We currently carry a $1,000.000.00 per occurrence policy naming the City of Temecula as an additional insured and will send upon request. We are also members of the Better Business Bureau and hold a state contractors license. Hourly rate: $40.00 per hour Holiday and weekend rate: $55.00 per hour Mark up on parts, materials and equipment is not more than 12% Thank you, Gary Strong Strong's Painting CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2005-2006 FOR CITYWIDE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of June 14, 2004 by and between the City ofTemecula, ("City") and MONTELEONE CONTRACTORS, INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: I. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, and maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July I, 2005 and shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit" A". The maximum amount of payment under this Agreement shall be One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all maintenance work and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. R:\maintain\workorders\Monteleone 05-06 Agrmt\master const agrmt 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7 . PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are available from the California Department Industrial Relations' Internet web site http://www.dir.ca.gov . Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8, SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 R:\maintain\workorders\Monteleone 05-06 Agrmt\master const agrmt 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (I) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (I) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment oflosses 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: (I) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed J R:\maintain\workorders\Monteleone 05-06 Agrmt\master canst agrmt operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. " 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, 4 R:\maintain\workorders\Monteleone 05~06 Agnnt\master cornt agrmt obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 5 R:\maintain\workorders\Monteleone 05.06 Agrmt\master const agrmt 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To CO\ltractor: Monteleone Contractors, Inc. 35245 Briggs Road Murrieta, California 92563 (951) 538-6537 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a contlict of interest under Article 4 )corrunencing with Section 1090) or Article 4.6 (corrunencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 6 R:\maintain\workorders\Monteleone OS..Q6 Agrmt\master const agrmt 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any . and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 7 R:\maintain\workorders\Monteleone 05-06 Agrmt\master canst agrmt 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 CONTRACTOR MONTELEONE CONTRACTORS INC. 35245 Briggs Rd. Murrieta, CA 92563 (951) 538-6537 Ryan Monteleone 8 R:\maintain\workorders\Monteleone 05-06 Agrmt\master const agrmt EXffiBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, and maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning work is set forth as follows: I. Director of Public Works ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 9 R:\maintain\workorders\Monteleone 05-06 Agrmt\master const agrmt EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\Monteleone 05-06 Agrmt\master const agrmt CITY OF TEMECULA ANNUAL MAINTENANCE CONTRACT AGREEMENT FISCAL YEAR 2005-2006 FOR CITYWIDE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of June 14, 2005 by and between the City ofTemecula, ("City") and BECKER ENGINEERING ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement. maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work. The work under this Agreement is non- exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2005 and shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit" A". The maximum amount of payment under this Agreement shall be Two Hundred Thousand Dollars and No Cents ($200,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all maintenance work and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out 1 R:\maintain\workorders\Becker 05-D6 Agrmt\master const agrmt of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREY AILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are available from the California Department Industrial Relations' Internet web site htlp://www.dir.ca.gov. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, 2 R:\maintain\workorders\Becker 05-06 Agrmt\master canst agrmt demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. n. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents. representatives. or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (I) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1.000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope 3 R:\maintain\workorders\Becker 05-06 Agrmt\master coost agrmt of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. " 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to 4 R:\maintain\workorders\Becker 05-06 Agrmt\master const agrrnt Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15, CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed. all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS, Contractor's books, records, and plans or such part thereofas may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 5 R:\maintain\workorders\Becker 05-06 Agrmt\master const agrmt 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Becker Engineering P.O. Box 890365 Temecula, California 92589-0365 (951) 731-3991 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City ofTemecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula. and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 6 R:\maintain\workorders\Becker 05-06 Agrmt\master coml agrmt 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 7 R:\maintain\workorders\Becker 05-06 Agnnt\master const agrmt IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR BECKER ENGINEERING P.O. Box 890365 Temecula, CA 92589-0365 (951) 731-3991 Walter K. Becker, Owner 8 R:\maintain\workorders\Becker 05-06 Agrmt\master const agrmt EXIDBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, and maintenance. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 9 R:\maintain\workorders\Becker 05-06 Agrmt\master const agrmt EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\Becker 05~06 Agrmt\master const agrmt B E C K E R ENGINEERING CA License # 683396-A P.o. ilox 890365 . Temecula. CA 92589-0365 (951) 712-2341 , GENERAL . ENGINEERING . CONSTRUCTION , PROPOSAL & CONTRACT OWNER I CONTRACT~ PHONE: I ~U~y 05 ITY OF TEMECULA/PUBLlC WORKS 951-694-6411 , NAME: D~I\U ~V'~' LEGAL lOB LOCATION: STREET: 43200 BUSINESS PARK DR. STREET: CITY: TEMECULA I STATE: CA. CITY: We propose to furnish all equipment and perform all labor necessary 10 complete the following: , AS PER YOUR LETTER OF REQUEST FOR NEW TIME AND MATERIAL RATES DATED 11 APRIL 2005. PLEASE REVIEW PAGE #2 This contract does not include any damage or repairs to underground facilities not visible from the surface or otherwise designated by owner I conlractor and stated in this agreement. Any exlra work or delays will result in contraclreverting to Time , & Material. All of the above work to be completed in a substantial and workmanlike manner according 10 standard practices for the sum of N/A DOLLARS ($ N/A ) Terms of Payment: I , Any alteration or deviation from the above specifications involving extra cost of materials or labor will only be executed upon written orders for same, and will become an extra charge overthe sum mentioned in this contract. All agreements must be made , in writing. , It is further understood and agreed that Workmen's Compensation and Public Liability Insurance will be provided, however, coverage applies only to work actually performed by Becker Engineering in accordance with terms and conditions of this contract. Certificales of Insurance will be furnished upon request. -"O~AL"V?V~Tt Authonzed Signature: . . "-.... , . . BECKER .ENGKNEERKNG< CA IJcense * 683396-A P.O. Box 890365 . TemecuIa, CA 92589-0065. GRADING . PAVING . CONCRETE . DEMOLITIONS PROPOSAL & CONTRACT- LABOR RATES S.T. O.T. SUPERINTENDENT WITH 1 TON TRUCK FOREMAN WITH 1 TON TRUCK $ 68.75 $ 64.50 $ 53.50 $ 103.64 $ 93.95 $ 76.50 GENERAL LABORER NOTE: THESE lABOR RATES REFLECT lATEST RAISES IN P.W. SCALE. BARE EQUIPMENT 545 EXCAVATOR 331 BOBCAT EXCAVATOR 450 DOZER SKIPLOADER 310 BACKHOE 2040 MUSTANG 2040 MUSTANG WI BREAKER 2040 MUSTANG WI BROOM S-250 BOBCAT S-250 BOBCAT WI BREAKER BOBTAIL DUMP TRUCK 1 TO 3 TON ROLLER 3 TO 5 TON ROLLER VIBRATORY PLATE WACKER TAMP WATER TRUCK D-4 DOZER D-5 DOZER D-6 DOZER D-8 DOZER 12 G BLADE 14 G BLADE AREA MOVE INS $ 71.25 PER HOUR $ 61.25 PER HOUR $ 61 .25 PER HOUR $ 46.75 PER HOUR $ 61 .25 PER HOUR $ 49.50 PER HOUR $ 77.50 PER HOUR $ 87.50 PER HOUR $ 61 .25 PER HOUR $ 87.50 PER HOUR $ 61 .25 PER HOUR $ 32.50 PER HOUR $ 46.75 PER HOUR $ 26.50 PER HOUR $ 26.50 PER HOUR $ 66.50 PER HOUR $148.50 PER HOUR $160.00 PER HOUR $195.00 PER HOUR $225.00 PER HOUR $235.00 PER HOUR $268.00 PER HOUR $105.00 ALL MATERIALS AND RATES AT A.P.W. STANDARDS BOOK RATES CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2005-2006 FOR CITYWIDE MAINTENANCE Tms MAINTENANCE CONTRAOT, made and entered into as of June 14, 2005 by and between the City of Temecula, ("City") and IMPERIAL PAVING CO., INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit" A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT, This Agreement shall commence as of July 1, 2005 and shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit" A". The maximum amount of payment under this Agreement shall be Two Hundred Thousand DoUars and No Cents ($200,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been perfOrmed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all maintenance work and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making fmal request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out t R:\maintain\workorders\Imperial Paving 05--06 Agrmt\master canst agrmt of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Departtnent of Industrial Relations. These rates are.available from the California Department Industrial Relations' Internet web site htlp:\\www.dir.ca.gov. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, 2 R:\maintain\workorders\Imperial Paving 05-06 Agrmt\master canst agnnt demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 000 I). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment oflosses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope 3 R:\maintain\workorders\Imperial Paving 05-06 Agrmt\master const agrmt of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. " 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to 4 R:\maintain\workorders\ImperiaJ Paving 05-06 Agrmt\master canst agrmt Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shaH at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20, INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage 5 R:\maintain\workorders\Imperial Paving 05-06 Agrmt\master canst agrmt prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Imperial Paving Co., Inc. 13555 E. Imperial Highway Whittier, CA 90605 (562) 944-0975 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and llPon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE Tms AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute 6 R:\maintain\workorders\Imperial Paving 05-06 Agrmt\master const agrmt this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 7 R:\maintain\workorders\Imperial Paving OS..Q6 Agnnt\master const agrmt IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR IMPERIAL PAVING CO., INC. 13555 E. Imperial Highway Whittier, CA 90605 (562) 523-4492 Fritz Coy, Secretary/Treasure 8 R:\maintain\workorders\Imperial Paving 05-06 Agrmt\master const agrmt EXIDBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 9 R:\maintain\workorders\Imperial Paving 05-06 Agnnt\master coma agrmt EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maiotain\workorders\ImperiaJ Paving 05-06 Agrmt\master canst agnnt CITY OF TEMECULA P.O. BOX 9033 TEMECULA, CA 92589-9033 RE: TIME AND MATERIAL SHEET / FISCAL 2005 - 2006 ATIENTION: BRAD BURON LABOR BREAKDOWN ALL LABOR - u u - u - - u - - - - - u - - - - u u u - u - U - - - -- - - - - $ 45.00 PER HOUR OVERTIME I II, TIME (AFfER8HRS/SATURDAYS) - - - - - - - - u - - - - -$ 67.50 PER HOUR DOUBLETIME 2 TIME (SUNDAYSIHOLIDAYS) - - - -- -- - - - - - - - -- --$ 90.00 PER HOUR EOUIPMENT BREAKDOWN (DOES NOT INCLUDE LABOR) FLATBED TRUCK WITH COMPRESSOR MOUNT - - - - - - - - - - - - - - - - $ 325.00 PER DAY BOB TAIL TRUCK 9 -II YARDS - - - - - u - - - u__ - - - - -- - - - - - - - u$ 315.00 PER DAY CONCRETE FLATBED TRUCK - - - u - - - u - - - - --- -- -- - - - - _u - - $ 300.00 PER DAY DUMP TRUCK & PUP TRAILER - - -- - - - - u - - - u --- U - - - -- - - - - $ 390.00 PER DAY AIRCOMPRESSOR- - - - u - u - ___ - - - - _u - - - - uu - - - - u - -- - $ 150.00 PER DAY WATER TRUCK - - uu - - - - - __ - __ - - - - u_ - - - - u_ u - - - - - - - --$ 275.00 PER DAY FLATBED TRUCK Willi 3-5 TON ROLLER COMBO (MINlMUM) - - - - $ 505.00 PER DAY DUMP TRUCK WITH SKIPLOADER & TRAILER COMBO - - - - - - - - - $ 505.00 PER DAY 10-12 TON ROLLER INCLUDING TRAILER - - - - -- --- - - - - - - - u - - $ 250.00 PER DAY 3-5 TON ROLLER INCLUDING TRAILER - - - - - - u - - - - -- - - -- - u - $ 245.00 PER DAY BERMMAClllNE MINIMUM CHARGE - - - - - ---- - - u u - - - - - - - - $ 150.00 PER DAY BOBCAT Willi BUCKET - - - - u_ - - - - - u _u - -- - -- -- - - - - - - - - $ 500.00 PER DAY BOBCAT WITH GRINDER- - -- u - - - uu u - u_ - - - - __u - - - u $ 550.00 PER DAY ARROW BOARD WITH TRUCK - - -- - u - - u - - u uu - - - - - - - u -$ 250.00 PER DAY STANDARD SET (COMMON REPAIR CREw) FOUR MAN CREW SKIPLOADER DUMPTRUCK 3-5 TON ROLLER FLATBED Willi COMPRESSOR & TOOLS - - - - - - - - - - - - - - - - - - - -$ 2,600.00 PER DAY LESS TIIAN 8 HRS (2HRMINIMUM) - - - - - - - - --- - - -- - - - - - - u_ $ 400:00 PER HOUR MATERIALS ASPHU\LT--------------------------------------------$ ASPHU\LT PLANT OPENING ON SATURDAYS - - - - - u - - ___ u__ $ BASE ROCK CLASS II __ - - - u u - - - u - - - -- - - - - - - - - - - - - - - - -$ TACK MATERIAL - - ___ - __ ____ __ - _u - - u u _ _ __ __ _ _ _ - - - - $ CONCRETE------------------------------------------ $ CONCRETE AFfER4 YARDS - - - - __u - - - _uu - - __ __ - - - _u_ $ NOTE: ABOVE PRICES SUBJECT TO PUC CHANGE. 20% MARK UP ON SUBCONTRACTORS. 45.00 PER TON 1,000.00 12.50 PER TON 1.60 PER GAL 425.00 MIN. LOAD 75.00 PER YARD NOTE: IMPERIAL PAVING PROVIDES THE FOLLOWING SERVICES: EXCAVATION, GRADING, PAVING, CONCRETE, DEMOLmON, GENERAL CONSTRUCTION SERVICES, SEAL COATING AND STRIPING. (562) 944-0975 · (714) 523-4492 · (800) 634-3923 . Fax (562) 944-0984 13555 E. Imperial Hwy., Whittier, California 90605 CITY OF TEMECULA ANNUAL MAINTENANCE CONTRACT AGREEMENT FISCAL YEAR 2005-2006 FOR CITYWIDE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of June 14, 2005 by and between the City of Temecula, ("City") and RENE'S COMMERCIAL MANAGEMENT ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, and maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2005 and shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit" A". The maximum amount of payment under this Agreement shall be Two Hundred Thousand Dollars and No Cents ($200,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all maintenance work and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. R:\maintain\workorders\Renes 05-06 Agrmt\master canst agrmt 6, WAIVER OF CLAIMS. On or before making fmal request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREV AILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are available from the California Department Industrial Relations' Internet web site http://www.dir.ca.gov. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections l773.8,1775,1776,1777.5,1777.6,and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 R:\maintain\workorders\Renes 05-06 Agrmt\master const agnnt 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives. or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self'insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment oflosses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the 3 R:\maintain\workorders\Renes 05-06 Agrmt\master COMt agrmt Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. " 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be 4 R:\maintain\workorders\Renes 05..Q6 Agrmt\master const agnnt available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION, The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests sliall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service. (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a 5 R:\maintain\workorders\Renes 05-06 Agnnt\master canst agrml receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Rene's Commercial Management 1002 Luna Way San Jacinto, California 92583 (951) 487-0247 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula. and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 6 R:\maintain\workorders\Renes 05-06 Agrmt\rnaster const agrmt 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 7 R:\maintain\workorders\Renes 05-06 Agrmt\master const agrmt IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR RENE'S COMMERCIAL MANAGEMENT 1002 Luna Way San Jacinto, CA 92583 (951) 487-0247 Rene Martinez, Sr., Owner 8 R:\maintain\workorders\Renes 05-06 Agrmt\master const agrmt EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, and maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 9 R:\maintain\workorders\Renes 05-06 Agnnt\master const agrmt I EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\Renes 05-06 Agrmt\master const agrmt Rene's Commercial Management 1002 Luna Way * San Jacinto, CA 92583 * TeL (951) 487-0247 * Fax (951) 487-0479 CLIENT: City of Temecula, CA DATE: May 15,2005 TIME & MATERIAL RATES FOR JULY 2005 / 2006 . WEED SPRAYING: 1) Pre-emergent Aoolications: a) Sensitive Areas (Landscape areas): b) Non-sensitive Areas (Roadsides): $225.00/Ac $215.00/Ac 2) Post-emergent Aoolications: (Older, larger weeds, higher rates) $145.50 - $195.50/Ac NOTE: (1 mile = 5,280 ft. x 8 ft. wide = about 1 acre) MECHANICAL WEED ABATEMENT: Forman & Pick-up Man / Equipment Per Hour $31.50 $25.50 Sat / +8 hrs. $34.50 $29.50 Emel'2encv Response Rate $38.35 $34.45 GENERAL LABOR. TRASH PICK-UP. HAULING. ETC: Per Hour Sat. / +8 hrs. Emel'2encv Response Rate Foreman & Pick-up $31.50 Per Man Hour $23.50 $34.50 $26.00 $38.45 $34.35 TRACTOR / MOWING: EquiPn'15with Operator: $65.00/Hr. (Rate incl des transportation cost) All of these rates reflect current "Prevailing Wage and Certified Payroll". (Minimum 3 Hours Charge) ,t .. . .. ..... .i~ r-.' '. :r" Rene B. Martinez Sr. - Cellular Phone: (951) 830-0239 - 24 Hours ITEM 18 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council William G. Hughes, Director of Public Works/City Engineer DATE: June 14, 2005 SUBJECT: Annual Purchase Agreement for Citywide Street Name Signs, Traffic Control Signs, Replacements and Repairs for Fiscal Year 2005-2006 PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve an annual agreement with Main Street Signs for the purchase of Citywide street name signs, traffic control signs, replacements and repairs in the amount of $60,000.00 for Fiscal Year 2005-2006. BACKGROUND: The Public Works Maintenance Division requested quotes from three (3) sign manufacturing vendors for the purchase of Citywide street name signs, traffic control signs, sign replacements and repair hardware. Main Street Signs provided the lowest quote for the Citywide signs and the necessary hardware for new installations, replacement, repair and related hardware. Main Street Signs has been providing all City street name signs and repair hardware for 13 years. In obtaining price quotes from various vendors, Main Street Signs has consistently been the lowest and most responsible bidder in providing the City with exceptional; and reliable service for the passed 13 years. Now that the City has grown our needs for street name signs and repair hardware has increased resulting in cost exceeding $25,000.00. In order to remain consistent with the City's current street name sign stock, and to maintain the ability to provide signs and hardware within 24 to 48 hours from the vendor for sign installations and repairs we are requesting approval to enter into a contract with Main Street Signs for these services. FISCAL IMPACT: Adequate funds are available in the Public Works, Maintenance Division Signs Account 001-164-601-5244 and the Public Works Traffic Division Signs Account 001-164-602-5244 for Fiscal Year 2005-2006. ATTACHMENTS: Contract Agreement 1 R:\AGENOA REPORTS\2005\061405\Annual Sign Purcl1ase Agrmt.DOC NON.EXCLUSlVE COMMODITY AGREEMENT PUBLIC WORKS MAINTENANCE DIVISION CITY STREET NAME SIGNS ANNUAL AGREEMENT FY05-06 CITY OF TEMECULA 43200 Business Park Drive Temecula, California 92590 THIS AGREEMENT is made and entered into as of June 14,2005, by and between the City of Temecula, a municipal corporation and Main Street Signs (Vendor). In consideration of the promises and mutual agreements herein contained, the parties hereto agree as follows: 1. Purchase of Goods. Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for the non-exclusive procurement of retail goods as specified on Exhibit A, attached hereto and incorporated herein as though set forth in full. The Vendor understands this Agreement is non-exclusive and the City reserves the right to purchase similar goods from other vendors. 2. Term of Agreement. This Agreement shall commence on July 1, 2005 and shall terminate as of June 30, 2006. 3. Payment. The City agrees to pay the Vendor for merchandise ordered and received with an annual not to exceed amount of Sixty Thousand Dollars and No Cents ($60,000.00) for the total term of the Agreement. Vendor will submit invoices monthly for actual merchandise ordered and received. Invoices shall be submitted between the first and fifteenth day of each month for merchandise delivered and accepted. Payment will be made within thirty (30) business days following the receipt of invoice as to all non-disputed fees. The not to exceed purchase amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases. 4. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authoritv and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery, and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute legal, valid, and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Ooeratinq Condition. Vendor has good and marketable title to all of the merchandise. All of the merchandise are free and clear of any restrictions on or mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions, and restrictions except for such as may be created or granted by City. All of the merchandise is in good condition, free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Vendor's catalog, website, retail store, quote or in the Contract Documents that may be attached hereto or incorporated herein. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. Time and Place of Delivery. The date and time of delivery of the merchandise shall be stated at time of order. The merchandise shall be delivered to the City location as stated on the purchase order or at time of merchandise order. 1 r:\Maintain\Workorders\Contract Mastor\2005-2006\Main Street Signs 05-06 Agnnt 6. Risk of Loss. Risk of loss, damage and destruction of the merchandise shall remain with the Vendor until after inspection and acceptance of the merchandise by City. 7. Inspection and Acceptance. City shall inspect the merchandise at the time and place of delivery. Such inspection may include reasonable review by City. If in the determination of the City, the merchandise fails to conform to the Agreement I N ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise shall be deemed accepted by City as of the date of receipt. 8. Rejection. In the event of such notice of non-conformity by City pursuant to Section 7, City may, at its option (1) reject whole of the merchandise, (2) accept the whole of the merchandise, or (3) accept any commercial unit or units/portions of the merchandise and reject the remainder. The exercise of any of the above options shall be ''without prejudice" and will full reservation of any rights and remedies of City attendant upon breach. In the event of such notice and election by City, the City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions Vendor shall indemnify in full for such expenses. 9. No Replacement of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the merchandise tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the merchandise or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 10. Non-Assignability. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. Independent Contractor. The Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Work under this Agreement on behalf of the ContractorNendor shall at all times be under Contractor'sNendor's exclusive direction and control. 12. Legal Responsibilities. The Vendor shall keep itself informed of all local, S tate, and Federal ordinances, laws, reguiations, and procedures which in any manner affect those empioyed by it or in any way affect the performance of its services pursuant to this Agreement. Vendor shall at all times observe and comply with all such ordinances, laws, regulations and procedures. The City, and its officers, agents, employees, and volunteers shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 13. Indemnification. The Vendor 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 a nd expert witness fees, or liability 0 f 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 negligent or wrongful acts 0 r omissions a rising out of 0 r in a ny way related to the performance or non-performance of this Agreement, excepting oniy liability arising out of the negligence of the City. 14. Termination or Suspension. This Agreement may be terminated or suspended at any time, for any reason, with or without cause at the sole and exclusive discretion of the City Manager, without default or breach of this Agreement by the City. 15. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, and performance of this Agreement. 16. Remedies. The remedies and rights conferred on the City by this Agreement are in addition to and cumulative of all other remedies and rights accorded the City under law or equity. 2 r:\Maintain\Workorders\Contract Mastor\2005-2006\Main Street Signs 05-06 Agrrnt 17. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties 18. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. 19. Entire Agreement. This is the entire agreement between the parties regarding the commodities purchased by this Agreement. Any modification or amendment of this Agreement shall not be effective unless in writing and assigned by the parties to this Agreement. 3 r:\MaintainIWorkordersIContract Mastor\2005-2006\Main Street Signs 05-06 Agnnt IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date 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 Vendor: Main Street Signs 1211 W. Brooks St., #A Ontario, CA 91762 Phone: (909) 391-0988 FAX: (909) 391-0249 Chuck Atha, Owner 4 r:\Maintain\Wor1<orders\Contract Mastor\2005-2006\Main Street Signs 05-06 Agnnt Exhibit A Description and Price List of Merchandise 5 r:\Mainlain\Workorders\Contract Mastorl2005-2006\Main Street Signs 05-06 Agrmt !RI ,R2 ,R7 W55 .W5 G93 R35 CI8 RI6 R26 . W57 ;RII C5 MAIN STREET SIGNS Estimate 1211 W. BROOKS ST. STE. A ONTARIO, CA 91762 DAn I I 4/29/2005 i - I RECEIVED MAY 0 3 2005 909-391-0988 FAX 909.391.024 NAME I ADDRESS i CITY OF TEMECULA PO BOX 9033 . TEMECULA. CA 92589-9033 SIGN DESCRIPTION STOP SIGN 30" HI 1160 . SPEED LIMIT 25 24X30 KEEP RIGHT SVMBOL 24X30 FLOODED 30" 'CURVE (ARROW) L TOR RT 36" i BIKE ROUTE 24X 18 TRUCK ROUTE 24X24 ROAD CONSTRUCTION AHEAD 36" NO RIGHT TURN SYMBOL 24" NO PARKING ANY TIME 12Xt8 SINGLE HEAD ARROW SYMBOL L TOR RT 36" DO NOT ENTER 30" ,DETOUR W/ARROW 36XI2 SALES TAX -- 0_ ALL QUOTES GOOD FOR 30 DA YS. THANK YOU FOR CONSIDERING MAIN ST. SIGNS FOR ALL YOUR SIGN NEEDS! YOU CAN ALSO E-MAIL US AT 4mainst2@gte.net CITY OF TEMECULA PUBLIC WORKS OEPARTMENT BRAD BURON , ..- QTY I UNIT ! I 35.00 I 23.50 I 23.50 I 27.75 I 31.00 I 14.00 I 18.40 I 31.00 I 18.40 I 6.75 I, 31.00 , II 27.75 I I! 14.00 7.75% I I J 0_ _ _I TOTAL $325.46 S5:24-S5 S7:49 J S SIGN CO ID=714 5382779 PS2 ~cJJ Traffic Signs Inc. 1255 N. BATAVIA AVE. . ORANGE, CA 92667 . (714) 639.5622 Joe HAilE: I lOC4f'ON: I ClfY: I elr D4TE: PRIV4lE , rt rG/ () r ~fllJ~~ I 04lE -5 /d-'YO ~ OWNER: ~ ~. (Ji/u ~ , ITEM NO. I I I I I I I I I I I I I I I I I PUBLIC WORKS The above vnil' price will remain effecTive unril; TERMS OF PAYMENT GRANO TOT AL 12M.57 I - REceWED MAY ~ 4 Z005 CITY OF TEME.CUL!\ ENGI Ma~ 16 05 02:32p RI R2 R1 W55 ,W5 !(i9J : (OS iCli :RI^ R26 W57 '11\11 CS I I , RENTAL - SALES~ INSTALLATION - TRAFFIC PLANS - CUSTOM SIGi'S II r'-j y:- / 'J c, s r-) L c,__ L. ~ L L ~_. 1_ "-_. '-_ ,- [\1~. \ [<'[(Ie: LsC.l i. Yj' [l}J 1<:1 (If '. L~ 1-... L" _ _' u 1 _ ".>.\ L To ~ i(l'I'VOFn' " PO BOX 90.3 I TEMl\CllLA Meet) .^ ) . CA Y S8Y.YII3J BRAD BURON SIGN I I DESCRIPTION I ! STOP SI jN )(1" 1-1111611 I SPEW liMIT 15 24XlII Kt.::I~P It! ilff ~YMUOl~ 24X)(1 11'1.000' [) )0' 'CUIIVE A\O\OW) LT Oil IlT lO" RIKER< UTE 24XIH WUCK (Ilm, 24X24 I ROAD C NSTRVCnnN AHEAD JG" INO RIGI TTUHNSYMUO[. 24" iNOI'A[l'INGANYTIME 12XlH :~INGLI, IEI\OAI{lWWSYMUOLLTOII IlT 36" DO NUT EN'IHe 30' DETOUI W/ARIHlW 36X 12 SAI J:S '\ ^X I. QTY I UNIT I I: 135.c.o 1: 1 '1.50 I 2 ~.'U " ~o 75 Ii 18 G<O I It;', 75 I 19",(7 I I",. "" I ,e.- I 2, (;,(.j 1 1-".<-<' 1 <0.7<; 1 1,.7S I ! <-( 7-- I..j 'f Z- '-t L.[Z'i 5 {"-lot: "L ,,-,~q" , .if ~o,oo $ /2,00 Y /0,00 ~c..pf -;'~5 c.~.<!5 '7070 C-1oS5 I'r<t:CeS p'f If "-'If '('0 <1 rri/fct. S"C?,do"1 , , i ! I i i I 4. Pfc tf .t'<+C(f c"f. (.It TOTAL P 1 RECEIVED MAY 16 2005 CITY OF TEMECULA ENGINEERING OEPARTMI;NT TrAMS N(IJO TOTAL Ei 5': 00 2 't.5<' 7,-/.50 10 -r~ Je. '-'0 /.,.7'i '<i'. 50 :~,GJO /9.S0 '7.<>0 ~",", 10'.75 IS: '15 3 '12.<""' ,o.3e""" ~ trz.l,38 '1' 41806 Ivy Str et . Murrieta, CA 92562 . Phone (951) 696-6950 . Fax (951) 696-7997 ITEM 19 APPROVAL rl.....-I- CITY ATTORNEY ~, I'l"'l DIRECTOR OF FINANC.E CITY MANAGER L.AZf V CITY OF TEMECULA AGENDA REPORT FROM: City Manager/City Council tJ~iIIiam G. Hughes, Director of Public Works/City Engineer June 14,2005 TO: DATE: SUBJECT: Second Amendment to Citywide Tree Trimming Maintenance Services Contract PREPARED BY: h'f~ Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council: 1. Approve the Second Amendment to the Citywide Tree Trimming Maintenance Services contract to West Coast Arborists, Inc. for $1 00,000.00 and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,000.00 which is equal to 10% of the contract amount. BACKGROUND: On June 24, 2003 the City approved the annual FY2003-2004 to West Coast Arborists, Inc. for Citywide Tree Trimming Maintenance Services in the amount of $100,000.00. The work performed includes tree and stump removals, root pruning, tree planting and emergency work call-outs. This work is necessary to maintain approximately 7,500 right-of-way I trees know as the City's Urban Forest. The Contractor will inventory all right-of-way trees by name, size and locations. The maintenance schedule is a yearly contract, which began in July 1, 2004. This contract does contain a provision that allows the contract to be extended on a yearly basis by mutual agreement of both parties for up to three (3) years. The First Amendment for Fiscal Year 2004-2005 for an amount not to exceed $100,000.00 was approved by Council on June 22, 2004 which extended the contract term through June 30, 2005. The Second Amendment for Fiscal Year 2005-2006 will extend the contract term through June 30, 2006 for an amount not to exceed $100,000.00. FISCAL IMPACT: Funds are available in the Fiscal Year 2005-2006 Budget for the Public Works Routine Street Maintenance Account 001-164-601-5402 for the contract amount of $100,000.00 plus the 10% contingency of $10,000.00. ATTACHMENT: Amendment NO.2 r:\agdrpt\2005\0614\Wets Coast Amend 21ajp SECOND AMENDMENT TO CONTRACT BETWEEN CITY OF TEMECULA AND WEST COAST ARBORISTS, INC. CITYWIDE TREE MAlNTENACE SERVICES FISCAL YEAR 2005.2006 THIS SECOND AMENDMENT is made and entered into as of June 14, 2005, by and between the City of Temecula, a municipal corporation ("City") and West Coast Arborlsts, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 24, 2003, the City and Contractor entered into that certain Contract entitled "City of Temecula Contract for Construction" ("Contract"), in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00) to provide Citywide tree maintenance services. B. The Contract was amended on June 22, 2004 for additional Citywide Tree Maintenance services for Fiscal Vear 2004-2005 in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00). C. The parties now desire to amend the Contract as set forth in this Amendment. .2. Section 4 of the Contract is hereby amended to read as follows: CONTRACT AMOUNT AND SCHEDULE. The City agrees to pay, and CONTRACTOR agrees to accept, in full payment for the Citywide Tree Maintenance Services as agreed to be done, and described in this Second Amendment for Fiscal Vear 2005-2006 in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00) and the First Amendment in the sum of: One Hundred Thousand Dollars and No Cents ($100,000.00), for a total contract amount of Three Hundred Thousand Dollars and No Cents ($300,000.00.) TERM: The term of the contract shall commence upon award by the City Council and continue through June 30, 2006. The City reserves the option to extend the contract(s) for an additional three (3) years. No price adjustments will occur during the first thirty-six (36) months of this agreement. Upon request of the Contractor and agreement by the City, the item prices may be adjusted by the amount equal to the increase or decrease, during the previous twelve (12) months, in the Riverside, San Bernardino ALL Urban Consumers Index to determine the percentage of increase or decrease, the term "previous twelve months" shall be the 12 month period ending June 30th of that year, or if not available, the prior month. 3. Exceptfor the changes specifically setforth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:\MAINfAINlTREESITREE CONTRACISlW COAST 05-06 AMEND 2.Doe IN WITNESS WHEREOF, the parties hereto have caused this Contract 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 CONTRACTOR West Coast Arborists, Inc. 220 E. Via Burton 51. Anaheim, CA 92806 (714) 991-1900 Patrick O. Mahoney, President Rose Epperson, Treasurer (Signatures of two corporate officers required for Corporations) 2 R:IMAINTAIMTREESITREE CONfRACfSIW COAST 05-06 AMEND 2.DOC www.WCAINC.com Tree Care Professio1Ulls Serving Communities Who Care About Trees March 22, 2005 RECEIVED MAR 2 3 2005 City 01 femecula A/TN: Mr. Brad Buron 43200 Business Park Drive Temecula, CA 92589-9033 CITY OF TEMECULA PUBLIC WORKS DEPARTMENT RE: Renewal of Tree Maintenance Agreement for Fiscal Year 2005-2006 De:)r Mr Huron. Thank you for providing West Coast Arborists, lne. (WCA) with the opportunity to be of service to the City of Temecula. It is our sincere hope that the City is completely satisfied with the service that was provided during this past fiscal year. rhe term of the agreement for tree maintenance services between WCA and the City allows lor ;m extension on a year-to-year basis upon mutual consent. The purpose of this letter is to cxpn~ss our interest in extending the term of the Agreement under the same conditions, and with no increase in price, for fiscal year 2005-2006. We understand that municipalities remain challenged by substantial reductions in revenue and increased operating costs. By not increasing the price, we can help to ease the current financial strain, promote contractor stability and guarantee residents with quality tree care & customer service. We look forward to continuing the strong relationship built between us, and to maintaining quality urban tree care service. Should you have any questions or require additional.' information, please contact me at (800) 521-3714. C' . .)~rl(t'it~li, v;0~~:,~ Director of Marketing I / West Coast Arborists, Inc. . . .. . ITEM 20 APPROVAL CITY ATTORNEY DIRECTOROF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: June 14, 2005 SUBJECT: First Amendments to Professional Services Agreements for Geotechnical & Material Testing Services for Various Capital Improvement Projects for FY 2005-2006 PREPARED BY: Amer Attar, Principal Engineer - Capital Projects Laura Bragg, Project Engineer - Capital Projects RECOMMENDATION: That the City Council: 1. Approve the First Amendment to the Fiscal Year 2005-2006 Professional Services Agreement with EnGEN Public Works Services in the amount of $60,000.00 to provide as needed geotechnical & material testing services and authorize the Mayor to execute the amendment. 2. Approve First Amendment to the Fiscal Year 2005-2006 Professional Services Agreement with Ninyo & Moore in the amount of $60,000.00 to provide as needed geotechnical & material testing services and authorize the Mayor to execute the amendment. BACKGROUND: On June 22, 2004 the City Council approved the Fiscal Year 2004-2005 Professional Services Agreements with EnGEN Public Works Services in the amount of $60,000.00 and Ninyo & Moore in the amount of $60,000.00 to provide as needed services and these services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up through out the year. The City reserved the right to extend the agreements for an additional year pursuant to the terms specified in the agreements. A Request for Proposals was sent out on April 19, 2004 and responses were received on May 11, 2004. Of the two firms that responded both firms have been selected for an annual agreement so that the City is assured that at least one firm will be available when needed. Once the agreement is executed, each service request will be negotiated separately and may contain some or all of the following services: . Research and/or review Title Reports . Prepare necessary surveys and identify existing right-of-ways . Prepare description of properties including, but not limited to, present use, zoning, shape contour and elevations, utilities, etc. . Prepare necessary legal descriptions, exhibits and any other miscellaneous services for acquisition purposes . Provide assistance to the City, as necessary, to acquire right-of-way, preparation of easement documents, permission to enter/grade letters, etc. . Appraise properties for the purpose of estimating market value and provide appraisal reports , R:\Agenda Reports\2005\0125\Maintenance Contracts Amend 1 The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works/City Engineer. This First Amendment to these contracts is necessary due to a time extension of the contracts for an additional year. It is important to understand that the not to exceed amounts of $60,000.00 does not necessarily mean it will be spent but rather is a ceiling to operate on an as needed basis. The First Amendment in the amount of $60,000.00 requested for EnGEN Public Works Services and the original contract for a total contract amount of $120,000.00. The First Amendment in the amount of $60,000.00 to Ninyo & Moore and the original contract for a total contract amount of $120,000.00. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule offees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under these agreements, unless directed otherwise by the City Manager or City Council. ATTACHMENT: 1. Amendment NO.1 to the Agreement with Robert EnGEN Public Works Services 2. Amendment NO.1 to the Agreement with Ninyo & Moore 3. Agenda Report June 22, 2004 2 R:\Agenda Reports\2005\0125\Maintenance Contracts Amend 1 FIRST AMENDMENT TO ANNUAL FISCAL YEAR 2004-2005 AGREEMENT PROFESSIONAL GEOTECHNICAUMATERIAL TESTING SERVICES BETWEEN CITY OF TEMECULA AND EnGEN CORPORATION THIS FIRST AMENDMENT is made and entered into as of June 14, 2005 by and between the City of Temecula, a municipal corporation ("City") and EnGEN Corporation ("Consultant") for Professional Geotechnical/Material Testing Services. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 22, 2004 the City and Consultant entered into that certain agreement entitled "City ofTemecula Agreement" in the amount of Sixty Thousand Dollars and No Cents ($60,000.00) for Professional Geotechnical/Material Testing Services for Fiscal Year 2004- 2005" ("Contract"). B. Section 1 TERM. This Agreement shall commence on July 1, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Contract for one (1) year. If Contract is extended beyond the original term, contract price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles- Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30th ofthat year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Contract be extended beyond June 30, 2006. C. The parties now desire to amend the Agreement as set forth in this First Amendment for an amount not to exceed Sixty Thousand Dollars and No Cents ($60,000.00) for additional Fiscal Year 2005-2006 Professional Geotechnical/Material Testing Services. a. follows: Section 5 PAYMENT of the Agreement is hereby amended to read as The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as set forth in full. The First Amendment amount shall not exceed Sixty Thousand Dollars and No Cents ($60,000.00) for additional Fiscal Year 2005-2006 Professional Geotechnical/Material Testing Services for a total contract amount of One Hundred Twenty Thousand Dollars and No Cents ($120,000.00). 3. 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:\AGREEMENTS\MASTERSIANNUAL MASTER\2005-2006 ANNUAL MASTERIENGEN CORP 2005-2006 AMEND 1.DOC 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 CONTRACTOR EnGEN Corporation 41607 Enterprise Circle North, Suite 1 Temecula, CA 92590 (951) 296-2230 Osbjorn Bartene, President H. Wayne, Baimbridge, CEO/CFO 2 R:lAGREEMENTSIMASTERSlANNUAL MASTERI2oo5-2oo6 ANNUAL MASTERIENGEN CORP 2005-2006 AMEND WOC j ----'.-- . ~GEN _,. ... . ,_ ~ ,n_'" ....,. ........._ ., _.j_..\._"l..l,_,_._r41!t!:l~_.'-T'".. .._ '." II s:i~--"'''''''',.I~''":'''':'~__'. ' _ Coq::~oration . Soil Engineering and Consulling Services . Engineering Geology .Compaclion1esting -Inspections . ConstlLJtlionMalerialsTesling . LaboraloryTesling-PercolationTesling . Geology. Waler Resource Srudies . Phase I 1\: IJ Environmenlal Site Assessmenls ENVIRONMENTAL & GEOTECHNICAL ENGINEERING NETWORK May 31, 2005 City of Temecula 13200 Business Park Drive Temecula, California 92589-9033 Attention: Laura Bragg, Project Engineer Subject: Extension of Annual Contract for Geotechnical & Consulting Services Dear Ms. Bragg: Please accept this letter as a formal request for the extension of EnGEN Corporation's (EnGEN) annual contract for Geotechnical Consulting and testing services through fiscal year 2005 - 2006. You will find EnGEN's current schedule of professional fees attached as an appendix to this communication. Thank you for the opportunity to provide this letter of interest. Should you have any questions or concerns please contact this office at your earliest convenience. Respectfully submitted, EnGEN Corporation :.2~,~ ---, HWB:lhw ....-cc~ ~'7'~~~/~arnetingIAnnUal ::tr:~~~t~;~:~CUI~contract extension 200~2006doc \~;~~~~:;~ '-'h';~: ~-':--~\;:;~'-,--...':./ / . -.. h .,.- , ~.-'.(" : " I . .' .J ." ,- 1 <'l_ / / EnGEN Corporation 2005 SCHEDULE OF PROFESSIONAL FEES HOURLY PERSONNEL CHARGES Principal............................................................................................ ................................... $175.00 Registered Environmental Assessor (REA)......................................................................... $125.00 Geotechnical Engineer, (GE)............................................................................................... $125.00 Engineering Geologist, (CEG)................................ ............................................................. $125.00 ~ Project Engineer (RCE) ....................................................................... ................................ $100.00 Project Geologist (RG) .............................................. .......................................................... $100.00 Staff Engineer/Project Manager............................................................................................ $80.00 Staff Geologist........................................................ ............................................................... $80.00 Field Supervisor................................ ................ ..................................................................... $80.00 Senior Technician.......... ......... ............................... ................................................................ $80.00 Senior Field Technician, Prevailing Wage Rate .................................................................. $120.00 Field Technician.......... .................... ............ .......................................................................... $75.00 Field Technician, Prevailing Wage Rate.............................................................................. $115.00 Lab Technician.......... ..... ............................ ......... ........................... ...... ................................. $70.00 Drafting Services........................... ....................... ................................................................. $60.00 Word Processing..... ........ ......... .......................................... .......................... ......................... $60.00 Clerical Services.................................... ................................................. ............................... $55.00 Special Inspector (Concrete, Mason & Welding)...........................................................On Request Court Appearance, Depositions, and/or Govemmental Representations (including Travel Time, hourly rate) ............................................................................ $250.00 Please note there is a two (2) hour minimum for services provided on a weekday and afour (4) hour minimum per site visit for services provided on a weekend or holiday. ADDITIONAL CHARGES Vehicle Charge (mileage exceeding 50 miles round trip from office), per mile .............On Request Postage or Special Delivery Services............................................................................ Cost + 15% Outside Services ........................................................................................................... Cost + 15% Standard copies of reports, wet signed (each) ..............................................................On Request Per Diem, (per day per person).....................................................................................On Request Overtime Rate/Holiday Rate................................. ......................................................... $25.00/hour Prevailing Wage OfT Rate............ ........................ ....... ............. ..................................... $15.00/hour Prevailing Wage DfT Rate.......... ....... ........................... ............................................... ..$25.00/hour Prevailing Wage Holiday Rate....................................................................................... $50.00/hour LABORATORY TESTING FEES Laboratory testing fees are per test and do not reflect sample pick-up and delivery charges or out of ordinary sample preparation time. Fees for additional tests are available upon request. SOIL TESTING Maximum Dry Density I Optimum Moisture Content Relationships a) ASTM D-1557, (Method A)................................................................................... $140.00 b) ASTM D-1557, (Method B, C) .............................................................................. $165.00 c) ASTM D-1557, (Method D)................................................................................... $165.00 d) California Impact (CAL TRANS 216)..................................................................... $140.00 Company Publications//Schedule of Fees. 2005 Page 1013 Revised March 2005 EnGEN Corporation 2005 SCHEDULE OF PROFESSIONAL FEES SOIL TESTING, (Continued) Expansion Index, UBC 29-2 ................................................................................................ $110.00 Sand Equivalent (average of 3 points) ................................................................................ $110.00 Soluble Sulfate ........... ............... .......................... .................................................................. $55.00 Corrosion Analysis (p.H., Redox, Sat. Res., Sulfates)........................................................... $55.00 Atterberg Limits (Plasticity Limit): ........................................................................................ $170.00 Consolidation, single point (collapse test) ............................................................................. $90.00 Consolidation, per additional loading point............................................................................ $40.00 Consolidation, In-situ sample, time rate-ratio data (per increment)........... ............................ $45.00 Direct Shear, in-situ sample, saturated, 3 points ................................................................. $145.00 Direct Shear, remolded sample, saturated, 3 points ........................................................... $175.00 Hydrometer Analysis (minus No. 10 sieve material).............................................................. $80.00 R-Value: CAL TRANS 301 ....................................................................................................... $235.00 C.B.R. (3 points, excluding optimum moisture / max. density curve) ....................... $335.00 Ring Density....... ........ ............ ..... .......................................................................................... $25.00 Sieve Analysis, washed, 3/4" Max. ...................................................................................... $115.00 Specific Gravity (+ No.4 Sieve Material) ............................................................................... $95.00 Specific Gravity (- NO.4 Sieve Material).............................................................................. $100.00 Moisture Content/Dry Density.............. ................. ...... ...................................................... ..... $25.00 Miscellaneous Aggregate Testing .................................:...............................................On Request Other Specialty Testing (not listed above).....................................................................On Request CONCRETE TESTING Concrete Mix Design (review calculations only) .................................................................. $175.00 Flexural Strength, 6"x6"x24" beam........................................................................................ $70.00 Beams Cured but not tested (less than 28 days old)............................................................. $40.00 Compression Tests, Hold Samples, 6"x12" cylinder.............................................................. $25.00 Cylinders Canceled, Not Tested (less than 28 days old)....................................................... $25.00 MASONRY TESTING Compression Test, Hold Samples, Mortar or Grout Cylinders ................................(each) $30.00 Compression Test, Masonry Unit, 3 required (Net area also requires absorption and unit weight tests) ............................(each) $80.00 Absorption Test, Masonry Unit, 3 required (Net area also requires unit weight test).......................................................(each) $60.00 Unit Weight, Masonry Unit, 3 required ....................................................................(each) $60.00 Moisture Content, Masonry Unit (as received), 3 required .......................................(each) $60.00 Lineal shrinkage, masonry unit, 3 required..............................................................(each) $100.00 Tensile Test on Masonry Block ...............................................................................(each) $145.00 Shear Test on Masonry Core ..................................................................................(each) $110.00 Compression Test on Masonry Core ......................................................................(each) $60.00 Compression Test of Masonry Prisms 8"x16" (other sizes on request) ..................(each) $145.00 Other Specialty Testing (i.e., not listed above)..............................................................On Request Company PublicationsfSchedute of Fees, 2005 Page 2 of 3 Revised March 2005 EnGEN Corporation 2005 SCHEDULE OF PROFESSIONAL FEES ASPHALTIC CONCRETE TESTING Specific Gravity (Compacted Sample)................................................................................... $55.00 Stabilometer Test (Sample Mixing - set of 3) ...................................................................... $300.00 Premixed Sample (set of 3)............................:......................................................... $195.00 Extraction, % Bitumen and Sieve Analysis .......................................................................... $195.00 Marshall Test, per Core Specimen, (stability and flow) ...................................................... $165.00 Marshall Test, Maximum Density Only ................................................................................ $165.00 Marshall Test, (Sample Preparation - set of 3).................................................................... $295.00 Evaluation of On-Site Failures ................................................................,...................... On Request Other Specialty Testing (I.e., not listed above)..............................................................On Request MISCELLANEOUS SERVICES Coring Field Samples of Concrete, A.C., Masonry, etc. ................................................On Request Reinforcing Steel, Structural Steel and High Strength Bolt Testing ..............................On Request Portland or Asphaltic Cements, Liquid Asphalts, Emulsions and Slurry Seals..............On Request Roofing Observations and Tests ...................................................................................On Request Density of Sprayed Fireproofing ..............................................................................(each) $55.00 Asbestos P.L.M. Analysis ........................................................................................(each) $35.00 Company Publications/Schedule of Fees, 2005 Page 3 of 3 Revised March 2005 FIRST AMENDMENT TO ANNUAL FISCAL YEAR 2004-2005 AGREEMENT PROFESSIONAL GEOTECHNICAL/MATERIAL TESTING SERVICES BETWEEN CITY OF TEMECULA AND NINYO & MOORE THIS FIRST AMENDMENT is made and entered into as of June 14,2005 by and between the City 0 f T emecula, a municipal corporation ("City") and N inyo & Moore ("Consultant") for Professional Geotechnical/Material Testing Services. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 22, 2004 the City and Consultant entered into that certain agreement entitled "City ofTemecula Agreement" in the amount of Sixty Thousand Dollars and No Cents ($60,000.00) for Professional Geotechnical/Material Testing Services for Fiscal Year 2004- 2005" ("Contract"). B. Section 1 TERM. This Agreement shall commence on July 1, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Contract for one (1) year. If Contract is extended beyond the original term, contract price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles- Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30th ofthatyear, orif not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Contract be extended beyond June 30, 2006. C. The parties now desire to amend the Agreement as set forth in this First Amendment for an amount not to exceed Sixty Thousand Dollars and No Cents ($60,000.00) for additional Fiscal Year 2005-2006 Professional Geotechnical/Material Testing Services. a. follows: Section 5 PAYMENT of the Agreement is hereby amended to read as The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as set forth in full. The First Amendment amount shall not exceed Sixty Thousand Dollars and No Cents ($60,000.00) for additional Fiscal Year 2005-2006 Professional Geotechnical/Material Testing Services for a total contract amount of One Hundred Twenty Thousand Dollars and No Cents ($120,000.00). 3. 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:\.AGREEMENTSIMASTERS\ANNUAL MASTER\2005-2006 ANNUAL MASTERWINYO & MOORE 2005-2006 AMD 1.DOC 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 CONTRACTOR Ninyo & Moore 5710 Ruffin Rd. San Diego, CA 92123 (858) 576-1000 Avram Ninyo, Owner Mark Cuthbert, P.E. Project Manager 2 R:IAGREEMENTSIMASTERSIANNUAL MASTER\2005-2006 ANNUAL MASTERWINYO & MOORE 2005-2006 AMD I.DOC May 25, 2005 Proposal No. P-6349 City ofT emecula Annual Agreement for Geotechnical and Matenals Testing Services Attention: Ms. Laura Bragg City of Temecula 43200 Business Park Drive Temecula, California 92590 Subject: City of Temecula Annual Agreement for Geotechnical and Materials Testing Services for Various ClP Projects, FY2005.2006 Dear Ms. Bragg: In response to your telephone call, we are submitting this letter of acknowledgement. We understand that our cur- rent contract with the City of Temecula will be extended for one year. We have attached our updated fee schedule for the next year for your review and files. Thank you for your confidence in Ninyo & Moore. Should you have any questions, please contact me at (858) 576-1000. Sincerely, NINYO & MOORE ". ~odmacher, C.E.G. ( Princ,ipal Geologist <:jm 5710 Ruffin Road San Diego, California 92123 (858) 576-1000 I(ln9o&'ft.oore May 25, 2005 Proposal No. P-6349 City ofT emecula Annual Agreement for Geotechnical and Matenals Testing Services SCHEDULE OF FEES HOURL V CHARGES FOR PERSONNEL Pnncipal Engineer/GeoIogisVEnvironmentaJ Scientist..................................................................................................................................... $ 131 Senior Engineer/Geologist/Environmental Scientist ........................................................................................................................................ $ 124 Senior Project Engineer/Geologist/Environmental Scientist ........................................................................................................................... $ 121 Project Engineer/GeoIogisVEnvironmental Scientist ....................................................................................................................................... $ 119 Senior Staff Engineer/GeoIogisVEnvironmental Scientist ............................................................................................................................... $ 115 Staff Engineer/GeoIogisVEnvironmental Scientist ........................................................................................................................................... $ 101 Field Operations Manager ................................................................................................................................................................................ $ 89 Supervisory Technician ..................................................................................................................................................................................... $ 73 Senior FieicliLaboratory T echnician.................................................................................................................................................................. $ 71 FielcliLaboratory T echnician.............................................................................................................................................................................. $ 71 ACI Concrete T echnician .................................................................................................................................................................................. $ 71 Concrete/Asphalt Batch Plant Inspector .......................................................................................................................................................... $ 71 Special Inspector, Reinforced Concrete........................................................................................................................................................... $ 61 Special Inspector, Pre-stressed Concrete........................................................................................................................................................ $ 61 Special Inspector, Reinforced Masonry ........................................................................................................................................................... $ 61 Special Inspector, StructuraJ Steel.................................................................................................................................................................... $ 61 Special Inspector, Welding, AWS..................................................................................................................................................................... $ 61 Special Inspector, Fireproofing..... .................. .......... ....... ...... ......... ...... ............. ........... ................... ............. ........... .......... ....... ........ .......... ...... $ 61 Nondestructive Examination Technician, UT, MT, LP ..................................................................................................................................... $ 68 Concrete Conng Technician and Equipment ................................................................................................................................................... $ 98 Pull Test T echrucian and Equipment ................................................................................................................................................................ $ 74 IS/GIS Specialist................................................................................................................................................................................................ $ 79 Technical Illustrator/CAD Operator................................................................................................................................................................... $ 79 GeotechnicaVEnvironmentaVLaboratory Assistant.......................................................................................................................................... $ 64 Infonnation Specialist ........................................................................................................................................................................................ $ 48 Data Processin ,Technical Editin ,or Re reduction ..................................................................................................................................... $ 48 OTHER CHARGES Direct Project Expenses ................................................................................................................................................................... Cost plus 15 % Expert Wrtness Testimony ....................................................................................................................................................................... $ 3OOl1r Special Preparation of Standard Test Specimens.................................................................................................................................. $ 59111r inclinometer Usage ................................................................................................................................................................................. $ 32thr Vapor Emission Kits ................................................................................................................................................................................. $ 3Mit Rebar Locator (Pachometer) ................................................................................................................................................................... $ 10il1r Nuclear Density Gauge Usage ................................................................................................................................................................ $ 12/hr Load Cell................................................................................................................................................................................................... $ 10il1r Field Vehicle Usage ................................................................................................................................................................................. $ 6I11r Laborato testin, eo h sical e ui ment, and other sial ui ment rovided u n uest. NOTES For field and laboratory technicians and special inspectors, regular hourly rates are charged dunng nonnal weekday construction hours. Overtime rates at 1.5 times the regular rates lvill be charged for work perfonned outside nonnal construction hours and all day on Saturdays. Rates at twice the regular raJes lvill be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician and Special Inspection rates are based on a 4-hour minimum for the first 4 hours and an 8-hour minimum for hours exceed- ing 4 hours. Field personnel are charged portal to portal. INVOICES Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 pelten! per month may be charged on accounts not paid within 30 days. 5710 Ruffin Road San Diego, California 92123 (858) 576-1000 1(ln9o&/ftoore May 25. 2005 Proposal No. P.6349 City ofT emecula Annual Agreement for Geotechnical and Materials Tesfing Services SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test ~ A!IsrtleIgl.iris. 04318,CT204... .................................. ..................................$ 1:l:l CaIlomia ~ Ratio (CBR), 0 1883................................................................$ 400 ctloride lrd &JfaIe Cordent, CT 417 & CT 422.................................................$ 120 ~.02435.CT219...............................................................................$ 250 ~- T.... RaIe, 02435, CT219.......................................................$ fll lJiecI Shear -lkdsI.Jbed, 0 :l:l8O......................................................................$ 225 lJiecI Shear - RemoIdod. 0 :l:l8O.........................................................................$ 260 Irnbily hdex, CT 229 ..........................................................................................$ 140 Expansion hdex, 0 4829. U8C 1&-2.....................................................................$ 150 Expansion _ (MoIhod A). 0 4546.............................................................$ 1:l:l Expansive Pressue (MoIhod C). 04546.............................................................$ 1:l:l GeoIabric Tensilelrd EIongaIionTest, 04632 ..................................................$ 150 HyciaJi: ConLdMly, 0 5084...............................................................................$ 275 1iycIonmr~. 0 422, CT 203....................................................................$ 175 00t.IlIe HydromeIBr~, 0422. CT 203 ......................................................$ 270 _, Ash. & o.gar;: Maller of PeaIIClllIar*:Sois......................................$ 100 _ QlIy, 0 221~ CT 226..............................................................................$ 25 _ ard DeroIy. 0 2937.................................................................................$ 35 PooneabiIty, CH. 0 2434. CT 220.........................................................................$ 210 pH ard ResisIMIy. CT 643 ......................................................................................$ 125 Prodor Ilensiy 0 1557, 0 698, CT 216. &...........................................................$ lfll AASHTO T..loo (Rockcooeclions add $00) fl.valle,02&U.CT:l:ll.........................................................................................$ 225 Slrd E","*", 0 2419, CT 217..........................................................................$ 00 SilMl~. 0 422. CT 202 ...............................................................................$ 100 SilMl~,2IXlW"'" 0 114O,CT202.........................................................$ 00 Sjmi: GIavIy, 0 854......................................................_.....................................$ 00 T_ Shear, C.O. 0 47fi1, T 2fJ7 ........................................................................$ 350 T_ Shear, C.U., w/poIe pI1lSSUIO, 0 4767. T 2297 perpl......................._..$ 300 T_ Shear, C.U., w'opore pressue, 0 47fi1, T2297 per pl.............................$ 175 T_ Shear, U.U., 0 2850 per pl. .......................................................................$ 125 IX<onIi1ed ConlJressioo, 0 2166. T 208.............................................................$ 1fll W.. DensiIy, 0 1186 ...............................................................................................$ fll !l22!i!l9 But-l.\> RooIilg, cut.... saJT'jlies. 02829............................................................$ 150 RooIi1g MaIeriaIs~, 02829.......................................................................$ 450 RooIi1g Tie AbsolpIion, (set of 5), use 15-5 ......................................................$ 175 RooIi1g Tie SlrengIh Test. (set of 51. use 15-5..................................................$ 175 CeIrorI ~ ChllrnblI lrd Physk:aI. C 109..............................................................$ ConlJressioo TeslS. 6><12 CyImer. C 39...........................................................................$ CoraeIe Mix lJes91-, Job Spec..._.......................................................................$ CoraeIe Mix lJes91. per TlilI Bath, 6cy1i'<1er, ACI.....................................................$ CoraeIe Colas, ConlJressioo (exWIes "",,*,,), C 42 ..............-.............................$ OIyi1gShi"l<age.CI57.......................................................................................................$ F1exuaI Test: C 78.................................................................................................................$ F1exuaI Test: C 293 ..............................................................................................................$ F1exuaI Test: CT 523............................................................................................................$ __._,3aACOIIlSperpanellrdles1. ACI......................................$ JobsiIeTesti1gl.abo<a\oly...................._............................................................................. ~Cora8Ie RD, ConlJressioo, C495................................................................$ Pe;0Ql~ AnaIfsis. C 856...............................................................................................$ SpIIi>;j Tensile SlrengIh, C 496.........................................................................................$ Reinlorclnn Md .......ural...., FroprooIilg Ilensiy Test: use 7.0 ....................................................................................$ _Test:_.A.!SlO.........................................................................................$ Hijl SlrengIh Boll. Nul & WasherCoolonnlroce, est: A-32............................................$ MecImicaIy Spi:ed Aei'Io<<:i1g Tensile Test: ACI........................................................$ PnrS1nlss SInlnd (1 wire), A 416........................................................................................$ ChenicaI~, A-36. A-615..........................................................................................$ Rei1lo<tirlITensieorBendl4lIoNo. II. A615& A 706.............................................$ _ SlOOTensie Test: Up il2lXl.000Ils. (mo::tri1g _I, A 370....................................................................................................$ Wekled Aei1fon:i1g Tensile Test: Up 10 No. 11 baIS. ACI...............................................$ .......a_ Asphalt Mix lJes91, Cal1ans ...............................................................................................$ Asphalt Mix lJes91-, Job Spec.............................--..............................................$ _. %AsphaIt~Gladation, 02172,CT310..........................................$ Fin SIJilpi1g, CT :l:!2........................................................................................._................$ Hveem S1abily lrd lmilWei!toI CTM or ASTM. CT 366..............................................$ MaJshaI S1abily, Flow lrd Un! WeiIjI., T-24S................................................................$ Maxin.m Theoretical Un! Wei;j'd, 0 2041.......................................................................$ &Mjl. CT:l:l5 .........................................................................................................................$ Un! We9USlIf11lIe orCOlll, 02726, CT :ll6....................................................................$ Annn>nates AbsolpIion, CoaJse, C 127 .._...._.........................................................................................$ AbsolpIion, Fne, C 128 ..........._...........................................................................................$ CIay~lrdFriabIe_,CI42...........................................................................$ CIelrress Val.<!, CT 2'0....................................................................................................$ CrusI'Od P_. CT 205............................................................................. ......................$ 0tJabii1y, CoaJse, CT 229 ...................................................................................................$ 1lt.tabiIly, Fne. CT 229 ........................................................_..............................................$ Los MgeIes Alllasion. C 131 orC 535..............................................................................$ MorIarmal<ing propenies ofli1e aggegaIe, C 87 ............................................................$ 0Igari0 IiTlJuiIies.C 40........................................................................................ ...............$ _ Rea:IMIy 01 Aggrega19 (CIlerrO:aI MeIhod), C 289.........................................$ Slrd ECJJivalen\ CT 217 ......................................................................................................$ SilMl~, CoaJse Aggregal9. C 136................__.....................................................$ SieY<l~. Fne AggregaI9 (n:IJ<i1g v.ashl, C 136 ........._..._.............................$ SorIl.m &JfaIe Sotr<I-.ss (per... _I. C 86.._..............._...................................$ Specilt GIavIy, CoaJse, C 127........................................................._................................$ Specilt GIavIy, Fne, C 128................................................._...........................................$ Masonrv Brd<AbsolpIion,24-hourSlllmer.;ion. C67........................................................$ 40 Brd< Absorption. 5-hour 1M1g, C 67 ............................................._...................$ 50 Brd< AbsolpIion, 7<lf>J, C 67 .................................................................................$ 55 Sri:!< CoolJrelSion Test, C 67 .................. ............... ...........................................$ 40 Brd< EIIIol""", "'. C 67 .._....................................................................................$ 40 Brd< MorI.iJs of RL!llJre, C 67..............................................................................$ 35 Brd< MoisaJre as received, C 67 .........................................................._.................$ :l:l Brd< Se1uIation CoeIIi:ien\ C 67...........................................................................$ 4S Cora8Ie Block ~ Test, 6x6x16, C 140.............................................$ 55 Cora8Ie Block ConIormar<e Pa:kage. C 90......................................................$ 400 Cora8Ie Block Lnear Stun<age, C 426..............................................................$ 110 Cora8Ie Block lkliI We9U lrd Absorption. C 140............................................$ 50 Colas, ConlJressioo or Shear BorO, CA Code ...................................................$ 50 Masoruy Groll, 3x3x6prismCOfl1llOSSion, use 21-18.....................................$ 25 ~~, 2x4cyli'<lerCOfl1llOSSion. U8C21-16....................................$ 25 Prism. haI s.., . ,use 21-17...........................................$ 100 Special prepamtion of _ test specirens oil bechaJged at Ihe IeCIYiciaI1's hourly rate. Ninvo & Moore is ao:redtled 10 oertonn Ihe AASHTO """"alent of"",~ ASTM lest ..........IOS. 5710 Ruffin Road San Diego, California 92123 (858) 576-1000 I(ln9o&1(toore 1.soo 19 125 675 50 225 4S 50 55 225 QooIe 35 1.000 70 50 4S 110 85 125 110 4S 60 50 2.000 135 195 90 175 195 110 150 60 :l:l :l:l 95 110 1:l:l 120 120 165 250 50 350 60 95 95 14S 66 75 ITEM 21 APPROVAL rr2" r::- CITY ATTORNEY '''f/''V DIRECTOROF FINANC~ tV< CITY MANAGER / 1/1 CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council 'VJN1 William G. Hughes, Director of Public Works/City Engineer June 14, 2005 DATE: SUBJECT: First Amendments to Professional Services Agreements for Survey Services for Various Capital Improvement Projects for FY 2005-2006 PREPARED BY: Amer Attar, Principal Engineer - Capital Projects Laura Bragg, Project Engineer - Capital Projects RECOMMENDATION: That the City Council: 1. Approve the First Amendment to the Fiscal Year 2004-2005 Professional Services Agreement with Cozad & Fox, Inc. in the amount of $60,000.00 to provide as needed survey services and authorize the Mayor to execute the amendment. 2. Approve First Amendment to the Fiscal Year 2004-2005 Professional Services Agreement with Hall & Foreman, Inc. in the amount of $60,000.00 to provide as needed survey services and authorize the Mayor to execute the amendment. BACKGROUND: On June 22, 2004 the City Council approved the Fiscal Year 2004-2005 Professional Services Agreements with Cozad & Fox, Inc. in the amount of $60,000.00 and Hall & Foreman, Inc. in the amount of $60,000.00 to provide as needed services and these services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up through out the year. The City reserved the right to extend the agreements for an additional year pursuant to the terms specified in the agreements. A Request for Proposals was sent out on April 19, 2004 and responses were received on May 11, 2004. Of the two firms that responded both firms have been selected for an annual agreement so that the City is assured that at least one firm will be available when needed. Once the agreement is executed, each service request will be negotiated separately and may contain some or all of the following services: . Research and/or review Title Reports . Prepare necessary surveys and identify existing right-of-ways . Prepare description of properties including, but not limited to, present use, zoning, shape contour and elevations, utilities, etc. . Prepare necessary legal descriptions, exhibits and any other miscellaneous services for acquisition purposes . Provide assistance to the City, as necessary, to acquire right-of-way, preparation of easement documents, permission to enter/grade letters, etc. . Appraise properties for the purpose of estimating market value and provide appraisal reports R;\Agenda Reports\2005\01 25\Maintenance Contracts Amend 1 The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works/City Engineer. This First Amendment to these contracts is necessary due to a time extension of the contracts for an additional year. It is important to understand that the not to exceed amounts of $60,000.00 does not necessarily mean it will be spent but rather is a ceiling to operate on an as needed basis. The First Amendment in the amount of $60,000.00 requested for Cozad & Fox, Inc. and the original contract for a total contract amount of $120,000.00. The First Amendment in the amount of $60,000.00 to Hall & Foreman, Inc. and the original contract for a total contract amount of $120,000.00. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under these agreements, unless directed otherwise by the City Manager or City Council. ATTACHMENT: 1. Amendment NO.1 to the Agreement with Cozad & Fox, Inc. 2. Amendment NO.1 to the Agreement with Hall & Foreman, Inc. 3. Agenda Report June 22, 2004 2 R:\Agenda Reports\2005\0125\Maintenance Contracts Amend 1 FIRST AMENDMENT TO ANNUAL FISCAL YEAR 2004-2005 AGREEMENT PROFESSIONAL ENGINEERING & CONSTRUCTION SURVEY SERVICES BETWEEN CITY OF TEMECULA AND COZAD & FOX INC. THIS FIRST AMENDMENT is made and entered into as of June 14, 2005 by and between the City of Temecula, a municipal corporation ("City") and Cozad & Fox, Inc. ("Consultant") for Professional Engineering and Construction Survey Services. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 22, 2004 the City and Consultant entered into that certain agreement entitled "City ofTemecula Agreement" in the amountof Sixty Thousand Dollars and No Cents ($60,000.00) for Professional Engineering and Construction Survey Services for Fiscal Year 2004-2005" ("Contract"). B. Section 1 TERM. This Agreement shall commence on July 1, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Contract for one (1) year. If Contract is extended beyond the original term, contract price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles- Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30th ofthat year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Contract be extended beyond June 30, 2006. C. The parties now desire to amend the Agreement as set forth in this First Amendment for an amount not to exceed Sixty Thousand Dollars and No Cents ($60,000.00) for additional Fiscal Year 2005-2006 Professional Engineering and Construction Survey Services. a. follows: Section 5 PAYMENT of the Agreement is hereby amended to read as The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as set forth in full. The First Amendment amount shall not exceed Sixty Thousand Dollars and No Cents ($60,000.00) for additional Fiscal Year 2005-2006 Professional Engineering and Construction Survey Services for a total contract amount of One Hundred Twenty Thousand Dollars and No Cents ($120,000.00). 3. Except for the changes specifically setforth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 R:\AGREEMENTSIMASTERSIANNUAL MA$TER\2005-2006 ANNUAL MASTERICOZAD & FOX 2005-2006 AMEND 1.DOC 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 CONTRACTOR Cozad & Fox, Inc. 151 S. Girard SI. Hemet, CA 92544-4662 (951) 766-8942 Kevin B. Cozad, President Brian Fox, Vice President 2 R:IAGREEMENTSWASTERSIANNUAL MASTER12005-2006 ANNUAL MASTERICOZAO & FOX 2005-2006 AMEND 1.00C . CIVIL / STRUCTURAL ENGINEERS . MUNICIPAL CONSULTANTS . SURVEYORS I PLANNERS . WATER RESOURCES . TRANSPORTATION May 23, 2005 Laura Bragg, Assistant Engineer Capital Projects, Department of Public Works City of Temecula PO Box 9033 Temecula, CA 92589-9033 Fax - (951) 694-6475 RE: ANNUAL AGREEMENT TO PROVIDE SURVEYING SERVICES Dear Laura, Cozad & Fox, Inc. would like to be considered for the 2005/2006 Annual Surveying Agreement. We have provided consulting surveying services to the City of Temecula under your Annual Agreement program for the last five years. Cozad & Fox, Inc. has held the same engineering and surveying rates for the last four years. Last year, we raised the rates for most of our clients except the City of Temecula. Because of the heavy demand for engineers and surveyorsit is important for us to keep salaries competitive to retain staff. This year we're forced to increase our surveying rates for the City of Temecula. I have attached a copy of our current rate schedule that went into effect last July. Again, we appreciate working with the City of Temecula, and we look forward to serving the City during this next fiscal year. If you have any questions regarding our services, our current rate schedule, or the upcoming annual agreement, please don't hesitate to call me. ~d C:\My Documents\Letters\Temecula inc. fees,doc 151 South Girard Street. Hemet, CA 92544-4662 951/652-4454 . FAX: 951/766-8942 . kbcozad@kbcozad.com . CIVIL / STRUCTURAL ENGINEERS . MUNICIPAL CONSULTANTS . SURVEYORS / PLANNERS . WATER RESOURCES . TRANSPORTATION SCHEDULE OF FEES July 1, 2004 GENERAL SCOPE OF SERVICES Cozad & Fox, Inc. provides services in the fields of civil engineering, structural engineering, and land surveying in accordance with presently accepted professional practices. Cozad & Fox, Inc. does not provide services relating to construction safety and shall be held harmless by the contractor from any liability in this regard. In the event that the client requests termination of work prior to its completion, we reserve the right to complete, at the client's expense, such analysis and records as are considered necessary by us to place our files in order and/or to protect our professional reputation. PERSONNEL CHARGES - RATES PER HOUR Principal Civil Engineer/Principal Land Surveyor/Structural Engineer. . . . . . . . . . . . . .. 180.00 Project Manager. . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 160.00 Project Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 140.00 CAD Drafting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 95.00 Administrative/Project Coordination ......................................... 75.00 Typing, printing ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45.00 Survey - Office Analysis ................................................. 140.00 Survey Crew (4 hr. minimum, Travel time charged portal to portal) . . . . . . . . . . . . . . . .. 220.00 Survey Crew w/GPS ........................................ Estimated by project Extra Survey Crew Support (Traffic control, etc.) ................... Estimated by project OTHER CHARGES Expert Witness - Deposition and/or Court appearance . . . . . . . . . . . . . . . Two times hourly rate Expert Witness - Research, Case Review and/or Preparation ........... Normal hourly rate Mileage to and from meetings or project site. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $0.35/mile Blueprints, Duplicating, Photography, Binding, etc ............. . . . . . . . . . . .. Cost + 20% Telephone calls, Postage ............................................ Cost + 20% Field Supplies (stakes, monuments, etc.) .................... . . . . . . . . . . .. Cost + 20% TERMS OF PAYMENT All services will be progress billed weekly, and all invoices are due and payable when issued unless otherwise agreed. Retainers are required for all projects. Our fee schedule is based upon prompt payment of fees. Interest will accrue at the rate of 1% percent of the invoice total per month on invoices 30 days old or older. If suit or action is instituted to collect any sum due, the client shall be liable for attorney's fees and court costs. 151 South Girard Street. Hemet, CA 92544-4662 951/652-4454 . FAX: 951/766-8942 . kbcozad@kbcozad.com FIRST AMENDMENT TO ANNUAL FISCAL YEAR 2004-2005 AGREEMENT PROFESSIONAL ENGINEERING & CONSTRUCTION SURVEY SERVICES BETWEEN CITY OF TEMECULA AND HALL & FOREMAN, INC. THIS FIRST AMENDMENT is made and entered into as of June 14, 2005 by and between the City of Temecula, a municipal corporation ("City") and Hall & Foreman, Inc. ("Consultant") for Professional Engineering and Construction SUNey SeNices. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 22, 2004 the City and Consultant entered into that certain agreement entitled "City ofTemecula Agreement" in the amount of Sixty Thousand Dollars and No Cents ($60,000.00) for Professional Engineering and Construction SUNey SeNices for Fiscal Year 2004-2005" ("Contract"). B. Section 1 TERM. This Agreement shall commence on July 1,2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. The City reseNes the right of option to extend this Contract for one (1) year. If Contract is extended beyond the original term, contract price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles- Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30th of that year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Contract be extended beyond June 30, 2006. C. The parties now desire to amend the Agreement as set forth in this First Amendment for an amount not to exceed Sixty Thousand Dollars and No Cents ($60,000.00) for additional Fiscal Year 2005-2006 Professional Engineering and Construction SUNey SeNices. a. follows: Section 5 PAYMENT of the Agreement is hereby amended to read as The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for seNices described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as set forth in full. The First Amendment amount shall not exceed Sixty Thousand Dollars and No Cents ($60,000.00) for additional Fiscal Year 2005-2006 Professional Engineering and Construction SUNey SeNices for a total contract amount of One Hundred Twenty Thousand Dollars and No Cents ($120,000.00). 3. 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:\AGREEMENTSIMASTERSIANNUAL MASTER12005.2006 ANNUAL MASTERlHALL & FOREMAN 2005-2006 AMEND 1.DOC 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 CONTRACTOR Hall & Foreman, Inc. 43513 Ridge Park Dr. Temecula, CA 92590 (951) 676-6726 Steve Shambeck, P.L.S., President Donald Lohr, P.E President 2 R:IAGREEMENTS'MASTERSIANNUAL MASTERI2005-2006 ANNUAL MASTERIHALL & FOREMAN 2006-2006 AMEND 1.DOC II'~ Hall & Foreman, Inc. Engineering. Surveying. Planning. Landscape Architecture May 25,2005 Ms. Laura Bragg City of Temecula 43200 Business Park Drive Temecula, CA 92589-9033 Subject: Annual Agreement for Professional Engineering and Construction Survey Services IN L-05034 Dear Ms. Bragg: Hall & Foreman, Inc. wishes to extend the subject agreement through the fiscal year 2005-2006. We have not moved our office location during the past year and our professional staff remains the same; however, it has increased in number 30 percent. We have attached our most current fee schedule which should be used for the new fiscal year and a current certificate of insurance will be forwarded to you under separate cover. Please contact me if you require any additional information. Very truly yours, HALL & FOREMAN, INC. J!ll:tj1.-..--..... .- )...., :-." -,~. .,-- --:;> / - President, Temecula Division Enclosures Proj: 05034CTemBraggAnnualAgree Dedicated Service SINCE 1961 Irvine 420 Exchange, Suite 100 Irvine, CA 92602-1301 Tel 714.665.4500 Fax 714.665.4501 Rancho Cucamonga 9130Anaheim Place, Suite 120 Rancho Cucamonga, CA 91730-5465 Tel 909.484.9090 Fax 909.484,9084 Woodland Hills 20950 Warner Center Lane, Suite A Woodland Hills, CA 91367-6537 TeI818.251.1200 Fax 818.251,1201 Temecula 43513 Ridge Park Drive Temecula, CA 92590-3690 Tel 951.676.6726 Fax 951.699.0896 ______ .l,_ -II'~ Hall & Foreman, Inc. Engineering. Surveying. Planning. Landscape Architecture SCHEDULE OF HOURLY BILLING RATES Effective November 1, 2004 OFFICE: Principal Sr. Project Director Project Director Project Manager Project EngineerlProject Surveyor Principal Planner Planner Senior Designer Staff Engineer Entitlement Coordinator Designer Drafter/CADD Technician Sr. Inspector/Resident Engineer Inspector Senior Analyst Project Assistant Expert Witness/Litigation Consultation Administration $190.00/Hour $165.00/Hour $155.00/Hour $145.00/Hour $130.00/Hour $130.00/Hour $100.00/Hour $125.00/Hour $IIO.OO/Hour $IOO.OO/Hour $105.00/Hour $ 90.00/Hour $1I5.00/Hour $105.00/Hour $ 90.00/Hour $ 75.00/Hour $300.00/Hour $ 60.00/Hour SURVEY: Survey Manager Survey Analyst 3-Person Survey Crew 2-Person Survey Crew I-Person Survey Crew 3-Person Survey Crew with GPS 2-Person Survey Crew with GPS $ I 45.00/Hour $105.00/Hour $240.00/Hour $195.00/Hour $130.00/Hour $265.00/Hour $220.00/Hour Note 1: It is Consultant's policy to meet all schedule requirements while maintaining a competent and professional level of service. In return, it is expected that all invoices will be paid in a timely manner. It is agreed and understood that all invoices will be considered delinquent sixty (60) days after invoice date. If invoice remains unpaid on the sixty-first (6lst) day after invoice date, a late fee in the form of 10 percent interest per annum will begin accruing and Consultant will stop work on this project. Ninety (90) days after invoice date Consultant will lien the property. Note 2: Client shall pay the cost, plus 15%, for any applicable governmental fees, title company charges, well monuments, outside vendor reproduction costs, in-house reproduction cost, plotting costs, mileage and delivery or messenger services incurred on Client's behalf. If requested, we will provide a computer printout which details these costs. We do not typically provide any additional back up for these generally nominal expenses as part of our fee. Note 3: Miscellaneous fees shall be billed monthly as they are incurred. Invoices shall be considered due and payable upon presentation. Note 4: The above Schedule of Hourly Billing Rates is for straight time only. In the case of overtime, the rate charged will be t-1/2 times the hourly rates shown, and for Sundays and holidays, 3 times the hourly rate shown. Note 5: The above Schedule of Hourly Billing Rates shall be adjusted in accordance with Paragraph 28 of the Standard Provisions of this Agreement. Note 6: The fee stated herein does not include any sales or use tax. In the event that a sales and/or use tax is imposed by local, state, or federal authority, upon the services rendered hereunder, such sales and/or use tax shall be in addition to said fee herein, and shall be the full responsibility of the Client. C:\DOCUME-l \LDent\LOCALS-1 \Temp\notes6030C8\SCHEDULE OF HOURLY BILUNG RATES 2004.doc ITEM 22 APPROVAL &", r- CITY ATTORNEY J'V""V DIRECTOR OF FINA~E~ CITY MANAGER .yp-:-- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: June 14,2005 SUBJECT: Award the Construction Contract for Project No. PW04-16 Slurry Seal Project - FY 2004-2005 PREPARED BY: r~reg Butler, Principal Engineer 'R(Avlin R. Odviar, Associate Engineer y RECOMMENDATION: That the City Council: 1. Award a construction contract for Project No. PW04-16 Slurry Seal Project - FY 2004- 2005, to All American Asphalt in the amount of $338, 159.68 and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $33,815.97, which is equal to 10% of the contract amount. BACKGROUND: On May 10, 2005 the City Council approved the Construction Plans and Specifications and authorized the Department of Public Works to solicit construction bids for the subject project. The project involves surface cleaning and crack sealing designated roadways, applying Type II or Type III Rubberized Emulsion - Aggregate Slurry (REAS), and replacing striping and pavement markings. This will inhibit the infiltration of water into the road structural section and prolong the service life of the pavement. Three (3) bids were received and publicly opened on Tuesday, June 7, 2005. The results were as follows: 1. 2. 3. All American Asphalt, Inc. American Asphalt South, Inc. Pavement Coatings, Inc. $338,159.68 $371,601.24 $467,760.99 A copy of the bid summary is available for review in the City Engineer's office. R\AGENDA REPORTS\2005\061405\PW04-16 AWARD.DOC Staff has reviewed the bid proposals and found one mathematical error. The above bid results reflect corrected dollar amounts. The correction did not impact the position of the lowest responsible bidder, All American Asphalt of Corona, California. All American Asphalt has extensive experience in the application of slurry seal and has successfully completed similar projects for other city agencies. The Engineer's estimate for this project was $356,000.00. The specifications allow forty-five (45) working days for the completion of this project. FISCAL IMPACT: Funds are available in the Public Works Department, Maintenance Division, Routine Street Maintenance Fiscal Year 2004-2005 Operating Budget Account No. 001-164-601- 5402. The total project cost is $371,975.65, which includes the contract amount of $338,159.68 plus 10% contingency of $33,815.97. ATTACHMENT: 1. Contract 2. Location Map 2 R\AGENDA REPORT$\2005\061405\PW04-16 AWARD.DOC CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW04-16 SLURRY SEAL PROJECT - FY 2004/2005 THIS CONTRACT, made and entered into the 14th day of June, 2005, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and All American Asphalt, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW04- 16, SLURRY SEAL PROJECT - FY 2004/2005, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. P W04-16, SLURRY SEAL PROJECT - F Y 2004/2005. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW04-16, SLURRY SEAL PROJECT - FY 2004/2005. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT C-1 R:ICIPIPROJECTSIPW04IPW04-16 Slurry Seal Project FY 2004-05ISPECSIContract.dot The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW04-16, SLURRY SEAL PROJECT - FY 2004/2005 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: THREE HUNDRED THIRTY EIGHT THOUSAND ONE HUNDRED SIXTY ONE DOLLARS and NINETY FOUR CENTS ($338,161.94), the total amount of the base bid. CONTRACTOR a grees to complete the work in a period not to exceed f arty-five (45) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order. changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be CONTRACT C-2 R:ICIPIPROJECTSIPW04IPW04-16 Slurry Seal Project FY 2004-05\SPECSIConlract.dol made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance wit~ Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each CONTRACT C-3 R:\CIPIPROJECTSIPWD4\PWD4-16 Slurry Seal Project FY 2D04-05\SPECS\Contract.dot laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to properly, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims 0 r items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and CONTRACT C4 R:ICIPIPROJECTSIPW04IPW04.16 Sluny Seal Project FY 2004-051SPECSIContractdot convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, 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 t he City of T emecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: William G. Hughes Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT C-5 R:ICIPIPROJECTSIPW04IPW04-16 SlurT'/ Seal Project FY 2004-()5ISPECSIContract.dot IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR All American Asphalt, Inc. P.O. Box 2229 Corona, CA 92878-2229 (951) 736-7600 Dan Sisemore, President Robert Bradley, Vice President (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA Jeff Comerchero, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT C-6 R:\CIP\PROJECTSIPW04\PW04-16 Slurry Seal Project FY 2004-()5\SPECS\Contract.dot CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT EXHIBIT "C" - LIST OF STREETS FOR PROJECT NO. PW04-16 SLURRY SEAL PROJECT - FY 2004/2005 EXHIBIT 'C' - LIST OF STREETS C-1 R:\CIF\"ROJECTS\FW04\fW04.16SlllT'fSealProjeclFY2OOW5\SPECS\FW()4..16SPE~S_doI LIST OF STREETS LOCATION TYPE II TYPE III [SF] [SF] PECHANGA DR 91,400 CUPENO LN 75,640 WABASH LN 19,220 BAYHILL DR 33,560 OLYMPIC WY 52,440 WAILEA CT 13,980 BRIDGEVIEW CIR 10,970 GREENWAY CIR 9,320 OPEN CT 11,050 CREEKSIDE WY 30,250 DORALCT 9,850 SIL VERADO LN 32,570 TOURNAMENTLN 61,140 CLUBHOUSE DR 155,290 MASTERS DR 65,240 MUIRFIELD DR 36,110 CLASSIC WY 109,280 BARDMOOR DR 29,140 PALMETTO WY 46,960 SAWGRASS CT 7,960 GREENSBORO DR 29,510 GLEN EAGLES CT 24,860 LOMA LINDA RD 125,040 E. LOMA LINDA RD 113,910 DULCE CT 8,800 ESMERADO CT 41,780 EXHIBIT 'C' - LIST OF STREETS C-2 R'CIPd'ROJECTS'A'I04'."W04-16ShzlySealProjedFY:/O()4.(6\SPECSIFW04-16sPECS.Wl LIST OF STREETS (cont.) LOCATION TYPE II TYPE III (SF] (SF] CALVADO CT 6,780 ESPLENDOR CT 22,390 VIA CONSUELa 17,210 EL TORITO CT 11,200 TESIBEN CT 10,910 MAGUEY CT 7,470 EL OSITO CT 7,020 ESCALANTE CT 13,710 TEJON CT 12,720 RUIDOSA ST 36,750 TECUMSEH CT 17,550 ZUMA DR 26,450 SHICALI CT 11,370 PUAS DR 12,880 COMOTILO CT 25,570 MASKUAZ CT 15,680 VIA GILBERTa 77,720 PASHAHO ST 22,860 SHABA CIR 24,090 SAHO CT 17,220 LAHONTAN ST 43,530 KIMO ST 18,110 HURON ST 38,930 JERONIMO ST 44,450 HOPACTONG ST 43,130 WASHANA CT 7.870 ALEHZON CIR 13,070 EXHIBIT 'C. - LIST OF STREETS C-3 RICIPoPROJECTSIPN()4I,fY,'04.16ShnySea'PrqeclFV2OlJ4.05\SPECS\?MJ4.16SPECS.00l , , LIST OF STREETS (cont.) LOCATION TYPE II TYPE III [SF] [SF] BOCAW CIR 10,540 HIAWATHA CT 10,440 EONA CIR 12,280 PIUTE ST (WEST OF HURON) 30,890 PIUTE ST (EAST OF HURON) 22,200 ARABASCA CIR 14,110 BANDAN CT 10,450 PAHUTA ST (NORTH OF JERONIMO) 20,830 PAHUTA ST (SOUTH OF JERONIMO) 12,030 PARSIPPANY CT 15,890 VIA EDUARDO 53,930 BLACKDEER LP' 29,310 , VIA DOS PICOS'.2 52,020 52,020 LAS HACIENDAS ST' 50.480 CALLE CORTEZ'.2 39,450 39,450 , TOTALS 2,236,760 91,470 , The Engineer may require Blackdeer Loop, Via Dos Picos, Las Haciendas Street, and Calle Cortez to be completed during the weekend. See Sections 10-04 and 10-05 of the Special Provisions. 2 The Contractor's attention is directed to Sections 10-03, 10-04, and 10-05 of the Special , Provisions for specific work instructions related to Via Dos Picos and Calle Cortez. , , , EXHIBIT 'C' - LIST OF STREETS C-4 RICIPoPROJECTSIPNQ4IP{oI(l4-16S1l1TYSedProiectFY2004-Q5\SPECS\PW04.1BSPECS.doI ITEM 23 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: ~l\ William G. Hughes, Director of Public Works/City Engineer DATE: June 14,2005 SUBJECT: Award a Construction Contract for the Citywide Concrete Repairs FY2004-2005 - Project No. PW05-03 PREPARED BY: Greg Butler, Principal Engineer RECOMMENDATION: That the City Council: 1. Award a construction contract for Citywide Concrete Repairs FY2004-2005 - Project No. PW05-03 to Portsmouth Construction, Inc. in the amount of $165,430.00 and authorize the Mayor to execute the contract. 2. Authorize the City Manger to approve change orders not to exceed the contingency amount of $16,543, which is equal to 10% of the contract amount. BACKGROUND: On May 10, 2005 the City Council approved the plans and specifications for the subject project and authorized the Public Work department to solicit construction bids. The Public Works Maintenance Division has completed their annual survey of damaged City maintained concrete improvements which include sidewalks, curb & gutter, cross gutters, spandrels, driveway approaches, access ramps, and under sidewalk drains. The facilities needing immediate repair are included in this project and have been grouped into localized areas to allow for cost effective bidding. Two bids were received and publicly opened on Tuesday, May 17, 2005. The results were as follows: 1. Portsmouth Construction, Inc. 2. S. Parker Engineering, Inc. $165,430.00 $169,585.00 Staff has reviewed the bid proposals and found Portsmouth Construction, Inc. of Chino, California to be the lowest responsible bidder for this project. Staff has contacted references and determined that Portsmouth Construction, Inc. has recently completed similar work for other agencies satisfactorily. The specifications allow thirty (30) working days for the completion of this project. A copy of the bid summary is available for review in the City Engineer's office. The engineering estimate was $150,000.00. The bids for the project came in slightly higher than the engineer's estimate due to recent increases in material costs and the fact that many contractors are very busy at this time. R:\AGENDA REPORTS\200S\06140S\PWOS.o3 Award.OOC FISCAL IMPACT: Adequate funds are available in the Public Works Department Maintenance Division FY2004-05 Budget for Routine Street Maintenance, Account No. 001-164-601-5402. 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"J 8 ~ '" 9 ~ '" 9 '" '[ '" ~ ~ ~ . 'i?' ~ '0. '9 '" '0 '" " 0> '" a. u :0 :E x w CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW05-03 CITYWIDE CONCRETE REPAIRS FY2004-2005 THIS CONTRACT, made and entered into the 14th day of June, 2005, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Portsmouth Construction, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW05- 03, CITYWIDE CONCRETE REPAIRS FY2004-2005, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW05-03, CITYWIDE CONCRETE REPAIRS FY2004-2005. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW05-03, CITYWIDE CONCRETE REPAIRS FY2004.2005. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. EXHIBIT 'C' - Concrete repair list C-1 RICIPIPROJECTSIPW05IPW05-03 FY04-05 pcc Repairs\SpecslContract - Por1smouth.dot The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW05-03, CITYWIDE CONCRETE REPAIRS FY2004-2005 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED SIXTY FIVE THOUSAND FOUR HUNDRED THIRTY DOLLARS and NO CENTS ($165,430.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed thirty (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be EXHIBIT "C. - Concrete repair list C-2 R:\CIPIPROJECTSIPW05IPW05-ll3 FY04-ll5 pcc Repaj"ISpecslContract - Portsmouth.dol made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each EXHiBIT 'C' - Concrete repair i~t C-3 R:ICIPIPROJECTSIPWOSIPWOS-ll3 FY04-llS PCC Repai"ISpecslContract - Portsmouth.dot laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and EXHIBIT 'C' - Concrete repair list C-4 R:IGIPIPROJEGTSIPWOSIPWOS-ll3 FY04-llS PGG Repai,,\SpecslContrect - Portsmouth.dot convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of t he 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 t he City of T emecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: William G. Hughes Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 EXHIBIT 'C' - Conorete repair I~t C-S R:\CIPIPROJECTSIPWOSIPWOS-ll3 FY04-llS PCC Repai"ISpecslContract - Portsmouth.dot IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Portsmouth Construction, Inc. 5926 Portsmouth St. Chino, CA 91710 (909) 395-9998 William Ricardo, President DATED: CITY OF TEMECULA Jeff Comerchero, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk EXHIBIT 'C" - Concrete repair list C-6 R:ICIPIPROJECTSIPWOSIPWOS-ll3 FY04-llS pcc Repai,,\Specs\Contract - Portsmouth.dot ITEM 24 APPROVAL fI. .-x- CITY ATTORNEY lJ DIRECTOR OF FINANCE. J//.. CITY MANAGER ( AI'! CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: J./-0 William G. Hughes, Director of Public Works/City Engineer DATE: June 14, 2005 SUBJECT: Tract Map Nos. 30264-3,-6,-9,-10 & -13, Located East of Pechanga Parkway, South of Woif Valley Road, in the Wolf Creek Specific Plan NO.12 EIR PREPARED BY: ~ Ronald J. Parks, Deputy Director of Public Works Chris White, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Final Tract Map Nos. 30264-3,-6,-9,- 10 & -13 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreements 3) Subdivision Monument Agreements and accept the Faithful Performance Bonds, Labor and Material Bonds and Monument Bonds as security for the agreements. BACKGROUND: Tract Map Nos. 30264-3,-6,-9,-10 &-13 are located within Tract 29305 of the Wolf Creek Specific Plan No. 12. As part of Specific Plan, Tract Map Nos. 30264-3,-6,-9,-10 & -13 are subject to all Specific Plan Amendments and Agreements. On January 23,2001 the City Council approved Tentative Tract Map 29305, on March 22, 2005 the City Council approved Final Map 29305. On October 2, 2002 they approved Tentative Tract Map 30264 with the accompany phasing plan and their conditions of approval which is a further subdivision of Tract 29305. Tract Map No. 30264-3 is a fourty-nine (49) single family residential lot tract. The tract is located North of Wolf Creek Drive S., South of Wolf Valley Road & East of Pechanga Parkway. The site is currently vacant. Tract Map No. 30264-6 is a sixty (60) single family residential lot tract. The tract is located North of Woif Creek Drive S., South of Wolf Valley Road & East of Pechanga Parkway. The site is currently vacant. Tract Map No. 30264-9 is a eight-five (85) single family residential lot tract. The tract is located North of Wolf Creek Drive S., South of Wolf Valley Road & East of Pechanga Parkway. The site is currently vacant. Tract Map No. 30264-10 is a sixty-two (62) single family residential lot tract. The tract is located North of Wolf Creek Drive S., South of Wolf Valley Road & East of Pechanga Parkway. The site is currently vacant. r:\agdrptI04/tm2979B.-1.-2..map Tract Map No. 30264-13 is a fifty-three (53) single family residential lot tract. The tract is located North of Wolf Creek Drive S., South of Wolf Valley Road & East of Pechanga Parkway. The site is currently vacant. The owners of the property: Wolf Creek Development, LLC, A California Limited Liability Company has met all of the Conditions of Approval. These final maps are in conformance with the approved tentative tract map and phasing plan. The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. The following fees have been deferred for Tract Map Nos. 30264-3,-6,-9,-10 & -13: Development Impact Fee due prior to issuance of building permit. FISCAL IMPACT: None ATTACHMENTS: 1. Development Fee Checklists 2. Fees & Securities Reports 3. Project Vicinity Maps 4. Tract Map Nos. 30264-3,-6,-9,-10 & -13 2 r:lagdrpt\04/tm29798.-1.-2..map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 30264-3 The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit 3 r:\agdrptI04/tm29798,-1.-2..map I CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 30264-3 DATE: June 14, 2005 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 264,000 $ 132,000 , I Water $ 70,500 $ 35,500 Sewer $ 75,000 $ 37,500 TOTAL $ 409,500 $ 205,000 Monument $ 14,700 - DEVELOPMENT FEES I City Traffic Signing and Striping Costs $ 0.00 , , RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES Planning Fee $ 561.00 TCSD Fee $ 975.00 Fire Fee $ 205.00 , , Plan Check Fee $ 5,294.00 , I Monument Inspection Fee $ 735.00 , Fees Paid to Date $ 7,770.00 Balance of Fees Due $ 0 4 r:\agdrptI04/tm2979B.-1,-2..map , >- ~ :><: a:: <( a.. 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"~m..J 6~r9 'S'l ",>f _ !KlJI1V;li.lO lIVlS A \ \ -i'v _ : : t:: ~g !!)V-VM-d'",.o.> <(l~ i~L~ ';'.l- VI~aOS1!3^lll'sa1!O:)~II.l~~I,~~\ \!i ~~ i,! . "':;. .,~ m"" '.raa~-roo~ 0 ~ " " .." , ~ z~ t;;;!; i.1 ~~ sv rO-IO~9 ':)3~ .iSHI.,", \ ! 1 ~"" I' . U <\l" "'"" HOllV!KldIlO~_J:lAL~IJ!.O_._.n~:: III 5 o::~ ~crj n."Vi-fj:)JIl3J. j() Ail:! e~ " "> NNN'" ;!:"'''''''''' ~~~~~ -'''''''..;,,; ::l ..,... ~ o~ ~l:! Z 0 3z ,.~ ~" .w ow z' 00 o z ow ~~ 00 " " " ~~ u. UU ~~ <" t:.o:i " ~~~~~~ s"'~~:l::l: 'Z'~~:1~ o rr WW ww r r ~~ ~~ . '0 u, :~ '-'...., 0:0 ~~] J; "I ;"'::l!~ (Q~ ~~~ ~~ ~~oi rr: "I ~3i~ 1-~ e~~ ... '" !?i...~ , , ." ~~ ~~~ ,.- ,&~ ~~~ '"m -"':::i -';0 e~~ ~ to ~ ")\2 ;g~ gj; ~~ ~~ Il ro Q ~ " " >- u <( oc >- ~ >- o ~ IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 6 SHEETS o INDICATES '"I.P. \11TH TAC R.C.r. 2050a, fUlSH TO BE: SET PERTR.NO.29J05.l.l.B.-I_-~ . INDICATES ," I.P. NTH TAGR,C.E. 20508,FLlISH TO B>: SH PER1'R.NO_30264-a,r.c_8_-I_-~ 0' 100' ~_.....J SCALE: ~ N I 200' ",,' - ,".100' TRACT No. 30264-3 BEINC A SUBOIIllSlON OF lOT 'S OF TRACT NO. 29J05 AS SHO'lltl BYl.lAP ON Fll.f: INBOOI(_PAG€S~lNClUSI~OFl.lAPS,RECOROSOFRIVERSlOECOUNTY,CAUFORNIA. HALL & FOREMAN, INC. AUGUST 2004 ENGINEERS NOTES . INDICATES FOUND r.cONUt.I(NT AS NOTEO, "" INOICATES1"I.P.\\lTHTACR.C.E.20508,FLUSHTOBESET PER TR.NO. 29JOS-l.l.l.B. J50j6S-7a, ROlJNOARY SURVEY MAP o INDICATES" I.P. \11TH TAC R.C_E. 20508, fLUSH TO BESET (Rl) (R2) (RJ) '" INDICATES RECORD AND l.lEASlJREO DATA PER TR. ND. 29J05-I, t.I.B.J50/65-7a. INDlCAT'ESR<:COl<OANOt.lEASlJREDOATAPERTRND.29JOS, r.c.8.-I_-_ INOlCATESRECOROANOr.cEASlJAEDDATAPERTR.NO.J0264-a, r.c.8.-I_-_ INOICATESAAOI""-BE.o.RIND SEE SHEET 2 fOl< BASIS OFBE.o.RINGS, l.lAPlAYOUTSHEETANOIllClNITYr.cAP. mmmr IOCATESRESffilCIEOM:C:ES50CD1CA1EOtEOOlI. "IP.. flUSH. TAOWl ftCE:z0508 (AW. co. T'IPE 'Ao ~OII.) 10 BE SET ATLOTCCllNOlSNIOANiUPl.1NTSlHlOlllHES.UHl(SSOlHrnMSE ~~. ~Al. AND TAG R.eL 2OSOlI TO BE SET N I(P Cf CUREI 011 IHEPRCl.(JlGAllOIICflHESllELOlUNESN<<lE.c"SNlD ac.'SPRCl.(CITDPrnI'ENDIC\JlA/(JIRArl.ILFlla.lPIIG'EIII"I IN.(flI\UlSllEC():JNI"ISlO_l'lPE"n .lLLW(JlIJloEllTSSHO~.SErSHAU.OCSE1NACtORO~ MlHTNEWlJjUWOHAlllllo\QlED;ENTrCflIH$WAP.Ut(.[S$ Ont:RllISENOITD. '30264-8 "". o o ~ WR'/EDATA oo.TA IlAOIUS - ~ .., 41, 8JO.OO' Lo-r l6 -rRAc-r NO. 20305 ME. , / IN THE CITY OF TEMECULA. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 6 SHEETS TRACT No. 30264-3 SEISHEET2fORBASlSorBEAAINCS SEISHEETJfOOBOUNOAAYSURlrY UAP AND ENIJNE(RSNOTES HALL & FOREMAN, INC. AUGUST 20004- i N I BElNO A SUBOIVlSlON Of LOT 15 Of TRACT NO. 2930S AS SHOVIN 6YlolAP ON f1Lf:IN BOOK_PAGES_INCLUSlYE,orMN'S.RECORDS~RI\lERSlO(cOUNTY.CAl.lfORNI'" " " " m' ,,~ '".40' TRACT NO. 30284-3 M.8. --- '-- / I I THACT NO. 2830B MB. 43 '0 t- ;j9 CO 4J CO ~ CURVE: DELTA RADIUS LENClli a ., - ~ IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 5 OF 6 SHEETS TRACT No. 30264-3 SCE SHEET 2 fOR B....SlS rf BEAAINGS SCESHmJfQRBOUNDAAYSlJRlofY l.lAP#lDENGlNEERSNDTES HALL &. FOREMAN, INC. AUGUST 2004 ~ N I BElNG....SU801V1S100OF"LOT1SorTR....CTNO,2930S....SSl-iOVIN8Yl.lAPONFlL.(IN 800K_P...CES_INClUSI~.Ofl.lAPS,RECOROSOfRI'lERSlO(COIJNTY.CAUfORN1.... " " " ~, .calo 1".40' ,,-- '--' ~, ....-.......-.. ....., ''''''-''-.. '-""" -"-"'-.. ", , " ~ ~ ~""""~"""" ~.$:t. '-.. " 'Z'\b.. "'-.. "', 4&' -"...Z'" 1i'f'~' < ... OF', O,j~~ >. .......-.......v "... '>f'~"', -.. ' ....'bo~ "'... " C'I?,; 'Oo~ "'-"-"... "" ~~ ~ot~ "'... "... <+ "" "''''... "', ....,,~ () " "'... "',- ;. ,........ <4.",. .If' ~/ ~' , "o~'" ~ 'fA... "", O/p, 'V ..<,~ "'" "', " q' '-- " " //~.>. " / ..."., " '~>- ' ~ ". ""?"'"- '" ~ LOT 6 TR 2030B MB._ 40 20 S~~ .~ Slt~ ~ ~?- . UN(o...r... 6' '" BEARINC ~,~ " ,. " , " Nol"4lI'4S'( oJ.Oo' c> ,. , " " " Noa,n' " " , ., " Nol'48'oS'( JO,OO' " 4"4' '" '" ClJR\'EO"'T'" ~'" ""-" RADIUS L.(NGlH " 2"\0'26" 800,00' 1,8' " 0' W " LOT -12 TR 20306 M8._ " . IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 6 OF 6 SHEETS TRACT No. 30264-3 SEESHEET2fORB,osSr:FSEAAINGS SEE SHEET J fOR BOONDAAYstJR>€Y NAP 00 ENGINEERS NOTES HALL &: FOREMAN, INC. AUGUST 2004 ! N I BOI'lG" SUBDlVlSlCli 0< LOT 1~ OF TRACT 1'10,29305 AS SHO~ BY t,I"p ON mE IN 800K_PACES_INCWSl\oE,Of...APS.RECOROSOf"RjVERSlOCCOUtlTY.CAUFORNI.... ~ ~ '" ,,~ 1".40' '.' LOT i6 CURVE DElTA " ~ " ~ ~ s~~ Sly~ ~l' S 15 TR. 2D306 M.8.~ M.8._ CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 30264-6 The following fees were; reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit 5 r:\agdrpt\04/tm29798.-1.-2.,map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT , TRACT MAP NO. 30264-6 DATE: June 14,2005 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 289,500 $ 145,000 Water $ 74,000 $ 37,000 Sewer $ 101,500 $ 51,000 TOTAL $ 465,000 $ 233,000 Monument $ 18,000 - DEVELOPMENT FEES City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES Planning Fee $ 561.00 TCSD Fee $ 975.00 , Fire Fee $ 205.00 Plan Check Fee $ 4,806.00 Monument Inspection Fee $ 900.00 Fees Paid to Date $ 7,447.00 Balance of Fees Due $ 0 6 I r:\agdrpt\04/tm29798.-1.-2"map I , I!? !l!,;" - i" i! 1~ I , !ill! l:J >~Ili :I: Il,'li V> !:jIiU &..;j t ! .... l!i~i, ... ~II"! j:lll! Ii!: I !!! 0 iii1ih - II , 01 ' .... 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'''O'CA1ES1-',P''''lH1AGR_CE 20S0S'lU$J-<108!:SET FE" 1" "0 29305-\. ".8. J~Oi6~-78 . o 'NOICAI[S \~ I.P ""TH lAC R.C E 20506 rws>< 10 BE $(1 F[R TR NO. 29:10~. ..8. 37Sn6-4e ' o 'N[lOCAIES SET I' 'P W1T~ TAC R C ( 20505, flUS~ o 100' ~...oI SCALE ~. i=:j I '00 '00' '00 I ,. ~ 100' TRACT No. 30264-6 BEING A SUBDI~1S'O" or ,OJ \2 or TRACI NO 29305 AS :'>HOlliN BY "AP ON rIlE IN BOOK 37B. PAGES 3~ 1HROlJGK 4B. tNClUSIVE. or "APS. R[COIIOS or R'VERSlDE COUNlY, CALIrORNIA. HALL << rOREMAN, INC AUGUST 2004 ENGINEERS NOTES . ,NDICATES rOUND "ONu..un AS NOTW BOUNDARY SURVEY MAP (111) '''OlCATES R[CORD AND ..[Asur;w DATA PER lR "0 293D~-1 1).8 3~Di6~-78 (R2) I"DICA1ESRECORDA>ID"EASUP(ODAIAHR m NO 29305, ".S37e/36-4a iR3) '''OtCA1ES RECORD ANTl ~USURW DATA PE" TO' "0 30"~4-.l ..e____I___-___ (R) INO'CAIESRADIALS!:AR'NC SHS><[[12rORBASlsorSEAR'NGS, '.lAP lAYOUl S~En AND \IlCINI1Y MAP <'" , , , , 53 -. 22 52 >- - ~: 23 51 i~ 50 -, 24 . , , >[T ,. '", rltJS~, IACGW RU lO'>CB I"'V CO lWE "," ~ON) 10 BE ~T "tOT CClmEl'S '>1.) 'N(,1.[ ~OlNTS .. LOl lll>[5. l'''tE5 0IH[,"",.1NOI[O ~T ~"l ~"" T'G ~ C[ 20~1 TO I!.E ~I 'N TOP if CUPS ON lHEPHllu"G>!'ON U TH( SWl LOIL'"ESwr.[c"S AN~ &.C': '''O.(C1W P[PPE"tIIOJl'. (l< '>(\I'L ,~O" "()P[PTYlIN[ (.,vr>Sl[)[COlINnSTD. I'm:"n All ~Cf<'.'"l"IS :\110'" "5(1" SH>Ll al SET '" 'C(()R['''',[[ OllK THE """UM[N"flCf-J 'C/lEEUE"lfOl'T"SM>., UNI(SS OlKEPWS(ND1W J-U"(Kj~("TSS{T P(P Ro\(OSlO[WJNfi Cl'OINA"CE _,1 ~ o".,;<(;{: ('~~E"IS SHAlL BE >lPI f,[[ Of 8\.IlOI"CS'''DOO$T''UCliD"S """ " o CUIl\'[OAI> (l(UA R>DOJS 'r J'4g'.M "~" ,"' ,"' mmmr '''P('1[S REST~\CT[~ ~CC[SS DH:lC.TEO H!:"IC<' "' ~" ~ l-:A v ~ -z- lH'~ MAP CO"1A'NS 1\ 79 ACRES CROSS l~'S MAP CO"JA'NS 6.62 AC~ES NEI '" ~ 0' ~~o. ~~~-9. :r",'l-O -1,,-1 HAlL &: rOROAAN. INC. AUCUST 2004 SHEET 4 OF 7 SHEETS ~. N I ., , ., " ::.--- 1"~ 40' IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE. STATE OF CALIrORNIA TRACT No. 30264-6 BElNGA5UBD'\IIS'ONOflOl1]orTPACTNO,29JOSASSHO"""BY>,lAPONnlE," BOOK ~78, PAGES J6 lHROUCH 46, INClUSIVE. or MAPS, RECORDS OF RIVERSIDE COlmTY. CALIFORNIA SHSHE[lir0PBASlsorB[ARI1JGS S(E SHE(I J f 1)1; 5OU~JOAr;y SUR\1. ~ MAP. WGlNE[RS NOTIS AI{D EAS(MU/I NOTES " , "0, 10 " ----.....'"" " ~. ," .; TFU\CT NO. 'II LOTIO ; ; --:: 3026-"t-3 " " " " , , " /', TF.L\C-r NO. , , , " 2D305 , , , , , 378/38~ "J-"J. ; ; rlr' ~o 0'('(' 0'"" ("(';- S " \ , ~. , '\ 14 LOT 13 TFU.\CT NO. 20305 20 JvL8. 373/38--"J.8 ",o"".,.Il'i\!l) \ll~.~'~ '" " " lM'DA.lA MARt;(; ><88"~'27" ~"'ffi'll" 21 53 lOOl;IH 18~' J212' SEE SHEET 6 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 5 OF 7 SHEETS TRACT No. 30264-6 HAll & FOREUAN, INC. .6.UCUST 2004 ~. f:::::J I ., " '" '" ~,;- - 1".40' '.' BEING A SUBDiVISION Of lOT 12 Of TRACT NO, 29JO~ AS 5HOl'oN B~ MAP ON riLE IN BOOK 37B. PA(';[S36 THROV(';H <a. ,,,ClUSIV(. or MAPS, RECORDS OF RIV(RSlOE COUNH. CAlWQRNlA SH S~E[l 2 fOR BASIS OF BEARINGS SEE SHE[l5rORBOUNDARyStJR~Y MAP. WGlNEERS NOlES AND EASE~[NT NOTE5 TFIACT NO. 302B~~~O ~/J.8. TFU.\CT NO. 302B~~-3 ~JLE 6 ," LD S(: (' Soy, ("(';- " " , , , , 3D / , , , , , , ", II :" , , , , , ' , , , , , , -', 11/ V , , , 15 2D L}5 Iln -,0 LOT LOT 13 4Jl'(Rl) LOT'13 TFU\CT NO. 20306 J\;L8. IN THE CITY OF TEMECULA. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 6 OF 7 SHEETS TRACT No. 30264-6 HALL &: FOREMAN. INC. etlN~ A SUBDIVISION or LOI 12 or lRAO NO. 29S0o> AS SHO,,", BY >lAP ON rilE IN BOQI< 378, PA~~S 35 THRove... 05. lNClUS'V[. or MAPS. RECORDS or RIVERSlD~ COllNlY. CAurOI/N1A AUCUST 2004 SH S~E[l 2 rO~ BASIS or B[ARINGS SH SHEET J rC-R BOlllmAH SU~I'EY l,lAP. UlGmE[RS mms AlJDEAS[l,lEt!1 NOT[S srlt.t.\ St.t. " 20 \1 .~l~' "l~..<;~i~ ,'5 \ ~6 ~. ~i., " _" ~ f: ~..o; \, I ':~.; -. '0"' ~. '\t;;,L., ~1I11~' ,,0 <(f (~) __ ';'-. ;-oF" ~"".~,:" I"' ;~ ~~; ii~ ~:: I~:::O :f'~ r~ ~o I I / I / / 21 "1'l1~'11"'t 1l~}S l~\ 22 I.\) " u <:0 CD , W ""I . ('\1 1 ~~ ;:'D CD ~ . . ci ~ ;, -CD ~ ~ Z i"- b CD ~ _I . L) LL) <( 2 [( f- 24 -. "~ fl8J"JO'58""'4{I'(R) 25 0": ~'f .- ..11"50'0,...."1.5.';. I"} 26 "'1rJ9.w. "6~ (fI) 27 "r6:><t/8, . //,,~ .J S"" / S,y""l' .> ,- ~:~ 53 M8\"1)\'4(~ ~R) II8O"lO'}l"'tl01~ \) 52 ::~ -:.g.-,; N~O"J..~n {P) ~;,;.~,;,~'(Rl 51 N89?1"5H(p) -; N39":1S'.lB"[l00~ (R) - 50 N$;~SO.1I101G<'L- $~WOY((R) ;..~ !~ O' 49 ,,- ""'"j~"tr. lOl_4{l' (~)...--, $8'U501[(R 48 :-': l!_ N'll'.'5.... 0) ''''or'(I/} 'r ~' , l / ~ N I <0 <0 " 1-"'40' , , 1 , , 1 \ , 1 I I \ I \ I , 1 \ I I 1 I I I 1 \ \.- II \ ~ I \ Z \ II \ 0 \ \.'0 \ 7' 0; r I 0 \ 9 :!:." \ I ...1';: () \ \ lD ~\::;o \ 18 ;\~ rr1 l \ 0 ..'Ig rT1 I ,'---_J 81 ~I~. ~ i s :.: ::0 : -{ fl::< i 0- - 1'1 I I/--r--- (f) r I I I I ~ II ! 9J I I , I C0 I J-....! I I Q:.} , I ~ I I G) I I m , , I I I ~~ / /_ / 02 I Q I ! ~ / } , ,'!Y: " I , } I I } I I I } I } , I } I } } I } I } I } I } I } I } } } I I } } ""} } I I } I } I I I I } I I I I I I I I I I I I " .11 I, ..\ \ " --{ ", );:. " --{ i_ .. .- .0 ~~=; "- I I I I / / / IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 7 OF 7 SHEETS TRACT No. 30264-6 SEE5HEET2fOOB....SlSOf"BEARINCS SEE 5HEET5 FOR BOUNO....RYSUR\U u....P, ENGINEERS NOTES....NO EASEMENT NOTES HALL &: FORE~AN. INC, AUGUST 2004 ~ N I BEING A Sl)80IVlSION or lOT 12 OF TRACT NO. 29~05 AS SHOWN BY l.IAP ON fiLE IN BOOK ~7a, PAGES J6 Tl-iROUGH 48, INCLUSIVE. OF MAPS, RECOODS OF RI\>tRSIDE COUNTY, CAlifORNIA. " " "" .eol. 1'~ 40' '.' J? 0" V S~~ 28 SIy(; ~t 6 J..'b ,~ o V /If , , , , , , , , , , , ENVIRONMENTAL CONSTRAINT SHEET IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF 1 SHEETS o' 100' l.,-.....J SCALE ~ f::j I 200' JOO' '00 I \" ~ 100' TRACT No. 30264-6 BElNC A. S\!BOI\o1S1ON 01' LOT 12 Of' TRACT NO. 29J05AS SHO'MIJ BYt.lAP ON fll.E IN aOOK J78, PACES 35 T~ROOGli 48. INClUSIVE. Of MAPS. RECORDS OF RIVERSIDE COUNTY. CALifORNIA HALL & FOREMAN, INC. AUGUST 2004 FNV1RONMFNTAI r.nNSTRAINT NtH,S. ",IS PRoPER1"YIS lOCATED 'MTHIN THIRTY (30) MILES Of MOUNT PALONAR OBSERVATO RY. AlLPROPOSEOOUTDOORLICKTlNCSYSTEI.lSSHALLCOt.lPlYWlTHTI<ECAUfORNIAINSTIlUTE OF TECHNOLOGY. PALOMAA 08SERVATORYREMDMMENQAnQNS,ORQINANCENo. 6S5 2.TI<EWOl..FCREEKENIo1RONIdENTAlIUPACTREPORT(EIR)'IIASPREPAREDFORTHISPRDJECT AND IS ON FILE AT Tl<E CITY OF TEMECULACOMI.IUNITYOEVELOI'MENTDEPARTt.lENT- BOUNDARY SURVEY MAP THEENVlRONMENTALCONSTRAlNTINfORl.IATION$HO~ONTHIS t,lAP SHEEl 1$ FOR INFORl.IAnON PURPOSES OESCRI81NG CONDITIONS AS OF TIlE DATE OF nUNG, AND IS NOTINRNDED WAFfECT RECORD TlTlEIN1ERES1. TKI$INfQRl.IA110N IS OERII/EO FflO!.l PUBLIC RECQRDS OR REPORTS, AND DOCS NOTll.IPlY TKE CQRRECTNESSORSUFflCIENCYQFTHOSERECORDSORREPORTS BY TKE PREPARER Of THIS l.IAP SHEET. SEE SKEET 2 fOR BASIS OF BEARINGS. t,lAP LAYOUT SHEET AND VlClNITYt,lAP .0 .0<'0 1'1jY-</. 'f'",'l--Q 1'p.1' A' '" "",, "" / .}'-", ", / ~4- '~..',', // ":-.. "'~"~~"""~"<6< ~, [r~~<,"Q ":!' 'i'~, ..<,'I?6"~~ '--(d,> ~ ~~~1?; ~ ~ C'; "(', '~~:>\ ~ \{("A'\' \, -z;.. "? , " 'i.p C). \'\'\ ~ \ \ ~"6 \ $":\$ % \\O\\~ 1. \,....,,\ l;>~, \ \...>: ~ ''fk \~\O ~ , , \ ~~\ \ ~\ \ 1'\ \ ... \...\ \ ~ '~~ \ \ ~. :<0: \ \ ;;;, ;;;;, II \ :~ ~ Oil! U "". ""I ';" .-1 50 E ~~I~ ~------- "!. :"!. 1 1 : "':! I /:lo! /!2/'-1/ I~!!J!/ / ! / , I I' /',// I' I I /:'1-// I I I I I I / // / I I I I ,.~" ~ // ~1~ ...~.... / / ,p....v / "'... / // // {w/ / // ///// / / / / // /-#'//// / ".p-o~>/ // $;/// /// :R////// I I I I / / M' " o 0Jl10E D~T~ DElr~ RAOOS '57" 00' .~ '4 ~. ", " , VICINITY MAP ~olID so.<u: BASIS OF BEARINGS THE BASIS Of BEARINGS FOR THI$ ldAP IS IHECENTERLINEOf WOlF VALLEY ROAD SHOv,tol AS N~\'~~'2J"E. AS Sl10WN ON A "APRECORDW,NB00i<220PACES40THROUCHS6,INClUSI\'E Ofl.lAPS, RECORDS OF THE COUNTY Of RIVl:RSIOE. STATE OF CAUfORNIA BOOK T PAGE 310 W l- ll) l- e..:> w ....., 0 >- 0::: ~ Il.. lo( ~ 0:: 4( D- o:: ~ 4( J: 0 .... 0:: Z D- <( <( ~ ---l D- )... L ~ <.D I 4( u N () 1 ~ >-Vl 1-12 0 1..L f 0:: zl:i - <( z () ~ _ z I") W ---l ti () D- :::> q; > (f) () ~ . w 0 m L z ~ ~ Z w w W l- I-- n::: 1..L () U 0 1..L <(---l >- 0:::0 I- - I--~ () CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 30264-9 The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit 7 r:lagdrptI04/tm29798,-1. -2..map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 30264-9 DATE: June 14, 2005 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 617,000 $ 308,500 , Water $ 106,000 $ 53,000 Sewer $ 159,500 $ 80,000 TOTAL $ 882,500 $ 441,500 Monument $ 24,900 - DEVELOPMENT FEES City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES Planning Fee $ 561.00 TCSD Fee $ 975.00 Fire Fee $ 205.00 Plan Check Fee $ 6,006.00 Monument Inspection Fee $ 1.245.00 Fees Paid to Date $ 8,992.00 Balance of Fees Due $ 0.00 8 r:lagdrptI04/tm29798.-1,-2..map , I!? ' I , , I:l i!!!1 :J: ~I!I iI: lJ) I""i ... Ili!!1 , ~ ii" 'ill !!! - II . I:!II: I!, I"! , I- 1"'1 11 Ell , ';lj !iil is, , '" I"!I'!! I- phi , . 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'ei..L ~~g; ~!;~ ~~:I:":; ..,,,,g~ i!'<o<< !at:~~ ~b:S\'; ~!:'::lt: ~~~~ ,<0 (fl"'i';:::~ '-'<00><>- & ~~g~ <(~..zo li5~~88 .... o,..ow O~~8~~ ~;Pli~~ m , " ~~i~l'; 5 e e ww ww r r mm ww ww m" " ~~ 50 uZ ,m ~" <w ow Z z 00 o z ow ~~ 00 "" ~~ ciei z z i ~.;t:; ~::::l'" Wu ~"> o.e zi:;lG 'w ~<. ~B\';.,; ~:tl~ (/)"Ez z.O- 8~~~ " w ...JS:!;:; ~ ~:t~~ 9 ~3~~ ~ :::;;::> >-< 25""'U "- ~h~1 ~ ~~ ~ g w';i!'o m . ~~ w. ~~ ~~ ,. ., ~~ "w ~~~:~~ "'.. s.... zzzz 5~'J:3~ :;;~ om gi;: N", ~~ < < '0 '. 0< ~~ ~, ." .' -" ., c- o w, uo.:<Ii "'",:;; ~it'~ ......x... ;r:VI... ,~ :~.~~~- :*~~ ~ .......~N ~ .. .~ , :g ro Q '" a Z ~ ~ ~ ,p ~ o -, 11;) ~~ ~gj ~~ " IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 7 SHEETS TRACT No. 30264-9 BEING A SUBDIVISION OF ~OT IS Of TRACT NO. 29305 AS SHD'IIN BY MAP ON FlU: IN BOOK __ PACES ___ INCLUS1\IE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CAlIFORNIA HALL & FOREMAN, INC. AUGUST 2004 ENCINEERS NOTES . INDICATES FOUND MONUt,tENT AS NOTED. A INDICArrS l' I.P. Wl11-I TAC R.C.E, 20508, F~USM TO BE SEI PER lR. NO. 29305-1. o.LB. 350/S5-78- . INDICATES I" LP. WITH TAG R.C.E. 20508, flUSH TO BE SET PER1R.NO.3D264-3.1.I.B,___/___-__ o INDICATES l'I.P. \11TH TAC R.C.E. 20508, FLUSH TO BE SET PERTR.NO.29305,UB.___-1_-~ o INOICATES l' I.P. \1111-1 TAG R,C,E. 20508, FLUSH TO BE SET ROllNOARY SURVEY MAP s[E SHEET Z FOR BASIS Of BEAR,NCS. M"P ~"YOUT SHEET "NO VICINITY MAP THACT NO, 2830'5 M.s. ~EO~TA ~EO~TA "~ OCN'llNG "". " ,', , "' '" "' " '", ". " "' " Nllr " '", '" , "' " " . "' '" " , ., " " 144' "' '" NQ.l'OrlO"w "" "' " .. ',' "' "" " "' U " '1" " " "' "' " , , "' " Nl'"77"03"[ 12,00' "' W NtiS'Sl':l6"w . "' " . , '", "' ',", "' ". " "' "' "' '" ." , '" '", rn "' .11' "' '" N44' " "' ~ " "' '" " "' "' " "' '" 7.11 "' W "' llJR\EOATA ~ ~" .... lfNGTH " '3l'28" ... 471' "' i c "' 0 ".. 0 "' / " '"' ,- " "' I " "' I 7,1' "' "' (Rl) INOICATtS RECORD "NO ME"SURED DATA PER TR. NO. 29305, U,B.___I__-___. (R2) INOIC"'TtsRECOROANDUE"'SUREDDATAPERTR.NO.30264-J, U,B.___I___-___ (R) INDIC"IESR"DIALBE"R'NG EASEMENT NOTES & ~Oll:"I(SPRlVA1EACa:SSEAS[wO<TrCll ~GRESS" EGRESS AS SHOWIN CW iliACI NO. 29lOS,W.B.__-I___ ORAINAGE EAsEUENls SHAll BE KEPT fREE Of BlIlLDINGsANCOBS1RlIcnONS mmmr lfOo.TESIlESTRlC1WAca:SSD(llICAITDHER[Cft I" I.P., flUSH, I~GGEO ~CE lOSOO (Rlv. CU 1YP[ '~" 1lW.) 10 OC SET ~TL01~S.lIlO.lllCU:P(jNISINLOILt.(S.UNlfSSOlHERIllSE "'~ HAl. A>iD I~G ~.u. 20soe 10 & SElIN 10f' Ci CURB CfI I\1EPRl1CWC,o,IIOIlCiIlt:Sll,LOTUN(SOO(.C:SlJ() ac.'s PIlO..:C1UI PERPEHOiCUlAA OR OOAl FRCU PRIl'E~n UNE. (~MlIS1DECOlIIl1YSJO.lYPE'n AU ~ONU~[NIS SltO\lll 'SET' SHAlL Ill: SElIN ACCCIRDAHCE .",1\1 I\1E ~CW~ENIA~ A~(EW[HT FOR lHIS WAP, U'*-.I:SS 0l\1ER\lISEN01E[l All WOIIU~ENIS SET PER ~MIlSIDE: CCIUI<TY OOllINAHCE451.9 OIlAlNA(;[ (ASE~(NIS SltAU BE KEPI FREE<< BUIUlIN!;SAHOOllSTRUCTIONS THIS WAP GONI~INS 1~61 AOlES GIIOSS ntS ~AP GONI~IHS 11.49 AOlES Hil LOT 2{5 " , , , , , , , , '- , -?;, "0~.qC')--'YO ''''0 ?"" '0> " '- , , ~""" , , ~ "'" , 'LOT23". !\~:~, , ..., ,;:)'-.... ',1'lc $' ;-2" ','4.4,. , r---J 'f-~,- '" '."" " t--J )-" ',~ ---.-/" 2~' JOO' 400. '~""". , " LOT 14 TRACT No. M.s, LOT 'J3 20306 0' 100' 1...-'_- SCALE, 1"-\00. IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 7 SHEETS TRACT No. 30264-9 SEESHEET2FOIlBASlSlJ'BEAAINGS S[E SHEET 3 FOR BOONDARY$UR;{Y ~AP, ENGINEERS NOTES ANO (AS(UOH NOlES HALL . FORaIAN, 1Nt. AUGUST 2004 i r::::J I ~ .. 1"..40' ,~ BEING A SUBDI'II5ION Of LOT 16 OF" TRACT NO. 29J05 AS SHO\IIN BVNAP 00 f1LEIN BOOK_PAGES~INCLUSlve:,OF"NAi'S.RECOROsOF"RIl'ERSlOEC(lUNTY,CAlJFORNI"'. --_ 63 ----..... TRACT NO. 30264-3 MoB. ,~ ------ ~--- --- -- ---------- -- ~ 62 oeal. ~71'J$~.... ~Of' 60 .lc' LOT 26 92/ Q ^- I ............... ( " .......... \ .......... --",1..01' "- '" to :-... " '-""':..... ---, TRACT NO. 20306 MS. ................... '. TRACT NO. 30264-3 MB. 74 s~~ Sly~ I ~1' 7 S UNECATA UNE BEARING LENGTH " , U "W 4_1~ LJ N62'JS'59"W CURve:CATA CURve: DEl.-TA RADIUS LENGTH Cl 4' 17. C2 '4'"' 14 .' IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 5 OF 7 SHEETS TRACT No. 30264-9 6EING ASU60lVlSlON or LOT 16 Of" lRACT NO. 29JO:>A$ SllOwN 8Yl,I...P QN FILE IN BOOK ~_ PACES ____INCLLlSlVE,Of!.lAPS, RECORDS OF RIVERSiDECOUNTY,CALlfQRNIA SEE SHEfT2 FOR a...S/s Of BEARINGS SEE SHEET 3rOR BOUNDARY StJR\oEY l,lAP,ENGlNEERSNOTESANOEASBt[NT NOTES HALL &: FOREt.lAN, INC. AUGUST 2004 " ,<0" LOT 26 / Sr:r: Sftr:r:?' / / 1- TRACT NO, 20306 J\;18, , , , , , <0 <:: 0(,J CO & CO ... " CUR\l:DAfA OClTA R/.llIJS HrU'lJ"' \ LOT 23 " , , ", ~~~ ^'~ " (o<:i> O.y ", 000>- '1--v. ", 0.:0", 0'1 ", 01,-00 ~ ~ ", ) ~ov1,- ~ '?-f, ", <' /-)- ~ , O.y T~ " -<lA. '. ''>1/. '" ~ 0 ~~)~~ '>.;~~ .., ~'b. \ , " ~ f::j I 1"=40' 6 / " " I..t "~. 17.sr p IN THE CITY OF TEMECUlA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 6 OF 7 SHEETS TRACT No. 30264-9 BEING A SLJBDI....SION OF Lor 16 OF TRACT NO. 29~OS AS SHOWN BY !.lAP ON FILE IN BOOK___PACES ____INCLU~ve:, OFr.lAPS. RECOROSOfRIVERSiOECOUNTY,CALIrORNI,o, SEE SHEET 2 FOR BASIS OF BEARINGS Si:E SHEET J FOR BOlINOARYSUR'l:V l.MP, ENGINEERS NOTES AND EASE~(NT NOlES HALL &. FOREMAN, INC. AUGUST 2004 /5 ! r::::J I " " " '''01. 1".40' I..t 26 S('(' S,y(.; ('l' 'if 33 LOT -i4 LOT 23 NO. 20306 M.B. " ~1}"" "< Lo-v<"-? " ~.J>o ,,0 ", o( <f' ....0 <<'C" 0-$-:('0& ""1! '%v. ", 'i'oj,-t:'1--/'f- T4: '1-0', '( '" " "" )- '1 " (Do 4> ", V M< " " CUR\{OA1A onrA RIllIUS , 1'" 00' LlNGTH t J.5S" '" " lO<EOATA BEAAlNG NJ90'I,.\'W l[NOTH 1" R ; ." SEE SHEET 2 FOR S,o,SiS or eEARING$ 511 SHEET 5 FOR BOUNDARY SlJRI'E,( t,MP, ENGINEERS NOTES AND EASE~ENT NOTES HAll &: FOREMAN, INC. AUGUST 2004 SHEET 7 OF 7 SHEETS J N [ '" '" eo 1"_.0' IN THE CITY OF TEMECUlA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT No. 30264-9 BEINOASUBOIVlSION OF LOT 16 OF TRACTNO.29305AS~O\'<NBYr.tAPONFILE IN Il00K__PAGES _____INCLU~ve:.OFMAPS.RECOROSOfRIve:RSlOECOUNTY.CALIFORNIA. TEACT NO. 30284-3 '0 :;- .f) o & o " / ;.----- MoB. LOT -iLl LOT -i2 LOT -13 , , , , , , , , " TRACT NO. 20306 M.8. >- ~ :.: It: < Q. W l- (/) l- t) W J o ~ D.... Z 0.... <( <( ~ --.J 0.... .)... L ~ <.0 I >-&l N U 1 ~ I-~ LL It: 0 I Zb U <( z ~ _ z to w --.J & U 0.... :::> <l: > (f) U ~ . W m 0 ~L z ~ Z WW wI- I- O:'::LL Uo ULL ~ <( --.J >- ~-<~ ,,~ n::: 0 I- c.y~ <:l 3:u ~v.~ \-, I- ~ It: CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 30264-10 The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit 9 r:\a9drpt\04/tm29798.-1.-2..map , CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT ! TRACT MAP NO. 30264-10 DATE: June 14, 2005 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY , Street and Drainage $ 341,000 $ 170,500 Water $ 75,000 $ 37,500 Sewer $ 99,000 $ 49,500 , TOTAL $ 515,000 $ 257,500 Monument $ 18,600 - , , DEVELOPMENT FEES City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES ! Planning Fee $ 561.00 TCSD Fee $ 975.00 , Fire Fee $ 205.00 , Plan Check Fee $ 4906.00 Monument Inspection Fee $ 930.00 , Fees Paid to Date $ 2,237.00 Balance of Fees Due $ 5,340.00 , , , , 10 r:\aQdrpt\04/tm2Q7QS.-1.-2..map Z <{ ~n= <.Du N ~ ~:5 I-JW::) CLU .<.nW O~2 Z~~ I-- ~ LL Uo OLL <( ---l >- 01- ~ ~ u I-- >- ~ ~ a:: -< ll. W f- CI) f- () W J o ~ 0... ~ a:: ~ -< J: t:l a:: .... I ! f gj q: ~ I CL <{ 2~ -< >-bl I-~ -I- ZO _ z U > ~ lD Z ~ l!! i~i.,. ~ J! ' 1'- . I Is III IIn ili i:;Sij ~'f $ 1'1161 ~I~ ~ll! I ... "- 11_1,0. qu C 6 il"; !I~ 0 . 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J:_",,,, ~(o "-_Ii'" ~ ':o;~ ~~ e~~ ~ W W I l/) e- O) o >- << ...J 0.. << '" < wW 0" ,< "D 'o!w -' "< " "0 OQ ;:\5 zU 0" oz uo 1!;2 ~,b 0- ~" NN ~~ , ~% c. ;!:<fi<ri ~~~ "-_Cl........ ~3~ :~~ e~~ ~D ,N ~, wI'; g~ NN ~~ IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET J OF 7 SHEETS TRACT No. 30264-10 i N I 200' '00' <00' I BEING A SUBDIVISION Of lOT50F TRACT NO, 29305 AS sHO.... BYr.lAP ON FILE IN BOOK 378,f'AGEs 36 THROUGI-I 4B.INCl.US\IIE. or r.lAPS. RECORDS OF RIIlERSIDE COUNTY. CAlifORNIA. HAll ok fOREMAN, INC. NOVEMBER 20004- ROUNDARY SURVEY MAP ENGINEERS NOTES . INDICATES FOUND r.lONUr.lENT AS NOlEO. .. INDICATES 1" I.f'. 'MTH TAGR,C.E. 20508,f LUSH TO BE SET PER TR. NO.29305-1,r.l,B. 350/65-78. a INDICATES 1- 1,1'. 'MTH TAC R.C.E, 20.so8. FLUSH TO BE SET PERTR.NO.29J05,r.l.BJ78(J6-48 . INDICATES 1"1,1'. 'MTH lAG R.C.E, 20508, fLUSH TO BE SET PER TR,NO. 30264-4,"'.B.___I___-___ . INDICATES1"I.P.;O\THTAGR.C.E,20508,fLUSHTOBESE1 PER TR,NO. 30264-8,".8.____1___-___ . 'NDICATES SET l" 1,1'. 'MTH TAG KC.E. 20508,f LUSH O' 100' 1.....-...01 SCALE; 1" ~ 100' SEE SHEEl 2 FOO BASIS Of 8EARINGS. o.lAP l-AYOUl SHEET ANO YlQNITY o.lAP. (Rl) INDICATES RECORD AND r.lEASURED DATA PER TR. NO 29305-\, o.l.8.350/65-78 (R2) INDICATES RECORD AND MEASURED DATA PER 1R. NO. 2930~, o.l.8.378/36-48 (R3) IN~CATEs RECORD AND l,IEASURWDATA PER TR NO. 30264-4, l,I.8.~__I___-~_ (R4) INDICAlEsRECORDANDl,IEASUREDDATAPERTRNO.30264-8, l,I.8. __-1___-___ (R) INDICAlESRADIALBEARING SE11" 1.1'.. FLUSH. lACCED RCE 20S08 (Rill. CO. TYPE "A" IolON.) AT l-oTCORNERS AND ANGl-E POINTS IN lOTUNES, UNLESS01HER'MSENOTED SET NAil. AND lAGR.C.E. 20508 IN TOPOfCUR8 ON THE PROl.ONGATION Of THE SIDE LoTUNES AND E.C."S AND B.C."S PROJECTED PERPENDICULAR DRRADII\LFllor.lPROl"ERTYUNE.(RIVERSIDE COONTYSTll.TYPE T) ~lll,lONUr.lENTS SHo.... "SEr SHALL BE SET IN ACCORDANCE \\1TH THE MQNUl,l(N1AlION AGREEr.lENl fOR THIS "'AP. UNLESS Oli-lER'MSENOTED ALL ~ONUIlENTS SET PER RIII(RSiOE COUNTY ORDlNANCE461.9 LINE DATA l-INE BEARING LENGTH " N4510'\ , R2,R4 " , " R2,R4 " N51'51'51. " R2,R4 " NSS'38'29"E 42.99' R2,R4 " ,. '46" 57,16' R2.R4 co '" " O' 7.00' R2.R4 " N77'4' 67,96' R2,R4 co , '7'\ 7,87' R2.R4 " N54'J3'4" , .01' R2.R4 '" N41'44' "' '" , " 74,90' " '" " , " '" , " 63.18' " '" NS6'22'09"E "' ,.. N39'2 " 64,21' "' 4}<a '~Ba~(j ,,'-. <x.<D 43/...... ..-~ 44 ~ ~ ORAlNACE EASE~ENTS SHAl-l- BE KEPT fREE Of BU'LDINCS AND 06STRUCTIONS / lHls r.lAPCONTA'NS 15,SS ACRES GROSS THIS r.lAPCONT....NS 12.S9 ACRES NET ,/'" 45 . \ 46 \ '-' .,t/<:t) \ 47 \ \.1 >J! ;i.?'<5 48 \ \.11 r?;C) 40\ "- ~O' 60"'''>!' -<.. ........ ~'V-0 ',,,,":I-~ _(<.'-' -5~~ ',,,-, . 62 ,,"' "- , f...~Fr.lfNT Nnn"~ LOT 10 I&. INDlCATESCENTERUNEOf20.00'WlOESlORr.lORAlN EASEr.lENT 10 CITY Of ITr.lECULA ON BEHAlf Qf R1VERSIOECOUNTYfl-OOOCoNTROl-&WATER COOSERVATION DISTRIC1,fOR CONSTRUCTION AND M....NTENANCEOFSTOR...ORAINfACllITYPURPoSES. S[E SHEET 2 FORBASlS Of BEARINGS SIT SH(Er 3 FOR Il00NDARY SlJR';[Y I.IAPANOENGlNEERSNOlES HAll. &: FOREt.lAN, INC. AUGUST 2004 SHEET 4 OF 7 SHEETS { f::j I " " "" 1"- ~O' '"' IN THE CITY OF TEMECUlA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT No. 30264-10 6EING A SUBDII/ISION OF LOT 50F TRACT NO. 29J05A$ SHOwN BYI,lAP ON FILE IN BOOK 376, PAGES 36 THROUGH ~6, INCLUSI'It. or IolAPS, RECORllS OF RI'ltRSlOE COUNTY. CALIFORNIA. LtLt / CURvE DATA CUR\IE DELTA RADIUS LENGTH C1 O' 6'or' 10 l' '" }o r{r:})l ",C)y ,',S" , \ 47 , 48 \ , 4,p~..'1\ ~'Q<jfjl..~b ",1.', ~.1 'l.')..c 60 , i " w w Vl 13 " , , , 62 ,~ 58 17 J::;> "C/. ./0-^ 0--:) ~ '" "6;", ",'ii' 10 '\ S''-:1. S0 S<v<V "16 IN THE CITY OF TEMECUlA, COUNTY OF RIVERSIDE, STATE 'OF CALIFORNIA SEE SHEEr 2 FOO BASlS or BEARINGS SEESHEET3FORBOUNDARYSUR~Y t.lAPANOENGlNEERSNOTES TR 30284-8 (1\/1.8, "'r... , " 43 / " , , -' _/ ~ ~ , . " ~- 10 . 8 (f) '" '" \.o\1J~~\' C~Q~~ ~{.s' \ C;CO\'\I"\ (f) I '" '" -< 14 .p. TRACT No. 30264-10 8EINGASUBDIVlSIDN OF LOT5or TRACT NO. 29.305 AS SHOWN BYI,IAP 00 fUIN BOOK 375 PAGES 36 THROUGH 48. INCLUSIIIE,Ort,lAPS.RECOI<DSOFRIIlERSlDE C OONTY,CAUfOl<NI... HALL &: FQREI.lAN, INC, AUGUST 2004 r"" It-/". <-:J J..f:::J va . ::J~ 6'-:J y""/ v......'" 1/..;: 0 ;':J .....{) COu 0"v11$ "vIr Co Of' i'i',oo 1?1v, i'i'1r;,%l?sIQ 11i:~ ~-1 11 ,\..\'.'1 1-,:>1,10 ..pt. ljl.b1-{)1. 12 11-34"22'39. L_.30,OO' __ N86'JE'2S"W 14~.07' S78:J4'J1'["(R) 13 55 s"--"-- 57 58 SEE SHEET 7 SHEET 5 OF 7 SHEETS ~ N I " " " ,col. \"_40' I..t LINE " " LINEOATA SEARING N13'34'34"W N ,'2 '3'"W LENGTH '.56' " CURIIE " " " " " co " 34\ $ SfE SHEET 2 fDll BASIS OF SEAAINCS SfESHEETJfOOSOlJNDARYSURVEY f.lAP AND ENGlN([RSNOTES HALL cSt fOREMAN. INC, AUGUST 2004 SHEET 6 OF 7 SHEETS i N I " " " .col. 1".40' ,..t IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT No. 30264-10 6EINGASUSDIIIISIoN Of'LOT50f TRACT NO. 293115 AS SHOI\N SV t,lAPQN FIL(IN SOOK J7~, PAGES J6 Tl<ROUGH 49. INCLUSNE. OF ....Ps. RECORDS or RI\i[RSlDE COUNTY. C"~lrORNI". CUR\i[DAT.. CURVE DElT" RADIUS ~ENGTH C1 'O"4"J"' 100,00' 17.97' LINE " " LINEOATA BEARINC N3" '4"W N497 'JJ"W LENCTH " \ ':> SS'" S'-<' SSS 31 30 o '13::- ~'1- o-?- o '20~ 'i>'3c ".A 7; <01' ~ >'~ o " , ~~ \)~ . . '" ~~~ v..> 0" 6"'" ~ '::<:..> 6"'" 28 57 50 ~ (" ~ ~ .A -' ~~h C....J..I \",0 '5fo 1-~:9' ~ < At>.(, ,,'f" ",,0. 0') ,)2 - ~< <1 \..0 SfE SHEET 2 FOR BASlS (J" BEARINGS SfE SHEET 3 FOR BOUNDARY SURVEY t,jAP ANO ENGINEERS NOITS HALL & FOREMAN, INC. AUGUST 2004 SHEET 7 OF 7 SHEETS ~ N I " " '" '"-40' 1.., IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT No. 30264-10 8EING A $U!3()j\ll$I()N OF lOT 5 Of TRACT NO. 29J05 ASSHDWJ< 8Vt.lAP OtIfllEIN !300K.)78,PAGt:S35THROUGH48,INCLUSII'E,orr.oAPSRECOROSOfRIVERSlOECOUNTY.CAlIfORNI.... LINE U LINEOArA BEARING N '." LENGTH " ---- r-~ / " / ' I< '{), ('\ ~ ~ --' 0' 38 / / / / / /;; <If'- 20 LOT ~iO ENVIRONMENTAL CONSTRAINT SHEET TRACT No. 30264-10 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, SlATE OF CALIFORNIA BEING ~ SU6DIVlSHlN Of LOT 5 OF TRACT NO. 2QJ05 "S SHO""! BY !.lAP ON FILE IN BOOK 37B,PACESJ5THROUCH.S.INCLUSIV(,Ofl.lA.PS,RECORDsorR,vrRs IOECOONTY,CAlIFORNIA. HALL &: FOREt.lAN, INC. AUGUST 2004 ROlJN[)ARY SlJRVFY MAP FN\I1RONMFNTAI CONSTRAINT NOTFS' TH,S PROPERTY IS LOCA1EQ 'MTHIN THIRTY (30) l.IlLES OFI.OOUNT PAlOl.l"R08Sl:RVAT DRY. ALLPROPOS<:DOUroOORlICHTlNGSYSrrMSSHALlCOt,lPLYIIlTHTH(CAurQRN,.o.INSTIruTE OFTECHNOI.OGY.PA.LQI.IARoeSERVATORYRE!,IOl.ll.lENOATIONS.ORDINMCENO.5~ 2. THE WOlF CREEK ENVlRQNt.lENTAl IMPACT REPORT (E,R) WAS PREPARED fOR T HISPROJ<:CT AND IS ON FILE AT mE CITY or TEMECULA COMl.lUNITY DEVHOPl.IENT DEPART"ENl~ TI-lEENVlRONt.lENiALCONSTRAINTINFQRMATIQNSHQ""ION TI-IIS MAP Sl-iEETIS FOR INFQRl,IATlON PURPOSES DESCRIBING CONDITIONS AS Of THE DATE Of FlUNG,ANO IS NOT INTENDED TO AFFECT RECOOOTITlEINTEREST,THlsINFOO"'ATlONISDERIVEDrROill PUBUC RECOOOS 00 REPORTS, AND DOES NOTIl,tPlY THE COOREClNESs 00 SUFfICIENCY OF THOSE RECOROs ORREPQRTs arTHE PREPARERor THIS iIlAP Sl'iEET BASIS OF BEARINGS THE BASIS or BEARINCS FQR "THIS t.lAPIS THE CENTERLINE Of WOLf'VAlLEYRoAllSl'iDWNASN5l'59'23"EASSHOIIMQNA t.lAPRECOOOED IN BOOK 110 PAGES 40 THROUGH 56, INCLUSIVEOFIlAPS,RECOROSOFTHECI)I)NTYQFRI\lERSlOE, STATE Of CAUFORNIA, ,.~ """"0,," ' "<;,"Y; "".eD LOT 10 VICINITY MAP NOlTOSC"'-l: , BOOK T " l.- LINE " " u " " co " " " '" ,n CO< '" ". '" UNEOATA BEARING N45"'12"E N65"29'35- N5I'51'51"E N55'3~'29-E '165'50'05" N67'5'35"E '1770' " N5S27'IS" N54'33'42" N.l'H' - N6S'06'3'" N68'22'03-E N69'59'16- N56' '09- N39'29'.6- PAGE . SHEET 1 OF SHEETS ~ r:::J I '00' - '00' '00' ~O' SCALE; 1" ~ 100' LENGTH 72.30' R2,R. R2,R4 14,93' R2,R. 02.99' R2,RO 57.1' R2.R. 67.00' R2,RO 67.96' R2,RO 7.7' R2,RO O!' R2,RO " 70.90' R2 69,76' R2 " R2 53.52' R2 64.2!' R2 314 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 30264-13 The following fees were reviewed by Staff relative to their applicabiiity to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit 11 r:\agdrpt\04/tm29798.-1.-2..map , CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 30264-13 DATE: June 14, 2005 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 273,500 $ 137,000 Water $ 73,000 $ 36,500 Sewer $ 83,000 $ 41,500 , TOTAL $ 429,500 $ 215,000 Monument $ 15,600 - DEVELOPMENT FEES City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES Planning Fee $ 561.00 TCSD Fee $ 975.00 Fire Fee $ 205.00 Plan Check Fee $ 4806.00 Monument Inspection Fee $ 780.00 Fees Paid to Date $ 7327.00 Balance of Fees Due $ 0.00 12 r:\agdrpt\04/tm29798. -1.-2..map I , , I!? ill", - :?i!:- ' I I:J .gi!l , :I: i;liil! ~,;~ ! I,> ",I VI <D Ili~11 d, ! "- II 1,'1 ''In' j:l' !!! 0 iii'!h - ~! i'l ! "! ~ W !"" 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NO. 29305-1, 101,8, ~50/65-76. o INDICATES 1" I_P. 'MTH lAC R,C.E. 20508. F1..USH 10 BE SET PER IR. NO. nKl5. M_B ~78/~6-~6 . INOICATES I"I.P, 'Ml'H lAC R.C.E. 20$08, FLUSH 10 8E SET PER TR. NO, ~02H-6, t.I_B. ~~-I ~~~ ~ ~_' O' 100' I....r-..-I SCALE: ~ r::::J I 200' '00' .00- I l"a'OO' TRACT No. 30264-13 BEING A SlJBOIVlSlON or lOT I~ ~ IRACI NO. 29305 AS SliD,^" BY t.lAP ON F1lE IN BOOK 378,PAG(S35 IHROUGH.S, INClUSllI(,Of t.lAPS, REGORoS OF RI\lERSI DECOUNTY,CAllFoRNIA HALL &: fOREMAN, INC. AUGUST 2004 ~NG:~gl~~isN~JuENSO t.lONlJt.lENT AS NOTED. BOUNDARY SlIRVFY MAP 0 'NoICATES sn,' I.P_'MTH TAGR.C_E. 20508, FWSH (Rl) INOICAl[5RECOROANot.lEASUREDDATAPERTR. 00 29305-1, t.I,8..:l50/65-78. (R2) INDIC"tESRECORO"NoME"SUREDOM"PERlR 00 29~05, M.8.378/.:l6-48 (R~) INllIC"TESRECOROANOIllEASUREooATAPERlR. 00 .:l026.-9, M.8,___I__-__ (R4) INOICAIESRECORDAND t.lEASUREO OAT" PER TR. 00 .:l026.-6, M_8_ ___I _~ ~ ~~_ l" INOICAIES R"OIAL BEARING SEE SHHI 2 fOR BASIS Of BEARINCS, MA'P lAYOUT SliEEl AND V10NITY t.lAP. mmmr INOlCATESRESTRICTED "CCESS DEDICAIED HEREON. Snl"LP..FLUSH.II.GCEORCE2csoa(lllV,co.TYPE"""~.)TOOC snAILOTCORNERSNlC1.NCLIPClN15~ lOTUNES, !.MISS OTl1ERllISl:NOJEO. Sl:TNAA.N1DI"GR.C,L2C5CNlIOOCSETINICII'CFCI.l'l8 ON lH(PRCl.ONG.\liCfjl;fTHESiOEtOIUlf:5ANllE-C.'S ANllB_C.'5PRD..{CTEOPERPENOIWlARCllRp,QW,JllCM PRCII'ERlYUNL(RlYERSDECClJNTYSTO,TYPEt") " , , , , , <0 /' " ,," 0' ,,'f '?'v o .lLl ~O:<UWENrs SHO'/IN "SEr SH.I.U. BE SET ~ "CCCRD1.NCE IlITH THE ~O:<tJ~ENI"TIO:< "GREEWOlT roo IHIS ~IJ', ~lISS OIl<ERMSENOTEll .I.U.~ONIJ\IENrsSETP(RRI~SIOECOUNIY OllDINNlCE'SI.9 CRAlNAlt [ASEijE~1S SIi.lLl at ~EPT fREE Of BUWNGSANDOtiSTRlXno:<, THIS ~IJ' CCOI/JNS lD_2. "CllE5IJ!OSS THlS~"'" CQNI/J/IS 1.'. ACRE:; NET /' 1.,."'-1 '& C'}-- "0'.>: 1--0 ,,~ . "S' "'l;, '\7e~ +.y "~~> , , , ~ .,y 0" " ,,0 C- '?' ,,~ t ~ '. 71 UNEO"IA co OCARINC lfNG1~ " ~OJ'OJ'.ww laJe'R2 " NII-;2'jO'E '.71'Rl u N'918'52" U_98"R2 " HOJ'OrjO'w laJ8'R2 u NII-;2'jO"E IO,I.'Rl " NI212'.9"[ 12,00' ~ R2 " ~Jn3'II"W " , " ~'8'O1' " W.8C'R2 " . l'I"W " " '" ~7 1 ' '," '" N.~'.rOol"w 19.tXl"R2 '" N,,'!i'29" 5.00' ~2 DJRI'EIJ.o\T" M< .". R.oJlIU5 Lf~GTH " ," .O.l'R 0 IC"'U- 112,00' 2Q,OI'R2 0 IO,.'U- 11.00' 01' ~2 " ~ OJ"' "" 1I,OSR2 " J"<~"2"' 90000' 6O,I.'R' IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 6 SHEETS SEE SHEET 2 FOR B,I,SlS Of BEAAINGS SEE SHEET.J FOR BOUNO,l,RYSURVEY f.lAPAND ENGlNHRS HALL &: FOREMAN, INC. AUGUST 2004 ~ r::::I I TRACT No. 30264-13 BElNG,I,SUBCHIIISION OF Lor 13 OF TR,I,CT NO_<9305 AS SijO'M'l BY I.lAP ON FILE IN BOOK 378, PAGt:S 35 Tl<ROUOH ~8. INCLUSIVE, OF IMPS. RECORDS OF RIVERSIDE COUNTY. CAlIFORNI.... <0 <0 " ,col. I". ~O' ...t "'~ " " " " ClIRVEOATA DELTA RADIUS J9.5J.5~"' 58,00' 10'U'13"' 11 10'~'U"' 112,00' 40'3'0"' TRACT NO. A> (f" ("C " /Y-1. , "VQ ~ "fA> , -1-?, ~ t-Itc , "f)- ~ LENGTH iO.39'R2) I'R2 20,01" R2 ~1_0' R2 liNE U " " " LINEGATA SEARING N52'05'~J" N~81J7'JO.1'I N~81JrJO"1'I N1' '17" LENGTH ~1.0~' 30,00' 000' 50,0ll' TFU-\CT NO. LOT -14 3026.4~6 j\;LB, TFU-\CT NO. / 20306 LO f- W W :r: V1 w w V1 M.8. 378/36-48 " , , '" ~. ,", . '<; '~. 4-4.0 ~cb."'q, ~<b~ '", " , " , , , , , , , , " , , , , , , , " ' , , , , , , , , , , , , , , , " 27 )c "''"i'" -1C' ~& /"/yo "a, "..:J /s "=0 Ycr: VQ.... 6~ v '9'& / '"OJ-- ,-", '0' '0 SEE SHEET 2 FOR BASIS OF BEAAINGS SEE SHEET 3 fOR BOUNOARY$UR'itY MAP AND ENGINEERS NOTES HAll. &: FOREMAN, INC. AUGUST 2004 SHEET 5 OF 6 SHEETS ~ N I " " " '0"" I". ~O' I..t IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT No. 30264-13 BEING A SUBDIVISION OF LOT 13 OF TRACT NO. 2930~ AS SHO\\N BY t.CAP ON FllE IN 600K37S,PAGES361l1ROUGIl4S,INClUSlVE,OFMAPS.RECOROSOFRIVERSlOECOIJNTY,CAlIFORNIA. " , , , , , , , , " , , , , , , / , / , / Y / / / / / , / , \ \ \ \ -18 TFU-\CT NO. "" " " u LINEOA,A BEARING NBS26'~9"E NO U' I"W NS "W LENGTH , , , lL9'R4 -17 -18 TFU,\CT NO. -16 /' / ///// '13 -ID 20 21 30264-6 ----- 22 ----- . ~ 23 ~ . 22 f------. . 24 . 26 -- 26 MB. 27 32 3-1 28 30284~6 !vJ.B. 33 / / SEE SIlEET2 ,OR S,o,SlSOf SEARINGS SEE SllEETJ,ORSOUNO,o,RYSURVEY fol,o,P mo ENGINEERS NOTES HALL &: FOREMAN, INC. AUGUST 2004 SHEET 6 OF 5 SHEETS ~ N I " " .. .CO~ '..40' ,., IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT No. 30264-13 BEING A SUBDIVISION 0, lOT lj or TRACT NO. 29jO~ AS SHO"",,, BY MAP ON FilE IN 80OKj7B.P....GE:Sj6 THROUGH 4B.INCLliSIVE.OI'MAP$ RECOIlOS OF RIVER$lDE COUNT y,C....UFORNIA. LINE OAT"" LINE 8EARINC LENGTH " ',' CURVt:OATA CURVE DELTA R,o,OIUS LENGTH " 29"40'26"' 50.00' 25.90' TRACT NO. 34 30284~8 36 , , wLB. Lt-J LOT 23 / , , " , , , , " , , , , , , , , ^'", ',- "-"C " ~.y-1 ", 'l-^ , ~:.; " ^' " , .-<{,(\ " "" 'I;f-ft.: "" M.8. 373/36-"18 , ~}- " "" "" , , , , , , , , , , , , , , '---_../ TFU\CT NO. ~,. / ~ 20306 / , , , / , / / / / , "" , > , , , / -{,. //// / / , "" "'" / ; ENVIRONMENTAL CONSTRAINT SHEET IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF 1 SHEETS , O' 100' I....r-.....J SCALE- i f::j I 200' ~O' .00- ," ~ 100' TRACT No. 30264-13 BE'NGA SUBOIVlSlON OF LOT 13 Of TRACT NO. 29305 AS $HOwN BYI,lAP ON F1Ll: IN BOOK 37B,PACES3BTIIROUGH4B.INClUSIVE,OflolAPS, RECORDS OF RIVERSIDE COUNTY,CALIFORNIA. HALL & FOREMAN, INC. AUGUST 2004 FNVlRONMFNTAI CONSTRAINT NOTFS- 1. 1111$ PROPERTY IS LOCATED ~lHIN THIRTY (30) MILES OF MOUNT PALOMAR OBSERVATORY. ALLPROI'OSWOUTDOORlIGHTINCSYSTE",S$HALLCOt.lPLY'MTIITl1EC.wFQRNIAINSIITUiE OFTECI1NOlOGY,PAl.OI.IAR0\3SERVATOf!YREMONIoIENOATIONS. ORDINANCE NO.6SS 2. mE WOLF CREEK ENVlRQNUENTAL IMPACT REPORT (EIR) WAS PREPARED FOR THIS PROJECT ANQ 1$ ON filE AT THE C,TYOF TEIAECULA CO.....UNITY DEV[LoP...ENTOEPARTMENT - ROIJNflARY SURVEY MAP THE ENIIIRONMUHA~ CONSTRAINT INFORMATION SHOWN ON THIS lolAP SflEET IS FOR INFORl.lATlQN PURPQS(S DESCRIBING CONDITIONS AS OF THE DATE OFFlLlND,ANDISNOTINTENDEOTOAFFECT RECORD TITLE INTEREST. THISINFORl.lATION IS DERIVED FROIol PLlBUCR(CORDSORREPDRTS,ANDOOCSNOTllolPlYTHE COOREClNESS OR SUFFICIENCY OF THOSE RECORDS OR REPORTS BYTHEPREPAREROFTl1ISl.lAPSH((T. SEE SHEET 2 FOR BASIS OFSEARINGS, MAPLAYQUTSflEETANOIIICINIIYt,lAP " 'oO;OJVNJ.ErROl.ll / ~'>,; , VICINITY MAP "'llmsc.u: <0 /' ;;,. /' <-""-1 '<'1 ,). "0'.> 1-0 c::;:...a;',,;:: 0.' Da. "e '15- , , , , , '" <<i( 0'10 "3 0' ,,'" '1'0 A.,0g;' -+ t '. 11 , fl. G!; < , / -\" ~. ~,.$> c; ~~ , < UHEDAIA C. BElRI>IG LE~GTH " ~OJ"()J'JO'"W laJ8'R2 " ~'l~2'.lD'E 01'Rl " ~~9'6'5n ~l.98' R2 " ~OJ'Dl'.lD'"w la38'R2 " ." .. 10.1~' Rl " NI212'49't 1?,OO'R " "' 'II"W " '. " .~8'Dr.lD'" roO'R " . '1',-" 41.0.4' '" N7210'20"E '. . '" H~~'.2'G4'" 19,OO'Rl '" N"~5'2 " 00. CIJlI\'E1IA1A M< ~" ._, LENCTH " ~;J' ," . '", 0 ID,,'1J"' 11,011 ,. " ID,nJ~ " 01'R " 00 ~I.OJ" R " l"nl~ 9OOCO'" w.,,' ~, BASIS OF BEARINGS TliE BASIS OF BEARINGS FOR IliISl.lAP IS THECENTERl.INE Of WOLF If ALLEY ROAD SHOW'l AS NSI'S1I'23'E, ASSI-IOWNON A IolAP RECORDED IN BOOK 22D PAGES ~O THROUGH 56, INCLUSIvE OflolAPS,RECORDSOFTHECOUNTYOFRlvERSIOE,STATEOF CALIFORNIA BOOK T PAGE 317 >- <( ~ ;,.:: tk: <( n. W f- (f) f- o W J o 0::: 0... Z 0- <( <( ~ --.J :2 0- w ...J <( ill u U Cl >-Vl N <3 I-~ LL tk: Z5 0 -<( z U--.J ~ _ z I") U W::::::> j O-u ~ > . (f)W 0 (]) 0 z ~ :2 ~ Z W W wI- ~ O:::LL Uo ULL \'~~ <(--.J>- I>-\..\..ti 0:::: 0 l- I>- \j CD\.. '=> 5U '\t~~ \/ \ ~ Cl <3 tk: ITEM 25 APPROVAL JJ.lAI~ CITY ATTORNEY I 'v', DIRECTOROF FINANC~ LlV CITY MANAGER /W f CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council ~~William G. Hughes, Director of Public Works/City Engineer DATE: June 14,2005 SUBJECT: Engineering Plan Check, Map and Legal Description Review Fiscal Year 2005-2006 - KRW & Associates PREPARED BY: Ronald J. Parks, Deputy Director of Public Works RECOMMENDATION: That the City Council approve the agreement for Engineering Plan Check, Map and Legal Description Review for Fiscal Year 2005-2006 with KRW & Associates for an amount not to exceed $30,000.00, and authorize the Mayor to execute this agreement. BACKGROUND: The Land Development Division has been using consultant services to provide additional engineering plan check, and map and legal description review on an as needed basis and generally concentrates consultant activities to final map checking and legal descriptions where we are limited in staff expertise. By having KRW & Associates do the projects first plan check and having staff review that plan check as well as perform subsequent plan checks, we provide a quicker turn around to the plans and provides a learning opportunity for our staff. Due to the increase in demand for plan check, map and legal description review for new development in the area it is necessary to have an agreement in place that anticipates the expected services. The requested Agreement is for services to be provided at an hourly rate of $70.00 per hour on a project by project basis for an amount not to exceed $30,000.00 KRW & Associates is to provide the needed services for additional engineering pian check, map and legal description review on a project by project basis throughout the year. FISCAL IMPACT: Adequate funds have been budgeted in the Land Development Operating Budget for Fiscal Year 2005-2006. ATTACHMENT: Agreement FY2005-2006 R:\Agenda Reports\2005\061405\Winchak Agreement 05-06 AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES ENGINEERING PLAN CHECK, MAP AND LEGAL DESCRIPTION REVIEW FOR THE FISCAL YEAR 2005-2006 THIS AGREEMENT is made and effective as of June 14, 2005. between the City of Temecula, a municipal corporation ("City") and KRW & Associates ("Consultanf'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2005 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2006, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform' the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A other than the payment rates and schedule of payment are null and void. This amount shall not exceed Thirty Thousand Dollars and No Cents ($30,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement or $25,000.00, but in no event shall the total sum of the agreement exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. R:\AgreemtsILD AgreementslWinchak 05-06 Agreement new 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings a nd 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 2 R:\Agreemts\LD Agreements\Wlnchak 05-06 Agreement new available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum 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 0 nap olicy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One million dollars ($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: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. 3 R:\Agreemts\LD Agreements\Wlnchak 05-06 Agreement new 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 insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraae. Consultant shall furnish the City with 0 riginal endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All 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 affecting the coverage required by these specifications. 4 R:\Agreemts\LO AgreementslWinchak 05-06 Agreement new 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, I etters of support, testimony at depositions, response to interrogatories 0 r other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. 5 R:\Agreemts\LD Agreements\Winchak 05-06 Agreement new To Consultant: City ofTemecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager KRW & Associates P.O. Box 867 Murrieta, California 92564 Attention: Kris Winchak (909) 245-0159 To City: 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree thatthe laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the CityofTemecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 6 R:\AgreemtstLD Agreements\Winchak 05-06 Agreement new 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 KRW & Associates P.O. Box 867 Murrieta, CA 92564 (909) 245-0159 Kris R. Winchak 7 R:'Agreemts\LD Agreements\Winchak 05-06 Agreement new EXHIBIT A TASKS TO BE PERFORMED AND PAYMENT RATE ENGINEERING PLAN CHECK, MAP AND LEGAL DESCRIPTION REVIEW FOR THE FISCAL YEAR 2004-2005 8 R:\Agreemts\LD Agreements\Winchak 05-06 Agreement new KRW & ASSOCIATES Land Surveying, Planning and Land Development 34229 Pheasant Run Circle Wildomar, CA. 92595 Bus. (951) 245-0159, Fax (951) 245-0159 May 23, 2005 City of Temecula, Dept. of Public Works P.O. Box 9033 Temecula, Ca. 92589-9033 Attn: Ron Parks, Deputy Public Works Director, City of Temecula Dear Mr. Parks This letter is to infonn you of my desire to continue to perfonn Map Checking Services to the City of Temecula for Fiscal Year 2005 - 2006 starting July 1,2005. I understand the terms of this request are based on the attached Agreement from the City of Temecula. The compensation for Professional Services provided will be paid at a rate of Seventy Dollars ($70.00) per hour on a project by project basis, not to exceed the amount specified in the Agreement. I am very pleased to be of service to the Department of Public Works and look forward to the continuation of our work relationship. Very Truly Yours, ~ /P /J~/ Kris R. Winchak, L.S. 6240 KRW & Associates ITEM 26 APPROVAL (1,. ....- CITY ATTORNEY I 'YVVO DIRECTOROF FINANCE ~L CITY MANAGER -1/ CITY OF TEMECULA AGENDA REPORT TO: DATE: , .ACity Manager/City Council 4.LA'lwilliam G. Hughes, Director of Public Works/City Engineer June 14, 2005 FROM: SUBJECT: Professional Landscape Plan Check and Inspection Services Agreement for Fiscal Year 2005-2006 PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council approve the annual professional services agreement for Fiscal Year 2005-2006 with PELA for landscape plan check and inspection services in the amount of $50,000.00 and authorize the Mayor to execute the agreement BACKGROUND: PELA is currently under contract with the Public Works Department CIP Division to provide landscape plan check and inspection services. These services are necessary to insure that future landscape improvements constructed as part of the City's Capital Improvement Program are designed and constructed to City standards. In order to avoid any iapse or delays in the plan check and inspection process, the Public Works Department CIP Division is proposing to continue the professional services agreement with PELA in the amount of $50,000.00 for Fiscal Year 2005-2006. Landscape plan check and inspection services will continue to be provided on an hourly basis, which is consistent with the accounting system for CIP projects. Funding for these services is available within each respective CIP project budget. FISCAL IMPACT: The consultant will submit a cost proposal for each service request. Once a scope of service and schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under this agreement, unless directed otherwise by the City Manager or City Council. ATTACHMENT: Professional Services Agreement A:\Agenda Reports\2005\0614\PELA Agrment CITY OF TEMECULA ANNUAL FISCAL YEAR 2005-2006 AGREEMENT FOR PROFESSIONAL LANDSCAPE PLAN CHECK & INSPECTION SERVICES THIS AGREEMENT. is made and effective as of June 14, 2005, between the City of Temecula, a municipal corporation ("City") and PELA, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2005, and shall remain and continue in effect until June 30,2006, unless terminated or extended pursuant to the provisions of this Agreement. 2. SERVICES. This is an annual contract for Landscape Plan Check & Inspection Services on an as needed basis. Consultant can perform any of the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. When there is a need for Landscape Plan Check & Inspection Services on an as needed services, the City will identify the specific scope of work, and request a fee schedule from the consultant. The City will instruct the consultant to proceed with the work once the exact scope of work and the associated fees are negotiated. 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, generaily accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, ciassification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office ofTemecula. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shail pay the adopted prevailing wage rates as a minimum. Consuitant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777,5. 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as negotiated and as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks as directed by the City on an as needed basis. Any terms in Exhibit B other than the payment rates are null and void. The total cumulative annual amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. 1 r:\agrmtslmaslers\2005-06 annuai mastertPELA contrac12005-06/ajp b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for services in the amounts and in the manner as agreed to by the Director of Public Works/City Engineer 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 the amount above 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 nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be 2 r:lagrmts\masters\2005-06 annual masterIPELA contract2005-06/ajp maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attomey fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, ordamage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (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. 3 r:\agrmtslmasters\200S-06 annual masterlPELA contract2005-06/ajp (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 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: iiability 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 r:\agnmls\masters\2005-06 annual masterlPELA contract2005-06/ajp I I I (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 poiicy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceotabililv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraae. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya 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 affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance ofthis 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 5 r:\agrmls\masters\2005-06 annual mastertPELA contract2005-06/ajp written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (i1) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: PELA 637 Arden Drive Encinitas, California 92024 Attention: Michael G. Elliott, ASLA 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 6 r:\agrmts\masters\2005-06 annual masterIPELA contracl2005-06/ajp 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govem the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the 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. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. 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 9commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 r:\agrmls\masters\2005-06 annual mastertPELA contract2005-06/ajp 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 PELA 637 Arden Dr. Encinitas, CA 92024 (760) 944-8463 Michael G. Elliott, ASLA (Signatures of two corporate officers required for Corporations) 8 r:\agrmtslmasters\2005-06 annual masterlPELA contracl2005-06/ajp EXHIBIT A SCOPE OF SERVICES AND FEES ANNUAL FISCAL YEAR 2005-2006 AGREEMENT FOR PROFESSIONAL LANDSCAPE PLAN CHECK & INSPECTION SERVICES 9 r:tagrmtstmasters\2005-06 annual masterlPELA contract2005-06/ajp May 9, 2005 Ms. Anita J. Pyle, Administrative Secretary CITY OF TEMECULA Public Works Department 43200 Business Park Drive Temecula, California 92589-9033 RE: City ofTemecula, Public Works Department Landscape Plan Check & Inspection Services Dear Ms. Pyle, At your request I am providing a proposal for landscape plan check and inspection services for the Public Works Department. The following are our proposed scope of services and fees: SCOPE OF SERVICES: A. Upon notification from the Public Works Department that construction plans are ready for review, PELA will pick up ptans at the City. Two sets of plans will be required. B. PELA will review the plans verifYing consistency with Public Works Department standards and specifications, map conditions of approval and CC&R's. One set of plans will be red-lined with comments notifYing the applicant of necessary revisions to be made to bring the ptans into confonnance with Public Works Department standards. Items not addressed in Public Works standards but that are outside of profession nonns will also be marked for explanations from the appticant. C. PELA will return plans and plan check comments to the Public Works Department within two (2) weeks of receipt of the first submittat; one (I) week for second and third submittals. Plan check comments will also be provided via e-mail for use by the City. D. Once revisions have been resubmitted by the applicant, PELA will re-check the plans for confonnance. Shoutd all revisions have been made and all questions answered, the plans will be ready for approval. If a1t revisions are not made, one set of plans and the check list will be red- lined again and returned to the applicant a second time for revisions. This process will continue until the plans are brought into confonnance with City standards and professional nonns. E. Upon request of the Public Works Department, PELA will review and approve construction cost estimates of proposed improvements in order to detennine bonding requirements if required for the project. F. Upon request of the Public Works Department, PELA will provide landscape construction inspection services in order to insure implementation is in conformance with the approved ptans. A written report will be provided to the project manager after each inspection. 637 Arden Drive. Enclnitas . California. 92024 . (760) 944-8463 ~ Ms. Anita J. Pyle Landscape Plan Check & Inspection Services May 9, 2005 Page 2 FEES: Fees for the above scope of services will be charged hourly at the following rate: $90.00 per hour Let me know if you need our office project experience list or personnel resumes for review. You should have our latest certificates of insurance that cover our office until August of2005. We will be renewing them at that point and will forward updated documents at that time. Should you have any questions or need additional information, please feel free to contact me. Sincerety, P~Ll4. ~it- Michael G. Elliott Landscape Architect, No. 20 II c:\City ofTemecula Plan Checks\Public Works ProposaJ.2005 ITEM 27 APPROVAL Cl.._ CITY ATTORNEY Y' 'VV'I DIRECTOROF FINANCE A,(,<! CITY MANAGER ~' CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: ~William G. Hughes, Director of Public Works/City Engineer DATE: June 14,2005 SUBJECT: First Amendments to Professional Services Agreements for Real Estate Appraisal Services for Various Capital Improvement Projects for FY 2005- 2006 PREPARED BY: Amer Attar, Principal Engineer - Capitai Projects Laura Bragg, Project Engineer - Capital Projects RECOMMENDATION: That the City Council: 1. Approve the First Amendment to the Fiscal Year 2005-2006 Professional Services Agreement with Robert Shea Perdue Real Estate Appraisal in the amount of $60,000.00 to provide as needed real estate appraisal services and authorize the Mayor to execute the amendment. 2. Approve First Amendment to the Fiscal Year 2005-2006 Professional Services Agreement with Mason & Mason Real Estate Appraisers & Consultants in the amount of $60,000.00 to provide as needed real estate appraisal services and authorize the Mayor to execute the amendment. BACKGROUND: On June 22, 2004 the City Council approved the Fiscal Year 2004-2005 Professional Services Agreements with Robert Shae Perdue Real Estate Appraisal in the amount of $60,000.00 and Mason & Mason Real Estate Appraisers & Consultants in the amount of $60,000.00 to provide as needed services and these services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up through out the year. The City reserved the right to extend the agreements for an additional year pursuant to the terms specified in the agreements. A Request for Proposals was sent out on April 19, 2004 and responses were received on May 11, 2004. Of the two firms that responded both firms have been selected for an annual agreement so that the City is assured that at least one firm will be available when needed. Once the agreement is executed, each service request will be negotiated separately and may contain some or all of the following services: . Research and/or review Title Reports · Prepare necessary surveys and identify existing right-of-ways . Prepare description of properties including, but not limited to, present use, zoning, shape contour and elevations, utilities, etc. . Prepare necessary legal descriptions, exhibits and any other miscellaneous services for acquisition purposes R:\Agenda Reports\2005\0125\Maintenance Contracts Amend 1 . Provide assistance to the City, as necessary, to acquire right-of-way, preparation of easement documents, permission to enter/grade letters, etc. . Appraise properties for the purpose of estimating market vaiue and provide appraisal reports The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works/City Engineer. This First Amendment to these contracts is necessary due to a time extension of the contracts for an additional year. It is important to understand that the not to exceed amounts of $60,000.00 does not necessarily mean it will be spent but rather is a ceiling to operate on an as needed basis. The First Amendment in the amount of $60,000.00 requested for Robert Shea Perdue Real Estate Appraisal and the original contract for a total contract amount of $120,000.00. The First Amendment in the amount of $60,000.00 to Mason & Mason Real Estate Appraisers & Consultants and the original contract for a total contract amount of $120,000.00. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under these agreements, unless directed otherwise by the City Manager or City Council. ATTACHMENT: 1. Amendment NO.1 to the Agreement with Robert Shea Perdue Real Estate Appraisal 2. Amendment No. 1 to the Agreement with Mason & Mason Real Estate Appraisers & Consultants 3. Agenda Report June 22, 2004 2 R:\Agenda Reports\2005\0125\Maintenance Contracts Amend 1 FIRST AMENDMENT TO ANNUAL FISCAL YEAR 2004-2005 AGREEMENT PROFESSIONAL REAL ESTATE SERVICES BETWEEN CITY OF TEMECULA AND ROBERT SHEA PERDUE REAL ESTATE APPRAISAL THIS FIRST AMENDMENT is made and entered into as of June 14,2005 by and between the City of Temecuia, a municipal corporation ("City") and Robert Shea Perdue Real Estate Appraisal ("Consultant") for Professional Real Estate Appraisal Services. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 22, 2004 the City and Consultant entered into that certain agreement entitled "City ofT emecula Agreement" in the amount of Sixty Thousand Dollars and No Cents ($60,000.00) for Professional Real Estate Appraisal Services for Fiscal Year 2004-2005" ("Contract"). B. Section 1 TERM. This Agreement shall commence on July 1, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Contract for one (1) year. If Contract is extended beyond the original term, contract price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles- Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30'h ofthatyear, orif not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Contract be extended beyond June 30, 2006. C. The parties now desire to amend the Agreement as set forth in this First Amendment for an amount not to exceed Sixty Thousand Dollars and No Cents ($60,000.00) for additional Fiscal Year 2005-2006 Real Estate Appraisal Services. a. foilows: Section 5 PAYMENT of the Agreement is hereby amended to read as The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as set forth in full. The First Amendment amount shall not exceed Sixty Thousand Dollars and No Cents ($60,000.00) for additional Fiscal Year 2005-2006 Professional Real Estate Appraisal Services for a total contract amount of One Hundred Twenty Thousand Dollars and No Cents ($120,000.00). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 R:\AGREEMENT$IMASTERSIANNUAL MASTER\2005-2006 ANNUAL MA$TERIROBERT SHEA PERDUE 2005-2006 AMEND 1.DOC 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 CONTRACTOR Robert Shea Perdue Real Estate Appraisal 41919 Moreno Rd., Suite A Temecula, CA 92590 (951) 694-6904 Robert S. Perdue, MAl, Owner 2 R:IAGREEMENTSIMASTERSIANNUAL MASTER\200S-2006 ANNUAL MASTERIROBERT SHEA PERDUE 2005-2006 AMEND I.DOC ROBERT SHEA PERDUE REAL EST A TE APPRAISAL 41919 Moreno Road, Snite A, Temecula, CA 92590 Serving The Inland Empire Appraisal Consultants to Government, Financial, Legal and Agricultural Industries May 20, 2005 Mr. Amer Attar, P.E., MBA Senior Engineer-Capital Projects City of Temecula 43200 Business Park Drive Temecula, CA 92590 Subject: ANNUAL AGREEMENT FOR APPRAISAL SERVICES Various CIP Projects Approved for FY 2005-2006 Dear Mr. Attar: This letter will serve as an update to the FY 2004-2005 Annual Agreement For Appraisal Services between ROBERT SHEA PERDUE REAL EST ATE APPRAISAL and the City of Temecula. All conditions, including personnel, and location of said Contract, are the same, and shall remain in full force and effect for the FY 2005-2006. Should you have any questions, or if you require additional information, please contact me directly. Sincerely, ROBERT SHEA PERDUE REAL EST A TE APPRAISAL /?okH p)J'~ Robert S. Perdue, MAl RSP:cc RECEIVED MAY 2 3 2005 CITY OF TEMECULA PUBLIC WORKS OEPARTMENT Telephone: (951) 694-6904 Fax: (951) 694-6964 FIRST AMENDMENT TO ANNUAL FISCAL YEAR 2004-2005 AGREEMENT PROFESSIONAL REAL ESTATE SERVICES BETWEEN CITY OF TEMECULA AND MASON & MASON REAL ESTATE APPRAISERS & CONSULTANTS THIS FIRST AMENDMENT is made and entered into as of June 14, 2005 by and between the City of Temecula, a municipal corporation ("City") and Mason & Mason Real Estate Appraisers & Consultants ("Consultant") for Professional Real Estate Appraisal Services. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 22, 2004 the City and Consultant entered into that certain agreement entitled "City ofTemecula Agreement" in the amount of Sixty Thousand Dollars and No Cents ($60,000.00) for Professional Real Estate Appraisal Services for Fiscal Year 2004-2005" ("Contract"). B. Section 1 TERM. This Agreement shall commence on July 1,2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Contract for one (1) year. If Contract is extended beyond the original term, contract price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles- Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30th ofthat year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Contract be extended beyond June 30, 2006. C. The parties now desire to amend the Agreement as set forth in this First Amendment for an amount not to exceed Sixty Thousand Dollars and No Cents ($60,000.00) for additional Fiscal Year 2005-2006 Real Estate Appraisal Services. a. follows: Section 5 PAYMENT of the Agreementis hereby amended to read as The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as set forth in full. The First Amendment amount shall not exceed Sixty Thousand Dollars and No Cents ($60,000.00) for additional Fiscal Year 2005-2006 Professional Real Estate Appraisal Services for a total contract amount of One Hundred Twenty Thousand Dollars and No Cents ($120,000.00). 3. Except for the changes specificaliy set forth herein, all other terms and conditions of the Agreement shall remain in fuli force and effect. 1 R:IAGREEMENTSIMASTERSIANNUAL MASTER\2005-2006 ANNUAL MASTERIMASON & MASON 2005-2006 AMEND 1.DOC 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 CONTRACTOR Mason & Mason Real Estate Appraisers & Consultants 2909 Honolulu Ave, Suite 100 Montrose, CA 91020-1706 (818) 957-1881 Frances Wolfe Mason, President 2 R:IAGREEMENTSIMASTERSIANNUAL MASTER\2oo5-2006 ANNUAL MASTERWASON & MASON 2005-2006 AMEND 1.DOC MASON & MASON Real Estate Appraisers & Consultants 2609 Honolulu Avenue, Suite 100 Montrose, California 91020-1706 Telephone (818) 957-1861 Fax (Bi8) 957-1891 a-mall: fmason@mason2.com Francea Wolfs'M,aloni.MAI D.~,ld ~. Miltq~,M,~1 Lila M. SanaOn:.'MAI Vlneitnt'G. Maher. MAl Harty A. McWattera; MAl Kale C.McW.t(.r".MAISRA K!,!, Pa8qu8r1~I!ol s.~IY!~'. Bradford D. Thompaon.:MAI Victoria L. Valentine, RM, MRED RobartW. Waters, MAl SRmA May 23, 2005 Via email onlv laura.bragg(Q)citvoftemecula.org Laura E. Bragg, Project Engineer - Capital Projects Public Works Department City of Temecula 43200 Business Park Drive Temecula, CA 92590 RE: Annual Agreement for Appraisal Services Mason & Mason Real Estate Appraisers & Consultants Dear Ms. Bragg: In response to your telephone call please accept this letter which serves to update our 2004 agreement for the year 2005, subject to the attached 2005 Fee Schedule. Thank you for extending our contract, it is always a pleasure to work with the City of Temecula. Very truty yours, MASON & MASON ~~ Frances Wolfe Mason, MAl FWM:mm Enclosure . MASON & MASON Real Estate Appraisers & Consultants 2609 Honolulu Avenue, Suite 100 Montrose, California 91020-1706 Telephone (8la) 957-1881 Fax (818) 957.1891 e.mail: fmason@mason2.com Francea WOlfe Mason, MAl David S. Mason. MAl Lisa M. Benson, MAl Vincent G. Maher, MAl Harry A. McWatters, MAl Kate C. McWatters, MAl SRA Kim Pasquariello, SRIWA Bradford D. Thompson, MAl Victoria L. Valentine. RM, MRED RobertW. Waters, MAl SRIWA 2005 STANDARD FEE SCHEDULE Compensation for work performed on a time-and-materials basis will be computed as follows through December 31,2005: APPRAISAL SERVICES . Principal Appraiser . Associate Appraiser . Research $200.00 to $350.00/hour $175.00 to $250.00/hour $ 75.00 to $100.00/hour EXPERT WITNESS SERVICES Consultation, Deposition, and Court Appearance . Frances Wolfe Mason, MAl . Vincent G. Maher, MAl . Lisa M. Benson, MAl . Bradford D. Thompson, MAl . Kate C. McWatters, MAl SRA . Harry A. McWatters, MAl . Kim Pasquariello, SR/WA . Robert W. Waters, MAl, SRIWA . Victoria L. Valentine, RM, MRED $350.00/hour $225.00 hour $175.00/hour $250.00/hour $225.00/hour $200.00/hour $200.00/hour $200.00/hour $175.00/hour Research Court Exhibit Preparation Minimum Charge for Deposition and Court Appearances $75.00 to $1 OO.OO/hour $35.00 to $ 75.00/hour 4 hours MISCELLANEOUS EXPENSES The following are billed at cost plus 10%: . Subcontractor Services . Blue Printing Services and Printing . Court Exhibits . Long Distance Telephone Calls, Fax, etc. . Commercial Delivery Services . Computer Services . Website Storage Fees - per contract . Air Transportation and Travel Expenses . Automobile Travel @ $0.36 per mile . Dell Computer w/Sanction Software $300 per day . Proxima Projector $250 per day RevIsed 10f04 ITEM 28 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council ~illiam G. Hughes, Director of Public Works/City Engineer DATE: June 14, 2005 SUBJECT: Second Amendment to Contract Agreement for On-Call Traffic Signal Maintenance Services for Fiscal Year 2005-2006 PREPARED BY: @;>Ali Moghadam, Principal Engineer - Traffic RECOMMENDATION: That the City Council approve the Second Amendment to the Contract Agreement with Republic Electric to perform additional On-Call Traffic Signal Maintenance Services for Fiscal Year 2005-2006, for an amount not to exceed One Hundred Thousand Dollars ($100,000.00), and authorize the Mayor to execute the agreement. BACKGROUND: On June 22, 2004 the City Council approved the contract agreement with Republic Electric in the amount of $50,000.00 to provide emergency and non-emergency after hour and weekend on-call traffic signal maintenance services for traffic signals, safety lighting, flashing beacons and other electronically operated traffic control devices. The maintenance schedule is a yearly contract, which began on July 1, 2004. This contract does contain a provision that allows the contract to be extended on a yearly basis by mutual agreement of both parties for up to three (3) years. The First Amendment for an amount not to exceed $50,000.00 for additional On-Call Traffic Signal Maintenance Services due to acquisition of an additional 16 traffic signals on Routes 79 North (Winchester Road) and 79 South, and several traffic improvements and upgrade projects throughout the City was approved by the City Council on March 8, 2005. This Second Amendment for Fiscal Year 2005-2006 will extend the Contract term through June 30, 2006 for an amount not to exceed $100,000.00. Republic Electric initially was selected based on the firm's qualifications, ability to provide services, responsiveness to the request for proposal, relevant experience in performing similar work and ability to respond to a "call-out" within one (1) hour. Republic Electric has responded to all call-outs in a timely manner and has completed several projects such as installation of battery back up cabinets, pole relocations, removal and replacement of conduits, wiring, detector loops and cameras in addition to the emergency call outs. The requested amendment will provide for maintenance of traffic signals and other minor traffic improvement projects during Fiscal Year 2005-2006. The additional traffic improvement projects will consist of replacement of old batteries for the traffic signals with battery back-up system, replacement of old vehicle detection loops at several intersections, installation of count down pedestrian signal heads and push buttons at traffic signals near schools, installation of interconnect cables on a portion of SR 79 South and installation of equipment on Winchester Road and SR 79 South traffic signals to comply with City standards and protocols. R:\AGENDA REPORTS\2005\061405\On Call Traffic Signal Maintenance AMEND NO 2.DOC The total contract amount for this agreement is as follows: Second Amendment is for $1 00,000.00, the First Amendment was for $50,000.00, plus the original contract amount of $50,000.00 for a total contract amount of $200,000.00. FISCAL IMPACT: Adequate funds have been budgeted in the Public Works, Traffic Division, Traffic Signal Maintenance Account for Fiscal Year 2005-2006 for the Second Amendment in the amount of $100,000.00. ATTACHMENTS: Second Amendment for On-Call Traffic Signal Maintenance Services 2 A:\AGENDA REPQRTS\2005\061405\On Call Traffic Signa! Maintenance AMEND NO 2.DOC SECOND AMENDMENT TO'AGREEMENT BETWEEN CITY OF TEMECULA AND REPUBLIC ELECTRIC ON-CALL TRAFFIC SIGNAL MAINTENANCE SERVICES FY2005-2006 , THIS SECOND AMENDMENT is made and entered into as of June 14, 2005, by and between the City of Temecula, a municipal corporation ("City") and Republic Electric ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 22, 2004 the City and Contractor entered into that certain agreement entitled "City of Temecula Agreement for On-Call Traffic Signal Maintenance Services" ("Agreement") in the amount of Fifty Thousand Dollars and No Cents ($50,000.00). B. The contract was amended on March 8, 2005 for additional On-Call Traffic Signal Maintenance services in the amount of Fifty Thousand Dollars and No Cents ($50,000.00). C. The parties now desire to increase the payment amount for services in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00) amend the Contract as set forth in this Amendment 2. TERM. This Agreement shall commence on July 1, 2005 and ending June 30, 2006, unless sooner terminated or extended pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Contract for an additional three (3) years. If contract is extended beyond the original term, contract price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles- Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). The term "previous twelve months" shall be the 12 months period ending June 30th of that year, or if not available, the prior month, to renegotiate the scope of work specified herein. In no event shall this Contract be extended beyond the 30th day of June, 2008. 3. Payment of the Agreement is hereby amended to read as follows: a. The City agrees to pay Contractor monthly, in accordance with the Cost Proposal set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent providing on-call traffic signal maintenance services and described in this Second Amendment for Fiscal Year 2005-2006 in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00) and the First Amendment amount in the sum of: Fifty Thousand Dollars and No Cents ($50,000.00) for additional on-call traffic signal maintenance services for a.total contract amount, of Two Hundred Thousand Dollars and No Cents ($200,000.00). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTORlVENDOR: Republic Electric 715 Debra Lane Anaheim, California 92805-6334 (714) 535-0550 James Wagner, Vice President - Engineering Jeff Ash, Treasurer (Two Signatures Required For Corporations) ATTACHMENT A SCOPE OF SERVICES AND COST PROPOSAL SCOPE OF SERVICES ON-CALL TRAFFIC SIGNAL MAINTENANCE 1. Republic Electric will provide emergency and non-emergency after hour and weekend call-out service for traffic signals, highway safety lighting, flashing beacons and other electrically operated traffic control or warning devices. Response to emergency after hour and weekend call-out services will be within one (1) hour of receipt of call. 2. Republic Electric will provide a certified traffic signal technician with a minimum of three (3) years experience in traffic signal maintenance and repair. The technician shall be familiar with programming and trouble shooting type 170 controllers equipped with Bitrans 200 program. 3. Republic Electric will provide all required tools, equipment, apparatus and materials to perform all work necessary to repair the traffic signals and flashing beacons identified in Exhibits "B" and "CO of the Request for Proposal (RFP) 127, On-Call Traffic Signal Maintenance Services for the City of Temecula dated May 5, 2004. COST PROPOSAL Labor Hourlv Rate Schedule Hourlv Rate Signal Maintenance Superintendent (Foreman). Signal Maintenance Technician (Journeyman Electrician). Traffic Signalman (Journeyman Electrician). Engineering Technician (Journeyman Electrician). $ 85.00 $ 70.00 $ 70.00 $ 70.00 .Republic Electric complies with all City/Local, State and Federal laws regarding prevailing wage and overtime rates. EauiDment Rate Schedule Loop Resealing Per Linear Foot Loop Replacement $ 10.00 $ 75.00 $ 25.00 $ 10.00 $ 10.00 $ 2.75 $ 295.00 Service Truck Crane Truck Hydraulic Man-Lift Truck (Bucket Truck) Compressor/Jackhammer Concrete Saw/Water Truck Material Mark-UD 15% Method of Invoicina Republic Electric will submit a monthly bill to the City of Temecula for all service calls performed for the previous month. ITEM 29 APPROVAL (Z". r' CITY ATTORNEY I"V 'V DIRECTOR OF FINANC~ Pi'" CITY MANAGER fiJ4-' f/" CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council /},,.J..-/iWilliam G. Hughes, Director of Public Works/City Engineer DATE: June 14, 2005 SUBJECT: Memorandum of Understanding (MOU) between the Riverside County Transportation Commission (RCTC), the County of Riverside and the City of Temecula to fund the Western County Freeway Strategic Study PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: 1. Approve the MOU, in substantially the same format as attached, between RCTC, the County of Riverside and the City of Temecula to fund the Western County Freeway Strategic Study. 2. Approve an appropriation in the amount of $64,409.00 from General Fund Reserves for the Western County Freeway Strategic Study. 3. Authorize the City Manager to execute the final MOU. BACKGROUND: On May 11, 2005 the RCTC directed RCTC staff to develop a Memorandum of Understanding between the Commission, the City ofTemecula and the County to provide for the City of Temecula and the County to fund the Western County Freeway Strategic Study. The proposal to conduct a Western Freeway Strategic Study resulted from a settlement agreement between the City and the County concerning a lawsuit by the City that contended that the County General Plan was inadequate. On June 2, 2005 the RCTC approved the Western County Freeway Strategic Study Scope of Services and Cost Proposal with Parsons, Brinckerhoff, Quade and Douglas (PBQ&D) to perform the study, as well as the RCTC staff cost to manage the study effort. The cost of the proposed study, including a contingency amount, is $115,000.00. The support costfor RCTC staff to manage the study is $13,818.00. The total amount of the contract, contingency and RCTC support cost is $128,818.00. Pursuant to the aforementioned MOU, the City and the County will share the costs equally. Upon approval of the MOU by the City and the County, it is estimated that the study would take approximately 4 months to complete. A copy of the MOU and Scope of Services with PBQ&D is attached for your review. The proposed Western County Freeway Strategic Study will specifically assess the current congestion impacts on those segments of Routes 60 and 91 and Interstates 10, 15 and 215 in Western Riverside County. Using the Southern California Association of Governments (SCAG) approved regional transportation model, the study will establish a baseline (existing congestion impacts), the volume of regional through trips on the Western Riverside County freeway system, 1 R:\AGENDA REPORTS\2005\061405\Freeway Study MOU.DOC and identify the related impacts that can be attributed to new development. The study will also examine truck volumes in the existing condition and future scenarios. If quantifiable impacts from new development on the freeway system can be established, the results will assist in providing a percentage share of freeway improvement costs for each segment of freeway within the study area. Although aggressive plans are in place for the regional arterial system (Development Impact Fees, Measure A funding and the TUMF program), traffic studies indicate that these improvements will not be enough to provide a transportation network with reasonable, or even tolerable peak-hour drive times. In order to meet the future transportation needs of people and goods within this region, it is imperative that we also identify and mitigate the traffic impacts of planned and new development utilizing the local freeway system. As a result, staff recommends that the City Council approve the attached MOU with RCTC and the County to provide the freeway studies and funding strategies for our freeways in Western Riverside County. FISCAL IMPACT: The appropriation of funds, in the amount of $64,409.00 from General Fund Reserves, is necessary to fund the Western Riverside County Freeway Strategic Study. ATTACHMENTS: 1. MOU between the Riverside County Transportation Commission (RCTC), the County of Riverside and the City of Temecula 2. Freeway Strategic Study Scope of Services and Cost Proposal with PBQ&D. 2 R:\AGENDA REPORTS\2005\061405\Freeway Study MOU.DOC Agreement No. 05-31-562 MEMORANDUM OF UNDERSTANDING FOR THE FUNDING AND PREPARATION OF A FREEWAY STRATEGIC STUDY FOR THE WESTERN RIVERSIDE COUNTY AREA 1. Parties and Date. 1.1 This Memorandum of Understanding ("Agreement") is executed and entered into this _ day of , 2005, by and among the Riverside County Transportation Commission ("Commission"), the City of Temecula ("City") and the County of Riverside ("County"). Commission, City and County are sometimes referred to in this Agreement, individually as "Party" and collectively as the "Parties". 2. Recitals. 2.1 On April 12, 2005 City and County entered into that Cooperative Agreement Between the City of Temecula and the County of Riverside to Mitigate Traffic Impacts in Western Riverside County (the "Cooperative Agreement") in settlement of City's challenge to County's adoption, on October 7,2003, of the new County General Plan. 2.2 Pursuant to the terms of the Cooperative Agreement, City and County jointly agreed to fund the Freeway Strategic Study for the Western Riverside County area (the "Study"). 2.3 The Study includes an analysis of current freeway capacity, establishment of specific goals for developing increased freeway capacity in order to accommodate anticipated traffic from new housing development expected under the anticipated build-out of City and County general plans, and an assessment of current funding options, all for the Western Riverside County area. 2.4 City and County desire to engage Commission to render such services for the Study, as set forth in this Agreement 2.5 Commission desires to perform and assume responsibility for the provision of the services for the Study, as set forth in this Agreement. 3. Terms. 3.1 Effective Date. This Agreement shall take effect on the date on which this Agreement is approved and executed by all of the Parties ("Effective Date"). RVPUBIHA VIV A.SHANE\69408 1.2 Exhibit "A" 3.2 Term. The term of this Agreement shall be from the Effective Date until the date the Study is completed, or until whichever occurs first. 3.3 Descriotion ofStudv. The Study shall include (i) an analysis of current freeway capacity; (ii) the establishment of specific goals for developing increased freeway capacity in order to accommodate anticipated traffic from new housing development; and (iii) the establishment ofa framework for cooperation amongst City, County and other federal, state and local agencies in funding the development of additional freeway capacity, all for the Western Riverside County area. 3.4 Commission's Responsibilities. 3.4.1 Services. Commission shall furnish, or shall cause to be furnished, the technical and professional services, including labor, material, equipment, transportation, supervision and expertise, and incidental and customary work necessary to fully and adequately supply the services necessary to complete the Study ("Services"). The Study and the Services are more fully described in Exhibit "A" attached hereto and incorporated herein by reference. 3.4.1.1 City and County may request, in writing, the provision of services in additional to those Services described in Exhibit "A". Changes or additions to the Services are subject to the approval of Commission's Representative, which approval shall not be unreasonably withheld. Any change or addition to the Services may require a revision to the Total Compensation, as set forth in Section 3.5.1. 3.4.2 Invoicing. Commission shall submit a monthly invoice statement to City and County, each for one-half of the total amount due, which indicates the work completed by Commission and its consultants in support of the Study. 3.4.3 Monthlv Meetings. Following commencement of the Services, as described in Section 3.6, a member of Commission's staff shall meet monthly with City and County to discuss the progress of the Services, and other matters related to the Study. 3.5 City's and County's Responsibilities. 3.5.1 Funding of the Study. City and County hereby agree to reimburse Commission for its staff and consultant costs incurred to complete the Study 3.5.2 Pavment of Comoensation. City and County shall pay all invoices submitted by Commission to City and County, as described in Section 3.4.2, within thirty (30) days ofthe date the invoice is deemed given under Section 3.16 of this Agreement. City and County shall each be jointly and severally liable for the total amount due to Commission. 3.5.3 Execution of Joint Request. City and County shall execute the Joint Request for Commission to commence the Services for the Study. RVPUBIHA VlV A.SHANE\69408 1.2 Exhibit "A" 3.6 Commencement of Services. Commission shall commence the Services for the Study following receipt, by Commission, of the Joint Request. 3.7 Schedule of Services. Commission shall take all reasonable steps to complete the Study within four (4) months following receipt of the Joint Request, unless otherwise agreed upon, in writing, by the Parties. 3.8 Party Representatives. 3.8.1 Commission's Reoresentative. Commission's Executive Director, or his or her designee, shall serve as Commission's Representative and shall have the authority to act on behalf of Commission for all purposes under this Agreement. 3.8.2 Citv's Reoresentative. City hereby designates the City Manager, or his designee as City's Representative to Commission. City's Representative shall have the authority to act on behalf of City for all purposes under this Agreement. City's Representative shall work closely and cooperate fully with Commission's Representative. 3.8.3 County's Reoresentative. County hereby designates the , or his designee as County's Representative to Commission. County's Representative shall have the authority to act on behalf of County for all purposes under this Agreement. County's Representative shall work closely and cooperate fully with Commission's Representative. 3.9 Termination. 3.9.1 Termination bv Commission: Notice. Commission may, by written notice to City and County, terminate this Agreement for cause in whole or in part at any time, by giving written notice to City and County of such termination and specifying the effective date thereof. 3.9.2 Termination bv City or County: Notice. City or County may, by written notice to Commission signed by both City and County, terminate this Agreement for cause in whole or in party at any time, by giving written notice to Commission of such termination and specifying the effective date thereof. Upon receipt of a written notice of termination signed by both City and County, Commission shall cease expenditure of funds on the Study. 3.9.3 Commission's Obligations Uoon Termination. Upon termination of this Agreement, Commission shall provide to City and County copies of all materials, documents, research, and data produced by Commission, or under Commission's direction, for the Study. 3.9.4 Citv and County Obligations Uoon Termination. City and County shall reimburse Commission for all Services completed, and for all costs incurred by Commission, up to the effective date of the termination, as set forth in the final invoice submitted to City and County by Commission. RVPUBIHA VIV A.SHANE\694081.2 Exhibit "A" 3.10 Cooies of Materials. Each Party shall have the right to inspect and to obtain for its record copies of all records and materials which may be prepared by the other Party under this Agreement. 3.11 Indemnification. 3.11.1 City's Indemnification Resoonsibilities. City agrees to indemnify and hold harmless County and Commission, their officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement, due to negligent acts, errors or omissions or willful misconduct of City, or any of its officers, agents, consultants, and employees. City will reimburse County and/or Commission for any expenditures, including reasonable attorneys' fees, incurred by County and/or Commission, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of City or any of its officers, agents, consultants, and employees. 3.1 1.2 County's Indemnification Resoonsibilities. County agrees to indemnify and hold harmless City and Commission, their officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement, due to negligent acts, errors or omissions or willful misconduct of County, or any of its officers, agents, consultants, and employees. County will reimburse City and/or Commission for any expenditures, including reasonable attorneys' fees, incurred by City and/or Commission, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of County or any of its officers, agents, consultants, and employees. 3.11.3 Commission's Indemnification Resoonsibilities. Commission agrees to indemnify and hold harmless City, County and their officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement, due to negligent acts, errors or omissions or willful misconduct of Commission, or its officers, agents, consultants and employees. Commission will reimburse City and/or County for any expenditures, including reasonable attorney's fees, incurred by City and/or County, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of Commission, its officers, agents, consultants and employees.. 3.12 Progress Reoorts. City and/or County may request Commission to inform City and County of delays in the Study and provide City and County with progress reports. 3.13 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in County of Riverside. 3.14 Attornevs' Fees. If any Party commences an action against any other Party arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys' fees and costs of suit. RVPUBIHA VIV A.SHANE\69408 1.2 Exhibit "A" 3.15 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 3.16 Notification. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, California 92589-9033 ATTN: City Manager County of Riverside County Administrative Center 4080 Lemon Street Riverside, California 92501 A TTN: Transportation Land Management Agency Director Riverside County Transportation Commission 4080 Lemon Street, 3'd Floor Riverside, California 9250 I ATTN: Executive Director Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 3.17 Contract Amendment. In the event that the Parties determine that the provisions of this Agreement should be altered, the Parties may execute a contract amendment to add any provision to this Agreement, or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees. 3.18 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings. 3.19 Validitv of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 3.20 Indeoendent Contractors. Any person or entities retained by Commission or any consultant shall be retained on an independent contractor basis and shall not be employees of City or County. Any personnel performing the Services, or any work on the Study shall at all times be under the exclusive direction and control of Commission or a consultant retained by RVPUBIHA VIV A.SHANE\69408 1.2 Exhibit "A" Commission, whichever is applicable. Commission or consultant shall pay all wages, salaries and other amounts due such personnel in connection with their performance of the Services or any work on the Study and as required by law. Commission or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation Insurance. [signatures on the following page] RVPUBIHA VIV A.SHANE\694081.2 Exhibit "A" SIGNATURE PAGE TO MEMORANDUM OF UNDERSTANDING CITY OF TEMECULA COUNTY OF RIVERSIDE By: Marion Ashley Chairman, Board of Supervisors APPROVED AS TO FORM: APPROVED AS TO FORM: By: City Attorney By: County Counsel RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Robin C. Lowe, Chairman APPROVED AS TO FORM: By: General Counsel RVPUBIHA VIV A.SHANE\69408 1.2 Exhibit "A" , . EXHIBIT "An DESCRIPTION OF SERVICES AND COSTS PBQ&D WESTERN COUNTY FREEWAY STRATEGIC STUDY SCOPE & COST (SEE ATTACHMENT TO ITEM #10 - JUNE 2, 2005 COMMISSION AGENDA) RCTC STAFF COST TO MANAGE THE STUDY $13, 818.00 RVPUBIHA VIV A.SHANE\69408 1.2 Exhibit "An Freeway Strategic Study Phase I Work Plan This work plan details the technical services to be provided by the PB team to support RCTC during the development of a Freeway Strategic Plan. The primary purpose of the study is to analyze the region's future freeway needs. identity all funding sources available to address the freeway needs and develop a strategy to mitigate the cumulative regional impact of new development on the freeway system in Western Riverside County. Phose I of this study involves an assessment of the feasibility to possibly establish a 'fair share' mitigation fee program to support the implementation of freeway improvements necessary to mitigate the traffic impacts of new development. Key tasks associated with Phase I of the Freeway Strategic Pion include: 1. An examination of current freeway capacities and deficiencies 2. Forecasts of projected freeway traffic growth for the year 2030 3. Identify future freeway deficiencies and order of magnitude improvement costs 4. Review available funding sources to determine the approximate freeway improvement funding shortfall 5. Determination of the percentage of treeway traffic growth attributable to new deveiopment The results of phase I of this study will determine the feasibility of establishing a traffic impact mitigation fee to address the freeway impacts of new development. Subsequent phases of this study will quantify in detail the freeway improvement needs and associated costs to mitigate the impacts of new development. more accurately identify current funding sources and funding shortfall. prioritize the implementation of freeway improvements and. if appropriate, establish the nexus for a new freeway traffic impact mitigation fee consistent with the requirements of the State of Califomia Mitigation Fee Act. The following work plan outlines the general elements required to complete phase I of the Freeway Strategic Plan. Following the completion of phase I. specific elements of the subsequent phases will be developed to ensure the most appropriate actions are taken to establish the Freeway Strategic Plan. Task 1: Project Coordination. Meeting and Presentations Objec(ive: Coordinate the exchange of technical information and facilitate decision- making on the specific elements of the Freeway Strategic Plan between the participating jurisdictions and within the RCTC Committee structure. Products: 1. Regular Progress Meetings with RCTC Technical Staff and the Study Advisory Committee 2. Final phase I results presentations to the appropriate RCTC Committee and Commission Activities: 1. Participate in regular Technical Staff and Advisory Group meetings to report study progress and to support the technical aspects of the study 2. Develop PowerPoint presentations to facilitate the presentation of technical information and study findings and recommendations to the various relevant RCTC committees PARSONS REVISED: MA Y 20, 2005 BRINCKERHOFF Discussion: The development of a Freeway Strategic Plan for Western Riverside County involves participation by up to fifteen separate jurisdictions in addition to oversight and facilitation by RCTC and coordination with WRCOG and representatives of the development industry. Critical to the success of the Freeway Strategic Plan will be participation by each of these participants in the technical and decision-making aspects of the study. A Freeway Strategic Plan Advisory Group will provide the forum for exchanging technical information related to the study and for establishing recommendations for specific actions to validate any proposed freeway traffic impact mitigation fee. PB has been instrumental in the development and ongoing implementation of the WRCOG TUMF program. PB has successfully worked with WRCOG, RCTC. fifteen participating jurisdictions and the private sector to establish and support one of the most comprehensive and complex transportation mitigation fee programs. Our role in the WRCOG TUMF program and other similar projects for CV AG and the City of Riverside highlight the importance of facilitating participation by all affected jurisdictions. The Freeway Strategic Plan Advisory Group and the existing RCTC Committee structure will provide the necessary framework to engage the various participating jurisdictions in the exchange of technical information. This exchange of technical information will ultimately lead to milestone decisions regarding the Freeway Strategic Plan and the feasibility of establishing a new fee program for the purpose of mitigating the cumulative regional traffic impacts of new development on the freeway system in Western Riverside County. Throughout the Freeway Strategic Plan process. PB will provide support to RCTC and the various agencies participating in the study. This support will come in the form of participation at regular Advisory Group meetings in addition to providing presentations to various standing RCTC Committees on the fundamental elements of the study. In addition. PB will maintain regular contact with RCTC staff to update the status of the study effort. to facilitate the exchange of technical information. and to identify key milestone decision points to be considered by the appropriate committees. Task 2: Freeway Capacities and Deficfencles ObJective: Products: Activities: PARSONS BRINCKERHOFF Examine current freeway capacities and identify freeway system deficiencies 1. Inventory of current freeway system characteristics. existing freeway capacities and existing freeway traffic count data 2. Validation of the SCAG 2004 RTP Model as the basis for evaluating freeway system deficiencies 3. Table of existing freeway volume to capacity ratios and leveis of service 1 . Develop an inventory of current freeway system physical characteristics in Western Riverside County and determine freeway link capacities 2. Assemble and tabulate existing freeway traffic count data from 2 REVISED: MA Y 20, 2005 Discussion: available sources 3. In cooperation with SCAG, obtain, review and validate the 2004 RTP model to be used as the basis for evaluating freeway system deficiencies 4. Using the existing conditions data described previously, quantify freeway system deficiencies The purpose of this task is to build an inventory of existing conditions data leading to the identification of existing freeway system deticiencies. The development of a detailed inventory of existing freeway characteristics and traffic conditions data will be essential to properly understanding the nature of traffic operation on the existing freeway system and will support the validation of the SCAG 2004 RTP model as the basis for reviewing the impacts ot future traffic growth on the freeway system. Initially, PB will develop a detailed inventory of current freeway system physical characteristics for each freeway segment. The physical characteristics of each operational segment of Interstates 10, 15 and 215 and State Routes 60. 71 (eastbound Rte 91 to northbound Rte 71) and 91 in Western Riverside County will be tabulated and capacities tor each segment calculated consistent with the Highway Capacity Manual 2000 Edition. Utilizing existing data sources primarily available from Caltrans and RCTC, existing freeway traffic count data will be assembled ad tabulated. This data will be utilized as a basis for determining the existing volume to capacity (V/C) ratios and corresponding levels of service (LOS) for the freeway segments within Western Riverside County, and will be used to help validate the SCAG 2004 RTP model in preparation for evaluating existing and future freeway deficiencies In cooperation with SCAG and RCTC, PB staff will obtain demographic data files, trip tables and highway networks from the 2004 RTP model (in the absence of an updated RIVSAN/CTP model). PB will complete a detailed review of the SCAG 2004 RTP in the context of the RCTC Freeway Strategic Plan to validate the model as the basis for evaluating existing and future freeway system deficiencies. Utilizing the existing freeway characteristics and traffic count data, and the SCAG 2004 RTP model. PB will quantify existing freeway deficiencies based on calculated and modeled V IC and LOS. Having identified the existing freeway deficiencies it will be possible to determine the subsequent impact of new development and the relative share of any improvement needs that could be attributed to new development. Task 3: Forecast Future Freeway Traffic Growth Objective: Products: PARSONS BRINCKERHOFF Develop forecasts of projected freeway traffic growth for the years 2020 and 2030 1. Summarized demographic information for Western Riverside County for 3 REVISED: MA Y 20, 2005 Activities: Discussion: the years 2020 and 2030 2. Future year treeway traffic forecasts for the year 2030 1. Tabulate and summarize demographic information for Western Riverside County for the years 2000, 2020 and 2030 2. Obtain fufure no-build model runs for the year 2030 and tabulate freeway traffic torecast results 3. Determine tuture freeway capacity deficiencies and improvement needs 4. Estimate the order of magnitude cost to implement identified freeway improvement needs The results of this task will provide the basis for comparing existing traffic condifions to tuture traffic conditions for determining the relative share of freeway improvement needs that could be attributed to new development. The SCAG 2004 RTP model will be utilized as the basis for accomplishing this task. Demographic forecasfs for Western Riverside County as developed by SCAG to support the 2004 RTP development will be aggregated and summarized to document the anticipated growth within the study area. SCAG 2030 plan demographic assumptions will be compared to the 2000 baseiine and census data to determine the anticipated rate of growth in Western Riverside County. The SCAG 2004 RTP model will again be utilized to develop future year tore casts for 2030. PB staft will cooperate with SCAG and RCTC staff to obtain future year assigned highway networks from the 2004 RTP model. Results of the future year modeling will be tabulated and summarized to document the change in freeway traffic conditions from 2000 to 2030. This information will quantify the cumulative regional traffic impacts to the freeway system as a result of new development in Western Riverside County. Utilizing the 2030 freeway traffic forecasts, PB will review existing and proposed freeway capacities to determine tuture deficiencies. Following the review of future freeway capacities and deficiencies, general improvement needs will be described in terms of additional lanes required to meet future demand. Typical right-of-way acquisition and construction cost multipliers will then be applied to generate an order of magnitude improvement cost for freewoys in Western Riverside County. Task 4: Determine Growth Share Attributable to New Development Objective: Products: PARSONS BRINCKERHOFF Determine the percentage of freeway traffic growth attributable to new development 1. Technical Memorandum summarizing the results ot Phase I and documenting the 'fair share' of freeway traffic growth attributable to new development 4 REVISED: MA Y 20, 2005 Activities: Discussion: PARSONS BRINCKERHOFF 1. Complete a cursory review ot available traditional funding sources to approximate any funding shortfall _~ 2. Determine the 'fair share' of freeway traffic growth attributable to new -<r development 3. Complete a peer review of the evaluation methodology and findings 4. Document the findings of Phase I of the Freeway Strategic Plan including the share of new traffic growth and freeway needs attributable to new development in a Technical Memorandum This tasle completes the activities associated with phase I of the Freeway Strategic Plan. The results of the previous tasles will be utilized during this tosle to determine the 'fair share' of freeway traffic growth that can be attributed to new development. During this tasle, PB will draw on its experience with the WRCOG TUMF to utilize a similar methodology to determine the share of freeway tratlic growth and improvement needs that can be attributed to new growth having accounted for those improvements necessary to resoive existing needs. The results of this tasle will provide the percentage share of freeway improvements costs that could be assigned to new deveiopment for each segment of treeway within the study area. As part of this tasle, PB will complete a cursory review of traditional funding sources and anticipated revenues to determine the order of magnitude of any funding shortfall to complete necessary freeway capacity improvements. Any identified funding shortfall will be compared to the impact of new development to further consider the feasibility of ossigning a portion of the freeway improvement cost to new development. Having quantified the share of freeway traffic growth attributable to new development, PB staff will draw on the experience of peer technical staff to complete a review of the evaluation methodology and findings. PB utilized a similar approach on the original WRCOG TUMF to complete a quality review of the nexus study helping to independently validate the findings of the study. Having completed the peer review, PB will consolidate the outcomes of the previous tasks in a Technical Memorandum. To expedite the RCTC staff and Advisory Committee review, PB will provide a draft report in Adobe Acrobat PDF format to be distributed electronically to the various participants in the Freeway Strategic Plan development process. Based on the comments received during the review, PB will revise the draft Technical Memorandum and will produce five bound copies of the Final Technical Memorandum. PB will also provide electronic versions of the final report to RCTC in Microsoft Word and Adobe Acrobat PDF formats. As described in tasle I, PB will prepare a PowerPoint presentation summarizing the results of Phase I of the Freeway Strategic Plan. In cooperation with RCTC staff. PB will present the results of the Freeway Strategic Plan to the various standing RCTC Committees leading to presentation of the results to the Commission for consideration to adopt and implement the study findings. 5 REVISED: MA Y 20, 2005 Task Level Budget - RCTC Freeway Stratgelc Plan, Phose I Parsons Brlnckerhoff Quade & Douglas, Inc. (PB) Revised: May 20, 2005 Direct Labor Rate $57.70 $35.50 $24.75 $22.00 $29.25 c I ~ 0 -Ii ~ 0. ~ ~ 'E Staff Name " c 0 ., E , c 0 1i c " ~ ~ .!l 0 1;; :c ~ .. ~ v 0 0 c "li C) 'E ] :c U ~ = . .. 0 ~ ~ ~ 0 .. !j! ~ "[ 0 .. ~ Task 0 - Project AdmlnlstraUon 12 16 0 0 40 68 $2.430 Task 1 . Project Coordination. MeeDngs and PresenlaHons 48 48 24 16 0 136 $5.419 Task 2 . Freeway Capacllles and Deficiencies 20 84 92 0 0 200 $6.414 Task 3 . Future Traffic Forecasts 36 84 56 0 0 178 $6.446 Task 4 . Growth Share 60 72 48 8 0 196 $7.382 Total Hours 176 304 220 24 40 778 Total Labor $28.090 Fringe + Overhead (164%) $46.068 Labor + Fringe + Overhead $74,158 Fixed Fee (12%) $8,899 Direct Costs Peer Review $6.000 Other Direct Costs . $10,449 TOTAL CONTRACT COST $99,506 PARSONS BRINCKERHOFF 6 REVISED: MAY 20,2005 ITEM 30 APPROVAL CITY ATTORNEY FINANCE DIRECTOR ~ CITY MANAGER ?; CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Herman D. Parker, Director of Community Services DATE: June 14, 2005 SUBJECT: Second Amendment to Prudential Overall Supply Agreement PREPARED BY: ~erzy Kanigowski, Facility Maintenance Coordinator RECOMMENDATION: That the City Council 1. Approve the Second Amendment with Prudential Overall Supply Company for an amount of $22,756.82, extend the Agreement through June 30, 2006 and allow for additional services. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for Uniform, Floor Mat, Dust Mop and Towel Cleaning/Rental Services on May 17,2002. The TCSD received several proposals, which were evaluated to determine qualifications and to assess the competitiveness of the pricing. Prudential Overall Supply was determined to be the lowest qualified bidder for the required services. A two year Contract with the option of 2 one- year extensions was awarded to Prudential Overall Supply effective July 1, 2002 thru June 30, 2004. Based on Staff recommendations the City Council approved the First Amendment on May 25,2004, which authorized City Staff to extend the contract to June 30, 2005 .The Second Amendment is now requested to authorize a one (1) year extension, as permitted per the Agreement. The current contract is for $38,659.58. The cost to provide services for fiscal year 2005-2006 is $17,756.82. Plus an estimated $5,000.00 is being requested for additional uniform services. This additional year of service will increase the total contract amount to $61,416.40. 1/1 /// R:lKANIGOWJlAgenda ReponlPrudentiaI Agend Repon 02 15 2005.doc FISCAL IMPACT: Sufficient funds have been included in the Annual Operating Budgetforfiscal year 2005-06 in accounts: 190-180, 190-181, 190-182, 190-184, 190-185, 190-188, 190-189,340- 701,340-702,001-164. ATTACHMENTS: 1) Amendment NO.2 R:lKANIGOWJlAgenda ReportlPrudential Agend Report 02 15 2005.doc SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND PRUDENTIAL OVERALL SUPPLY THIS SECOND AMENDMENT is made and entered into as of June 14, 2005 by and between the City of Temecula, a municipal corporation ("City") and Prudential Overall Supply ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made Vvith respect to the following facts and purposes: A. On July 1, 2002 the City and Prudential Overall Supply entered into that certain agreement entitled "City of Temecula Agreement for Vendor Services" ("Agreement") in the amount of $25,000.00. B. The original Agreement was amended on May 25, 2004 in order to increase the payment for additional services in the amount of $13,659.58 through June 30, 2005. C. The parties now desire to increase the payment of the Agreement in the amount of $22,756.82. The City desires to exercise its option to extend the Agreement term for one year, which will subsequently require an increase in payments. 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30, 2006. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT" of the Agreement is amended to read: 'The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Sixty-one Thousand Four Hundred- Sixteen Dollars and Eight Cents ($61,416.40) for uniform, floor mat, dust mop and towel cleaning/rental services for the term of the Agreement, unless additional payment is approved as provided in this Agreement." 4. Except for the changes specifically set forth herein, all other terms and conditions of the original Agreement shall remain in full force and effect R;\KAN1GOWJINEW AMENDMENTS 05-06IPRUDENT1AL 2 NDAMENDMENT02 /5 2005.DOC 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeffrey Comerchero, Mayor ATTEST: BY: Susan W. Jones, CMC City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney Vendor: Prudential Overall Supply 2485 Ash Street Vista, CA 92083 BY: NAME: TITLE: BY: NAME: TITLE: R:lKANlGOWJlNEW AMENDMENTS OH)6IPRUDENTIAL 2 NO AMENDMENT 02 IS 2005.DOC 2 EXHIBIT "A" 2005-2006 PAYMENT SCHEDULE CUSTODIAL ITEMS Location Qty. Sizelltem Unit Price Weekly Price Annual CITY HALL 3 4x6 mat (charcoal) $2.64 $7.92 3 3x5n-eI(teal) $1.65 $4.95 2 24"dustl1"OP SO.6O $1.20 10 3X5Mat(grny) $1.65 $16.50 20 Towels (blue) $0.10 $2.00 T"'" $32.57 $1,693.&4 MAINTENANCE FACIUTY 1 4x6 mat (teal) $2.64 $2.64 4 3x5 mat (teal) $1.65 $6.60 1 24-dustrmp SO 60 SO.6O 10 Towels ("kdte) $0.10 $1.00 T"'" $10.84 $563.68 OLD TOWN TEMECULA SENK>R CEHTER 3 4x6 mats (dlarcoal) $2.64 $7.92 1 36" duSt I'rq) SO.71l $0.79 4 3X5 mats (charcoal) $1.65 $6.60 20 Towels (blue) $0.10 $2.00 $17.31 S9OO.12 TEMECULA COMMUNITY CENTER 3 4x6 mats (blue) $2.64 $7.92 1 3x5mat (btue) $1.65 $1.65 1 3x10mat{blue) $330 $3.30 1 36" dust mop SO.71l $0.79 20 T<7NeIs(white) $0.10 $2.00 $15.66 $814.32 TEMECULA VALLEY MUSEUM 2 4x6 mat (Ian) $2.64 $5.26 1 3x5mal(tan) $1.65 $1.65 1 24- dust mop SO.6O SO.60 10 TaNeIs(wtrite) $0.10 $1.00 $8.53 $44U6 COMMUNITY RECREATION CENTER 5 4x6mat(gray) $2.64 $13.20 3 3x5 mat (gray) $1.65 $4.95 2 36"dustrmp $0.79 $1.58 2 48"dustrmp $1.15 $2.30 40 Towels (Yotlite) $0.10 $4.00 $26.03 $1,353.56 PERFORMING ARTS & MERCANTILE BUILDINGS 5 4x6 mat (gray) $2.64 $13.20 3 3x5 mat (gray) $1.65 $4.95 2 36"dustlTDP $0.79 $1.56 2 48" dust rmp $1.15 $230 40 Towels (white) $0.10 $4.00 $26.03 $1,353.56 CHILDREN'S MUSEUM 3 4x6 rrets (charcoal) $2.64 $7.92 1 36"dustrnop SO.71l $0.79 4 3X5rrets(charcoal) $1.65 $6.60 2Q Towels (blue) $0.10 $2.00 $17.31 $900.12 $8,022.56 Total for Facilities UNIFORM SERVICE Location Qty. Sizelltem Unit Price Weekly Price Annual Convnunlty Services 9W"","" 45 Bu."-'t(8r<l\onponII$,50r $0.75 $33.75 2Q LS White Shirts SO 60 $10.00 25 ss Whlte Shirts SO 60 $12.50 $56.25 $2,925.00 "Miscellaneous Fees" Not To Exceed-100 Ball caps $8,1000 $810.00 $3,735.00 Public Worts 11Wor1<ers 55 Bu."-'t(8r<l\onponlo$_50r $0.75 $41.25 55 Orange Shirts SO_SO $27.50 $68.75 $3,575.00 "MiScellaneous Fees" Not To Exceed $ 810.00 $ 4,385.00 Contingency Fees 10% $ 1,614.26 ANNUAL TOTAL-CUSTODIAL & UNIFORMS S 17,756.82 * Chy bas chok:8 of pants-Blue JeansG $.7$ each per week or Brown pants G $.50 eaell per week ITEM 31 ORDINANCE NO. 05-06 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 May 24, 2005 to consider the proposed amendments to the Temecula Municipal Code. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends 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." 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: R:/Ords 2005/0rds 05-06 "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). ii. The maximum square footage of each canopy may not exceed 399 square feet. iii. 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. 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 R:/Ords 2005/0rds 05-06 2 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:10B: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. iii. 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." Section 5. The City Council of the City of Temecula hereby amends Section 17.04.020.BA of the Temecula Municipal Code by adding Exhibit 17.04.020 as follows: R:/Ords 2005/0rds 05-06 3 "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.1 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: "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.BA." 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: R:/Ords 2005/0rds 05-06 4 "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 street frontage. A reasonable separation distance between multiple signs shall be as determined by the director of planning at the time of approval. 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." Section 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 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 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. R:/Ords 2005/0rds 05-06 5 Section 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 14th day of June, 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. 05-06 was duly introduced and placed upon its first reading at a meeting of the City Council on the 24th day of May, 2005 and that thereafter, said Ordinance was duly adopted and passed at a meeting of the City Council on the 14th day of June, 2005, by the following vote: AYES: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, CMC City Clerk R:/Ords 2005/0rds 05-06 6 TEMECULA COMMUNITY . SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT MAY 24, 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 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: RESOLUTION NO. CSD 05-15 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 R:\Minutes.csdI052405 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. It was noted by City Attorney Thorson that changes were made to the median maintenance agreement to reflect the new effective date of June 30, 2005. MOTION: Director Comerchero moved to approve Consent Calendar Item Nos. 1 - 4. The motion was seconded by Director Edwards and electronic vote reflected unanimous approval. DEPARTMENTAL REPORT No additional comments. 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, June 14, 2005, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] R\Minutes.csdl052405 2 ITEM 2 APPROVAL CITY ATTORNEY DIRECTOR OF FIN~ CITY MANAGER Pf- CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 14, 2005 SUBJECT: First Amendment to the Janitorial Maintenance Services Contract for Park Restrooms and Picnic Shelters with Morris Myers Maintenance for FY 2005 - 2006. PREPARED BY: ~Jerzy Kanigowski, Facility Maintenance Coordinator RECOMMENDATION: The Board of Directors: 1. Approve the First Amendment with Morris Myers Maintenance for $70,000.00 and extend the Agreement through June 30, 2006. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for City Restroom Janitorial Service on February 5, 2004. The TCSD received four (4) proposals, which were evaluated to determine qualifications and to assess the competitiveness of their pricing. Morris Myers Maintenance was determined to be the lowest qualified bidder for the required services. A contract was awarded to Morris Myers Maintenance effective April 1, 2004 thru June 30, 2005. This Contract allows for 2 one year extensions. The First Amendment is now requested to authorize a one (1) year extension. The current 15-month contract is $82,500.00. The cost to provide services for fiscal year 2005-2006 is $70,000.00, which includes $6,580.00 for additional service items. This amendment will increase the total contract amount to $152,500.00. FISCAL IMPACT: The amount of the contract for the Fiscal Year 2005-06 is $70,000.00. Sufficientfunds have been included in the Annual Operating Budgets in account numbers 190-180, 001-164. Attachments: 1) Amendment No.1 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA COMMUNITY SERVICES DISTRICT AND MORRIS MYERS MAINTENANCE lHlS FIRST AMENDMENT is made and entered into as of June 14, 2005 by and between the City of T emecula Community Services District, a municipal corporation ("City") and Morris Myers Maintenance ("Contracto~'). 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 March 23, 2004 the City and Morris Myers Maintenance entered into that certain agreement entitled "City of Temecula Agreement Maintenance Services" ("Agreement") in the amount of $82,500.00. B. The parties now desire to increase the payment of the Agreement in the amount of $70,000.00. 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30, 2006. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT", of the Agreement is amended to read: "The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Sixty Three Thousand Four Hundred Twenty Dollars and 00 Cents ($63,420.00) for Restroom and Picnic Shelter Janitorial Maintenance Services and Six Thousand Five Hundred Eighty Dollars and 00 Cents ($6,580.00) for Additional Service Items for a total contract amount of One Hundred Fifty Two Thousand Five Hundred Dollars and 00 Cents ($152, 500.00) for the term of the Agreement, unless additional payment is approved as provided in this Agreement." 4. Except for the changes specifically set forth herein, all other terms and conditions of the original Agreement shall remain in full force and effect. /// /// R:\KANIGOWJINEW AMENDMENTS 05-06lMORRlS MYERS MAINTENANCE 1ST AMEND 05-06.DOC 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Chuck Washington, President ATTEST: BY: Susan W. Jones, CMC City Clerk Approved As to Form: BY: Peter M. Thorson, City Attomey CONTRACTOR: Morris Mvers Maintenance BY: NAME: TITLE: BY: NAME: TITLE: R:1KANIGOWJINEW AMENDMENTS 05-06\MORRIS MYERS MAINTENANCE 1ST AMEND 05-06.DOC 2 EXHIBIT B CITY OF TEMECULA PAYMENT RATES AND SCHEDULE PRICING SHEET PARK NAME / RESTROOM LOCATION ADDRESS PRICE PER PRICE PER MONTH YEAR Sam Hicks Monument Park 41970 Moreno Road $210.00 $2,520.00 6'" Street Parking Lot Restroom 41952 Sixth Street $210.00 $2,520.00 Pala Community Park 44900 Temecula Lane $210.00 $2,520.00 Rancho California Sports Park (Rancho Vista field) 30875 Rancho Vista Road $210.00 $2,520.00 Skate Park Restroom (At Rancho California Sports 42569 Margarita Road $210.00 $2,520.00 Park) North/South Restroom (At Rancho California Sports 42775 Margarita Road $210.00 $2,520.00 Park) Kent Hintergardt Memorial Park 31465 Via Cordoba $210.00 $2,520.00 Paloma Del Sol Park 32099 De Portola Road $210.00 $2,520.00 Butterfield Stage Park 33654 De Portola Road $210.00 $2,520.00 Temeku Hills Park (Playground restroom) 31367 La Serena $210.00 $2,520.00 Temeku Hills Park (Snack bar restroom) 31367 La Serena $210.00 $2,520.00 T emecula Duck Pond 28250 Ynez Road $210.00 $2,520.00 Winchester Creek Park 39950 Margarita Road $210.00 $2,520.00 Margarita Community Park 29119 Margarita Road $210.00 $2,520.00 Meadows Park 43110 Meadows Parkway $210.00 $2,520.00 Pauba Ridge Park 33405 Pauba Road $210.00 $2,520.00 Crowne Hill Park 33203 Old Kent Road $210.00 $2,520.00 Temecula Elementary School Pool Restroom 41951 Moraga Road $210.00 x 8 $1,680.00 For 8 months months Temecula Valley High School (Tennis courts) 31555 Rancho Vista Road $210.00 $2,520.00 R;\KANIGOWJINEW AMENDMENTS OS..fJ6\MORRIS MYERS MAINTENANCE 1ST AMEND 05-06.DOC 3 EXHIBIT B CONTINUED Harveston Lake Park (Two Restrooms) 40233 Village Road $420.00 $5,040.00 Harveston Community Park (Two Restrooms) 28582 Harveston Drive $420.00 $5,040.00 SUBTOTAL A $4,830.00 $57,120.00 ADDRESS PRICE PER PRICE PER GAZEBO/PICNIC SHELTER MONTH YEAR MAINTENANCE $131.25 $1,575.00 Harveston Community Park (priced as three 28582 Harveston Drive shelters ) 40233 Village Road $87.00 $1,050.00 Harveston Lake Tot Lot (priced as two shelters) 40233 Village Road $43.75 $525 Harveston Lake Wedding Gazebo 43110 Meadows Parkway $43.75 $525 Meadows Park (1 shelters) 41569 Margarita Road $43.75 $525 Rancho California Sports Park (1 shelter) Temeku Hills Park (1 shelter) 31367 La Serena Way $43.75 $525 44900 Temecula Lane $43.75 $525 Pala Community Park (1 Shelters) 29119 Margarita Road $43.75 $525 Margarita Community Park (1 shelters) 41970 Moreno Road $43.75 $525 Sam Hicks Monument Park (1 shelter) $524.50 $6,300.00 SUBTOTAL B RESTROOM MAINTENANCE AND GRAND TOTAL (Subtotal A +B) $5,354.00 $63,420.00 GAZEBO/PICNIC SHEL TER MAINTENANCE R:\KANIGOWJINEW AMENDMENTS 05..fJ6\MORRlS MYERS MAINIENANCE 1ST AMEND 05-06.DOC 4 DESCRIPTION SCOPE OF WORK PRICE PRICE PER PER YEAR MONTH Maintain an additional park restroom, which will May be added to contract as new . include men and women areas, totaling facilities are constructed. More then , approximately 500 s.f. to 900s.f. one restroom building may be added $210.00 $2,520.00 during contract term. Maintain per , above Specifications/Scope of Work, Exhibit A above. Provide Supplemental Restroom Maintenance Provide Staff to clean and stock park , Services for Special Events. restroom facility (both men and women restrooms) hourly rate. Per Exhibit "A" $10.50 Per Daily Requirements. Hr. Provide General Janitorial Maintenance Provide Specified general janitorial Services maintenance services, such as cleaning office areas, kitchens, office $10.50 Per or recreation building restrooms. Hr. , hallways, multipurpose rooms, etc. , R:\KAN1GOWJINEW AMENDMENTS 05-06lMORR/S MYERS MAINTENANCE 1ST AMEND 05-06.DOC 5 ITEM 3 APPROVAL CITY ATTORNEY FINANCE DIREC~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 14,2005 SUBJECT: First Amendment to South coast Heating and Air Conditioning Agreement PREPARED BY: 1%-Jerzy Kanigowski, Facility Maintenance Coordinator RECOMMENDATION: That the Board of Directors: 1. Approve the First Amendment with Southcoast Heating and Air Conditioning for $35,000.00 plus a 10% contingency of $3,500.00 and extend the Agreement through June 30, 2006. BACKGROUND: Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for HVAC Preventative Maintenance and Repair on April 9, 2004. The TCSD received five (5) proposals, which were evaluated to determine qualifications and to assess the competitiveness of the pricing. Southcoast Heating and Air Conditioning was determined to be the lowest qualified bidder for the required services. A one year Contract with the option of 3 one-year extensions was awarded to Southcoast Heating and Air Conditioning effective July 1, 2004 thru June 30, 2005. The First Amendment is now requested to authorize a one (1) year extension, as permitted per the Agreement. The current contract is for $65,000.00. The cost to provide preventative maintenance services for fiscal year 2005-2006 is $11,372.00. In addition an estimated $23,628.00 is being requested for repair and additional supplemental services, such as, replacement or the installation of additional equipment. This additional year of service will increase the total contract amount to $100,000.00. FISCAL IMPACT: Sufficient funds have been included in the Annual Operating Budget for fiscal year 2005-06 in accounts: 190-180, 190-181, 190-182, 190-184, 190-185, 190-188,340-701,340- 702,001-164, and 001-171 ATTACHMENTS: 1) First Amendment R:IKANIGOWJIAgenda ReportlSouthcoast Agenda Report 02 15 2ooS.doc FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA, COMMUNITY SERVICES DISTRICT AND SOUTHCOAST HEATING AND AIR CONDITIONING THIS FIRST AMENDMENT is made and entered into as of June 14, 2005 by and between the City ofTemecula, Community Services District, a municipal corporation ("City") and Southcoast Heating and Air Conditioning ("Contracto~'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 8, 2004 the City and South coast Heating and Air Conditioning, entered into that certain agreement entitled "City of Temecula Agreement Maintenance Services" ("Agreement") in the amount of$65,000.00. B. The parties now desire to increase payment for services in the amount of $35,000.00 plus a 10% contingency and amend the Agreement as set forth in this Amendment. 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30, 2006. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT" of the Agreement is amended to read: "The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) for HVAC Preventative Maintenance and repair services for the term of the Agreement, unless additional payment is approved as provided in this Agreement." 4. Except for the changes specifically set forth herein, all other terms and conditions of the original Agreement shall remain in full force and effect. III III III III R:\KANIGOWJINew Amendments 05-06\Soulhcoast Heating and Air 1 Amendment 0415 2005.doc 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreernentto be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Chuck Washington, President ATTEST: BY: Susan W. Jones, CMC City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR: South coast Heatina and Air Conditionina Contact: Gary Brown 2664 Vista Pacific Drive Oceanside, CA 92056 Phone (769) 941-7000 BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required for Corporations) R:lKANIGOWJWew Amendments 05-06ISoutl1coast Heating and Air 1 Amendment 04 15 2005.doc 2 , EXHIBIT "B" PRICING SHEET HVAC PREVENTIVE MAINTENANCE DESCRIPTION PRICE PER PRICE PER YEAR QUARTER , CITY HALL HVAC $1,145 $4,580 MAINTENANCE FACILITY HVAC $160 $640 COMMUNITY RECREATION CENTER HVAC $670 $2,650 TEMECULA COMMUNITY CENTER HVAC $100 $400 MARY PHILLIPS SENIOR CENTER HVAC $160 $640 TEMECULA VALLEY MUSEUM HVAC $75 $300 CHAPEL OF MEMORIES HVAC $75 $300 TEMECULA CHILDREN'S MUSEUM HVAC $125 $500 FIRE STATION 84 HVAC $150 $600 FIRE STATION 92 HVAC $75 $300 HARVESTON COMMUNITY PARK HVAC $108 $432 $11,372.00 ANNUAL TOTAL , ALTERNATE BID ITEMS-For repair or extra work authorized by City MARK-UP ADDED TO CONTRACTOR'S WHOLESALE PRICE OF PARTS & EQUIPMENT 30% HOURLY RATE PER REGULAR MAN HOUR-8am To 5pm Monday through Friday $70 , HOURLY RATE PER OVERTIME MAN HOUR-After-hours, Weekends, Holidays, etc. $105 , R:\KANIGOWJINew Amendments 05-06lSouthcoast Heating and Air 1 Amendment 0415 2005.doc 3 ITEM 4 APPROVAL CITY ATTORNEY DIRECTOR OF FIN~ t'V/ CITY MANAGER ~-. CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 14, 2005 SUBJECT: Second Amendmenllo Tremco/Weatherproofing Technologies, Inc. Agreement PREPARED BY: ~ Jerzy Kanigowski, Facility Maintenance Coordinator RECOMMENDATION: That the Board of Directors: 1. Approve the Second Amendment with Tremco/Weatherproofing Technologies, Inc. for $50,000.00 and extend the Agreement to June 30, 2006. BACKGROUND: The Temecula Community Services Department (TCSD) entered into a contract with Tremco/Weatherproofing Technologies on July 1,2003 to complete necessary repairs and implement a preventative maintenance program of the roof systems at City facilities. The completion of the necessary repairs and the implementation of preventative maintenance services proved to be very successful. Based on Staff recommendations the Board of Directors approved the First Amendment to the contract on October 23,2003, which authorized extending the contract through June 30, 2005 and included an option for two additional one-year extensions. The Second Amendment is now requested to authorize a one (1) year extension. The current contract amount is $100,000.00. The cost to provide the scheduled preventive maintenance services for fiscal year 2005-2006 is $9,590.00 and an estimated $40,410.00 is requested for non covered repairs and supplemental services. This additional year of service will increase the total contract amount to $150,000.00. FISCAL IMPACT: Sufficient funds have been included in the Annual Operating Budget for FY 2005-06 in accounts: 190-180,190-181,190-182,190-184,190-185,190-188, 340-701 and 340-702 ATTACHMENT: 1) Amendment No.2 1 R:\KANIGOWJ\Agenda Report\Agenda Report Tremco-Weatherproofing.doc SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA COMMUNITY SERVICES DISTRICT AND TREMCOIWEATHERPROOFING TECHNOLOGIES, INC. THIS SECOND AMENDMENT is made and entered into as of June 14, 2005 by and between the City of Temecula Community Services District, a municipal corporation ("City") and Tremco/Weatherproofing Technologies, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made wth respect to the following facts and purposes: A. On July 1, 2003 the City and Tremco/Weatherproofing Technologies, Inc. entered into that certain agreement entitled "City of Temecula Community Services District Agreement for Maintenance Services" ("Agreement") in the amount of $21,040.00. B. The original Agreement was amended on October 23,2003 in order to increase the payment for additional services in the amount of $78,960.00 C. The parties now desire to increase the payment of the Agreement in the amount of 50,000.00 and amend the Agreement as set forth in this Amendment. 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30, 2006. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT", of the Agreement is amended to read: ''The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The second amendment shall not exceed Fifty Thousand Dollars and 00 Cents ($50,000.00) for the roof preventive maintenance program and necessary roof repairs, inspection and replacement for a total contract amount of One Hundred Fifty Thousand Dollars and 00 Cents ($150,000.00). 4. EXHIBIT A to the Agreement is hereby deleted from the Agreement and in its place a new Exhibit A is added to the Agreement as set forth on the 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 original Agreement shall remain in full force and effect IIIIIII R:\KANIGOWJ1NEW AMENDMENf'S 05-06\TREMCO 2ND AMENDMENT', TREMCO 04 /8 2005.DOC I IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Chuck Washington, President ATTEST: BY: Susan W. Jones, CMC City Clerk Approved As to Form: BY: Peter M. Thorson, City Attomey CONTRACTOR: Tremco/Weatherproofinq Technoloqies. Inc. BY: NAME: TITLE: BY: NAME: TITLE: R:\KANIGOWJ1NEW AMENDMENTS 05-06\TREMCO 2ND AMENDMENT. TREMCO 04 /8 2oo5.DOC 2 Attachment "An EXHIBIT "A_1n CITY OF TEMECULA PREVENTIVE ROOF MAINTENANCE PROGRAM. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for future repair, improvement, maintenance and/or construction upon real and personal property of the City. Work will include emergency repairs, emergency maintenance, maintenance work, andlor minor construction work. The procedure for assigning work is set forth as follows: I. Director of Community Services ("Director") or his designee shall submit to Contractor a writing "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in the writing to material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required. the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. THE PREVENTIVE ROOF MAINTENANCE PROGRAM DESCRIBED IN THIS SCOPE OF WORK, ARE FOR LOCATIONS LISTED BELOW: LOCATIONS: . Mary Phillips Senior Center 41845 6th. Street Temecula . City Hall 43200 Business Park Drive Temecula . Maintenance Facility 4321 0 Business Park Drive Temecula . Community Recreation Center 30875 Ranch Vista Road Temecula . Temecula Community Center 28816 Pujol St. Temecula . Temecula Valley Museum 28314 Mercedes St. Temecula . Wedding Chapel 28314 Mercedes St. Temecula Contractor and the City hereby agree that subject to the terms, conditions and limitations stated herein, Contractor will provide the following services to the City on the City's Roofing System described above (hereinafter" CRS"). The annual price will be held for a five vear period. The services being offered by the Contractor include the following: R:lKANIGDWJ\NEW AMENDMENTS 05-06\TREMCO 2ND AMENDMENT. TREMCO 04 18 2oo5.DOC 3 A. LEAK RESPONSE PROGRAM For each leak in the CRS which is covered under this Agreement, the City shall immediately within 24 hours call 1-800-5- TREMCO and report the roof leak, location, City's site contact representative, leak severity and any other information which may be useful to Contractor in responding to the leak. Contractor will promptly (within 24 hours) deploy a contractor to respond to the leak. If leaks due to sources that are not covered by this TremCare Service agreement, customer will be billed at the pre-arranged billing rate. Otherwise, Contractor will pay for the leak repairs. If necessary, a follow-up inspection to the CRS leak area will be conduct to examine the repair quality and identify additional roofing concerns. If leaks have been reported, a leak activity report will be provided to the City on a quarterly basis. These reports will provide the following: 1. Number of customer calls into the system. 2. Response time for each call. 3. Overview andlor follow up recommendations. B. INSPECTIONS, HOUSEKEEPING AND PREDICTIVE MAINTENANCE On a semi-annual basis during the term of this Agreement, Contractor shall provide roof inspections, routine preventive maintenance and general housekeeping services on the CRS, on a schedule to be agreed upon by Contractor and the City. Roof inspection services are as follows: 1. Visual inspection of the roof membrane and roof surface conditions. 2. Inspection of the flashing systems including, but not limited to, the metal edge system, base flashing on equipment and adjoining walls, counterflashing and termination details, soil stacks and \ents, and inspection of rooftop projections and equipment including, but not limited to, pitch pans, HVAC equipment, skjights and access hatches. Roof inspection services do not include: 1. I nspection of water damage or mold growth. 2. Detection or identification of mold. Preventive maintenance services are as follows (NOTE: Preventive maintenance involves work that is meant to keep the roof in its present condition. It does not include extensive repairs or restoration of a deteriorated roof intended to improve its condition to maintainable roof. If such extensive repairs are necessary, you will be made aware of what is needed to be done to bring the individual roof to maintainable condition.): 1. Metal edge flashing components - incidental tears, splits and breaks in the membrane flashings will be repaired with appropriate repair mastics and membranes. 2. Incidental tears and splits in the flashing membrane will be repaired with appropriate repair mastics and membranes. Incidental open or split flashing strip- ins will be repaired with appropriate repair mastics and membranes. Unsecured rooftop equipment will be secured. Exposed fasteners will be sealed. Intermittent voids in termination bar and counterflashings sealant wiil be resealed. 3. Roof membrane maintenance repairs - incidental tears, breaks and spits in the flashing membrane will be repaired with appropriate repairs mastics and membranes. Incidental splits and blisters that threaten the roof integrity will be R:\KANIGOWJlNEW AMENDMENTS 05-fJ6\TREMCO 2ND AMENDMENT, TREMCO 04 /8 2005.DOC 4 cleaned, primed and repaired with appropriate repair mastics and membranes. Intermittent voids in metal projections (hoods and clamps) sealants will be resealed. 4. Preventive maintenance services do not include: a. Repairs or maintenance of any building component other than the roofing system. b. Remediation or abatement of mold. c. Recoating of roof membranes. General rooftop housekeeping services are as follows: 1. Removal of debris (i.e., leaves, branches, paper and similar items) from the roof membrane (excluding HV AC and other major equipment). 2. Removal of debris from the roof drains, gutters and scuppers. 3. All debris will be disposed of at the City's expense at City's approved on-site location. (Housekeeping and general rooftop preventive maintenance does not absolve the building Citylcustomer fro keeping effluent and debris from the roof surface. Production-related material is excluded as part of the housekeeping. Additionally, it the scheduled cleaning is insufficient to maintain the roof integrity, customer must pay for additional c1eaninglinspections or assume responsibility for such cleanings. Customer agrees that all debris on or removed from the roof is the sole properly of Customer and it is the sole responsibility of Customer to properly dispose of said debris.) C. ANNUAL ROOF INSPECTION As part of one semi-annual inspection, Contractor will provide an annual roof inspection report. The annual report shall become part of the roof database which will be maintained on the roof system for the life of this agreement. Roof inspection reports will not address the presence of water damage to any building component other than the roofing system or the presence of mold. D. STORM REPORTS Upon notification by the City, Contractor will provide a roof inspection and a corresponding report after a major storm to ensure timely repairs. This inspection may coincide with the semi-annual roof inspection, if the timing is close to this planned inspection. E. CITY'S RESPONSIBILITIES It is agreed by the parties that Contractor by this Agreement does not assume possession or control of any part of the CRS. Control and ownership of the CRS and all parts of the Building remains solely with the City. The City is solely responsible for all requirements imposed by any federal, state or local law, ordinance or regulation, and all repair, maintenance and other work with respect to the CRS and the Building, elCept as expressly stated by this Agreement. The City shall at all times exercise reasonable care in the use and maintenance of the CRS. Immediate repair of leaks is critical to prevent water damage and mold growth. Some authorities believe that mold will start to grow on building components with 24 hours of significant flooding or leakage. If the City does not immediately report leaks in accordance with the leak response program offered herein, Contractor has no responsibility to perform the services described in Section A. The City shall in any event report all leaks which R:\KANIGOWJ\NEW AMENDMENTS 05-06ITREMCO 2ND AMENDMENT, TREMCO 04 18 2oo5.DOC 5 occur in the CRS within the Service Agreement period either through the 1- 800 Leak Call Service or in writing to Contractor at 3735 Green Road, Beachwood, Ohio 44122, as soon as possible (however, in no event more than thirty (30) days) after leakage is or should have been discovered. In no event is Contractor responsible for any repairs to any part of the Building other than the CRS. The liability or expense for such repair is to be assumed and paid by the City. If the leak is not within the Service Agreement coverage, Contractor shall advise the City, and the City shall have repairs performed within thirty (30) days according to Contractor specifications. The City agrees to provide Contractor with unrestricted ready access to the CRS and all areas of the Building on which the CRS is located. F. SERVICE AGGREMENT EXCLUSIONS This Service Agreement does not cover any leaks or damage or failure of the CRS or any part thereof as result of: 1. Natural or accidental disaster, including but not limited to, damage caused by lighting, hailstorms, floods, gale force winds (32 mph or greater), tomadoes, earthquakes, fire, vandalism, animals, penetration of the membrane or chemical attach by outside agents. 2. Any intentional or negligent act on the part of the City or third party including, but not limited to, misuse, traffic or storage of materials on the roof. Any repair of these items will be at City's expense. 3. Distortion, expansion or contraction of the CRS caused by faulty original construction or design of building components, including parapet walls, copings, chimneys, skylights, vents or roof deck. Additionally, this agreement excludes recoating or resurfacing of the flood coat and reflective coating of the CRS. G. SERVICE AGREEMENT LIMITATIONS Contractor shall have no responsibility and or liability under this Service Agreement until the Service Agreement price has been paid in full. The City's rights under this Service Agreement are specific to the City and are not transferable. Contractor obligation under this Agreement may be voided by Contractor based on events described in Section F, change in usage of the Building without the prior written approval of Contractor, repairs, alterations, penetrations of the attachments to the CRS wthout the prior written approval of Contractor, building settlement, deterioration, cracking or failure of the roof deck, coping and parapet walls, infiltration or condensation of moisture in, through or around walls, copings, underlying structure, hardware or equipment, or failure of the City to comply with its obligations described in this Agreement. H. OTHER TERMS Contractor will be excused from performing under this Agreement if prevented or delayed by events not within its control, including events such as floods, fires, accidents, riots, explosions, governmental order, acts of or omissions of contract CRS or other third parties, inability to access the CRS, etc. The City agrees that this Agreement, and the services and remedies set forth herein, are exclusive, and there are no other agreements between the City and Contractor or any affiliate. R:\KAN/GOWJlNEW AMENDMENTS 05-06\TREMCO 2ND AMENDMENT, TREMCO 04 18 200s.DOC 6 CITY MAY REQUEST CONTRACTOR TO MAKE REPAIRS WHICH ARE BEYOND THE SCOPE OF PREVENTIVE MAINTENANCE SERVICES OUTLINED ABOVE OR TO MAKE REPAIRS TO ROOFS ON FACILITIES NOT LISTED HERE. THESE ADDITIONAL MAINTENANCE REPAIRS, WILL BE BASED ON CURRENT TIME AND MATERIAL COSTS, AS STATED IN ATTACHMENT "B", TITLED "EXHIBIT B PAYMENT RATES AND SCHEDULE". Attachment "B" EXHIBIT B PAYMENT RATES AND SCHEDULE A. Time and Material cost for roofing services which are not covered by the Preventative Maintenance Program: . Hourly Rate Per Man Hour- Foreman or Roof Technician Routine Maintenance and Repair (8:00 am to 5:00 pm M-F): $68.25 Emergency Maintenance and Repair (material included): $75.00 . Hourly Rate Per Overtime Man Hour (after hours, weekends and holidays, etc.)- Foreman or Roof Technician Maintenance and Repair (materials included): $85.00 B. Fixed cost for Preventative Maintenance and initial remedial repairs: FY 2003-2004 Building Name Roof Area Budget Action Budget $ Expended $ Predictive Roof Maintenance 28314 Mercedes Drive Temecula Valley Museum Program $370 Predictive Roof Maintenance 28816 Pujol Street T emecula Community Center Program $600 CRC Recreation/Community 3075 Rancho Vista Road Center Pro-active remedial repairs on fiashings and penetrations $1,560 CRC Recreation/Community 3075 Rancho Vista Road Center Diagnostic leak test and repairs on 2 different leak areas $780 CRC Recreation/Community 3075 Rancho Vista Road Center Sr. Center Predictive Roof maintenance Program Diagnostic leak test and repair over MP room $3,970 41845 6th Street $780 41845 6th Street Sr. Center TRACE core analysis on Multipurpose Room & Kitchen: $390 41845 6th Street Sr. Center Pro-active remedial repairs on penetrations and flashings $880 R:lKANlGOWJlNEW AMENDMENTS 05-06\TREMCO 2ND AMENDMENT, TREMCO 04 18 2005.DOC 7 FY 2003-2004 Continued Building Name Roof Area Budget Action Budget $ Expended $ Predictive Roof Maintenance 41845 6th Street Sr. Center Program $1,080 Install an emulsion system at the ponded area over the Audio 43200 Business Park City Hall Room $650 Address the perimeter wall where the termination is 43200 Business Park City Hall unsecured. $1,550 Predictive Roof Maintenance 43200 Business Park City Hall Program $2,700 Diagnostic leak test and repairs 43200 Business Park City Hall on 2 current leaks $780 Diagnostic leak test and repairs 43210 Business Park Drive Maintenance & Facilities on 11 current leak areas: $6,250 Predictive Roof Maintenance 43210 Business Park Drive Maintenance & Facilities Program $720 Predictive Roof Maintenance Wedding Chapel Wedding Chapel Program $150 Year Summary $23,210 0 FY 2004-2005 Building Name Roof Area Budget Action Budget $ Expended $ Predictive Roof Maintenance 28314 Mercedes Drive Temecula Valley Museum Program $370 Predictive Roof maintenance 28816 Pujoi Street Temecula Community Center Program $600 CRC Recreation/Community Predictive Roof Maintenance 3075 Rancho Vista Road Center program $3,970 Predictive Roof Maintenance 41845 6th Street Sr. Center Program $1,080 Predictive Roof Maintenance 43200 Business Park City Hall Program $2,700 Predictive Roof maintenance 43210 Business Park Drive Maintenance & Facilities Program $720 Predictive Roof Maintenance Wedding Chapel Wedding Chapel Program $150 Year Summary $9,590 0 R:1KANIGDWJINEW AMENDMENTS 05-06ITREMCO 2ND AMENDMENT, TREMCO 04 18 2ooS.DOC 8 FY 2005-2006 Building Name Roof Area Budget Action Budget $ Expended $ Predictive Roof Maintenance 28314 Mercedes Drive Temecula Valley Museum Progral"!l $370 Predictive Roof maintenance 28816 Pujol Street Temecula Community Center Program $600 CRC Recreation/Community Predictive Roof Maintenance 3075 Rancho Vista Road Center program $3,970 Predictive Roof Maintenance 41845 6th Street Sr. Center Program $1,080 Predictive Roof Maintenance 43200 Business Park City Hall Program $2,700 Predictive Roof maintenance 43210 Business Park Drive Maintenance & Facilities Program $720 Predictive Roof Maintenance Wedding Chapel Wedding Chapel Program $150 Year Summary $9,590 0 R:lKANIGOWJINEW AMENDMENTS 05-06\TREMCO 2ND AMENDMENT, TREMCO 04 18 2005.DOC 9 ITEM 5 APPROVAL CITY ATTORNEY FINANCE DIRECT~ CITY MANAGER~ CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 14, 2005 SUBJECT: First Amendment to the Facility Alarm Systems Service and Monitoring Agreement with Computer Alert Systems for Fiscal Year 2005-06 PREPARED BY: ~ Jerzy Kanigowski, Facility Maintenance Coordinator RECOMMENDATION: That the Board of Directors: 1. Approve the First Amendment with Computer Alert Systems, Inc. for $25,000.00 and extend the Agreement through June 30, 2006. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for Facility Alarm Monitoring, Inspection and Repair Services on April 9, 2004. Computer Alert Services, Inc. (CASI) was determined to be the lowest qualified vendor for the required services. A one (1) year Contract with the option of two (2) one-year extensions was awarded to CASI effective July 1, 2004 thru June 30, 2005 in the amount of $25,000.00. The First Amendment is now requested to authorize a one (1) year extension. The current one (1) year contract is for $25,000.00. The cost to provide alarm monitoring services for fiscal year 2005-2006 is $6,936.00 and an estimated $18,064.00 is being requested for repair of existing systems, installation of new systems and monitoring of new facility alarm systems. This additional year of service will increase the total contract amount to 50,000.00 FISCAL IMPACT: Sufficient funds have been included in the Annual Operating Budget for fiscal year 2005-06 in accounts 190-180,190-181,190-182,190-184,190-185, 190-188,190-189,340- 701, 340-702 and 001-164. ATTACHMENTS: 1) Amendment NO.1 R:IKANIGOWIIAgenda ReportlComputer Alert Agenda Report FY OS-06 0208200S.doc FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA COMMUNITY SERVICES DISTRICT AND COMPUTER ALERT SYSTEMS, INC. THIS FIRST AMENDMENT is made and entered into as of June 14, 2005 by and between the City of Temecula Community Services District, a municipal corporation ("City") and Computer Alert Systems, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made I'.ith respect to the following facts and purposes: A. On July 1, 2004 the City and Computer Alert Systems, Inc. entered into that certain agreement entitled "City of Temecula Community Services District Agreement Maintenance Services" ("Agreement") in the amount of $25,000.00. B. The parties now desire to increase the payment of the Agreement in the amount of $25,000.00. The City desires to exercise its option to extend the Agreement term for one year, which will subsequently require an increase in payments. 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30, 2006. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT", of the Agreement is amended to read: "The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for alarm monitoring, inspection, repair and installation services for the term of the Agreement, unless additional payment is approved as provided in this Agreement". 4. Except for the changes specifically set forth herein, all other terms and conditions of the original Agreement shall remain in full force and effect. III III III III R:\KANIGOWJINew Amendments 05-06lComputer Alert 1stAmen0208200S.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Chuck Washington, President ATTEST: BY: Susan W. Jones, CMC City Clerk Approved As to Form: BY: Peter M. Thorson, City Attomey CONTRACTOR: COMPUTER ALERT SYSTEMS. INC. Contact: Fred Gans 41110 Los Ranchos Circle Temecula, CA 92592 Phone (951) 302-6699 BY: NAME: Fred Gans TITLE: BY: NAME: TITLE: (Two Signatures Required for Corporations) R:\KANIGOWJINew Amendments 05.06lComputer Alert 1slAmen02082005.doc EXHIBIT "B" SCHEDULE OF PAYMENT FACILITY LOCATION Monthly Fee Fire Monthly Fee Yearly Total Fee Per System Monitoring & Security System Location Inspection Monitoring Monitoring & Inspection City Hall, 43200 Business Park $45.00 $25.00 $840.00 Drive Maintenance Facility, $45.00 $0.00 $540.00 43210 Business Park Drive Community Recreation Center, $45.00 $37.00 $984.00 30875 Rancho Vista Road Temecula Community Center, $45.00 $37.00 $984.00 28816 Pujol Street Mary Phillips Senior Center, $45.00 $15.00 $720.00 41845 6th Street Temecula Skate Park, $0.00 $25.00 $300.00 42569 Margarita Road Temecula Valley Museum, $45.00 $0.00 $540.00 28314 Mercedes Drive Temecula Children's Museum $45.00 $37.00 $984.00 (Trading Post), 42801 Main Street Temecula Wedding Chapel, $0.00 $37.00 $444.00 28300 Mercedes Drive 6th Street Restroom/Parking $0.00 $25.00 $300.00 Lot, 41952 6th Street Police Sub-station Old Town Front Street $0.00 $25.00 28410 Old Town Front Street $300.00 Ste 105 Total $6,936.00 R:\KANIGOWJINew Amendments 05-06\Computer Alert 1slAmen02082005.doc , Costs for repair or extra work authorized by City MARK-UP ADDED TO VENDOR'S WHOLESALE PRICE OF PARTS & EQUIPMENT 40% HOURLY RATE PER REGUALR MAN HOUR-8am To 5pm Monday $75.00/HR. through Friday HOURLY RATE PER OVERTIME MAN HOUR-Atter-hours, $95.00/HR. Weekends, Holidays, etc. , ADDITIONAL SERVICE ITEMS DESCRIPTION SCOPE OF WORK PRICE PER MONTH Provide Services for New May be added to contract as new Price pursuant to Siles facilities constructed. Maintain per Scope of Work Exhibit A and Rates site requirements Schedule Pricing Sheet Exhibit B. , Invoices will be submitted on a quarterly basis; one month prior to beginning of each quarter. , , , , , i R:\KANIGOWJINew Amendments 05-06\Computer Alert 1stAmen02082005.doc i ITEM 6 APPROVAL CITY ATTORNEY FINANCE DIREC~/...-- CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 14, 2005 SUBJECT: First Amendment to the Elevator Service and Monitoring Agreement with ThyssenKrupp Elevator for FY 2005-06 PREPARED BY: ~ Jerzy Kanigowski, Facility Maintenance Coordinator RECOMMENDATION: That the Board of Directors: 1. Approve the First Amendment with ThyssenKrupp Elevator Company for $25,000.00 plus a 10% contingency of $2,500.00 and extend the Agreement through June 30, 2006. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for all City elevators, to provide inspection, monitoring and repair services on April 9, 2004. ThyssenKrupp Elevator was determined to be the lowest qualified vendor for the required services. A one (1) year contract with the option of two (2) one-year extensions was awarded to ThyssenKrupp Elevator effective July 1, 2004 thru June 30, 2005 in the amount of $25,000.00. The First Amendment is now requested to authorize a one (1) year extension, as permitted per the Agreement. The current contract amount is $25,000.00. The cost to provide inspection and monitoring services for fiscal year 2005-2006 is $5,080.00. In addition an estimated $19,920.00 is being requested for repairs and additional supplemental services. This additional year of service will increase the total contract amount to $50,000.00. FISCAL IMPACT: Sufficient funds have been included in the Annual Operating Budget for fiscal year 2005-06 in accounts; 190-182, 190-185,340-701, and 340-702. ATTACHMENTS: First Amendment R:\KANIGOWJ\Agenda Report\TyssenKrupp ElevatorAgenda Report FY 05-06 0209200S.doc FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND THYSSENKRUPP ELEVATOR COMPANY THIS FIRST AMENDMENT is made and entered into as of July 1, 2005 by and between the Temecula Community Services District, a municipal corporation ("City") and ThyssenKrupp Elevator Company ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made II.oith respect to the following facts and purposes: A. On July 1, 2004 the City and ThyssenKrupp Elevator Company, entered into that certain agreement entitled "City of Temecula Agreement for Elevator Maintenance Services" (Agreement) in the amount of $25,000.00. B. The parties now desire to increase payment for services in the amount of $25,000.00 plus a 10% contingency and amend the Agreement as set forth in this Amendment. 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30, 2006. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT" of the Agreement is amended to read: 'The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for elevators service, monitoring and repair services for the term of the Agreement, unless additional payment is approved as provided in this Agreement." 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 11/11/ R:lKAN1GOWJINEW AMENDMENTS 05.()6\THYSSEN 1ST AMENDMENT 04 18 2005.DOC 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Chuck Washington, President ATTEST: BY: Susan W. Jones, CMC City Clerk Approved As to Form: BY: Peter M. Thorson, City Attomey ThyssenKrupp Elevator Company BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) R:1KANIGOW}\NEW AMENDMENTS 05-06\THYSSEN lSTAMENDMENT04 18 2005.DOC 2 ,. . ~VAT()RLOCATlON -.-" City Hall Maintenance Facility Temecula Valley Museum Connnunity Recreation Center . ,~';'->- ';;-<;:'--",;;4 }i ~ -~,' . " . '~;"". '."~_~,.,: ,'_~i._';'.'}.:. . _ ',.::l,..:1 , , DESCRIPTION :{~~;[;:~~:';:~1~" '. EXIllBIT B CITY OF TEMECULA PAYMENT RATES AND SCHEDULE PRICING SHEET ADDRESS PlUCE PER - MONTH EU;V ATO~NAME Montgomery Model: 8411-95 GMS Elevator/ Elevator Controls Corp. H-800 Westcon Motion Control Eng. HMC-IOOO PHC Porch-Lift Model LOI94WL 43200 Business Park Drive 43210 Business Park Drive 28314 Mercedes Drive 30875 Rancho Vista Road. ;-:4"';' -~:-. ',' :"', -,. ,I. .<.);~, "" :., " ,~/' ;.~.<).,~ , " . ,. .:rotal' :', SCOPE OF WORK Monitoring Elevator Emergency Phone .... \. ~ '-', ,,".J' ." -,.,,,;;,'.;"~'.i 'D~sCRiPTION Premium portion of overtime hourly rate per man for emergency repairs requested by City outside of Vendor's normal business hours Straight time hourly rate for work performed by Vendor for repairs outside the scope of Exhibit A Provide Services for New Sites This monthly fee should include cost to re- program phone, repairs and monthly monitoring fee ADDITIONAL SERVICE ITEMS . . ,....;, . - ',,~. '">:- " '," . SC,OPE OF .WORK If City requires work covered by this Maintenance Contract to be performed outside of the Vendors normal business hours. The rate shown is the premium portion of the overtime rate which would be paid by City. Vendor will absorb the straight time portion of the overtime hourly rate. Hourly rate charged by vendor for repairs requested by City which are not covered in Exhibit A May be added to contract as new facilities constructed. Maintain per Scope of Work Exhibit A and Rates Schedule Pricing Sheet Exhibit B PRICE PER YEAR $125.00 $1,500.00 $125.00 $1,500.00 $125.00 $1,500.00 $100.00 per Quarter $400.00 .;, PRICE PER ~CEl'ER" ',. ELE~~~~:~:Yi~.~~:::;t $5.00 $180.00 for 3 Elevators '-.ii;' '-""~,"" '-~,,,:.,.., c. -'~_~ HOURLY RATE $114.00/hr. $162.00/hr $125.00 per month Contractor's Signature R\vollmum\agreements.a11\minormaintenance.OO ITEM 7 APPROVA CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER C)!J CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 14, 2005 SUBJECT: TCSD Proposed Rates and Charges for Fiscal Year 2005-2006 PREPARED BY: Barbara Smith, Management Analyst RECOMMENDATION: That the Board of Directors: 1. Open the Public Hearing and Continue to June 28, 2005 BACKGROUND: Pursuant to the provisions of Proposition 218, Temecula Community Services District (TCSD) is required to hold a public hearing before imposing or increasing rates and charges. Notice of the public hearing must be mailed to the record owner of each identified parcel upon which the rates and charges are proposed to be imposed or increased. The Public Hearing must be held at least 45 days after the mailing of the notices. At the public hearing, TCSD must consider all protests against the proposed rates and charges. If written protests against the proposed rates and charges are presented by a majority of owners of the identified parcels, the TCSD shall not impose the rates and charges. Accordingly, TCSD produced and mailed the required notices on April 22, 2005 calling for a June 14, 2005 public hearing regarding the TCSD rates and charges. The notices for the residential parcels within the Redhawk area to be annexed into the City on June 30, 2005 did not include the rates and charges for Service Level D. Therefore, TCSD revised the notices to include Service Level D and mailed the revised notices to the Redhawk property owners on May 13, 2005. In order to meet the 45-day notice requirement, the new notice announced that the Board of Directors of TCSD intends to continue from June 14, 2005 until June 28, 2005 the public hearing on the levy and collection of rates and charges. The date change and revised notice was also published in the Californian on May 31, June 7 and 14, 2005 and will be published also on June 21,2005. FISCAL IMPACT: If approved on June 28, 2005 the total budget for Service Levels B, C, and D for Fiscal Year 2005-2006 is $6,550,530. The total Levy Budget for Service Level R is $12,200. The revenue generated from the TCSD Rates and Charges will fund perimeter landscaping; residential street lighting; refuse and recycling collection services; and unpaved road maintenance in the City of Temecula. R:\SMITHB\Assessments\05-06 Assessment\Staff-BCD&R Public Hearing 2.doc ITEM 8 APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY MANAGER TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: Board of Directors FROM: Shawn D. Nelson, General Manager DATE: June 14, 2005 SUBJECT: Review and Adoption of the FY 2005-06 Annual Operating Budget Genie Roberts, Director of Finance~ !iJ. Jason Simpson, Assistant Finance Director lY RECOMMENDATION: That the Board of Directors adopt a resolution entitled: PREPARED BY: RESOLUTION NO. CSD 2005. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE FY2005-06 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS 0 N CHANGES I N APPROPRIATIONS DISCUSSION: The proposed FY2005-06 TCSD annual operating budget includes the operation and maintenance of district-wide parks and recreation facilities, debt service on the certificates of participation issued for the construction of the Community Recreation Center, arterial street lighting and traffic signals, and median landscaping. Rates and charges are also established for residential street lighting, slope maintenance, refuse collection and street sweeping, and emergency street and road construction and maintenance. On May 18, 2005, the Board of DirectorslCity Council held a workshop to review and discuss the proposed operating budgets. At that time, the Board of DirectorslCity Council made no additional modifications except for modifications to Service Level C, involving revised trash revenue and cost estimates based upon the annexation of Redhawk Development. The increases to this budget reflect increases of approximately $462,000. Parks and recreation services, as well as arterial street lighting and traffic signals, and median landscaping are primarily funded by the special tax assessed to property owners as approved by the voters as "Measure C" in March 1997. The maximum level of special tax that was approved by the voters is $74.44 per single-family dwelling unit. Over the past five years the special tax rate has been gradually reduced to $63.44 per dwelling unit, with the $11.00 per dwelling unit difference being funded by the City's General Fund through the Revenue Excess Sharing for Temecula ("REST') program. The proposed FY 2005-06 budget reflects no change in the existing special tax rate. Residential street lighting, slope maintenance, refuse collection and street sweeping, and emergency street and road construction and maintenance services provided by the TCSD are funded primarily by rates and charges assessed to property owners within the District. 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 2005-06, up from the current rate of $180.70. In addition, there is a rate increase in subzone C-8 rates and charges for perimeterlslope landscaping of $10 bringing the new rate to $20. Furthermore, there is a new subzone C-11 proposed at $270 for the eight (8) new parcels in the Gallery Homes "Traditions" development. All other rates and charges will remain unchanged. TCSD Revenues Overall, a $2,678,620 (19.3%) increase in revenues is projected for TCSD. The FY 2005-06 revenue estimates include no change to the special tax rate, however, the trash rates are being increased to cover the costs of providing the service. The total "REST" program revenue (from the City's General Fund) is proposed to be $4,850,200, a $1,125,000 increase from FY2004-05. TCSD Expenditures The proposed Community Services District budget reflects a $2,455,737 (17.1 %) increase in total expenditures from the current year budget. A summary of significant items is as follows: Citv-wide Ooerations >- Includes Opening of the new Community Theater in Old Town Temecula ($636,901) >- Includes funding for a cultural arts program ($142,893) >- Includes two new Lead Maintenance Workers ($155,980) >- $130,000 increase in rehabilitation due to Redhawk annexation (new water meters and median improvements) Service Level B >- $82,500 increase in street lighting costs due to 158 new residential streets lights in Redhawk Service Level C >- $170,500 increase in landscape maintenance costs Service Level D >- $717,658 increase in refuse hauling costs is reflected, per conditions of the franchise fee agreement for refuse, recycling for a consumer price index adjustment, and annexation of the Redhawk Community. TCSD Fund Balance Surplus fund balance has been used over the past several fiscal years to fund ongoing operations and maintenance costs. The proposed FY 2005-06 budget continues to utilize surplus fund balance, in the following amounts: . Citywide Operations . Service Level "B" . Service Level "C" . Service Level "R" .. Service Level "L" $122,731 $ 55,855 $151,550 $ 2,105 $ 1 ,061 It is anticipated that the actual amount of fund balance required to be used will be less than the amounts reflected above, based on a demonstrated pattem of actual expenditures being less than the budgeted amounts. 2 FISCAL IMPACT: The services provided by the District are funded primarily by the special tax that was approved by the voters as Measure C in March, 1997, the "REST" contribution from the City's General Fund, and the rates and charges assessed to property owners which are to be approved during a public hearing held on June 14, 2005. Attachments: Resolution No. CSD 05- FY 2005-06 Annual Operating Budget 3 RESOLUTION NO. CSD 05-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE FY 2005-06 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS 0 N CHANGES IN APPROPRIATIONS WHEREAS, the Board of Directors 0 f the T emecula Community Services District has reviewed the proposed final FY 2005-06 annual operating budget and has held such public meetings as are necessary prior to adoption of the final operating budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Community Services District as follows: Section 1. That the FY 2005-06 TCSD operating budget is hereby adopted. Section 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the General Manager. C. The Board of Directors must authorize transfers (appropriations) of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. The Board of Directors must authorize any increase in regular personnel positions above the level indicated in the final budget. The General Manager may authorize the hiring of temporary or part time staff as necessary within the limits imposed by the controls listed above. E. The General Manager may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires Board of Directors action. F. The General Manager may authorize Public Works contracts in amounts up to $25,000. Any expenditures of Public Works funds in excess of $25,000 require Board of Directors action, except that the General Manager may approve change orders on Public Works contracts approved by the Board in amounts up to project contingency established by the Board. Section 3. Outstanding encumbrances shown on the District books at June 30, 2005 are hereby appropriated for such contracts or obligations for FY 2005-06. Section 4. The Board Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED this 14th day of June 2005. Chuck Washington, President ATTEST: Susan W. Jones, CMC District SecretarylCity Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, Susan W. Jones, Secretary of the T emecula Community Services District, do hereby certify that the foregoing Resolution No. CSD 05-_ was duly adopted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof held on the 14th day of June 2005, by the following vote of the Board of Directors: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: BOARDMEMBERS: ABSENT: Susan W. Jones, CMC District Secretary/City Clerk OPERATING BUDGET TEMECULA COMMUNITY SERVICES DISTRICT TEMECULA COMMUNITY SERVICES DISTRICT SUMMARY OF REVENUES. EXPENDITURES. AND CHANGE IN FUND BALANCES 2005-06 PROPOSED ANNUAL OPERATING BUDGET 2003-04 2004-05 Current Proposed Audited Revised Preliminary Increase Actuals Budget FY2005-06 (Decrease) Total Revenues bv Fund: Citywide Operations 6.817.877 7,715,331 9,401.974 1.686.643 Service Level B 534,809 507.480 617.930 110.450 Service Level C 1,024,278 1.266,052 1.304.456 38.404 Service Level D 3.411.601 3,683.491 4,521,138 837,647 Service Level R 13.455 9,659 10.095 436 Service Levei L 206,300 206,440 140 Debt Service 498.627 497 .300 502.200 4.900 Total Revenues 12.300.647 13.885.613 16.564.233 2.678.620 19.3% Total Expenditures by Fund: Citywide Operations 6,990,910 8,202.554 9.524.705 1.322.151 Service Level B 478.581 578.900 673.785 94.885 Service Level C 1.061.659 1,285,500 1,456,006 170,506 Service Level D 3.464,074 3,702,250 4,420.739 718,489 Service Level R 4,138 14,145 12,200 (1,945) Service Level L 60,000 207,501 147,501 Debt Service 497 .475 496.300 500.450 4.150 Total Expenditures 12.496.837 14.339.649 16,795.386 2.455.737 17.1% Excess of Revenues Over (Under) Expenditures (196.190) (454,036) (231,153) 222.883 Operatinq Transfers Out: CIP Fund Excess of Revenues Over (Under) Expenditures and Operatinq Transfers Out (196,190) (454,036) (231,153) 222.883 Fund Balances, Beq. of Year 1.488.153 1.291.963 837 .927 Fund Balances, End of Year 1.291.963 837.927 606.774 TEMECULA COMMUNITY SERVICES DISTRICT SUMMARY OF REVENUES. EXPENDITURES, AND CHANGE IN FUND BALANCES 2005-06 PROPOSED ANNUAL OPERATING BUDGET Citywide Operations 2003-04 2004-05 Current Proposed Audited Revised Preliminary Increase Actuais Budqet FY2005-06 (Decrease) Total Revenues 6,B17,877 7,715,331 9,401,974 1,686,643 Total Expenditures 6.990.910 7 ,636.254 9,024.255 1.388,001 Excess of Revenues Over (Under) Expenditures (173,033) 79,077 377,719 298,642 Operatinq Transfers Out 566.300 500.450 (65.8501 Excess of Revenues OVer (Under) Expenditures and Operating Transfers Out (173,033) (487,223) (122,731) 232.792 Fund Balance, Beq. of Year 944.938 771.905 284.682 Fund Balance, End of Year 771.905 284 .682 161.951 TEMECULA COMMUNITY SERVICES DISTRICT SUMMARY OF REVENUES, EXPENDITURES. AND CHANGE IN FUND BALANCES 2005-06 PROJECTlON Service Level B 2003-04 2004-05 Current Proposed Audited Revised Preliminary Increase Actuals BudQet FY200S-06 (Decrease) Total Revenues 534,809 507,480 617,930 110,450 Total Expenditures 478.581 578.900 673.785 94 .885 Excess of Revenues Over (Under) Expenditures 56,228 (71,420) (55,855) 15,565 OperatinQ Transfers Out Excess of Revenues Over (Under) Expenditures and Operating Transfers Out 56,228 (71,420) (55,855) 15.565 Fund Balance. BeQ. of Year 116.662 172.890 101.470 Fund Balance, End of Year 172.890 101.470 45.615 TEMECULA COMMUNITY SERVICES DISTRICf SUMMARY OF REVENUES, EXPENDITURES. AND CHANGE IN FUND BALANCES 2005-06 PROJECITON Service Level C 2003-04 2004-05 Current Proposed Audited Revised Preliminary Increase Actuals Budqet FY2005-06 (Decrease) Total Revenues 1,024,278 1,266.052 1.304.456 38.404 Total Expenditures 1.061.659 1.285.500 1.456.006 170.506 Excess of Revenues Over (Under) Expenditures (37.381) (19.448) (151,550) (132.102) Operatinq Transfers Out Excess of Revenues Over (Under) Expenditures and Operating Transfers Out (37,381) (19,448) (151,550) 1132.102) Fund Balance, Beq. of Year 332.439 295.058 275.610 Fund Balance, End of Year 295.058 275.610 124.060 TEMECULA COMMUNITY SERVICES DISTRICT SUMMARY OF REVENUES, EXPENDrrURES, AND CHANGE IN FUND BALANCES 2005-06 PROJECT10N Service Level D 2003-04 2004-05 Current Proposed Audited Revised Preliminary Increase Actuals Budqet FY2005-06 (Decrease) Totai Revenues 3.4Il,601 3,6B3.491 4,521.138 837,647 Total Expenditures 3.464.074 3,702.250 4,420.739 718.489 Excess of Revenues Over (Under) Expenditures (52,473) (18,759) 100,399 Il9,158 Operatinq Transfers Out Excess of Revenues Over (Under) Expenditures and Operating Transfers Out (52,473) (18,759) 100,399 119.158 Fund Balance, Beq. of Year 72.606 20.133 1.374 Fund Balance, End of Year 20.133 1.374 101.773 TEMECULA COMMUNITY SERVICES DISTRICT SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCES 2005-06 PROJECTION Service Level R 2003-04 2004-05 Current Proposed Audited Revised Preliminary Increase Actuals Budget FY200S-06 (Decrease) Total Revenues 13,455 9,659 10,095 436 Totai Exoenditures 4,13B 14.145 12,200 (1.945) Excess of Revenues Over (Under) Expenditures 9,317 (4.4B6) (2,105) 2,381 Operatinq Transfers Out Excess of Revenues Over (Under) Expenditures and Operating Transfers Out 9,317 (4,486) (2,105) 2.381 Fund 8alance, Beq. of Year 20.387 29.704 25,218 Fund Balance, End of Year 29,704 25,218 23.113 TEMECULA COMMUNITY SERVICES DISTRICT SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCES 2005-06 PROJECTlON Service Level L 2003-04 2004-05 Current Proposed Audited Revised Preliminary Increase Actuals Budqet FY200S-06 (Decrease) 206,300 206,440 140 60.000 207 .501 147,501 146.300 (1,061) (147,3611 Total Revenues Total Expenditures Excess of Revenues Over (Under) Expenditures Operatinq Transfers Out Excess of Revenues Over (Under) Expenditures and Operating Transfers Out 146,300 (1,061) f147.3611 Fund Balance, Beq. of Year 146.300 Fund Balance, End of Year 146.300 145.239 TEMECULA COMMUNTIY SERVICES DISTRICT SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCES 2005-05 PROJEcnON DEBT SERVICE 2003-04 2004-05 Current Proposed Audited Revised Preliminary Increase Actuals Budqet FY200S-05 (Decrease) Total Revenues 498.527 497,300 502,200 4,900 Total Expenditures 497 .475 495.300 500.450 4.150 Excess of Revenues Over (Under) Expenditures 1.152 1,000 1,750 750 Operatinq Transfers Out Excess of Revenues Over (Under) Expenditures and Operating Transfers Out 1,152 1,000 1,750 750 Fund Balance, Beq. of Year 1.121 2.273 3,273 Fund Balance, End of Year 2.273 3.273 5,023 REVENUES BY FUND - COMMUNITY SERVICES DISTRICT Actual Actual Estimated Projected FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 Parks and Recreation $ 6,015,603 $ 6,817,877 $ 7,715,332 $ 9.401,974 Service Level B 528,908 534,809 507,480 617,930 Service Level C 1,014,574 1,024,278 1,266,052 1,304,456 Service Level D 3,219,675 3,411,601 3,683,491 4,521,138 Service Level R 13,234 13,455 9,659 10,095 Service Level L 206,300 206,440 Debt Service' 502 1,000 1,750 Total $10,791,994 $ 11,802,522 $ 13,389,314 $16,063,783 *Does not include operating transfers from Parks and Recreation to Debt Service Fund. $18 $16 $1 ~ $12 '" .~ $10 S $8 ::E '-' $6 $4 $2 $0 Actual FY 2002-03 Actual FY 2003-04 Estimated FY 2004-05 Projected FY 2005-06 . Service Level R III Debt Setvice* Cl Service Level C . Service Level L lEI Service Level D . Packs and Recreation. Service Level B EXPENDITURE SUMMARY BY CATEGORY - COMMUNITY SERVICE DISTRICT FUNDS Operations Capital Fund Personnel & Maintenance Outlay Total Parks and Recreation * $ 3,875,005 $ 5,149,250 $ 9,024,255 Service Level B 5,585 668,200 673,785 Service Level C 263,606 1,192,400 1,456,006 Service Level D 42,925 4,377,814 4,420,739 Service Level L 27,501 180,000 207,501 Service Level R 12,200 12,200 Debt Service' 500,450 500,450 Total $ 4,214,622 $ 12,080,314 $ $ 16,294,936 *Parks and Recreation does not include a $500,450 operating transfer to the Debt Service Fund. CULTURAL ARTS Theater Children's Museum History Museum Public Art Historic Resources / Co VVt VVt U V\A"t t1 / seYVl..ce.s DIRECTOR OF COMMUNITY SERVICES Herman D. Parker DEPUTY DIRECTOR OF COMMUNITY SERVICES Phyllis Ruse RECREATION SERVICES DEVELOPMENT SERVICES Youth & Adult Sports Special Events Volunteer & Cultural Services Teen & Recreational Services Senior & Human Services Aquatic Program Services Contracted Classes Services Park Acquisition Park Development Assessment Administration Development Plan Review Solid Waste Administration Cable Television Administration Capital Improvement Projects Master Plan Process Review MAINTENANCE SERVICES Park Maintenance Median Maintenance Slope Maintenance Facility Maintenance Landscape Maintenance Plan Check Review CONUtl~TYSERVICES Program: Community Services Funding Source: Special Tax Benefit Assessments General Fund PARKS & RECREATION' Actual Actual Budgeted Proposed Expenditure Summary FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 Personnel $ 2,351,286 $ 2,706,717 $ 3,156,450 $ 3,875,005 Operations & Maintenance 3,901,989 3,723,957 4,459,804 5,149,250 Capital Outlay 1,858 20,000 $ 6,255,133 $ 6,430,674 $ 7,636,254 $ 9,024,255 SERVICE LEVEL B Actual Actual Budgeted Proposed Expenditure Summary FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 Personnel $ 3,856 $ 6,594 $ 5,000 $ 5,585 Operations & Maintenance 475,896 471,986 573,900 668,200 Capital Outlay $ 479,751 $ 478,580 $ 578,900 $ 673,785 SERVICE LEVEL C Actual Actual Budgeted Proposed Expenditure Summary FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 Personnel $ 189,300 $ 215,581 $ 246,800 $ 263,606 Operations & Maintenance 843,890 844,078 1,038,700 1,192,400 Capital Outlay $ 1,033,190 $ 1,059,659 $ 1,285,500 $ 1,456,006 'Does not include operating transfers out to the Debt Service Fund. COMMUNITY SERVICES Program: Conununity Services Funding Sonrce: Special Tax Benefit Assessments General Fund SERVICE LEVEL D Actual Actual Budgeted Proposed Expenditure Summary FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 Personnel $ 31,529 $ 34,829 $ 38,500 $ 42,925 Operations & Maintenance 3,219,140 3,429,246 3,663,750 4,377,814 Capital Outlay $ 3,250,668 $ 3,464,074 $ 3,702,250 $ 4,420,739 SERVICE LEVEL R Actual Actual Budgeted Proposed Expenditure Summary FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 Personnel Operations & Maintenance $ 18,281 $ 4,138 $ 14,145 $ 12,200 Capital Outlay $ 18,281 $ 4,138 $ 14,145 $ 12,200 SERVICE LEVEL L Actual Actual Budgeted Proposed Expenditure Summary FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 Personnel $ $ $ $ 27,501 Operations & Maintenance 60,000 180,000 Capital Outlay Operating Transfer Out $ $ $ 60,000 $ 207,50t DEBT SERVICE Actual Actual Budgeted Proposed Expenditure Summary FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 Personnel Operations & Maintenance $ 561,700 $ 497,475 $ 496,300 $ 500,450 Capital Outlay Operating Transfer Out 18,432 $ 580,132 $ 497,475 $ 496,300 $ 500,450 COMMUNITY SERVICES Authorized Authorized PARKS AND RECREATION FY2004-05 ChanKes FY2005-06 Director of Conununity Services 1.00 0.00 1.00 Deputy Director of Conununity Services 1.00 0.00 1.00 Maintenance Superintendent 0.70 0.00 0.70 Development Services Administrator 0.85 0.00 0.85 Recreation Superintendent 1.00 0.00 1.00 Cultural Arts Administrator 1.00 0.00 1.00 Maintenance Supervisor 0.70 0.00 0.70 Park/Landscape Maintenance Supervisor 0.70 (0.10) 0.60 Senior Management Analyst 0.00 0.50 0.50 Management Analyst 0.50 (0.50) 0.00 Senior Landscape Inspector 0.50 0.00 0.50 Museum Services Manager 2.00 0.00 2.00 Theater Manager 1.00 0.00 1.00 Patron Services Coordinator 1.00 0.00 1.00 Theater Technical Supervisor 1.00 0.00 1.00 Aquatics Supervisor 1.00 0.00 1.00 Recreation Supervisor 3.00 0.00 3.00 Administrative Assistant 1.00 0.00 1.00 Lead Maintenance Worker 1.50 1.90 3.40 Senior Recreation Coordinator 1.00 0.00 1.00 Recreation Coordinator 1.00 0.00 1.00 Landscape Inspector 0.75 (0.10) 0.65 Maintenance Worker 2.50 (0.50) 2.00 Office Specialist 2.30 0.00 2.30 Custodian 1.00 0.00 1.00 Total 28.00 1.20 29.20 SERVICE LEVEL B Senior Management Analyst 0.00 0.05 0.05 Management Analyst 0.05 (0.05) 0.00 0.05 0.00 0.05 SERVICE LEVEL C Maintenance Superintendent 0.05 0.00 0.05 Maintenance Supervisor 0.15 0.00 0.15 Park/Landscape Maintenance Supervisor 0.30 0.00 0.30 Senior Management Analyst 0.00 0.30 0.30 Management Analyst 0.30 (0.30) 0.00 Senior Landscape Inspector 0.50 0.00 0.50 Maintenance Worker 0.00 0.50 0.50 Landscape Inspector 1.00 0.00 1.00 Office Specialist 0.30 0.00 0.30 Total 2.60 0.50 3.10 COMMUNITY SERVICES SERVICE LEVEL D Development Services Administrator 0.t5 0.00 0.15 Senior Management Analyst 0.00 0.15 0.15 Management Analyst 0.15 (0.15) 0.00 Office Specialist 0.10 0.00 0.10 Total 0.40 0.00 0.40 SERVICE LEVEL L Park/Landscape Maintenance Supervisor 0.00 0.10 0.10 Landscape Inspector 0.00 0.10 0.10 Lead Maintenance Worker 0.00 0.10 0.10 Total 0.00 0.30 0.30 Community Services Total 31.05 2.00 33.05 DEPARTMENT: COMMUNITY SERVICES PROGRAM: RECREATION SERVICES MISSION: The Recreation Services Program is responsible for providing a comprehensive, Citywide recreation program that meets the recreation and human service needs within the community. 2004-2005 ACCOMPLISHMENTS: . Implemented a successful Summer History Camp . Implemented a Veteran's Memorial Dedication Ceremony . Successfully opened the Imagination Workshop, Temecula Children's Museum . Expanded the holiday bus tours program . Expanded the Breakfast with Santa Program . Expanded the Spring Egg Hunt event to include Harveston Community Park . Successfully implemented a software conversion from RecWare to Safari . Implemented various program and events highlighting the Vail Ranch Centennial . Received one California Park and Recreation Society Award of Excellence for Youth Development at the Imagination Workshop, Temecula Children's Museum . Received one California Park and Recreation Society Achievement A ward for the Logo at the Imagination Workshop, Temecula Children's Museum GOAL 1: PROVIDE HIGH QUALITY RECREATION AND LEISURE OPPORTUNITIES THAT MEET THE NEEDS OF THE CITIZENS CREATING A STRONG SENSE OF COMMUNITY WHILE PROMOTING PARTICIPATION IN ACTIVITIES OBJECTIVES: )> Implement a City-wide youth marathon program - Mayor's Marathon program ;.. Implement a postcard from Santa program ;.. Sponsor at least one regionally recognized adult softball tournament ;.. Implement a grand opening celebration and comprehensive annual programming schedule for the Wolf Creek Sport Complex GOAL 2: DEVELOP AND IMPLEMENT EVALUATION TECHNIQUES TO DETERMINE THE SUCCESS OF PROGRAMS, ACTMTIES AND SERVICES OBJECTIVES: ;.. Develop a survey that will gauge successful components of programs, identify areas of improvement and solicit information to assist in meeting the needs of the community )> Create a checklist of observable criteria to assess attainment of specific program goals )> Utilize a verbal evaluation format to obtain feedback from participants and instructors Establish operating policies for new sports facilities Projected Actual Projected Projected FV 2003-04 FY 2003-04 FY 2004-05 FV 2005-06 2 2 2 2 0 0 0 0 PERFORMANCE MEASURES: Implement new recreational opportunities Implement a Community Fitness Program DEPARTMENT: COMMUNITY SERVICES PROGRAM: DEVELOPMENT SERVICES MISSION: The Development Services Program is responsible for park site acquisition and development, assessment engineering, development review, and solid waste and cable television franchise administration. 2004-2005 ACCOMPLISHMENTS: . Completed Harveston Community Park . Completed Harvestou Lake Park transfer . Completed the Wolf Creek Deferral Agreement and Development Agreement Amendment . Completed the design of the Temecula Community Center . Completed the Roripaugh Ranch Trails Master Plan . Procured Landscape Maintenance Easements for the Pechanga Parkway Project . Completed the 2005 Recycling Calendar which received an achievement award from CPRS . Conducted an audit of Service Level D assessments . Completed a new AB939 base year study . Develop a list of local recycling facilities for developers . Organized two Community Clean-up Events . Administered a successful Developer Elections for Tract 26828, Wolf Creek, Roripaugh Ranch, 25004 & 29133 . Added the Redhawk Development into the Levy Report/Assessments and facilitated the transfer of parks . Children's Museum received a THEA Award and a CPRS Award of Excellence . Completed the Veteran's Memorial . Completed Pablo Apis Park improvements . Participate in Process Improvement Team (PIT) GOAL I: PROVIDE A COMPREHENSIVE, BALANCED NEIGHBORHOOD COMMUNITY PARKS AND RECREATIONAL FACILITIES SYSTEM THROUGHOUT THE CITY OBJECTIVES: ~ Complete construction of the Sports Park ~ Coordinate with Public Works to design and begin construction of the trails improvements along Murrieta Creek utilizing the TEA Grant ~ Seek grant funding opportunities (i.e.: Soccer Grant, Trails Grant, SB 332 and CDBG) ~ Design the Temecula Community Center Expansion ~ Complete Roripaugh/Johnson Ranch Trails Master Plan GOAL 2: ADMINISTER AN EFFICIENT AND BENEFICIAL ASSESSMENT PROCESS AND FRANCHISE SERVICES OBJECTIVES: ~ Complete an audit of all Service Level C assessment services ~ Easement Clean Up - Vail Ranch and Woodside Chantemar Development ~ If warranted, create a new base year to assist the City in obtaining its diversion rate ~ Prepare for annexation of Redhawk Area ~ Review all appeals/special cases for Special Tax DEPARTMENT: COMMUNITY SERVICES GOAL 3: PROVIDE THOROUGH REVIEW OF ALL PROPOSED CITY DEVELOPMENT OBJECTIVES: ~ Participate the City's development review process for Specific Plans, Development Plans, Environmental Impact Reports and Tentative Maps ~ Provide appropriate conditions ofapproval for future development ~ Review future park designs conditioned as part of the large developments ~ Develop internal processes to provide maximum efficiency and communication between developers, other City departments and within Development Services Division GOAL 4: UTILIZE THE CITY'S SOFTWARE TO ITS FULLEST SCOPE OBJECTIVE: ~ Participate in the Permits Plus Committee and assist in the citywide effort to utilize this software to its fullest capacity ~ Acquire additional information about the permits plus software and how TCSD can benefit from its applications PERFORMANCE MEASURES: Projected FY 200J-04 Actual FY 200J-04 Projected FY 2004-05 Projected FY 2005-06 Number of capital projects completed 2 3 4 4 Number of public parks completed as conditioned by development 2 2 2 2 Number ofrecreational marketing techniques developed DEPARTMENT: COMMUNITY SERVICES PROGRAM: MAINTENANCE SERVICES MISSION: The Maintenance Services Program is responsible for providing effective landscape and facility maintenance services top arks, s lopes, medians, recreation facilities and City administrative offices 2004-2005 ACCOMPLISHMENTS: . Completed numerous Park, Facility and Slope area rehabilitation and repair projects (North/South Ball Fields Sports Lighting Upgrade, Mary Phillips Senior Center Fumigation, Temecula Community Center/Caboose Patio Improvements) . Completed thorough construction plan review of numerous landscape maintenance service areas and park sites (Harveston Phase II, Wolf Creek Sports Complex, Wolf Creek Neighborhood Parks and Perimeter Landscaping, Roripaugh Ranch Parks and Perimeter Landscaping, Gallery Homes Perimeter Landscaping) . Completed construction management of Harveston Community Park, Harveston Lake Park, Harveston Median Islands . Coordinated with the Information Systems Department the review and selection of a Computerized Maintenance Management System (CMMS) . Completed the design and construction of the Nakayama Garden and the Veterans Memorial. GOAL I: PROVIDE SAFE AND ATTRACTIVE FACILITIES, PARKS, MEDIANS AND TRAIL SYSTEMS OBJECTIVES: }> Ensure sites are safe, clean and green at all times }> Ensure performance compliance of City contractors and repair contractors }> Develop priorities for site repairs, renovations and rehabilitations }> Work closely with Public Safety professionals to facilitate community problem solving, minimize vandalism and increase public safety and awareness GOAL 2: PROVIDE ATTRACTIVE AND SUSTAINABLE LANDSCAPE MAINTENANCE SERVICE AREAS WIDCH WILL ENHANCE THE COMMUNITY'S IMAGE WHILE PROMOTING THE PROTECTION OF OUR RESOURCES OBJECTIVES: }> Provide thorough review of all proposed maintenance service areas }> Encourage the design of water wise landscapes to optimize environmental resources }> Promote maintenance friendly landscape designs which will minimize long term maintenance costs }> Identify existing landscape maintenance service areas in need of rehabilitation }> Initiate the rehabilitation programs in the designated landscape maintenance service areas DEPARTMENT: COMMUNITY SERVICES GOAL 3: IMPLEMENT THE LATEST TECHNOLOGY AVAILABLE TO EFFECTIVELY MANAGE THE OPERATIONS AND MAINTENANCE PROGRAMS FOR CITY PARKS AND RECREATION FACILITIES OBJECTIVES: ~ Purchase a Computerized Maintenance Management system (CMMS) to track the inventory of custodial and maintenance supplies, work orders and preventive maintenance items ~ Establish effective preventative maintenance programs to improve mechanical systems efficiency and minimize non scheduled repairs ~ Compile and utilize information for accurate budgeting and improved operations ~ Identify and evaluate current Energy Management systems (EMS) GOAL 4: DEVELOP A STAND BY/CALL OUT EMERGENCY MANUAL IDENTIFYING PARK AND FACILITY SITE PLANS AND EMERGENCY PROCEDURES OBJECTIVES: ~ Review and inventory each city park and facility ~ Prepare site plans and floor plans for each park and facility showing detailed components of each site, which will include utility shut off points ~ Develop guidelines to address emergency situation procedures ~ Compile all information and distribute to appropriate City staff and facilities Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2003-04 FY 2003-04 FY 2004.05 FY 2005.06 Number of enhancement projects completed 5 5 5 5 Number oflandscape projects completed 5 4 4 4 DEPARTMENT: COMMUNITY SERVICES PROGRAM: CULTURAL ARTS SERVICES MISSION: The Cultural Arts Services Program is responsible for providing an array of cultural arts programs and activities that are both educational and entertaining for the community GOAL 1: DEVELOP PROGRAMS AND ACTIVITIES THAT STIMULATE, ENCOURAGE AND SUPPORT THE ARTS OBJECTIVES: ~ Develop and implement a variety of art classes and activities ~ Develop and distribute various marketing materials to encourage participation in arts and program ~ Implement a community wide special event that highlights visual and performing arts ~ Implement an after-school cultural arts program for youth ~ Continue to monitor operations and progranuning at the Children's Museum and the History Museum GOAL 2: OBJECTIVE: GOAL 3: OBJECTIVE: ASSIST IN THE DEVELOPMENT AND IMPLEMENTATION OF POLICIES, PROCEDURES AND GENERAL GUIDELINES FOR THE OPENING AND OPERATION OF THE OLD TOWN TEMECULA COMMUNITY THEATER ~ Develop policies, procedures and rental fees for use of the theater and Mercantile ~ Implement a grand opening celebration for the Old Town Temecula Community Theater ~ Implement a comprehensive scheduling program for the facility ~ Recruit and contract with a selected concession vendor for theater refreshments and concessions ~ Assist in the implementation of a series of theater events entitled ''Temecula Presents" OVERSEE AND ADMINISTER THE IMPLEMENTATION OF THE CITY'S ART IN PUBLIC PLACES PROGRAM ~ Work with Friends of the Ronald Reagan Sports Park and assist in the creation and installation of a public art piece at the park site ~ Work with the development community to ensure compliance with the City's Public Art Ordinance DEPARTMENT: COMMUNITY SERVICES GOAL 4: FOSTER AN AWARENESS AND APPRECIATION OF HISTORIC SITES, ARTIFACTS AND HISTORY OBJECTIVE: ~ Act as City liaison to the Temecula Historical Society Projected Actual Projected Projected PERFORMANCE MEASURES: FY 200~-O4 FY 200:1-04 FY 2004-05 FY 2005-06 Implementation of art classes 0 12 16 20 Develop Cultural Arts publications 0 0 2 After school programs at school sites 0 0 4 4 REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MAY 24, 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 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. MOTION: Agency Member Naggar moved to approve Consent Calendar Item Nos. 1 - 3. The motion was seconded by Agency Member Comerchero and electronic vote reflected unanimous approval. DEPARTMENTAL REPORT No additional comments. R:IMinutes.rdaI052405 EXECUTIVE DIRECTOR'S REPORT No additional comment. AGENCY MEMBERS' REPORTS No additional comments. ADJOURNMENT At 8:24 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, June 14, 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.rdaI052405 2 ITEM 2 APPROVAL CITY ATTORNEY DIR. OF FINANC CITY MANAGER TO: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Agency Directors FROM: Shawn D. Nelson, Executive Director DATE: June 14, 2005 SUBJECT: Review and Adoption of the FY 2005-06 Annual Operating Budget PREPARED BY: Genie Roberts, Director of Finance .~ Jason Simpson, Assistant Finance dir-ector RECOMMENDATION: Adopt a resolution entitled: 'Y RESOLUTION NO. RDA 05- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2005-06 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS DISCUSSION: The Temecula Redevelopment Agency (RDA) consists of three funds, the low/Moderate Income Housing Fund, the Capital Projects Fund, and the Debt Service Fund. RDA Revenues Overall, a $198,870 or 1.4% increase in total RDA revenue is projected. Gross property tax increment revenue is projected to increase by $567,000 (4.5%). This increase is a reflection of retail and industrial development in the project area. RDA Expenditures A summary of the significant items included in the proposed budget is as follows: low/Moderate Income Housinq ~ No significant changes Redevelopment ~ $75,000 is included for the fac;:ade improvement program ~ $770,000 is included for the Educational Revenue Augmentation Fund (ERAF) shift I Debt Service ~ A $321 ,01 0 increase is reflected in passthrough agreements as a result of increased tax increment revenue ~ Debt service payments are approximately $1,779,485. FISCAL IMPACT: The proposed RDA operating budget reflects a spending' plan that is balanced within projected revenues, and provides resources for various capital improvement projects. Attachments: Resolution No. RDA 05- FY 2005-06 Annual Operating Budget 2 RESOLUTION NO. RDA OS-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2005-06 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS WHEREAS, the Board of Directors of the Redevelopment Agency of the City of Temecula has reviewed the proposed final FY 2005-06 annual operating budget and has held such pUblic meetings as are necessary prior to adoption of the final operating budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Redevelopment Agency of the City of Temecula as follows: Section 1. That the FY 2005-06 RDA operating budget is hereby adopted. Section 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the Executive Director. C. The Agency Members must authorize transfers (appropriations) offunds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. The Agency Members must authorize any increase in regular personnel positions above the level indicated in the final budget. The Executive Director may authorize the hiring of temporary or part time staff as necessary within the limits imposed by the controls listed above. E. The Executive Director may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires Agency Member action. F. The Executive Director may authorize Public Works contracts in amounts up to $25,000. Any expenditure of Public Works funds in excess of $25,000 require Agency Member action, except that the Executive Director may approve change orders on Public Works contracts approved by the Agency Members in amounts up to project contingency established by the Agency Members. Section 3. Outstanding encumbrances shown on the Agency books at June 30, 2005 are hereby appropriated for such contracts or obligations for FY 2005-06. Section 4. The Agency hereby finds and determines that the planning and administrative expenses to be paid from the Low and Moderate Income Housing Fund for each redevelopment project are necessary for the production, improvement or preservation of low and moderate income housing and are not disproportionate to the amounts budgeted for the costs of production, improvement or preservation of that housing. Section 5. The Agency Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Redevelopment Agency of the City of Temecula this 14th day of June 2005. Ron Roberts, Chairperson ATTEST: Susan W. Jones, CMC Agency Secretary/City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 05-_ was duly and regularly adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a regular meeting thereof held on the 14th day of June 2005, by the following vote: AYES: NOES: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: ABSENT: Susan W. Jones, CMC Agency Secretary/City Clerk OPERATING BUDGET TEMECULA REDEVELOPMENT AGENCY TEMECULA REDEVELOPMENT AGENCY SUMMARY OF REVENUES, EXPENOITURE5. AND CHANGE IN FUND BALANCES 2005-06 PROJECTION 2003-04 2004-05 Current Proposed CUrrent Current Proposed Increase BudDel BudDel FY2005-06 (Oecrease ) Total Revenues bv Fund:* Low/Moderate Income Housinq 2,B72,709 2.941.100 3.051.270 110,170 Redevelopment 1,449.146 1.442,100 1.059.800 (382.300) Debt service 9.541.249 10.070.800 10.541.800 471.000 Total Revenues 13.863,104 14.454.000 14.652.870 198.870 Total Non-OP Expenditures bv Fund: Low/Moderate Income Housinq 3,340.439 1.014,362 1.039.164 24.B02 Redevelopment 4.135,980 1.491.500 1.437,526 (53.974) Debt Service 8.150.063 9.707,200 10,237.595 530.395 Total Expenditures 15,626.482 12.213.062 12.714.285 501.223 Excess of Revenues Over (Under) Expenditures (1.763,3781 2.240.939 1,938.585 (302.3541 Other Financinq Sources: Transfers In (Oul) Excess of Revenues and Other FinancinQ Sources Over (Under) Expenditures (1.763.378) 2.240.939 1.938.585 (302,354) * Transfer of $1,020.100 is included bet'Neen these funds ** Excess revenues over expenditures are proqrammed and budQeted in the Capital Improvement ProQram. TEMECULA REDEVELOPMENT AGENCY SUMMARY OF REVENUES. EXPENDITURES, AND CHANGE IN FUND BALANCES 2005-06 PROJECTION RDA LOW/MOD HOUSING FUND 2003-04 2004-05 Current Proposed Audited Current Proposed Increase Actuals Budqet FY200S-06 (Decrease) Total Revenues 2.B72.709 2.941,100 3.051,270 110,170 Total Expenditures * 3.340.439 1.014.362 1.039.164 24.B02 Excess of Revenues OVer (Under) Expenditures (467,730) 1,926.73B 2,012,106 BS.36B DDeratinQ Transfers Out Excess of Revenues Over (Under) Expenditures and Operating Transfers Out (467,730) 1,926,738 2,012,106 " 85.36B Fund Balance, BeQ, of Year 8,996.431 8.528.701 10.455.439 Fund Balance, End of Year 8.528.701 10.455.439 12.467 .545 'Note: CIP Budqet not reflected vet. ** Excess revenues over expenditures are prOQrammed and budqeted in the Capital Improvement ProQram. TEMECULA REDEVELOPMENT AGENCY SUMMARY OF REVENUES. EXPENDnuRES. AND CHANGE IN FUND BALANCES 2005-06 PROJECTION RDA CAPITAL PROJECTS FUND 2003-04 2004-05 Current Proposed Audited Current Proposed Increase Actuals BudQet FY2005-06 (Decrease) Total Revenues 1,449.146 1.442,100 1,059,800 (382.300) Total Expenditures * 1.452.815 1.491.500 1.437.526 (53.974) Excess of Revenues OVer (Under) Expenditures (3.669) (49.400) (377.7261 (328.326) QDeratinQ Transfers Out (2.683.1651 (6.301.560) 6.301.560 Excess of Revenues OVer (Under) Expenditures and Operating Transfers Out (2,686,834) (6,350,960) (377,726) 5.973.234 Fund Balance, Beq. of Year 11.287 .859 8.601.025 2.250.065 Fund Balance, End of Year 8.601.025 2.250.065 1.872.339 *Note: CIP BudQet not reflected vet. ** Excess revenues over expenditures are proQrammed and budQeted in the capital Improvement ProQram. TEMECULA REDEVELOPMENT AGENCY SUMMARY OF REVENUES. EXPENDITURES. AND CHANGE IN FUND BALANCES 2005-06 PROJECTION RDA DEBT SERVICE FUND 2003-04 2004-05 Current Proposed Audited Current Proposed Increase Actuals BudQet FY2005-06 (Decrease) Total Revenues 9.541,249 10,070.BOO 10.541.BOO 471.000 Total Expenditures * B.lS0.063 9.707.200 9.217.495 (489.7051 Excess of Revenues Over (Under) Expenditures 1.391,IB6 363.600 1.324.305 960.705 Operatinq Transfers Out (1.000.0001 0.020.1001 0.020.1001 Excess of Revenues Over (Under) Expenditures and Operating Transfers Out 391,186 (656,500) 304,205 ** 960.705 Fund Balance. BeQ. of Year B77.936 1.269.122 612.622 Fund Balance, End of Year 1.269.122 612.622 916.B27 *Note: CIP Budqet not reflected vet. ** Excess revenues over expenditures are proqrammed and budQeted in the Capital Improvement Proqram. REVENUES BY FUND - REDEVELOPMENT AGENCY Actual Actual Estimated Projected FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 LowlModerate Income Set Aside $ 2,828,077 $ 2,872,709 $ 2,941,100 $ 3,051,270 Redevelopment' 483,589 427,446 422,000 39,700 Debt Service 8,760,485 9,541,248 10,070,800 10,541,800 Total $ 12,072,151 $ 12,841,403 $ 13,433,900 $ 13,632,770 'Does not include operating transfers from Debt Service Fund of $1 ,020,000. FOUR-YEAR COMPARISON $2 $14 $12,- $10 $8 Cil e ~ ! Actual FY 2002-03 Actual FY 2003-04 Estimated FY 2004-05 Projected FY 2005-06 EXPENDITURE SUMMARY BY CATEGORY - REDEVELOPMENT AGENCY FUNDS Redevelopment 127,556 Operations Capital & Maintenance Outlay Total $ 738,962 $ 1,039,164 1,309,970 1,437,526 9,217,495 9,217,495 $ 11 ,266,427 $ $ 11,694,185 Fund Personnel Low/Moderate Income Set Aside $ 300,202 Debt Service' Total $ 427,758 'Debt Service does not include a $1,020,100 operating transfer to the Redevelopment Fund. REDEVELOPMENT Program: Low/Moderate Income Housing Set Aside Funding Source: Tax Increment Actual Actual Budgeted Proposed Expenditure Summary FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 Personnel $ 217,184 $ 244,449 $ 278,600 $ 300,202 Operations & Maintenance 1,225,822 298,359 735,762 738,962 Capital Outlay $ 1,443,006 $ 542,807 $ 1,014,362 $ 1,039,164 Program: Redevelopment.. Funding Source: Tax Increment Actual Actual Budgeted Proposed Expenditure Summary FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 Personnel $ 91,253 $ 102,647 $ 112,900 $ 127,556 Operations & Maintenance 916,811 815,109 1,258,600 1,309,970 Capital Outlay $ 1,008,063 $ 917,756 $ 1,371,500 $ 1,437,526 Program: Debt Service. Funding Source: Tax Increment Actual Actual Budgeted Proposed Expenditure Summary FY 2001-02 FY 2003-04 FY 2004-05 FY 2005-06 Personnel Operations & Maintenance $ 7,183,343 $ 8,150,063 $ 8,687,100 $ 9,217,495 Capital Outlay Operating Transfer Out $ 7,183,343 $ 8,150,063 $ 8,687,100 $ 9,217,495 .Does not include operating transfer to the Redevelopment Fund. · .Does not include operating transfer to the Capital Improvement Fund. REDEVELOPMENT Authorized Authorized Personnel Allocation 2004-05 Changes 2005-06 LOW/MOD HOUSING Director of Housing/Redevelopment 0.75 0.00 0.75 Senior Management Analyst 0.75 0.00 0.75 Administrative Secretary 0.50 0.00 0.50 2.00 0.00 2.00 REDEVELOPMENT Director ofHousing/Redevelopment 0.25 0.00 0.25 Senior Management Analyst 0.25 0.00 0.25 Administrative Secretary 0.50 0.00 0.50 Total 1.00 0.00 1.00 Department Total 3.00 0.00 3.00 ReoleveLo-p w..eV'vt DIRECTOR OF HOUSINGIREDEVELOPMENT John Meyer HOUSING REDEVELOPMENT Temecula O,N.E, First Time Homebuyer Residential Improvement Programs Land Acquisition Affordable Housing Project Development Capital Projects Old Town Specific Plan Implementation Community Liaison DEPARTMENT: REDEVELOPMENT AGENCY PROGRAM: HOUSING MISSION: The Housing Program is responsible for encouraging private investment, removing blight, and promoting economic revitalization in the redevelopment project area 2004-2005 ACCOMPLISHMENTS: . Completed a 66-unit affordable senior housing project . Facilitate the implementation of the Disposition and Development Agreement with AGK Group, LLC, to develop, construct and operate a mixed-use affordable housing, education and retail complex . Analyzed development potential of mixed-use development for application in existing commercial centers and Old Town GOAL 1: PROVIDE QUALITY HOUSING OPPORTUNITIES FOR LOW AND MODERATE INCOME FAMILIES AND TO EXPAND THEIR AVAILABILITY OBJECTIVES: ~ Ensure compliance with State Redevelopment Law ~ Monitor existing affordable housing covenants ~ Administer the First Time Homebuyer, Employee Relocation Programs and Residential Improvement Program ~ Acquire land and develop projects to support new affordable housing opportunities ~ Encourage private investruent in the expansion of affordable housing ~ Partner with non-profit and for-profit developers to construct affordable family and senior housing Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2003-04 FY 2003-04 FY 2004-05 FY 2005-06 Number of additional affordable housing 66 17 30 39 units provided Number of affordable housing units 55 32 55 55 rehabilitated Number of first time homebuyers assisted 2 0 10 2 Number of employee relocation homebuyers 2 0 2 2 assisted Number of specialized homebuyer programs4 0 0 4 4 DEPARTMENT: REDEVELOPMENT AGENCY PROGRAM: REDEVELOPMENT MISSION: The Redevelopment Program is responsible for encouraging private investment, removing blight, and promoting economic revitalization in the redevelopment project area 2004-2005 ACCOMPLISHMENTS: . Continued implementation of the Old Town Improvement Program Funded 9 facade improvement projects Analyzed development potential 0 f mixed-use development for a pplication in existing commercial centers and Old Town Acquired 4.5 acres of property for Old Town Parking/Civic Center . . . GOAL 1: IMPLEMENT THE OLD TOWN SPECIFIC PLAN OBJECTIVES: ~ Work with Old Town merchants, property owners, civic groups and the development coIiununity to make private and public improvements in Old Town, develop projects that will revitalize Old Town economy, and assist in the private rehabilitation of buildings in Old Town ~ Promote and encourage participation in the Facade Improvement Program ~ Recruit new businesses to open in Old Town Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2003-04 FV 2003-04 FY 2004-05 FY 2005-06 Number of facade improvement projects 9 8 20 20 completed Number of historical structures assisted 0 0 I Number of redevelopment projects negotiated 0 0 1 and completed ITEM 3 APPROVAL CITY ATTORNEY DIR. OF FINAN CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Agency Directors FROM: Shawn D. Nelson, Executive Director DATE: June 14, 2005 SUBJECT: PREPARED BY: Review and Adoption of the FY 2006-1 0 Capital Improvement Budgetfor the Redevelopment Agency (RDA) Genie Roberts, Director of Finance W Gus Papagolos, Fiscal Services Manag~~ RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. RDA 2005- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULAAPPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2006-10 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2005-06 DISCUSSION: The Capital Improvement Program (CIP) is the City's plan for providing public improvements which exceed $25,000 in cost, have long-term life spans, and are nonrecurring. The proposed CIP document serves as a planning tool for the coordination of financing and scheduling of all capital improvement projects over the next five years. OnMay18,2005theCityCouncilhelda workshop to review and discuss the draft CIP. A presentation was provided to the City Council on an overview of the Capital Improvement Program. City Councilmembers and staff discussed in detail several projects within the CIP. COSTS The total Redevelopment Agency cost as identified in the CIP is $15,270,00 which includes seven (7) RDA projects of which five (5) are RDA Housing Projects. A total cost of $8,740,000 is programmed in FY 2005-06 CIP. REVENUE Projected revenue from the RDA and RDA Housing sources for the Five Year RDA Capital Improvement Program is $18,956,954. Through the five year program, there is adequate funding for all proposed projects. FISCAL IMPACT: The adoption of the FY 2006-10 Five Year Capital Improvement Program establishes the project appropriations for FY 2005-06. Projects which do not have sufficient funds within the funding source will not proceed until the funding has been secured. Attachments: Resolution No. RDA 2005- FY 2006-10 Capital Improvement Program RESOLUTION NO. RDA 2005- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULAAPPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2006-10 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2005-06 WHEREAS, the Board of Directors of the Redevelopment Agency of the City of Temecula has reviewed the proposed FY 2006-10 Capital Improvement Program and has held such public meetings as are necessary prior to adopting the Capital Improvement Budget for FY 2005-06. WHEREAS, the careful timing of the installation of such improvements is necessary so as to best serve the public health, safety and welfare; and WHEREAS, in order to prioritize these public infrastructure and improvements, Capital Improvement Program is necessary; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Adoption of this Program is categorically exempt from environmental review under the California Environmental Quality Act (CEQA). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for possible future actions, which actions the Redevelopment Agency Board has not approved, adopted or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the Board has considered relevant environmental factors. This Redevelopment Agency Board, as the lead agency for environmental review pursuant to the California Environmental Quality Act and the Guidelines promulgated thereunder (collectively "CEQA") has reviewed the scope and nature of this Capital Improvement Program and has concluded that the planning and prioritization process comprising this activity is not a project pursuant to CEQA because it does not order or authorize the commencement of any physical or other activity that would, directly or indirectly, have a significant effect upon the environment. The Capital Improvement Program merely establishes a listing of priority and allocates funds for the Redevelopment Agency to commence the necessary planning studies, including review pursuant to CEQA, at a future, unspecified date. The future planning studies will be conducted at the earliest possible time, so as to ensure thorough review pursuant to CEQA. Recognizing that the protection of the environment is a key factor in the quality of life within the City of Temecula, and to further the Redevelopment Agency's strict adherence to both the spirit and letter of the law as regards CEQA, this Board has also considered this Capital Improvement Program as if it were a Project pursuant to CEQA. Reviewing this Program as a Project, this Redevelopment Agency concludes that the Project would be exempt from review under CEQA both pursuant to Section 15061(b)(3) and pursuant to the categorical exemption set forth in Section 15262 of CEQA. Section 15061(b)(3) would apply because it can be seen with certainty that this prioritizing and fund allocation program, cannot and does not have the potential to cause a significant effect on the environment. No physical activity will occur until all required CEQA review is conducted at the time the physical improvements prioritized in the Program are undertaken. Section 15262 provides a categorical exemption to actions that are feasibility or planning studies related to possible future actions. This Board is aware of and has considered the current and relevant environmental factors as an integral component of the review of this Program. This Board, as lead agency, hereby determines and decides that the exemption provided by both Section 15061 (b )(3) and 15262 apply in the event this is deemed a Project pursuant to CEQA. Section 2. On May 18, 2005 the Planning Commission found the Capital Improvement Program consistent with the General Plan in accordance with Government Code Section 65404(c) of State Planning and Zoning Law. Section 3. That certain document now on file in the office of the City Clerk of the City of Temecula entitled "City of Temecula Capital Improvement Program FY 2006-10" included herein appropriations for FY 2005-06, which includes the CIP for the Redevelopment Agency, is hereby adopted. The CIP appropriations for the 2004-2005 Fiscal Year which have not been completed, encumbered nor included in the FY 2006-2010 CIP are hereby carried over for each applicable project to the Fiscal Year 2005-2006. Section 4. That the following controls are hereby placed on the use and transfers of budget appropriations: A. Section 5. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Executive Director may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires Board of Directors action. C. The Executive Director may approve change orders on Redevelopment Agency contracts in amounts up to $25,000, if sufficient appropriated funds are available. D. That the Executive Director may authorize transfers of up to $25,000 between approved Capital Improvement Program projects. E. Notwithstanding Section 5B, pursuant to Section 3.13.080 of the Municipal Code, the Executive Director may authorize Redevelopment Agency contracts in amounts up to $25,000. Any expenditures of Redevelopment Agency funds in excess of $25,000 require Board of Directors action, except that the Executive Director may approve change orders on Redevelopment Agency contracts approved by the Board of Directors in amounts up to project contingency established by Board of Directors. Certification. The Secretary shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED, by the Board of Directors of the City of Temecula at a regular meeting held on the 14'h day of June 2005. Ron Roberts, Chairperson ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2005- was duly and regularly adopted by the Board of Directors of the City of Temecula at a regular meeting thereof held on the 14'h day of June, 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk ITEM 32 CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT FROM: City Manager/City Council Debbie Ubnoskf~ctor of Planning TO: DATE: June 14, 2005 SUBJECT: Planning Application No. PA05-0060, Cassatt Academy Pre-School Appeal PREPARED BY: Matt Peters, Associate Planner RECOMMENDATION: That the City Council: 1. Adopt a Resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION DENYING PA05- 0060, A CONDITIONAL USE PERMIT APPLICATION FOR CASSATT ACADEMY TO OPERATE A PRE-SCHOOL WITH A MAXIMUM CAPACITY OF 96 STUDENTS BETWEEN THE HOURS OF 6:30 AM TO 6:00 PM MONDAY THROUGH FRIDAY (NO REGULAR HOURS OF OPERATION AT NIGHT OR ON WEEKENDS), AND A DEVELOPMENT PLAN APPLICATION TO CONSTRUCT FOUR MODULAR BUILDINGS, INCLUDING AN ADMINISTRATION BUILDING AND THREE CLASSROOM BUILDINGS TOTALING 6,048 SQUARE FEET ON 2.39 ACRES AT THE NORTHEAST CORNER OF CALLE GIRASOL AND AUSSIE AVENUE (APN 957-150-018). BACKGROUND: This application is a request for a Conditional Use Permit and Development Plan for Cassatt Academy Pre-School to construct four modular buildings, consisting of an administration building, and three classroom buildings totaling 6,048 square feet on 2.39 acres at the northeast corner of Calle Girasol and Aussie Avenue. The property is zoned VL-Very Low Density Residential. The application was submitted on February 24, 2005. Staff reviewed the application and determined that it met the City's minimum design standards and would have no significant impact on the environment. Conditions of approval were placed on the application that all required infrastructure would be constructed and staff recommended approval to the Planning Commission. G:IPlanning\2005IPA05-0060 Cassatt Academy-CUPIPlanninglStaff Report CC,doc 1 At the May 4, 2005 Planning Commission hearing six people spoke in favor of the project, and five people spoke against. A petition against the project containing 19 signatures was also submitted at the hearing. Those speaking in favor focused on the community's need for pre- schools, partnerships with local artists, and the importance of learning in a natural and rural environment. Those speaking against the project cited increases in traffic, inconsistency with the rural residential land use designation for the area in the General Plan, and incompatibility of a commercial use in a residential area. The Planning Commission voted 5-0 to deny the Conditional Use Permit and Development based on the following findings: . The proposed pre-school will introduce a commercial use in an area that is predominantly rural density, single family residences; . The use of modular classrooms and administration offices is not consistent with the architectural character of rural custom homes in the area; and . The site is bisected by a blue line stream that represents a potential safety risk to the users of the proposed facility during periods of heavy rainfall. The appeal to overturn the Planning Commission's decision was filed by the applicant on May 10, 2005. The appeal is based on an interpretation that the proposed use is consistent with the General Plan and Development Code; that the site is physically suitable for the proposed development and all users will be fully protected from the blue line stream; and the buildings are designed to blend in and compliment the surrounding development. In addition, according to the appeal, the Cassatt Academy has "accepted outside investors and will accept all conditions and improvements." According to the applicant, escrow for this property closes June 21, 2005 and, therefore, the applicant has requested an appeal of the Planning Commission's decision prior to that date. If the City Council votes to approve the appeal and overturn the Planning Commission's denial of the project, staff has attached draft resolutions and conditions approving the project. FISCAL IMPACT: None ATTACHMENTS: 1. City Council Resolution Denying the Appeal 2. City Council Resolution Approving the Appeal and Conditional Use Permit 3. City Council Resolution Approving the Appeal and Development Plan 4. Cassatt Academy's Appeal of the Planning Commission Decision to Deny the Conditional Use Permit and Development Plan 5. Draft Minutes from May 4, 2005 Planning Commission Hearing 6. Agenda Packet for the May 4, 2005 Planning Commission Hearing 7. Petition of Opposition G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\Staff Report CC.doc 2 ATTACHMENT NO.1 CITY COUNCIL RESOLUTION DENYING THE APPEAL G:IPlanningI2005IPA05-0060 Cassatt Academy-CUPIPlanninglStaff Report CC.doc 3 RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL AND AFFIRMING THE DECISION OF THE PLANNING COMMISSION DENYING PA05-0060, A CONDITIONAL USE PERMIT APPLICATION FOR CASSATT ACADEMY TO OPERATE A PRE-SCHOOL WITH A MAXIMUM CAPACITY OF 96 STUDENTS BETWEEN THE HOURS OF 6:30 AM to 6:00 PM MONDAY THROUGH FRIDAY (NO REGULAR HOURS OF OPERATION AT NIGHT OR ON WEEKENDS), AND DEVELOPMENT PLAN APPLICATION TO CONSTRUCT FOUR MODULAR BUILDINGS, INCLUDING AN ADMINISTRATION BUILDING AND THREE CLASSROOM BUILDINGS TOTALING 6,048 SQUARE FEET ON 2.39 ACRES AT THE NORTHEAST CORNER OF CALLE GIRASOL AND AUSSIE AVENUE (APN 957-150-018). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. Mrs. Mary Burnham filed Planning Application No. PA05-0060 (Project), in a manner in accord with the City of Temecula General Plan and Development Code. B. The application for the Project was processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. C. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005-24 denying Planning Application No. PA05-0060, a Conditional Use Permit application to operate a pre-school with a maximum capacity 96 students between the hours of 6:30 am to 6:00 pm Monday through Friday (No regular hours of operation at night or on weekends), and construct four modular buildings, including an administration building and three classroom buildings totaling 6,048 square feet on 2.39 acres at the northeast corner of Calle Girasol and Aussie Avenue. D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005-31 denying Planning Application No. PA05-0060, a Development Plan to construct four modular buildings, including an administration building and three classroom buildings totaling 6,048 square feet on 2.39 acres at the northeast corner of Calle Girasol and Aussie Avenue. E. On June 14, 2005, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters pursuant to Temecula Municipal Code Section 17.03.090. G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\CC Raso CUP - Denlal.DOC F. On June 14, 2005, the City Council of the City of Temecula denied the appeal and affirmed the decision of the Planning Commission denying PA05-0060 by adopting Resolution No. 05----' Section 2. The City Council hereby affirms aU actions of the Planning Commission as regards to Planning Application No. PA05-0060. Section 3. City Council hereby determines that the appellant has failed to meet its burden of proof in support of its appeal. Section 4. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 14th day of June, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC/AAE City Clerk SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 05-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 14th day of June, 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk G:\Planning\2005\PA05-Q060 Cassatt Academy-CUP\Planning\CC Raso CUP - Denial.DOC 2 ATTACHMENT NO.2 CITY COUNCIL RESOLUTION APPROVING THE APPEAL AND CONDITIONAL USE PERMIT G:IPlanningI2005IPA05-0060 Cassatt Academy-CUPIPlanninglStaff Report CC.doc 4 RESOLUTION NO. 05 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING THE APPEAL AND AMENDING THE PLANNING COMMISSION'S ACTION AS REGARDS TO PLANNING APPLICATION NO. PA05-0060, A CONDITIONAL USE PERMIT APPLICATION FOR CASSATT ACADEMY TO OPERATE A PRE-SCHOOL WITH A MAXIMUM CAPACITY OF 96 STUDENTS BETWEEN THE HOURS OF 6:30 AM TO 6:00 PM MONDAY THROUGH FRIDAY (NO REGULAR HOURS OF OPERATION AT NIGHT OR ON WEEKENDS), AND CONSTRUCT FOUR MODULAR BUILDINGS, INCLUDING AN ADMINISTRATION BUILDING AND THREE CLASSROOM BUILDINGS TOTALING 6,048 SQUARE FEET ON 2.39 ACRES AT THE NORTHEAST CORNER OF CALLE GIRASOL AND AUSSIE AVENUE. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. Mrs. Mary Burnham filed Planning Application No. PA05-0060, in a manner in accord with the City of Temecula General Plan, and Development Code. B. Planning Application No. PA05-0060 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. Following consideration of the entire record of information received at the public hearing, and due consideration of the proposed Project, the Planning Commission adopted Resolutions 2005-24 and 2005-31 denying the Conditional Use Permit and Development Plan for Planning Application No. PA05-0060, Cassatt Academy Pre-school finding that the Project will introduce a commercial use in an area that is predominantly rural-density, single family residences; the use of modular classrooms and administration office is not consistent with the architectural character of rural custom homes in the area; and the site is bisected by a blue line stream that represents a potential safety risk to the users of the proposed facility during periods of heavy rainfall. D. On June 14, 2005, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. ' E. On June 14, 2005, the City Council of the City of Temecula approved the appeal and approved PA05-0060, a Conditional Use Permit application for Cassatt Academy to operate a Pre-school with a maximum capacity of 96 students between the hours of 6:30 am to 6:00 pm Monday through Friday (no regular hours of operation at night or on weekends), and construct four modular buildings, including an administration building and three classroom buildings totaling 6,048 square feet on 2.39 acres at the northeast corner of Calle Girasol and Aussie Avenue. G:IPlanning\2005IPA05-0060 Cassatt Academy-CUPIPlanninglCC Resos of Approval.doc I Section 2. The City Council hereby makes the following findings as required by Section 17.04.010 of the Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposal is consistent with the land use designations and standards identified in the City of Temecula General Plan and Development Code. The site is properly planned and zoned, and found to be physically suitable for the type of proposed use. As conditioned, the project is also consistent with other requirements of state law and local ordinances, including the California Environmental Quality Act (CEQA). B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures; As conditioned, the proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings, and structures. The buildings and site have been designed to blend in with the surrounding development, and therefore will not adversely affect the adjacent uses, structures, or buildings. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in this Development Code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood; The site is adequate in size and shape to accommodate the proposed pre-school including setbacks, fences, circulation, access, parking, landscaping, and other development standards prescribed in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed conditional use for a pre-school has been reviewed by the Fire Department, Building Department, and Public Works Department and will not be detrimental to the health, safety, and general welfare of the community because the proposed project meets all code requirements; all public improvements will be made; and the pre-schoo/ is providing a service that is needed by the community and it has been design and conditioned to minimize any adverse impacts. Section 3. Environmental Compliance. A Notice of Exemption has been prepared pursuant to Section 15332, Class 32, In-Fill Development Projects, of the California Environmental Quality Act (CEQA). No further environmental review is required for the proposed project. Section 4. Conditions. That the City Council of the City of Temecula hereby approves Planning Application NO.PA05-0060 (Conditional Use Permit) Cassatt Academy pre- school located at the northeast corner of Calle Girasol and Aussie Avenue, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. G:\Planning\2005IPA05-0060 Cassatt Academy-CUPIPlanninglCC Resos of Approval.doc 2 Section 5. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 14th day of June 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 05-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 14th day of June, 2005, by the following vote: NOES: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: AYES: ABSENT: ABSTAIN: Susan W. Jones, CMC/AAE City Clerk G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\CC Resas of Approval.doc 3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL (Conditional Use Permit) G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\CC Resas of Approval.doc 4 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application Na.: PA05-0060 Praject Description: A Canditianal Use Permit for Cassatt Academy to. aperate a pre-school with a maximum capacity of 96 students between the hours af 6:30 am to. 6:00 pm Monday through Friday (no regular haurs af operation at night ar an weekends), and construct faur madular buildings, including an administration building and three classroam buildings totaling 6,048 square feet an 2.39 acres at the nartheast carner of Calle Girasol and Aussie Avenue. Appraval Date: June 14, 2005 Expiration Date: June 14, 2007 PLANNING DEPARTMENT Within Forty-Eight (48) Haurs af the Appraval af this Project 1. The appiicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 211 08(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to. such defense. G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\CC Resas of Approval.doc 5 3. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 4. The Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three, one-year extensions of time, one year at a time. 5. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 6. The applicant shall comply with their Statement of Operations received April 20, 2005 and contained on file with the Planning Department, unless superceded by these conditions of approval. 7. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 8. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 9. If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the determination is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name G:\Planning\2005\PAOS-0060 Cassatt Academy-CUP\Planning\CC ResQs of Approval.doc 6 ATTACHMENT NO.3 CITY COUNCIL RESOLUTION APPROVING THE APPEAL AND DEVELOPMENT PLAN G:\Planning\2005IPA05-0060 Cassatt Academy-CUPIPlanning\Staff Report CC,doc 5 RESOLUTION NO. 05 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING THE APPEAL AND AMENDING THE PLANNING COMMISSION'S ACTION AS REGARDS TO PLANNING APPLICATION NO. PA05-0060, A DEVELOPMENT PLAN APPLICATION FOR CASSATT ACADEMY TO CONSTRUCT FOUR MODULAR BUILDINGS, INCLUDING AN ADMINISTRATION BUILDING AND THREE CLASSROOM BUILDINGS TOTALING 6,048 SQUARE FEET ON 2.39 ACRES AT THE NORTHEAST CORNER OF CALLE GIRASOL AND AUSSIE AVENUE. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and A. Mrs. Mary Burnham filed Planning Application No. PA05-0060, in a manner in accord with the City of Temecula General Plan, and Development Code. B. Planning Application No. PA05-0060 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. Following consideration of the entire record of information received at the public hearing, and due consideration of the proposed Project, the Planning Commission adopted Resolutions 2005-24 and 2005-31 denying the Conditional Use Permit and Development Plan for Planning Application No. PA05-0060, Cassatt Academy Pre-school finding that the Project will introduce a commercial use in an area that is predominantly rural-density, single family residences; the use of modular classrooms and administration office is not consistent with the architectural character of rural custom homes in the area; and the site is bisected by a blue line stream that represents a potential safety risk to the users of the proposed facility during periods of heavy rainfall. D. On June 14, 2005, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. E. On June 14, 2005, the City Council of the City of Temecula approved the appeal and approved PA05-0060, a Development Plan application for Cassatt Academy to construct four modular buildings, including an administration building and three classroom buildings totaling 6,048 square feet on 2.39 acres at the northeast corner of Calle Girasol and Aussie Avenue. Section 2. The City Council hereby makes the following findings as required by Section 17.05.020 of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all the applicable requirements of state law and other ordinances of the City; G:\Planning\2005\PA05-0060 Cassatt Academy.CUP\Planning\CC Reses of Approval.doc 7 The proposed use has been reviewed and conditioned, and is in conformance with the General Plan and Development Code, and with all requirements of state law. B. The overall development of the land is designed for the protection of the public, health, safety and general welfare; The overall development of the land is designed for the protection of the public health, safety, and general welfare because the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the project has been reviewed and conditioned by the Fire Department, and Building Department to comply with the uniform building and fire codes. Section 3. Environmental Compliance. A Notice of Exemption has been prepared pursuant to Section 15332, Class 32, In-Fill Development Projects, of the California Environmental Quality Act (CEQA). No further environmental review is required for the proposed project. Section 4. Conditions. That the City Council of the City of Temecula hereby approves Planning Application NO.PA05-0060 (Development Plan) Cassatt Academy pre-school located at the northeast corner of Calle Girasol and Aussie Avenue, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 14th day of June 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC/AAE City Clerk [SEAL] G:\Planning\2005\PA05-Q060 Cassatt Academy-CUP\Planning\CC ResQs of Approval.doc 8 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 05-_ was duly and re~ularly adopted by the City Council of the City of Temecula at a regular meeting held on the 14 h day of June, 2005, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: ABSTAIN: Susan W. Jones, CMC/AAE City Clerk G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\CC Resas of Approval.doc 9 EXHIBIT A DRAFT CONDITIONS OF APPROVAL (Development Plan) G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\CC Resos of ApprovaLdoc 10 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA05-0060 Project Description: A Development Plan to construct four modular buildings, including an administration building and three classroom buildings totaling 6,048 square feet on 2.39 acres at the northeast corner of Calle Girasol and Aussie Avenue. DIF: Service Commercial TUMF: Service MSHCP: Commercial Approval Date: June 14, 2005 Expiration Date: June 14, 2007 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\CC Resos of Approval.doc 11 City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. 4. The Director of Planning may, upon an application being filed within thirty days prior to expiration, and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time. 5. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 6. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 7. Trash enclosures shall be provided to house all trash receptacles utilized on the site. 8. The development of the premises shall substantially conform to the approved Site Plan, Grading Plan, Building Elevations, Floor Plans, Landscape Plan, and the Color and Material Board contained on file with the Planning Department, or as amended by the conditions herein. 9. The Landscaping Plan shall be amended as follows: a. Existing healthy trees shall be saved where grading and/or construction is not to occur as directed by the Planning Director. Landscape construction plans shall show these existing trees and shall identify them by scientific name and the tree caliper. Perimeter fencing shall be relocated as appropriate to allow existing trees to remain. b. All shrubs shall be installed from a minimum 5 gallon size container. Sub shrubs (i.e. Agapanthus, Hemerocallis) may be planted from 1 gallons. c. Limonium perezii is not zoned for the Temecula area. A substitute shall be provided as approved by the Planning Director. d. Code requires parking areas to be screened. Additional shrub plantings shall be installed along both Calle Girasol and Aussie Avenue as approved by the Planning Director to provide for this requirement. e. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. A 3' clear zone shall be provided around fire check detectors as required by the Fire Department. Utilities shall be grouped together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Planting beds shall be designed around utilities. All light poles shall be located on the landscape plans and shall not conflict with trees. G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\CC Resos of Approval.doc 12 f. Street trees shall be provided at the rate of one per 45' of street frontage on Aussie Avenue. Trees shall be of the same species. g. Areas designated as rock mulch shall be substituted with shrubs and ground covers as approved by the Planning Director. h. The applicant shall insure that mature plantings will not interfere with utilities, adjacent site existing structures and landscaping and traffic sight lines. All traffic sight lines shall be shown on the landscape construction plans. i. Code requires a minimum 5' width planting area at the ends of all parking rows. The planter length is to be equal to the adjoining parking space. The planter is to contain a minimum of one tree, shrubs and ground covers. Plans shall be revised to provide for these requirements. j. Code requires a minimum of one broad canopy type tree per 4 parking spaces. The trees shall be in close proximity to the parking spaces they are to shade. Plans shall be revised as appropriate to provide for this requirement. k. Shrubs and ground covers shall be planted below trees within the parking finger islands as approved by the Planning Director. I. A landscape maintenance program shall be submitted for approval with the landscape construction plans, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carryout the detailed program. m. The applicant is advised that the City of Temecula has adopted an efficient water use plan. Landscape plans will be required to meet all requirements. n. Additional shrubs shall be installed along the northwest property line to the west of the administration building as approved by the Planning Director. 10. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 11. The condition of approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the condition of approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Color Schedule Siding Roofing Field Color Hardi Plank Select Cedar Mill Owens Corning Fundamental Series Autumn Brown Olympic Paint Heavy Cream C14-2 G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\CC Resos of Approval.doc 13 Trim Color Olympic Paint Bordeaux C35-6 Window Trim Color Olympic Paint Stony Creek D13-4 12. The applicant shall paint a 3-foot x 3-foot section of the building for Planning Department inspection, prior to commencing painting of the building. 13. Any outside wall-mounted lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. Details of these lights shall be submitted to the Planning Department during plan check for review prior to installation. The installation of wall pack style light shall not be used along the street side elevations. Prior to the Issuance of Grading Permits 14. The applicant shall provide evidence that all permits associated with the blue line stream and its associated floodplain have been secured from including, but not limited to, Riverside County Environmental Health, Army Corps of Engineers, Department of Fish and Game, and US Fish and Wildlife. 15. The applicant shall provide confirmation from Riverside County Environmental Health that the percolation tests will allow for septic systems, and the systems have been properly placed and meet all setback requirements. 16. The applicant shall have the project reviewed by Riverside County for conformance with the Airport Land Use Compatibility Plan at a properly noticed public hearing. A copy of the conditions shall be forwarded to the City. The applicant shall be required to apply to the City to modify this approval if Riverside County applies conditions that are inconsistent with these conditions of approval. 17. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. 18. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. 19. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the determination is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\CC Resos of ApprovaLdoc 14 that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." Prior to the Issuance of Building Permits 20. A separate building permit shall be required for all signage. 21. The applicant shall submit a detailed plan for the employee area. This area shall include decorative furniture and hardscape to match the style of the building subject to the approval of the Director of Planning. 22. The applicant shall submit a detailed plan for the foot bridge, playground equipment, and garden planters subject to the approval of the Director of Planning. 23. The applicant shall provide an alternative fencing material to the chain link fencing identified on the Site Plan. The new fencing shall meet state licensing requirements. 24. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 25. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval. These plans shall conform substantially to the approved Conceptual Landscape Plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with the approved plan). e. Submit an agronomic soils report with Construction Landscape Plans. f. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. Prior to the Issuance of Occupancy Permits 26. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet wall are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered G:\Planning\2005\PA05.0060 Cassatt Academy-CUP\Planning\CC Resos of Approval.doc 15 mansard roof element or other screening if reviewed and approved by the Director of Planning. 27. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 28. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released upon request by the applicant. 29. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." 30. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 31. All site improvements including but not limited to parking areas and striping shall be installed prior to occupancy or any use allowed by this permit. 32. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PUBLIC WORKS DEPARTMENT Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. G:\Planning\2005\PAOS.OO60 Cassatt Academy-CUP\Planning\CC Resos of ApprovaLdoc 16 General Requirements 33. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 34. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 35. All improvement plans and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Grading Permit 36. A copy of the grading, improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to the issuance of any permit. 37. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 38. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 39. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 40. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. 41. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 42. NPDES - The project proponent shall implement construction-phase and post- construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction- G:\Planning\2005\PA05-0060 Cassau Academy-CUP\Planning\CC Resos of Approval.doc 17 phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shaH also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 43. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Riverside County Flood Control and Water Conservation District b. Planning Department c. Department of Public Works 44. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 45. Permanent landscape and irrigation pians shall be submitted to the Planning Department and the Department of Public Works for review and approval. 46. The Developer shall obtain any necessary letters of approval or slope easements for off- site work performed on adjacent properties as directed by the Department of Public Works. 47. A flood mitigation charge shaH be paid. The Area Drainage Pian fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 48. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone A. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. 49. A drainage channel and/or flood protection wall will be required to protect the structures by diverting sheet runoff to streets, or to a storm drain. Prior to Issuance of a Building Permit 50. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: G:\Planning\2005\PA05-D060 Cassatt Academy-CUP\Planning\CC Resos of ApprovaLdoc ]8 a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveway shall conform to the applicable City of Temecula Standard No. 207A. c. Improvement plans shall extend 300 feet beyond the project boundaries. d. Minimum centerline radii shall be in accordance with City of Temecula's Standard No. 113. e. All street and driveway centerline intersections shall be at 90 degrees. f. Public Street improvement plans shall include plan and profile showing existing topography, utilities, proposed centerline, top of curb and flowline grades. 51. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Calle Girasol (Collector Road Standards - 66' R/IN) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, AC berm, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). b. Improve Aussie Avenue (Local Road Standards - 60' R/IN) to include dedication of half-width street right-of-way plus twelve feet, installation of half-width street improvements plus twelve feet, paving, AC berm, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). 52. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. 53. The Developer shall construct the following public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Street improvements, which may include, but not limited to: pavement, AC berm, drive approaches, signing and striping as appropriate. b. Storm drain facilities. c. Sewer and domestic water systems. d. Under grounding of proposed utility distribution lines. 54. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 55. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 56. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\CC Resos of Approval.doc 19 Prior to Issuance of a Certificate of Occupancy 57. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 58. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 59. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. BUILDING DEPARTMENT 60. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 61. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 62. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 63. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 64. Obtain all building plans and permit approvals prior to commencement of any construction work. 65. Obtain street addressing for all proposed buildings prior to submittal for plan review. 66. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1,1998) 67. Provide disabled access from the public way to the main entrance of the building. 68. Provide van accessible parking located as close as possible to the main entry. G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\CC Resos of Approval.doc 20 69. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 70. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 71. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 72. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. As applicable 73. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 74. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 75. Show all building setbacks. 76. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays FIRE DEPARTMENT 77. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code 2001 (CBC), California Fire Code 2001 (CFC), NFPA 72 and related codes which are in force at the time of building plan submittal. 78. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1750 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of N/A GPM for a total fire flow of 1750 GPM with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III-A) 79. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum of 2 hydrants, in a combination of on-site and off-site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. Please show locations of proposed G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\CC Resos of Approval.doc 21 and existing fire hydrants on final plan submittal. Also show related property lines on plans for reference. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) 80. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site or public fire hydrants are required. (CFC 903.2) 81. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-de-sac shall be forty-five (45) feet. (CFC 902.2.2.2.3 and Subdivision Ord 16.03.020) 82. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) 83. Prior to building construction, all locations where structures are to be built shall have approved Fire Department vehicle access road. Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 84. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 8704.2 and 902.2.2.2) 85. Please show engineering detail of proposed culvert on final plan submittal as an elevated all weather surface capable of supporting 80,000 GVW. 86. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) 87. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 88. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) G:\Planning\2005\PA05-00GO Cassatt Academy-CUP\Planning\CC Resos of Approval.doc 22 89. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 90. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 91. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for occupancy or use, the developer shall install a State Fire Marshal approved fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted under separate permit to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 92. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) 93. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) 94. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. This may be provided with Final plan submittal. COMMUNITY SERVICES DEPARTMENT General Conditions 95. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 96. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 97. The Applicant shall comply with the Public Art Ordinance. 98. All parkways, landscaping, fencing and on site lighting shall be maintained by the property owner or maintenance association. Prior to issuance of Building Permits 99. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\CC Resos of Approval.doc 23 100. Prior to the first building permit or installation of street lighting which ever occurs first, the developer shall complete the TCSD application process, submit an approved Edison Streetlight Plan and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\CC Resos of ApprovaLdoc 24 ATTACHMENT NO.4 CASSATT ACADEMY'S APPEAL OF THE PLANNING COMMISSION DECISION TO DENY THE CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN G:IPlanningI2005IPA05-0060 Cassatt Academy-CUPIPlanninglStaff Report CC,doc 6 ~." ;:-1 ,,' Cjty of Temecula C(tmmnnity Development Department 43200 Business Park Drive. TemecuJa . CA . 92590 P.O. Box !1033, TemecuJa . CA . 92589-9033 (909) 694-6400 · FAX (909) 694-6477 Do<e ..... !OJ ~(C~~~~ ~ l~ [4AY 1 0 2005 ~ By I Appeal , , Original Case Number(s) Y A as - DDto 0 A. PURPOSE The purpose of the appeal procedure is to provide a method of recourse for persons aggrieved by or dissatisfied with an action taken by an administrative agency of the City in the Ildministration or enforcement of any provisions of the Development Code. B. FIT .TNG REQUIREMRNTS 1. Development Application. 2. Appeal Form., ' 3. Filing Fee. C. NOTICE OF APPEAL - TIME UMlT A notice of an appeal by any individual who is aggrieved by or dissatisfied with a decision made by him or in his behalf, or with any action, order, requirement, decision or determination shall not be acted upon unless filed within fifteen (15) calendar days after service of written notice of the decision. I D. NOTICE OF APPEAL - CONTRNTI: Appealing the decision of:---=P \ 17LV\ n; Y\;;L COM YYl; S i'\i OYl .5 . 4 ' D S (Specify Director of 'ng or Planning Commisoion AND Action Date) Dh 099LeD Co...lL(. Con ol i{;nnaJ G-J 'I-' 11 }:..() 1 +'0". u. ~ 'P erVV\; f- en s'stC!f- ~n cl'T" ~ Specify exactly what is being appealed:. I .J.:\DGAIOl\lPPLJ:C\UP.APP 7/11/'7 k1b 1 , ; Reason or justification to support the appeal. Appellant must submit with this appeal each issue which the appellant alleges was wrongly determined together with every agreement and a copy of every item of evidence. (Attach separate sheet of paper if necessary). S E: e A +\-0. ('..n Y'v'H:V1 + - Desired action to be taken: TN ( '( -heY' h -th 0 r \ mw\ ; '1"\3 -to Ckh\/ C.DIl6.\TlCtlcJ U.Sc. r-e que 'St 0... ]" \..L'L e.. \ I ;;LOO 5 CoNI m \ ~s i cor: <; . . DeS\ c..l S \ 'D 1'1 ~ '(" '<Y\.. i. -t.. . "'-eo.y-\ nj Afpd \ ctY"\\ ~ clo:t.eo . In the event any Notice of Appeal applicant fails to answer any inf()IJJllltion set forth above, then the request will be returned to the appellant, with a statement of the deficiencies. The appellant shall be allowed five calendar da s in which to refile the notice of a . 1l:~LIC\APP.UP 7/1'/'7 tlb 2 , May 9, 2005 SUBJECT: Appeal of the Planning Commission Denial for Planning Application No. P A05-0060, Cassatt Academy Preschool, a Conditional Use Permit and ' Development Plan to construct an administration building and three classroom (modular) buildings totaling 6,048 square feet on 2.39 acres at the northeast corner of Calle Girasol and Aussie Avenue. To Whom It May Concern: The Cassatt Academy is a unique and innovative preschool. Due to the unconventional nature of the project there was some miscommunication and misunderstanding surrounding the project and the use of the intended site at the public hearing with the Planning Commission. Cassatt Academy would like an opportunity to clear up some of these discrepancies. Based on staff's fmdings the Conditional Use Permit is consistent with the General Plan and Development Code. The proposal is Consistent with the land use designations and standards identified in the City of Temecula General Plan and Development Code. Staff found the site is properly planned and zoned. Schools and community care facilities are permitted in residential designations as per the General Plan. The preschool is compatible with the residential area because numerous nearby residents need and have requested high quality child care in this type of setting and the design of the site wilJ preserve and enhance the rural nature of the area. This site is physically suitable for the proposed use. Cassatt Academy believes that the Planning Commission was unaware that the children wilJ be fully protected from the blueline on the site, because the length of the blueline will have a five foot non-climbable fence constructed five feet from the embankment, on both sides, making it inaccessible. There wilJ also be a security access code gate at one side of the pedestrian bridge and a childproof gate at the other side. This gate wilJ only be accessible to staff, parents, and emergency personnel. The bridge will be constructed above the floodplain with ADA , requirements. Cassatt Academy worked with the Fire Department to create a safely constructed environment which includes two points of emergency egress off the site and a safe place of refuge. Cassatt Academy would also like to state that there was a misinterpretation at the Public Hearing about the drop off / pick up procedures. The parents do not sign their children in at the administration building. The parents must sign their children in with the appropriate teacher in their classroom. The intended use of the administration building is for office staff only. As per State licensing requirements, all of the directors, teachers, and aides will be required to have infant/child CPR and first aid. , The proposed conditional use permit is compatible with the nature, condition and development of the adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. This property is no longer attractive for a custom home or horse property buyer. (please see attached letter) The only interest has been from commercial buyers, such as churches, construction businesses, and a mobile cellular company wanting to park trucks on the site. A church has just entered into escrow on the adjacent property to the South East. The surrounding areas are developing rapidly. Roripaugh Ranch is within one mile distance from the site. The buildings and structures on the site were designed to blend in and compliment the surrounding development. Cassatt Academy addressed all the comments by staffin order to meet architectural guidelines. Cassatt Academy made the changes recommended by the City Architect, Roger Cantrell. These buildings are considered modular; however, as determined by the City Attorney these facilities are permanent structures because they will be placed on permanent foundations. Cassatt Academy followed the City of Temecula's design requirements for these types of facilities. These design elements include horizontal lap siding, bay windows, pitched roofs, country shutters, gabled entries, half glass doors, porches, and all of the buildings are pit set into the ground on permanent foundations, requiring no ramping. Cassatt Academy was requesting a deferment of the Calle Girasol improvement because it was cost prohibitive. Cassatt Academy wanted to start the preschool without any outside investors; however, Cassatt Academy has accepted outside investors and will accept all conditions and improvements. Cassatt Academy would like an opportunity to be heard by the City Council. Cassatt Academy believes that the project was misrepresented at the Public Hearing and would like the opportunity to address the concerns stated by the Commissioners. Thank you kindly, \.~c,~~ Mary C. Burnham Cassatt Academy, CEO M~V-03-2005 05.12 PM DAVIS AND DAVIS 909 696 2136 p.e1 ERNIE 6< PHnl.iS DAVIS Rf.AL1\1R' COl.Dweu BANl\eR U 1J~2) Cl.lNT()N h:EtTH RD. .J02 wr:"OOMAR, CA ~25U' Ill:~. (\.1091 M('l.9i-l7 (9i19) 7Iq.079CJ ~6.X (lJJ\l) .104-2\;110 E-MAIl. rd4...~(;jJ:olmIlL'otnbl.c:lJn t,tll1l'llilWdmlll'ornla,ctlrn ASSOCIATES REAlTY City of Temecula Planning Commission RE: 39960 Calle Oirasol and Cassatt Academy , May 3. 200S Dear Sir, It has been our pleasure to represent Thomas and Kimberly Marshall in the sale of their property at 39960 Calle Girasol in Temecula. We are also representing the buyers, Cassatt Academy, in the purchase oCthe property for a future pre-school. This has been a very long escrow, far longer than the Marshall's or Cassatt Academy ever intended. The Marshall's tint choice of buyers would have been a family that wanted ,horse property and a .1I0n ucnnr. However such a buyer never appeared. From the beginning of the listina it was evident to us and to them that their property was of interest to buyers that fell within the commercial buyer category. Their home was never shown by us or another Realtor to a regular family buyer, Instead WCl bad two churehes very interested in the parcel and one of them ultimately made a back up Offer, Small business owners were interested in using the site for a variety of reasons. One ,. wanted to establish a mobile cellular business and park trucks there. Another had a , construction business. another considered it briefly for growing orchids. , WbHe the interest level WIIS high, except for Cassatt Academy and the back-up offer from the Church, no other offers were forthcomin(: and the Marshall's entered into a eonl1'act with the pre-school owners. It was evident to all of us that the location was not of interest ito future home builders or horse lovers. As we all have witnessed, Nicolas Road and Calle Glrasol have become thoroughfares for increased traffic, The land bordering these streets have increased visibility and desirability whi,h will continue to attract nelehbors such as ,hurches, pre-schools and other entities that fit within the deflDition of providing services to residential communities. This is evidenced by the churches already approved and established on Nicolas Road. Each Office Is Independently Ownlld ~tld Ooerated, Ii) ~~. M~V-03-20e5 05:13 PM DAVIS AND DAVIS 909 696 2136 p..e2 From the beginning CSSStltt Academy wanted to be welcomed into the neighborhood and with that in mind owners, Mary Burnham, Faith Evert and Vicki Cochclta spoke to neighbors about their project and outlined their plans. Their goal was and is to enhance the site with beautlfuJ grounds and buildings that wiIl improve the general appearance of the Calle Olmol corridor, To the best of their knowledge their plans were acceptable to , the neighboring property owners. Their project will provide improvements at the buyer's eKpnse that will directly benefit the neighborllli owners. They will have a paved rolld and better access for fire department services. These additions add value, safety and curb appeal Having worked some nine months with the buyers we cm vouch for their integrity, honesty and conunltment to their goal of addiTl@ a quality child education component into this community that will be of Significant value for the future. It is our sincere wish that the City of Ternecula agrees with us and allows them to complete what they have started. Dedicated hours. huge S\llllS of money and expensive research have gone into planning this school. , We await a positive outcome. ~.~IY' I,' ,4 . "^"l.t{ -{ A i~I." Ph lis and Ernie Davis , Coldwell Banker ",., I I ~i..~" May 10, 2005 City of Temecula To Whom It May Concern: Please consider the appeal for the June 1,2005 City Council Hearing. The Appellants have an approval for an SBA loan through Temecula Valley Bank. This loan is contingent upon obtaining a Conditional Use Permit for the property on 39960 Calle Girasol. The Appellants have been in escrow on the said property for nine months and the escrow period will expire on June 21, 2005. The sellers are no longer willing to extend the escrow period. Appellants would greatly appreciate the opportunity to be heard by the City Council before the escrow period expires. Thank you kindly, Mary Burnham I .i '; r , ~ ~ve.I.of'.-.k Avo,(/'tu+toI., "" , City Ofrremecu{a 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 (909) 694-640Q FAX (909) 694-6477 E-Mail: www.cityoftemecula.org Date Stamp ~\1--\\O~ CONDITIONAL USE PERMIT APPLlCA TION~ ' (Public Hearing) , 1(10 S' Planning Application No. P . CO 6 0 . PROJECT INFORMATION (INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED) ProjectTitle: c.."''5>~",,"" A.~ E.fwI\.. \, Project Description/Use: ? I\.-E.. , c..-t\o ~ L Assessor's Parcel No(s): ~ ~ I r::!7o ... 0 16 Legal Description (Tract, lot no.): P,Acr;2-l"~~W ar'" P.M.~~~g ILl re~loe ('~d~ , \ ~ StreetAddreSs(es):~'1vG' /,~.q.e. ~~L. ' : General Location: I ADDITIONAL PROJECT INFORMATION I Total Building Square Footage: ~ .1-vo . Zoning: v'1.- Gross Acreage: -2 . ~1 General Plan: Related Cases: 3 I ,. lIY211/200S 17: 47 1_" -.~ . 9S13043~' - PAGE 02 APPLlCANTIREPRESENTA TIVElOWNER INFORMATION APPLICANTJm:PRESENTATIVE .law I'o.....'t' ~~"t'lo CONTACT ~A"'~""I... Eo....'" - LAS' FIRST ., PHONE NO. ,""\... f.,,,\~-.,'Z..\O FAX NO. "\C"\ - f.,\'S;"'...,2.'C" ADDRESS c::>..a.tr.. ~"'9~€r.."~c. ~......-E: \'Le ~e$.."~ <:A ~Zli:"o $rf'EeT 1 CITY · STATE' ~ E-MAIL -r-..$.e€...1e....>~......T ~"'n:,.o;, i..... c..."""\ ?~"P""'''C; A ., ..... OWNER r\^"-'r', ~.......,..1,t,,____ . ~ " FI~T MI. PHONE NO. ~ ~ l - '2. s:- L- 1.{;'1 z.~ FAX NO. ~ ~ I _ '1. o"t- 'l t..~' ADDRESS E-MAIL StReeT CITY STATS. t'\.'2"....A-.w.A--. ~ {\ ~"'~~H'>_.... c:.o..." "'~ -\; '- ZIP - "'10,/""1' certify that all filing requirements have been satisfied for mY.IIppllcatlon, I further understand that ~n Incomplete application cllnno ~b J cepted for processlng.Jl"'~C.~ lJ,.&.~~ ...~~ Applicant's Signature Date: ~ ~er Certification ' , I certify under the penalty of the laws of the state of Callforhla that I am the property owner of the property that 18 the subject matter of this application and I am authorizing to and hereby do connnt to the filing of this application and acknowledge that the final approval by the City of Temecula, If any, may result In restrictions, limitations and construction obligations being Imposed oil this real property. ~ ~thOrlZed Agent Slgnatur .....;0'-n,;lDate:~-(ke- O~ - 'printName:.KJN')tp.n~()rj:till --r!Y:lrro~ Haysro U . ATTACHMENT NO.5 DRAFT MINUTES FROM MAY 4,2005 PLANNING COMMISSION HEARING G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\Staff Report CC.doc 7 I.~ MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MAY 4, 2005 DRAFT CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:41 P.M., on Wednesday, May 4, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Chairman Mathewson thanked Eve Craig for the prelude music. ALLEGIANCE Commissioner Guerriero the audience in the Flag salute. ROLL CALL Present: Commissioners Chiniaeff, Guerriero, Olhasso, Telesio, and Chairman Mathewson. Absent: None. PUBLIC COMMENTS None at this time. CONSENT CALENDAR 1 Aqenda RECOMMENDATION: 1.1 Approve the Agenda of May 4, 2005. 2 Minutes RECOMMENDATION: 2.1 Approve the Minutes of April 6, 2005. MOTION: Commissioner Guerriero moved to approve the Consent Calendar. Commissioner Olhasso seconded the motion and voice vote reflected approval with the exception of Commissioner Chiniaeff who abstained. R:IMinutesPCI050405 COMMISSION BUSINESS New Items It was the consensus of the Planning Commission to address Item Nos. 5 and 6 before Item Nos. 3 and 4. 5 Plannlnq Application No. PA05-0060 a Conditional Use Permit and Development Plan, submitted by Cassatt Academy. to construct four modular buildinqs, includinq an administration buildinq and three classroom buildinqs totalinq 5.760 square feet on 2.39 acres. located on the northeast corner of Calle Girasol and Aussie Avenue Associate Planner Peters presented a staff report (of written material), noting that staff worked with the applicant to ensure that all concerns have been addressed; however, the following Conditions of Approval have not been resolved to the satisfaction of the applicant; and that per the Development Code, when a Conditional Use Permit (CUP) accompanies a Development Plan for a new building that is less than 10,000 square feet, the matter shall be heard at a Director's Hearing; however, based on feedback from the applicants, they will be contesting standard conditions relative to street improvements, a decision was made to refer this matter to the Planning Commission; and that the applicant is contesting the following two Public Works' conditions: . That street improvement to Calle Girasol, which would include road widening and an A.C. berm (no sidewalks or streetlights). Due to cost issues, the applicant relayed that they would desire to defer the improvements until a later date. However, the Public Works' Department policy is to require improvements at the time of development . That improving the end of the entire cul-de-sac on Aussie Avenue, which would include half-width improvements plus 12 feet, and under-grounding of utilities. The applicants do not want to improve the bulb at the end of the cul-de-sac beyond the 24 feet identified on the site plan. Associate Planner Peters also relayed that the applicant would be proposing chain link fencing around a majority of the site; that according to the City's Design Guidelines, chain link fencing should not be used where it would be visible from public streets, on-site major circulation aisles, adjacent residential uses, or pedestrian uses; that fencing is needed for safety, and to meet state licensing requirements, staff has included a condition for alternative fencing that would meet licensing requirements. Fire Specialist Horton relayed that per Fire Chief Windsor, the applicant would be allowed to install one additional fire hydrant on Calle Girasol and Aussie Avenue prior to combustibles being brought onto the property as long as the existing hydrant located 310 feet from Calle Girasol would provide the minimum required fire flow; that if the fire flow could not be obtained, then a second fire hydrant would be required at lot frontage near the Fire Department turn- around on Aussie Avenue; and that the applicant would be required to provide a wet signed fire flow report from Rancho California Water District. At this time, the public hearing was opened. R:\MinutesPCI050405 2 Ms. Vicki Cochetas, the applicant, spoke in favor of the proposed project stating that Cassat Academy will use creative teaching to bring out a child's natural interest in learning; that Children will learn through painting, acting, singing and dancing; that the arts program being offered will encourage children to think creatively, build their own ideas, solve problems in more than one way, try new things without fear, and accept responsibility to complete tasks start to finish. The following courses will be offered by Cassat Academy: . Academic Program . Art Curricula . Physical Fitness . Music in Motion Classes . Character and Multicultural Education . Cassat Academy . Drawing . Poetry . Drama . Music . Dance The following individuals also spoke in favor of the proposed project for the following reasons: . Ms. Phyllis Davis . Ms. Mary Burnham . Ms. Mary Curtis . Ms. Porsche Poltl . Ms. Tanya Gault . That the chiidren will learn self-respect and integrity . That the program will offer parent-teacher partnerships, open communication, annual assessments, and weekly newsletters . That the physical fitness program will encourage a healthy lifestyle . That the academic program will prepare children for kindergarten by exceeding state standards and recognizing that every child learns differently. The following individuals spoke against the proposed project for the following reasons: . Ms. Karen Fontes . Mr. Mike Connolly . Mr. Dennis Fitz . Mr. Jerry Montante . Mr. Steve Honn . That a commercial business operation in the middle of a rural residential area is incompatible with the zoning for the area R:IMinutesPCI050405 3 . That the objective of the General Plan and Planning Commission would be to prevent commercial uses in inappropriate locations such as the proposed site . That the zoning for the proposed site would be for very low density residential, which is defined in the General Plan . That the proposed project would be incongruent with the land use definitions and would be creating considerably more noise and traffic issues . That the proposed project should be located in a more mixed-use area . That the proposed project would not benefit much from the few people living in the very low zoning designation of the Nicolas Valley . That the proposed project would significantly detract from the rural preservation area that is called out for in the General Plan . That the proposed site would be intended for single family detached homes on large lots with rural ranchette character. For the Planning Commission, Ms. Cochetas noted that due to lack of funding, she would not be able to fund the street improvements required by Public Works and would need to defer street improvements until a later date which is not known at this time. At this time, the public hearing was closed. In response to the Planning Commission's query regarding modular buildings, Associate Planner Peters relayed that after discussions with the City Attorney, it was determined that modular buildings are considered real property/permanent structures once they are place on a permanent foundation. Planninq Commissioner's concerns . That a chain link fence that is being proposed on the property does not meet the City's Design Guidelines . That the proposed architecture and design elements of the proposed one-room school house would not be desired . That the lack of desire/funds to not improve Public Works' required improvements at the time of development is a concern . That although the use is needed in the community, a commercial business operation in a rural residential area is a concern . That it is the opinion of the Planning Commission that there are too many unknowns at this time. R:IMinutesPCI050405 4 MOTION: Commissioner Chiniaeff moved to deny staff's recommendation noting that it is the opinion of the Planning Commission that there are too many unknowns on behalf of the applicant. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. 6 Planninq Application No. PA04-0582 and PA05-0070. a Zone Chanqe and Development Plan, submitted by AGK Group, for a Zone Chanqe to chanqe zoninq from Public Institutional (PI) to Planned Development Overlay (PDO-10): a Development Plan for construction of a 170.863 Sq. ft. education complex. a 18,792 Sq. ft. research and development buildinq with conference center. a pad for a 16.000 Sq. ft. day care facility. retail space totalinq 60.863 Sq. ft.. a three-story parkinq structure with 502 parkinq spaces. and 288 apartment units comprisinq 337,098 Sq. ft., for a total of 603.616 Sq. ft.: a Tentative Parcel Map (33405) to subdivide two lots totalinq 40.0 acres into 15 parcels consistinq of eiqht commercial parcels. one commercial/residential parcel, one multi-family residential parcel. and three public riqht-of-way parcels Associate Planner Fisk presented a staff report (of written material), requesting revisions to the following conditions: Development Plan (PA04-0582) Revise Condition of Approval #49c to read: "Dedicate 44' half-width street right-of-way on Cherry Street. Improve a 24' wide private street within the right-of-way." Tentative Parcel Map No. 33405 (PA05-0070) Revise Condition Condition No. 19 to read: Dedicate 44' half-width street right-of-way on Cherry Street. Improve a 24' wide private street within this right-of-way". The following are design elements require further review by staff: . That the element of an outdoor lighting plan indicating the location and design of all outdoor lighting on site (addressed by COA No. 29) . An outdoor furniture plan (COA No. 33) . Inclusion of motorcycle and bicycle parking facilities per section 17.24.040 of the Development Code (COA Nos. 34 and 35) . A sign program (COA No. 36) . Design details for the water feature to be located at the south elevation of Building (COA No. 37) . And the proposed locations, numbers, genus, species, and container size for all shrubs and ground covers (COA No 41d). At this time, the public hearing was opened. Mr. A.G. Kating, representing AGK Group, spoke in favor of the proposed project. Mr. Gary Wiggle presented a PowerPoint presentation of the proposed project showing many perspective views of the site. R:\MinutesPC\050405 5 The following individuals spoke in favor of the proposed project: . Mr. Roger Ziemer . Ms. Joan Sparkman . Mr. Pamela Voit . Mr. Aaron Kendrick . Mr. Dennis Frank Mr. Trammel, of Milgard Windows, spoke in favor of the proposed project but did express concern with the apartments of the proposed project being located too close to Milgard Windows, noting that the residents of the apartments could be impacted by noise from Milgard Windows. At this time, the public hearing was closed. The Planning Commission expressed excitement toward the new Education Complex. MOTION: Commissioner Chiniaeff moved to recommend that the City Council approve the proposed project. Commissioner Olhasso seconded the motion and voice vote reflected unanimous approval. PC RESOLUTION NO. 2005-024 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 APPROVING THAT CERTAIN AGREEMENT ENTITLED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA ND AGK GROUP, LLC" ESTABLISHING CERTAIN DEVELOPMENT RIGHTS FOR THE TEMECULA EDUCATION CENTER (PA04-0582 AND PA05-0700)" PC RESOLUTION 2005-025 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 ZONING MAP OF THE CITY OF TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED DEVELOPMENT OVERLAY (PDO-10) AND ADOPT SECTIONS 17.22.210 THROUGH 17.22.218 INCLUDING THE PDO-10 TEXT AND DEVELOPMENT STANDARDS FOR A SITE GENERALLY LOCATED AT THE NORTHWEST CORNER OF DIAZ ROAD AND DENDY PARKWAY, KNOWS AS ASSESSORS PARCEL NO. 909-370-002". R:IMinutesPCI050405 6 PC RESOLUTION NO. 2005-026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 3304 5 TO SUBDIVIDE TWO LOTS TOTALING 40.0 ACRES INTO 15 PARCELS CONSISTING OF EIGHT COMMERCIAL PARCELS, ONE MIXED-USE PARCEL, ONE MULTI-FAMILY RESIDENTIAL PARCEL, THREE PARCELS FOR PUBLIC RIGHT-OF-WAY FOR STREETS, AND TWO REMAINDER PARCELS, GENERALLY LOCATED AT THE NORTHWEST CORNER OF DIAZ ROAD AND DENDY PARKWAY, KNOWN AS ASSESSOR'S PARCEL NOS. 909-370-002 AND 909-120-019 (PA05-0070)." 3 Planninq Application No. PA05-0085. a Development Code amendment to ensure consistency with the recently updated General Plan. The primary modifications include the creation of a Rural Residential Zone, amendinq the General Plan-Zoninq District Consistencv Table. and a revision to the Official Zoninq Map to reflect chanqes made to the General Plan Land Use Map by the City Council Principal Planner Hogan presented a staff report (of written record), noting that the proposed ordinance before the Planning Commission will address the basic consistency rezoning changes that are needed to ensure minimum consistency with the General Plan and that the proposed ordinance will make the following initial changes to the Development Code as follows: . 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 . Amend the Official Zoning Map. MOTION: Commissioner Chiniaeff moved to approve staff's recommendation. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. R:IMinutesPCI050405 7 PC RESOLUTION NO. 2005-027 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 (PA05-0085)" 4 Citv-Wide Desiqn Guidelines. to comprehensivelv update the Citv-Wide Desiqn Guidelines, previouslv adopted bv the Citv Council on Februarv 25. 1997. includinq two new chapters: Sinqle-Familv Residential. and Special Standards. A new illustrated qlossarv of terms is also included in the new Desiqn Guidelines Senior Planner Papp presented the Planning Commission with a comprehensive Update of the City-Wide Design Guidelines (of written record). MOTION: Commissioner Chiniaeff moved to recommend that the City Council adopt the proposed Design Guidelines. Commissioner Guerriero-seconded the motion and voice vote reflected unanimous approval. PC RESOLUTION NO. 2005-028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A NOTICE OF EXEMPTION FOR DESIGN GUIDELINES AND APPROVE THE COMPREHENSIVE UPDATE OF THE CITY-WIDE DESIGN GUIDELINES This following item was previously addressed (pages 2-5) 5 Planninq Application No. PA05-0060 a Conditional Use Permit and Development Plan, submitted bv Cassatt Academv. to construct four modular buildinqs. includinq an administration buildinq and three classroom buildinqs totalinq 5.760 square feet on 2.39 acres. located on the northeast corner of Calle Girasol and Aussie Avenue R:IMinutesPCI050405 8 I . The following item was previously addressed on (see pages 5-7). 6 Planninq Application No. PA04-0582 and PA05-0070. a Zone Chanqe and Development Plan. submitted bv AGK Group. for a Zone Chanqe to chanqe zoninq from Public Institutional (PI) to Planned Development Overlav (PDO-10): a Development Plan for construction of a 170.863 Sq. ft. education complex. a 18.792 Sq. ft. research and development buildinq with conference center, a pad for a 16.000 Sq. ft. day care facilitv, retail space totalinq 60.863 Sq. ft.. a three-story parkinq structure with 502 parkinq spaces, and 288 apartment units comprisinq 337,098 Sq. ft.. for a total of 603.616 Sq. ft.: a Tentative Parcel Map (33405) to subdivide two lots totalinq 40.0 acres into 15 parcels consistinq of eiqht commercial parcels. one commercial/residential parcel. one multi-familv residential parcel. and three public riqht-of-way parcels COMMISSIONER'S REPORT Commissioner Olhasso expressed concern with the mannequin at the Kia dealership on Ynez Road. PLANNING DIRECTOR'S REPORT None at this time. ADJOURNMENT At 9:35 P.M., Chairman Mathewson formally adjourned this meeting to the next reQular meetinq to be held on Wednesdav. May 18. 2005 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Debbie Ubnoske Director of Planning Dave Mathewson Chairman R:IMinutesPCI050405 9 ATTACHMENT NO.6 AGENDA PACKET FOR THE MAY 4, 2005 PLANNING COMMISSION HEARING G:IPlanningI2005IPA05-0060 Cassatt Academy-CUPIPlanning\Staff Report CC,doc 8 " -'- .. . ... ,,- ORIGI NAL STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: May 4, 2005 Prepared by: Matt Peters, AICP Title: Associate Planner File Number: Application Type: Conditional Use Permit and PA05-0060 Development Plan Project Description: A Conditional Use Permit and Development Plan for Cassatt Academy Pre-school to construct four modular buildings, including an administration building and three classroom buildings totaling 6,048 square feet on 2.39 acres at the northeast corner of Calle Girasol and Aussie Avenue (APN 957-150-018). I:8J Approve with Conditions Recommendation: (Check One) D Deny D Continue for Redesign D Continue to: D Recommend Approval with Conditions D Recommend Denial CECA: (Check One) I:8J Categorically Exempt (Class) 15332 In-fill D Notice of Determination (Section) 15162 D Negative Declaration D Mitigated Negative Declaration with Monitoring Plan DEIR G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\PC STAFF REPORT. doc 1 " )j . PROJECT DATA SUMMARY Applicant: Mary Burnham, Cassatt Academy Completion Date: February 24, 2005 Mandatory Action Deadline Date: May 4, 2005 General Plan Designation: VL-Very Low Density Residential Zoning Designation: VL - Very Low Density Residential Site/Surrounding Land Use: Site: Single family North: South: East: West: Vacant undeveloped Vacant undeveloped Single family Vacant undeveloped with low-medium density residential to the southwest Lot Area: 2.39 acres Total Floor Area/Ratio 5.8 percent Landscape Area/Coverage 64.7 percent Parking Required/Provided 25 required/31 provided BACKGROUND SUMMARY [g] 1. Staff has worked with the applicant to ensure that all concerns have been addressed; however, the following issues have not been resolved to the satisfaction of staff. 1. The City of Temecula is known for attracting high quality development and vigorously enforcing its Design Guidelines. The applicant's are proposing to construct four modular buildings on the site. According to the City Attorney, modular buildings cease to be mobile or modular when they are placed on a permanent foundation. Staff recommended that the administration building incorporate a cupola, enhanced entry, or other elements to provide the impression of a rural one-room school house. Staff felt that a one-room schoolhouse, if designed properly, would provide the impression of a historic structure and might be more compatible with existing and future residential development. Thus, one building would look like the original schoolhouse, and the other buildings could be designed around it. The applicants did not incorporate the change based on cost; however they made all the changes suggested by our consulting architect, Roger Cantrell including the addition of an enhanced entry, and windows inside each of the doors to provide a safe and more inviting entry. Staff recommends that the Planning Commission consider the "one-room schoolhouse" concept in its decision. G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\PC STAFF REPORT.doc 2 . 2. The applicants are proposing chain link fencing around a majority of the site. According to the City's Design Guidelines, Chapter 3, Section B, 6, d, 4, "Chain link fencing should not be used where it is visible from public streets, on-site major circulation aisles, adjacent residential uses, or pedestrian uses." Fencing is needed for safety, and to meet state licensing requirements. Staff has included a condition for an alternative fencing that meets state licensing requirements. [8J 2. Staff has worked with the applicant to ensure that all concerns have been addressed; however, the following Conditions of Approval have not been resolved to the satisfaction of the applicant. According to the Development Code, when a Conditional Use Permit accompanies a Development Plan for a new building that is less than 10,000 square feet, the matter shall be heard at a Director's Hearing. However, based on feedback from the applicants that they will be contesting standard conditions relative to street improvements, a decision was made to refer this matter to the Planning Commission. The applicants are contesting two Public Works' conditions: 1. Improvements to Calle Girasol, which would include road widening and an A.C. berm (no sidewalks or streetlights). Due to cost issues, the applicants want to defer the improvements until a later date. However, the Public Works' Department policy is to require improvements at the time of development. 2. Improving the end of the entire cul-de-sac on Aussie Avenue, which would include half-width improvements plus 12 feet, and under-grounding of utilities. The applicants do not want to improve the bulb at the end of the cui-de sac beyond the 24 feet identified on the site plan. Application and DRC Chronoloqv A Conditional Use Permit and Development Plan were submitted on February 24, 2005. Approximately one week after the application was submitted, a meeting was held with the applicants to discuss whether or not modular buildings are permanent structures. The applicants were also informed that the subject property may be difficult to develop based on the blue line stream that bisects the property and outside agency permits that may be required by the Department of Fish and Game and the Army Corps of Engineers. Following the meeting, staff consulted with the City Attorney and it was determined that modular buildings are considered real property/permanent structures once they are placed on a permanent foundation. A DRC meeting was held March 24, 2005, and revised plans were submitted March 30, 2005. Staff again met with the applicants on April 7, 2005 to discuss the need for full frontage improvements along Calle Girasol and Aussie Avenue as required by Public Works and to provide emergency access for Fire Prevention. A final set of plans were submitted April 20, 2005. G:\Planning\2005\P A05-0060 Cassatt Academy-CUP\Planning\PC STAFF REPORT.doc 3 . PROJECT DESCRIPTION Planning Application No. PA05-0060, Cassatt Academy is a Conditional Use Permit and Development Plan to open a pre-school in the VL-Very Low Density Residential zone. Conditional Use Permit The pre-school will accommodate 64 students and 12 employees. Future growth will allow Cassatt Academy to convert the proposed multi-purpose building into two classrooms allowing for a maximum of 96 students. This project has been reviewed based on the maximum capacity. The pre-school will be in operation Monday through Friday from 8:30 am to 3:30 pm, with extended care hours from 6:30 am to 8:30 am, and 3:30 pm to 6:00 pm. There will be no regular hours of operation at night or on weekends. Development Plan The project is located at the northeast corner of Calle Girasol and Aussie Avenue. There is a blue line stream that bisects the property. The applicants are proposing four modular buildings totaling 6,048 square feet on a 2.39 acre site. An administrative building and parking lot would be located at the front of the property along Calle Girasol. A playground, multi-purpose room and two classrooms will be located on the other side of the stream connected by a foot bridge. The buildings will be arranged in a horseshoe configuration creating an additional courtyard/play area for the children. ANALYSIS Conditional Use Permit Parkina The Development Code requires one space for every two employees, and one space for every five children. According to the Statement of Operations submitted by Cassatt Academy, there will be 12 employees and 96 students at build out. Therefore, 6 employee and 19 student parking spaces will be required for a total of 25 spaces. The applicant has provided 31 spaces, including two handicapped parking stalls. Traffic Impacts and Hours of Operation According to discussions with Public Works staff and an analysis of the Statement of Operations submitted by Cassatt Academy, this project is expected to generate approximately 180 to 220 vehicle trips per day at build out (12 employees/96 students) with daily peak trips twice a day at a staggered rate in the morning and late afternoon. Variations in the estimate are based on hours of enrollment due to parent work schedules, and the number of siblings dropped off in one vehicle trip. Not every child will be dropped off or picked up at the same time. Hours of operation will be from 6:30 am to 6:00 pm Monday through Friday. There will be no regular hours of operation at night or on weekends. Traffic impacts associated with the introduction of a pre-school to this area of the City are considered negligible. G:\Planning\2005\PA05-0060 Cassatt Academy.CUP\Planning\PC STAFF REPORT.doc 4 Neiqhborhood Compatibilitv The buildings and site have been designed and conditioned to blend in with the surrounding development. In addition, the site is adequate in size and shape to accommodate the proposed pre-school including setbacks, fences, circulation, access, parking, landscaping, and other development standards prescribed in the Development Code. ANALYSIS Development Plan Site Plan The subject property is 2.39 acres, and located at the northeast corner of Calle Girasol and Aussie Avenue. Access to the administration building and parking lot has been restricted to Aussie Avenue. Currently, Aussie Avenue is an unimproved dirt road that contains a concrete crossing in the bottom of the stream channel. Due to the potential for flooding, the Fire Department is requiring a culvert crossing and turnaround in order to provide emergency services to the back of the site, which will contain the multi-purpose building, two classroom buildings, and a playground. There is a blue line mapped watercourse that runs through the center of the property. The elevation difference from the center of the property to the front is approximately 10 feet, and nearly 15-feet from the center to the back property line. A sidewalk and 5-foot wide pedestrian bridge is proposed to link the parking lot to the multi- purpose building and classrooms. A white split rail fence will be located along the front (west) and south property lines. Chain link fencing is proposed for the rest of the property, however chain link does not meet the City's Design Guidelines and staff has included a condition for an alternative fencing material that will meet state licensing requirements. Landscapinq The original Landscape Plan submitted on February 24, 2005 was too conceptual for consulting architect, Mike Elliott to provide specific comments. A more detailed Landscape Plan was not submitted until April 20, 2005. There are a few Development Code issues associated with the plan, including: · It appears that several existing, mature trees are proposed to be removed along Calle Girasol creating the need for additional shrub plantings to screen the parking lot; · A large portion of the property is proposed to have rock mulch, rather than shrubs and ground covers; . Street trees will be required along Aussie Avenue; and · The location of the trash enclosure on the Landscape Plan is different than where it is shown on the site plan. There are other issues, however staff is confident that the Conditions of Approval associated with the Development Plan can address any deficiencies. G:\Planning\2005\PAOS.0060 Cassatt Academy-CUP\Planning\PC STAFF REPORTdoc 5 Architecture The applicants are proposing four modular buildings for the site. The modular buildings will be considered permanent structures once they are placed on a foundation. Each building will have a relatively flat, 2.5/12 roof pitch. The administration building and two classroom buildings will be 24' x 60' feet. The multi-purpose room will be 24' x 72' feet. All four buildings will total 6,048 square feet. The Development Code requires modular buildings to have architectural detailing similar to permanent structures such as accentuated entrances, porch roofs, pop-out features, exposed beam ends, trim elements and windows. The buildings include shutters on all four sides, bay windows, windows inside the doors, and corner and fascia trim to match the shutters. The administration building and multi-purpose building include enhanced covered entries. All buildings will have the same color scheme including Hardi Plank Cedarmill Siding painted a cream color. The shutters, fascia, and corner trim will be painted maroon, and the window trim will be painted beige. Asphalt shingles will be Autumn Brown. ENVIRONMENTAL DETERMINATION ~ 1. In accordance with the California Environmental Quality Act, the proposed Project as conditioned has been deemed to be categorically exempt from further environmental review. (Class, 15332, In-fill Development) This project is less than 5 acres in size and occurs within the City limits. A biology report, including a focused field survey for the presence of burrowing owls was completed for the Cassatt Academy property. This report concluded that the site has no value as habitat for endangered, rare, or threatened species. This project has been conditioned that all necessary permits associated with onsite septic systems, blue line stream and the stream's associated floodplain shall be acquired prior to issuance of a grading permit by the City of Temecula. A phase 1 archaeological survey was also completed for the site. This report concluded that no impacts to cultural resources will result from this project. Approval of the project as conditioned will not result in any significant effects relating to traffic, noise, air quality, or water quality. The site can be adequately served by all required public utilities and public services. CONCLUSION/RECOMMENDATION: Staff recommends approval of Planning Application No. PA05-0060, Cassatt Academy Pre- school (Conditional Use Permit/Development Plan) based on the findings and the attached Conditions of Approval. FINDINGS Conditional Use Permit (Code Section 17.040.010E) 1. The proposal is consistent with the land use designations and standards identified in the City of Temecula General Plan and Development Code. The site is properly planned and zoned, and found to be physically suitable for the type of proposed use. As conditioned, the project is also consistent with other requirements of state law and local ordinances, including the California Environmental Quality Act (CEQA). G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\PC STAFF REPORT.doc 6 ,. 2. As conditioned, the proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings, and structures. The buildings and site have been designed to blend in with the surrounding development, and therefore will not adversely affect the adjacent uses, structures, or buildings. 3. The site is adequate in size and shape to accommodate the proposed pre-school including setbacks, fences, circulation, access, parking, landscaping, and other development standards prescribed in the Development Code. 4. The proposed conditional use for a pre-school will not be detrimental to the health, safety, and general welfare of the community because the proposed project is providing a service that is needed by the community and it has been design and conditioned to minimize any adverse impacts. Development Plan (Code Section 17.05.01 OF) 1. The proposed use has been reviewed and is in conformance with the General Plan and Development Code, and with all requirements of state law. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare because the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the project has been reviewed and conditioned to comply with the uniform building and fire codes. ATTACHMENTS 1. Vicinity Map - Blue Page 8 2. Plan Reductions - Blue Page 9 3. PC Resolution No. 2005-_ (Conditional Use Permit) - Blue Page 10 Exhibit A - Conditions of Approval 4. PC Resolution No. 2005-_ (Development Plan) - Blue Page 11 Exhibit A - Conditions of Approval 5. Statement of Operations - Blue Page 12 G:\Planning\2005\PAOS.Q060 Cassatt Academy-CUP\Planning\PC STAFF REPORT.doc 7 ATTACHMENT NO.1 VICINITY MAP G:lPlanning120051P A05-OO60 Cassatt Acaderny-CUPlPtanninglPC STAFF REPORT.doc 8 , _./~ "'~o .;.,r:,o-J' /' / ~-_.. - w ATTACHMENT NO.2 PLAN REDUCTIONS G:\Planning\2005\P AOS-006D Cassatt Academy-CUP\Planning\PC STAFF REPORT-doc 9 I ' J - Ie ~ 11',"II"II'w.,,,- .~~~ 11'11' -....- ~'-,- . I ~Y.l""1'C1lI_"""''''ll !llIrllllll ~3:i1L J B:l H Y .L1 llii!llill .LlI 0 d M 1I N -......,-, fiG .....""'"'" IJ.OoOi~'l518.N.d"Y II .. ~~ - ~ .. "OjUI ':JIIIOJd. ,IIIIIIS 1I1J!!._ j II. , I "I I , ., , II ill l! I ilB I I i IdiHI! ,- I 'III !II i ,I Ill!;.' II " I;" II ,I 11 I , " I! ' , I. I I u r I I" j Pll I I I ., !,ll' 111'1 1',_ "! .! . I II r. I f II i I I I I ! I I il,ll,' '1!II!lll 1,1!111 ',1,',11 il,',11 ,I I ii ! I! II il ! Ii ~ ! ~ I - i. ," ~ I ~II : I:!:: : It . . II 01 . 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I Ii 0 i ! ; . - I " , . ~ . 11 z I , f? 0 ~ I' !-) . ~ II I ~Il ~i I ~ , , 110 F' 0 w ," . ~ I I , I (II, !-) I ro -=.\\ .~~ ATTACHMENT NO.3 PC RESOLUTION NO. 2005-_ (Conditional Use Permit) G:\Planning\2005\PAOS.OO60 Cassatt Academy-CUP\Planning\PC STAFF REPORT.doc to PC RESOLUTION NO. 2005 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0060, A CONDITIONAL USE PERMIT APPLICATION TO OPERATE A PRE-SCHOOL WITH A MAXIMUM CAPACITY OF 96 STUDENTS BETWEEN THE HOURS OF 6:30 AM TO 6:00 PM MONDAY THROUGH FRIDAY (NO REGULAR HOURS OF OPERATION AT NIGHT OR ON WEEEKENDS), AND CONSTRUCT FOUR MODULAR BUILDINGS, INCLUDING AN ADMINISTRATION BUILDING AND THREE CLASSROOM BUILDINGS TOTALING 6,048 SQUARE FEET ON 2.39 ACRES AT THE NORTHEAST CORNER OF CALLE GIRASOL AND AUSSIE AVENUE. WHEREAS, Mary Burnham filed Planning Application No. PA05-0060, in a manner in accord with the City of Temecula General Plan, and Development Code; WHEREAS, Planning Application No. PA05-0060 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No. PA05-0060 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 and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Planning Commission Hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA05-0060 subject to the conditions after finding that the project proposed in Planning Application No. PA05-0060 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. FindinQs. The Planning Commission, in approving Planning Application No. PA05-0060 (Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010 of the Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposal is consistent with the land use designations and standards identified in the City of Temecula General Plan and Development Code. The site is properly planned and zoned, and found to be physically suitable for the type of proposed use. As conditioned, the project is also consistent with other requirements of state law and local ordinances, including the California Environmental Quality Act (CEQA). G:IPlanning\2005IPA05-0060 Cassatt Academy-CUPIPlannlnglReso and COAs.doc I B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures; As conditioned, the proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings, and structures. The buildings and site have been designed to blend in with the surrounding development, and therefore will not adversely affect the adjacent uses, structures, or buildings. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in this Development Code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood; The site is adequate in size and shape to accommodate the proposed pre-school including setbacks, fences, circulation, access, parking, landscaping, and other development standards prescribed in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed conditional use for a pre-school will not be detrimental to the health, safety, and general welfare of the community because the proposed project is providing a service that is needed by the community and it has been design and conditioned to minimize any adverse impacts. Section 3. Environmental Compliance. A Notice of Exemption has been prepared pursuant to Section 15332, Class 32, In-Fill Development Projects, of the California Environmental Quality Act (CEQA). No further environmental review is required for the proposed project. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No.PA05-0060 (Conditional Use Permit) Cassatt Academy pre- school located at the northeast corner of Calle Girasol and Aussie Avenue, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. G:\Planning\2005IPA05-0060 Cassatt Academy-CUPIPlanninglReso and COAs.doc 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 4th day of May 2005. Dave Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 4th day of May 2005, by the following vote of the Commission: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\200S\PAOS.0060 Cassatt Academy-CUP\PJanning\Reso and COAs.doc 3 f EXHIBIT A DRAFT CONDITIONS OF APPROVAL (Conditional Use Permit) G:IPlanning\2005IPA05-0060 Cassatt Academy-CUPIPlanninglReso and COAs.doc 4 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA05-0060 Project Description: A Conditional Use Permit for Cassatt Academy to operate a pre-school with a maximum capacity of 96 students between the hours of 6:30 am to 6:00 pm Monday through Friday (no regular hours of operation at night or on weekends), and construct four modular buildings, including an administration building and three classroom buildings totaling 6,048 square feet on 2.39 acres at the northeast corner of Calle Girasol and Aussie Avenue. Approval Date: May 4, 2005 Expiration Date: May 4, 2007 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicanVdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 211 08(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicanVdeveloper has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. G:\Plannlng\2005\PA05-0060 Cassatt Academy-CUPIPlanninglReso and COAs.doc 5 3. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 4. The Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three, one-year extensions of time, one year at a time. 5. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 6. The applicant shall comply with their Statement of Operations received April 20, 2005 and contained on file with the Planning Department, unless superceded by these conditions of approval. 7. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 8. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 9. If at any time during excavationlconstruction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the determination is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name G:\Plannlng\2005\PA05-0060 Cassatt Academy-CUPIPlanninglReso and COAs.doc 6 I ATTACHMENT NO.4 PC RESOLUTION NO. 2005-_ (Development Plan) G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\PC STAFF REPORT.doc 11 PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0060, A DEVELOPMENT PLAN APPLICATION TO CONSTRUCT FOUR MODULAR BUILDINGS, INCLUDING AN ADMINISTRATION BUILDING AND THREE CLASSROOM BUILDINGS TOTALING 6,048 SQUARE FEET ON 2.39 ACRES AT THE NORTHEAST CORNER OF CALLE GIRASOL AND AUSSIE AVENUE. WHEREAS, Mary Burnham filed Planning Application No. PA05-0060, in a manner in accord with the City of Temecula General Plan, Development Code; WHEREAS, Planning Application No. PA05-0060 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No. PA05-0060 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 and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Planning Commission Hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA05-0060 subject to the conditions after finding that the project proposed in Planning Application No. PA05-0060 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinos. The Planning Commission, in approving Planning Application No. PA05-0060 (Development Plan) hereby makes the following findings as required by Section 17.05.020 of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all the applicable requirements of state law and other ordinances of the City; The proposed use has been reviewed and conditioned, and is in conformance with the General Plan and Development Code, and with all requirements of state law. B. The overall development of the land is designed for the protection of the public, health, safety and general welfare; The overall development of the land is designed for the protection of the public health, safety, and general welfare because the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the project has been reviewed and conditioned to comply with the uniform building and fire codes. G:IPlanning\2005\PA05-0060 Cassatt Academy-CUPlPlanninglReso and COAs.doc 7 , Section 3. Environmental Compliance. A Notice of Exemption has been prepared pursuant to Section 15332, Class 32, In-Fill Development Projects, of the California Environmental Quality Act (CEQA). No further environmental review is required for the proposed project. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. PA05-0060 (Development Plan) Cassatt Academy pre- school located at the northeast corner of Calle Girasol and Aussie venue, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission on this 4th day of May 2005. Dave Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 4th day of May 2005, by the following vote of the Commission: AYES: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Plannlng\2005IPA05-0060 Cassatt Academy-CUPlPlanninglReso and COAs.doc 8 EXHIBIT A DRAFT CONDITIONS OF APPROVAL (Development Plan) G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\Reso and COAs.doc 9 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA05-0060 Project Description: A Development Plan to construct four modular buildings, including an administration building and three classroom buildings totaling 6,048 square feet on 2.39 acres at the northeast corner of Calle Girasol and Aussie Avenue. DIF: Service Commercial TUMF: Service MSHCP: Commercial Approval Date: May 4, 2005 Expiration Date: May 4, 2007 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\Reso and COAs.doc 10 City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. 4. The Director of Planning may, upon an application being filed within thirty days prior to expiration, and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time. 5. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 6. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 7. Trash enclosures shall be provided to house all trash receptacles utilized on the site. 8. The development of the premises shall substantially conform to the approved Site Plan, Grading Plan, Building Elevations, Floor Plans, Landscape Plan, and the Color and Material Board contained on file with the Planning Department, or as amended by the conditions herein. 9. The Landscaping Plan shall be amended as follows: a. Existing healthy trees shall be saved where grading and/or construction is not to occur as directed by the Planning Director. Landscape construction plans shall show these existing trees and shall identify them by scientific name and the tree caliper. Perimeter fencing shall be relocated as appropriate to allow existing trees to remain. b. All shrubs shall be installed from a minimum 5 gallon size container. Sub shrubs (i.e. Agapanthus, Hemerocallis) may be planted from 1 gallons. c. Limonium perezii is not zoned for the Temecula area. A substitute shall be provided as approved by the Planning Director. d. Code requires parking areas to be screened. Additional shrub plantings shall be installed along both Calle Girasol and Aussie Avenue as approved by the Planning Director to provide for this requirement. e. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. A 3' clear zone shall be provided around fire check detectors as required by the Fire Department. Utilities shall be grouped together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Planting beds shall be designed around utilities. All light poles shall be located on the iandscape plans and shall not conflict with trees. G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\Reso and COAs.doc II f. Street trees shall be provided at the rate of one per 45' of street frontage on Aussie Avenue. Trees shall be of the same species. g. Areas designated as rock mulch shall be substituted with shrubs and ground covers as approved by the Planning Director. h. The applicant shall insure that mature plantings will not interfere with utilities, adjacent site existing structures and landscaping and traffic sight lines. All traffic sight lines shall be shown on the landscape construction plans. i. Code requires a minimum 5' width planting area at the ends of all parking rows. The planter length is to be equal to the adjoining parking space. The planter is to contain a minimum of one tree, shrubs and ground covers. Plans shall be revised to provide for these requirements. j. Code requires a minimum of one broad canopy type tree per 4 parking spaces. The trees shall be in close proximity to the parking spaces they are to shade. Plans shall be revised as appropriate to provide for this requirement. k. Shrubs and ground covers shall be planted below trees within the parking finger islands as approved by the Planning Director. I. A landscape maintenance program shall be submitted for approval with the landscape construction plans, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carryout the detailed program. m. The applicant is advised that the City of Temecula has adopted an efficient water use plan. Landscape plans will be required to meet all requirements. n. Additional shrubs shall be installed along the northwest property line to the west of the administration building as approved by the Planning Director. 10. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 11. The condition of approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the condition of approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. COLOR SCHEDULE Siding Roofing Field Color Hardi Plank Select Cedar Mill Owens Corning Fundamental Series Autumn Brown Olympic Paint Heavy Cream C14-2 G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\Reso and COAs.doc 12 Trim Color Window Trim Color Olympic Paint Bordeaux C35-6 Olympic Paint Stony Creek D13-4 12. The applicant shall paint a 3-foot x 3-foot section of the building for Planning Department inspection, prior to commencing painting of the building. 13. Any outside wall-mounted lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. Details of these lights shall be submitted to the Planning Department during plan check for review prior to installation. The installation of wall pack style light shall not be used along the street side elevations. Prior to the Issuance of Grading Permits 14. The applicant shall provide evidence that all permits associated with the blue line stream and its associated floodplain have been secured from including, but not limited to, Riverside County Environmental Health, Army Corps of Engineers, Department of Fish and Game, and US Fish and Wildlife. 15. The applicant shall provide confirmation from Riverside County Environmental Health that the percolation tests will allow for septic systems, and the systems have been properly placed and meet all setback requirements. 16. The applicant shall have the project reviewed by Riverside County for conformance with the Airport Land Use Compatibility Plan at a properly noticed public hearing. A copy of the conditions shall be forwarded to the City. The applicant shall be required to apply to the City to modify this approval if Riverside County applies conditions that are inconsistent with these conditions of approval. 17. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. 18. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. 19. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the determination is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner G:\Planning\2005\PAOS-0060 Cassatt Academy-CUP\Planning\Reso and COAs.doc 13 that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." Prior to the Issuance of Building Permits 20. A separate building permit shall be required for all signage. 21. The applicant shall submit a detailed plan for the employee area. This area shall include decorative furniture and hardscape to match the style of the building subject to the approval of the Director of Planning. 22. The applicant shall submit a detailed plan for the foot bridge, playground equipment, and garden planters subject to the approval of the Director of Planning. 23. The applicant shall provide an alternative fencing material to the chain link fencing identified on the Site Plan. The new fencing shall meet state licensing requirements. .' 24. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 25. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval. These plans shall conform substantially to the approved Conceptual Landscape Plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with the approved plan). e. Submit an agronomic soils report with Construction Landscape Plans. f. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. Prior to the Issuance of Occupancy Permits 26. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet wall are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\Reso and COAs.doc 14 mansard roof element or other screening if reviewed and approved by the Director of Planning. 27. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 28. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released upon request by the applicant. 29. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." 30. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 31. All site improvements including but not limited to parking areas and striping shall be installed prior to occupancy or any use allowed by this permit. 32. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PUBLIC WORKS DEPARTMENT Unless otherwise noted, all conditions shaU be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\Reso and COAs;doc 15 . General Requirements 33. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 34. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 35. All improvement plans and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Grading Permit 36. A copy of the grading, improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to the issuance of any permit. 37. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 38. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 39. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 40. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. 41. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 42. NPDES - The project proponent shall implement construction-phase and post- construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction- G:\Planning\2005\P A05-D060 Cassatt Academy-CUP\Planning\Reso and COAs.doc 16 phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 43. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Riverside County Flood Control and Water Conservation District b. Planning Department c. Department of Public Works 44. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 45. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 46. The Developer shall obtain any necessary letters of approval or slope easements for off- site work performed on adjacent properties as directed by the Department of Public Works. 47. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 48. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone A. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. 49. A drainage channel and/or flood protection wall will be required to protect the structures by diverting sheet runoff to streets, or to a storm drain. Prior to Issuance of a Building Permit 50. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\Reso and CQAs.doc 17 a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveway shall conform to the applicable City of Temecula Standard No. 207A. c. Improvement plans shall extend 300 feet beyond the project boundaries. d. Minimum centerline radii shall be in accordance with City of Temecula's Standard NO.113. e. All street and driveway centerline intersections shall be at 90 degrees. f. Public Street improvement plans shall include plan and profile showing existing topography, utilities, proposed centerline, top of curb and flowline grades. 51. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Calle Girasol (Collector Road Standards - 66' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, AC berm, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). b. Improve Aussie Avenue (Local Road Standards - 60' R/W) to include dedication of half-width street right-of-way plus twelve feet, installation of half-width street improvements plus twelve feet, paving, AC berm, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). 52. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. 53. The Developer shall construct the following public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Street improvements, which may include, but not limited to: pavement, AC berm, drive approaches, signing and striping as appropriate. b. Storm drain facilities. c. Sewer and domestic water systems. . d. Under grounding of proposed utility distribution lines. 54. The building pad shall be certified to have been substantially constructed in accordance witj1 the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Er:!'gineer shall issue a Final Soil Report addressing compaction and site conditions. 55. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 56. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. G:\Planning\2005\PAOS.0060 Cassatt Academy-CUP\Planning\Reso and COAs.doc 18 Prior to Issuance of a Certificate of Occupancy 57. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 58. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 59. The existing improvements shali be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. BUILDING DEPARTMENT 60. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 61. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 62. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 63. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 64. Obtain all building plans and permit approvals prior to commencement of any construction work. 65. Obtain street addressing for all proposed buildings prior to submittal for plan review. 66. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1,1998) 67. Provide disabled access from the public way to the main entrance of the building. 68. Provide van accessible parking located as close as possible to the main entry. G:\Planning\2005\PAOS-0060 Cassatt Academy-CUP\Planning\Reso and COAs.doc 19 69. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 70. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 71. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 72. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. As applicable 73. Provide precise grading pian at plan check submittal to check accessibility for persons with disabilities. 74. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 75. Show all building setbacks. 76. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays FIRE DEPARTMENT 77. Final. fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code 2001 (CBC), California Fire Code 2001 (CFC), NFPA 72 and related codes which are in force at the time of building plan submittal. 78. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1750 GPM at 20 PSI residual operating pressure, pius an assumed sprinkler demand of N/A GPM for a total fire flow of 1750 GPM with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III-A) 79. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum of 2 hydrants, in a combination of on-site and off-site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. Please show locations of proposed G:\Planning\2005\PAOS.OO60 Cassatt Academy-CUP\Planning\Reso and COAs.doc 20 and existing fire hydrants on final plan submittal. Also show related property lines on plans for reference. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) 80. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site or public fire hydrants are required. (CFC 903.2) 81. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-de-sac shall be forty-five (45) feet. (CFC 902.2.2.2.3 and Subdivision Ord 16.03.020) 82. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) 83. Prior to building construction, all locations where structures are to be built shall have approved Fire Department vehicle access road. Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the buhding(s). Fire Department access roads shall be an all weather surface designed for 80:000 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 84. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 8704.2 and 902.2.2.2) 85. Please show engineering detail of proposed culvert on final plan submittal as an elevated all weather surface capable of supporting 80,000 GVW. 86. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) 87. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 88. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approvai signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\Reso and COAs.doc 21 89. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 90. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 91. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for occupancy or use, the developer shall install a State Fire Marshal approved fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted under separate permit to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 92. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) 93. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) 94. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. This may be provided with Final plan submittal. COMMUNITY SERVICES DEPARTMENT General Conditions 95. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 96. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 97. The Applicant shall comply with the Public Art Ordinance. 98. All parkways, landscaping, fencing and on site lighting shall be maintained by the property owner or maintenance association. Prior to issuance of Building Permits 99. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\Reso and COAs.doc 22 -. 100. Prior to the first building permit or installation of street lighting which ever occurs first, the developer shall complete the TCSD application process, submit an approved Edison Streetlight Plan and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name G:\Planning\2005\PAOS.OO60 Cassatt Academy.CUP\Planning\Reso and COAs.doc 23 .. ATTACHMENT NO.5 STATEMENT OF OPERATIONS G:\Planning\2005\PAOS.OO60 Cassatt Academy-CUP\Planning\PC STAFF REPORT.doc 12 Statement of Operations @ ~cc~~w~ ~ ~ APR ~ 0 2005 f!J By Cassatt Academy is a preschool founded by educators, parents, and child , -",...' 1MV. S E"L,. fIf" 3' 'T / advocates in diverse fields whose goal is to provide a unique preschool experience combining academic excellence with a comprehensive fme and performing arts program. Cassatt's academic program prepares every child for kindergarten by exceeding state standards and recognizing that every child learns differently. lbis preschool is working in unison with local artists and art groups from the community to provide a unique and enriching opportunity for children. Cassatt Academy will be in operation Monday through Friday from 8:30 A.M. to 3:30 P.M., with ex1ended care hours from 6:30 A.M. to 8:30A.M. and 3:30P.M. to 6:00 P.M. (There will be no regular hours of operation at night or on weekends.) Students arrive and depart at different intervals throughout the day. The average daily peak trips will be twice a day at a staggered rate, as all the students will not arrive at the same time. It is estimated that 15 cars will arrive between 6:30 a.m. and 7:30 a.m., the remaining cars will arrive between 7:30 a.m. and 8:30 am.. There will also be several cars that will have siblings thus reducing the traffic by approximately 20% at any given time. The students will be leaving at vaIious times depending on the programs they are enrolled in, some will leave at 12:30 p.m., most of the students will (approximately 30 to 45) depart between 3:30p.m. and 4:00 p.m. and the rest by 6:00 p.m. Cassatt Academy plans to open with four classrooms and a multipurpose room with full capacity of 64 students. Future growth will allow Cassatt to have an additional two classrooms expanding maximum capacity to 96 stUdents. I . . Cassatt will provide a parking area with 31 spaces that will exceed the city's parking lot requirements. There will be no need for any special equipment or processes used. There will be no hazardous materials. Statement of Justification Cassatt Academy has identified a high demand in the community for additional preschools evidenced by two year wajtlists or full capacity enrollments at comparable preschools. Cassatt Academy will help meet the needs of our growing community and provide excellence in education and childcare. Cassatt Academy searched for over two years to find a suitable property that not only accommodates the academic and art programs but will also benefit and enhance Temecula at large. This facility will meet, and supercede, the area measurements for state licensing requirements. Cassatt Academy is highly committed in providing an environment where its students will feel safe and at home. This property is the ideal location, because it is in a rural area, yet it is accessible. A waterway divides the property into two portions. The front portion borders Calle Girasol and Aussie Avenue. There will be an administrative building and parking lot on this portion. On the back portion of the property there will be classrooms and a multipurpose room. There will be a footbridge to 'facilitate this connection. The purpose behind this design is intended for the safety of the children and creative use of the large acreage. 2 ATTACHMENT NO.7 PETITION OF OPPOSITION G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\Staff Report CC.doc 9 _ . Yahoo! Mail- jwmontante@yahoo.com " ,'~ j.: Page I of2 "l!'.AHOO'~ MAIL - Pe~~ -"1 ~/YY1 ::::, ~ P(4'V.flH:I br VlJTSIDE IN' Print - Close Window HTML EXPORT TO: Temecula Planning Commission FROM: The Undersigned Residents of lhe Nicolas Valley RE: Conditional Use Permit for Cassatt Academy We oppose lhis CondiIional Use Permil in our developing neighborhood, an area lhat provides some of the lasl rural character for lhe CiIy. While day care private day care cenlers and schools are needed in Temecula, we feel that lheir plan 10 build a commercial business operation in lhe middle of our rural residential area is totally incompalible with the zoning for the area. The objective of our General Plan and Planning Commission is to prevent commercial uses in inappropriate locations. The zoning in our neighborhood is for very low density residential. This is very clearly defined in our current General Plan: ".. .intendcd to provide for the development of single family detached homes on large lots with rural ranchette character of development. This designation is also consistent with large lot residences that keep horses and other animals, or utilize a portion of the land for agricultural production." In addilion, the current draft revision of lhe General Plan calls for lhe Nicolas VaHey 10 be a rural preservation area. The Cassatt Academy request is incongruent with these land use definitions and would result in considerably more noise and lraffic. This lype of developmenl should be in a more commercially-oriented area. The proposed variance will discourage future home construction in this area and lead to a more mixed-use area that is inconsistent with our General Plan. In addilion, the Cassatt Academy will benefit very few, if any people living in the very low zoning designation of lhe Nicolas Valley. The greal majority of lhose who would use the faciliIy would be from the outlying lract housing developments. We have already been impacted with a huge increase in traffic on Calle Girasol from continued residential developmenl, and the Cassatt Academy will only significantly add to iI and detracl from the rural preservalion area thaI we desire and that the General Plan calls for. When we chose 10 maintain our rurallifestylc, we gave up a significant potential to subdivide our land and make a subslanlial financial gain. Please help our rural neighborhood develop inlo the quality residential area thaI we are striving for and nol allow a variance thaI would be so incompatible wilh our lifestyle in this neighborhood. Name Signature Address '36QDl R\\Iu-\m\ l.li(o..l.. 2. ~lt.\en uM~0\)qb'1 ~\~ La....z... 3. '1i,,~ --;:~ ~ J /('"7..5 &./~ 6/.,'r--4.'\ '1f/ r 4. AI'l.nt.~~ 3/&15 M/(. {,/r'i-t1>! 5.f-i Wr-e A 0 ( Q~~ u 1!~/iJt:~1# '3 /7/5 C<. II Q, t ~"'-r' 5 6."3\"". ~..,~W)15 (L..II~ l'kc.p".s Z. i2.w,l/liu<> fVJil{/i~ ~ '1601-<; W/!LUJrf uN 8/-r;;:((, ~&'("~<;~ -1'-.:. ~.....--,- c.-' '16h7/~ {llakJiLr0 9.Mern~ MMfanre.. t1J1aJ,Ju~ {f~JL ;a/60S' ~d!le {ni-a5oi It>. G.~ MIW1fVJ~ ~~ 31 bOS: CALI.S- <3.l/b'\ 5.13'- http://us,f315.maiI.yahoo.com/ym/ShowLetter?box=Inbox&MsgId=4023 2938 281 1162... 4/30/2005 .,.. / ;y r ~ &J.t1rtd~ ~ {&vn S-- TO: Temecula Planning Commission FROM: The Undersigned Residents of the Nicolas Valley RE: Conditional Use Permit for Cassatt Academy We oppose this Conditional Use Permit in our developing neighborhood, an area that provides some of the last rural character for the City. While day care private day care centers and schools are needed in Temecula, we feel thaI their plan to build a commercial business operation in the middle of our rural residential area is totally incompatible ,.,ith the zoning for the area The objective of our General Plan and Planning Commission is to prevent commercial uses in inappropriate locations. The zoning in our neighborhood is for very low density residential. This is very clearly defined in our current General Plan: " ... intended to provide for the development of single family detached homes on large tots with rura1 ranchette character of development. This designation is also consistent with large lot residences that keep horses and other animals, or utilize a portion of the land for agricullw"al production. " . In addition, the current draft revision of the General Plan calls for the Nicolas Valley to be a rura1 preservation area The Cassatt Academy request is incongruent with these land use definitions and would result in considerably more noise and trnffic. This type of development should be in a more commercia11y-oriented area. The proposed variance will discourage future home construction in this area and lead to 8 more mixed-use area that is inconsistent with our General Plan. In addition, the Cassatt Academy will benefit very few, if any people living in the very low zoning designation of the Nicolas Valley. The great majority of those who would use the facility would be from the outlying tract housing developments. We have already been impacted willi a huge increase in traffic on Calle Girasol from continued residential development, and the Cassatt Academy will only significantly add to it and detract from the rura1 preservation area that we desire and that the General Plan calls for. When we chose to maintain our rura1lifestyle, we gave up a significant potential to subdivide our land and make a substantia1 financial gain Please help our rura1 neighborhood develop into the quality resideutial area that we are striving for and not allow a variance that would be so incompallble with our lifestyle in this neighborhood. 6. 7. 8. 9. 10. 11. lb II 14. li ~T6. 12 Si D VD/ttlt)" (/1 -;;;1111117 en _)C, Supplemental Material For Item No. 32 June 10,2005 To Members of Temecula City Council: This is a Petition from Cassatt Academy consisting of parents, local artists, and neighbors of the property in support of the proposed preschool at 39960 Calle Girasol. Many of the signatures were gathered at the Children's Art in the Park festival, Cassatt's waitlist, from talking with the neighboring property owners, and from numerous art organizations who support the project. Out of the 109 petitioners, 81 of them are T emecula residents. 21 petitioners live within approximately a half mile of the property. Ten home owners, residing within a 600' radius of the property, support Cassatt Academy and welcome having the school in their neighborhood. Two home owners living on Jeffrey Heights, Raymond and Odette Derobert have written a letter on Cassatt Academy's behalf. The Deroberts own three parcels directly adjacent to the property. Deborah Eddy, another peighbor on Amberly Circle, has also written a letter on Cassatt Academy's behalf. Thank you for accepting this petition on Cassatt Academy's behalf. Representing Cassatt Academy, Cassatt Academy, an academic preschool with an emphasis in the fine and performing 'arts, requests your support for the construction ofits preschool on 39960 Calle Girasol in Temecula. The school will consist of landscaped grounds, an administration building and parking area on the front portion of the property and two classroom buildings and a multi-purpose building on the back portion. These buildings are designed to compliment and enhancct the area and meet the criteria from the General Plan (schools and community cwe facilities we permitted in residential designations). The buildings are pennanent structures, with horizontal lap siding, gabled roofs, countly shutters, half glass doors, porches and pit set foundations, requiring no ramping. The waterway that divides this property will be fenced on both sides to insure the safety of the children (Army Corps of Engineers and the Department of Fish and Game). The amount of traffic contributed to the area is negligible according to the public works department. The amount of noise is minimal, considering the only noise from this school with be that of children playing and learning (as opposed to machinery operating or other obtrusive sounds). There will be 64 students enrolled at fJrst, with a lI1liximum capacity of92. The operating hours of the school are traditional school hours, with extended care offered to working parents - 8 a.m. to 3 p.m., with no regular classes on weekends. Cassatt Academy bas worked diligently with all city departments, including the fll'e department to assure that the plans are safe and compatible the area. Please see the attached plans, letters and comments. If you or someone you know would be interested in attending Cassatt Academy please check the last column. Print Name Si~^ ~ss . Yes I )1)(lV{:~O(Jk~ ~ r-- \j 3\4'6\ ~\\^flli~~J;U.M&.Oa. V'" ~ )"d.\?<lA\JcfC.,;>('~ 30'103 V-\\I\6J!"f".,) '\..\C). \t?--'~rl.l(A / 3 )-HrArlOnYlP 3/()32 Oa.ll..e Av-~0) )eli\Qw~O-.- 1/ Lf) . P 1.bO,11 sf JlLltal1 &/, tUumMV\ \I 6) ()~ M11 ~ 1/ ~.. V %') CJ );6'ei1da /1,' 10 iNde.~ \e:m, v -/ Cassatt Academy, an acodemic preschool with an emphasis in the fine and performing arts, requests your support for the Construction of its preschool on 39960 CalIe Girasol in Temecula. The school wilI consist of landscaped grounds, an administration building and parking area on the' . front portion of the property and two classroom buildings and a multi-purpose building on the back portion. These buildings are designed to compliment and enhance the area and meet the criteria from the General Plan (schools and community care facilities are permitted in residential designations). The buildings are permanent structures, with horizontal lap siding, gabled roofs, country shutters, half glass doors, porches and pit set foundations, requiring no ramping. The waterway that divides this property wilI be fenced on both sides to insure the safety of the children (Army Corps of Engineers and the Department of Fish and Game). The amount of traffic contributed to the area is negligible according to the public works department. The amount of noise is minimal, considering the only noise from this school with be that of children playing and learning (as opposed to machinery operating or other obtrusive sounds). There will be 64 students enrolled at ftrst, with a maximum capacity of 92. The operating hours of the school are traditional school hours, with extended care offered to working parents - 8 a.m. to 3 p.m., with no regular classes on weekends. Cassatt Academy has worked diligently with ail city departments, . including the fire department to assure that the plans are safe and compatible the area. Please see the attached plans, letters and comments. If you or someone you know would be interested in attending Cassatt Academy please check the last column. Print Name ~i~ Address . If)~~"AOO ~ ItUSl '1)\7l:ArJ1:l L,v )d2~~~S~D6c.1..S;~~.1~ )3)~lW\~ Lt4JJ4'nJ 2212.1 .Blue-bet""! ICWIC,. v.;;\JOWW'lrt- ~ /1) 2..'g-~ +'1rt~t~:PI;"'~{'+ ~"e . IS) :, 2l>"z()y",C{+,e ic-x:ofut- LaYY)O('~ I~ ..~ ~€..' T~ r7>~ .Lowno 2..C{3&s -Ur,l~(A)(l ~l ~/ JtJ~ W~1A 7kR3lJ Euefljf!JJ.Lu ~ ~ jq),1/11J~ WfLl~~W uP3Lf EI/Nl6ILf6V kC I!LML/tf'J.4- 'J,rJ) 5vdt' ~ MaJ( YW::t.JiJ.._ T ~ Yes Cassatt Academy, an academic preschool with an emphasis in the fine and performing arts, requests your support for the construction of its preschool on 39960 Calle Girasol in Temecula. The school will consist of landscaped grounds, an administration building and parking area on the front portion of the property and two classroom buildings and a multi-purpose building on the back portion. These buildings are designed to compliment and enhance the area and meet the criteria from the General Plan (schools and community care facilities are permitted in residential designations). The buildings are pennanent structures, with horizontal lap siding, gabled roofs, country shutters, half glass doors, porches and pit set foundations, requiring no ramping. The waterway that divides this property will be fenced on both sides to insure the safety of the children (Army Corps of Engineers and the Department of Fish and Game). The amount of traffic contributed to the area is negligible according to the public works department. The amount of noise is minimal, considering the only noise from this school with be that of children playing and learning (as opposed to machinery operating or other obtrusive sounds). There wiIl be 64 students enrolled at fIrSt, with a maximum capacity of 92. The operating hours of the school are traditional school hours, with extended care offered to working parents - 8 a.m. to 3 p.m., with no regular classes on weekends. Cassatt Academy has worked diligently with all city departments, including the fire department to assure that the plans are safe and compatible the area. Please see the attached plans, letters and comments. If you or someone you know would be interested in attending Cassatt Academy please check the last column. Print Name Si JI )C."",~ Lc~ ~)~JA, ;}3)5HERj MJ3~~ J. Y ):::t:brj~ VPnn{'rJ {/ ~~OA1t ;Q(dJ( I? 1/ un (i I r- . Co rma..- C4 /)bJ fli:flut IMtPfX0 Y67t)l) ~J'.o ~W ei ~cuf)~ a.(P) r\.~~~~lw 0Q'2t\ -.d:::!~lliaft)~ ~\s:?.:lO ("'ill I":. ViiV';l1h'2~ ~r> ~I\ke fD~ 3]c2-1 Cd/(c V,lYJdl/lJ 'P/J1<C'-lI~ d.1L1k~ffi~sbqt1~r. ~ rP'lfeC1ft /'" 2JV)::f'u<u Ao,,-tz-. ~\ ('.D.d.~ 'N\(}..d_p'f(l Lbt(e'E/_s/V\/Jre Address 2~1 fb.10\ ~~d-, ~k ~eG~O\. y~ ~ (A JetY'e( u. {e? Cassatt Academy, an academic preschool with an emphasis in the fine and performing arts, requests your support for the construction of its preschool on 39960 Calle Girasol in Temecula. The school will consist of landscaped grounds, an administration building and parking area on the front portion of the property and two classroom buildings and a multi-purpose building on the back portion. These buildings are designed to compliment and enhance the area and meet the criteria from the General Plan (schools and community care facilities are permitted in residential designations). The buildings are permanent structures, with horizontal lap siding, gabled roofs, country shutters, half glass doors, porches and pit set foundations, requiring no ramping. The waterway that divides this property will be fenced on both sides to insure the safety of the children (Army Corps of EngiMers and the Department of Fish and Game). The amount of traffic contributed to the area is negligible according to the public works department. The amount of noise is minimal, considering the only noise from this school with be that of children playing and learning (as opposed to machinery operating or other obtrusive sounds). There will be 64 students enrolled at first, with a lIIliximum capacity of 92. The operating hours of the school are traditional school hours, with extended care offered to working parents - 8 a.m. to 3 p.m., with no regular classes on weekends. Cassatt Academy has worked diligently with all city departments, including the fire department to assure that the plans are safe and compatible the area. Please see the attached plans, letters and comments. If you or someone you know would be interested in attending Cassatt Academy please check the last column. Print Name Signature '~A dress 'D <' _ I Yes 3( ) U~OA- ~UbJH4.A-t I DB]rbf d-M iEf"...~..IN (L t../" ~ tt< kef 3;).J1i:,Il..LA. ~ilA(f]) -1&--.., 0 ~AILt: hL4-TAIlI>J T&AJl'rl'/ po 9;s911 .,./ 33 fmmlif fl/fU+ ,~J/e-I:ft Il~< J1Sfq(J UIlf1(~q2~qJ..r ~r)~Pl~A ?~ ~p ~1-. L,),~Cj{P,/ 3?) . ~ \JtVl(/~''ffs.r Cf~ 3(P )Mo#/ ~ ~/kjf}g-.. '12/;0/(5 V 3it~_~ WMo17*J 12-<;'tl $~"tt~t13nkt~ptQ.VlU:>.2}150 CCtlk (ft-k,~o 12fGqi /' 34)~~ 4l'ilb'tCo.d~-b ~ 'l;6<ti ~D) J...."'~\_ L O\~'? 3q ,?c.?' \<. \(,\6\~ ~ t ~ ~<Z ~"' Q,75 q I Cassatt Academy, an academic preschool with an emphasis in the fine and performing arts, requests your support for the construction of its preschool on 39960 Calle Girasol in Temecula. The school will consist of landscaped grounds, an administration building and parking area on the front portion of the property an~ two classroom buildings and a multi-purpose building on the back portion. These buildings are designed to compliment and enhance the area and meet the criteria from the General Plan (schools and commwlity care facilities are permined in residential designations). The buildings are pennanent structures, with horlzontallup siding, gabled roofs, country shutters, balf glass doors, porches and pit set foundations, requiring no ramping. The waterway that divides this property will be fenced on both sides to insure the safety of the cbildren (Army Corps of Engineers and the Departrmnt of Fish and Game). The amount of traffic contributed to the area is negligible according to the public works department. The amount of noise is minimal, considering the only noise from this school with be that of children playing and learning (as opposed to machinery operating or other obtrusive sounds). There will be 64 students enrolled at first, with a maximum capacity of92. The operating hours of the school are traditional school hours, with extended care offered to working parents - 8 a.m. to 3 p.m., with no regular classes on weekends. Cassatt Academy bas worked diligently with all city departments, including the fire department to assure that the plans are safe and compatible the area. Please see the attached plans, letters and comments. . If you or someone you know would be interested in attending Cassatt Academy please check the last column. Ptin:t.N~~ I .. Si .<f/~\ Yv/ ~~7 if;.) . 43>). 3D 1.(1) ,6 'Q9'6' , ( lj6) We.Q}}Ilw\ ~O m.'<',,- UIfj J} i:E .,~ tf~) . e. ~3QJl ~r~f< CA~~2 ~ q'{l c,:;;' ~5~5I'Alt.JIlo.r~dn-x."'..~ Q:t5"9.:2 ij~~ ;}-1"iIJ(o~. it YoAfO ~ ~db~ /.r Bl13t1~n,.~~ 9AS72- bO)(; h~O< -r ~ ~ ?~ ^3/nv tVlJOIUrrt. J~cul&'J cl} . i'Zst /C-A T~cJ~~ V Cassatt Academy, an academic preschool with an elliphasis in the fine and performing arts, requests your support for the construction of its preschool on 39960 Calle Girasol in Temecula. The school will consist of landscaped grounds, an administration building and parking area on the front portion of the property and two classroom buildings and a multi-purpose bUilding on the back portion. These buildings 1IR designed to compliment and enhance the area and meet the criteria from the General Plan (schools and commU1lity care facilities are permitted in residential designatioM). The buildings are pennanent structures, with horizontal lap siding, gabled roofs, counlIy shutters, half glass doors, porches and pit set foundations, requiring no ramping. The waterway that divides this property will be fenced on both sides to insure the safety of the children (Army Corps of Engineers and the Department of Fish and Game). The amount of traffic contributed to the area is negligible according to the public works department The amount of noise is minimal, considering the only noise from this school with be that of children playing and learning (as opposed to machinery operating or other obtrusive sounds). There will be 64 students enrolled at first, with a 11lliximum capacity of 92. The operating hours of the school are traditional school hours, with extended care offered to working parents - 8 a.m. to 3 p.m., with no regular classes on weekends. Cassatt Academy has worked diligently with all city departments, including the fue department to assure that the plans are safe and compatible the area. Please see the attached plans, letters and comments. If you or someone you know would be interested in attending Cassatt Academy please check the last column. Address . Yes / ~ 'e ~ 'h- e.t3o ;?q~\O Cit\l.t-fo.!II ~W\Q.}\'Je. f.\v((;~ '~2.. . 31'893...B....~cooodJ>r. @oh~ L.t:.q)."j3.l V :JfO)t//1'441~1 ('j- ~$w-t. ?,frrll J . . ~ . YJ.S"tJ.-./ .'" ~59 ) . 5)f)1.3 tJOJ<.I-\-;LLD~1~~ 92~1 D 6..'( \-tT 1\ &.. ~ACa 92 59\ I I 'J ,~blA-q~ 3/0-2 I to/de, "'-LLJt11' ~c.u ~ I CA qQ5 Cassatt Academy, QI/ academic preschool with QI/ emphasis in the fine and performing arts, requests your support for the construction of its preschool on 39960 Calle Girasol in Temecula. The school will consist of landscaped grounds, an administration building and parking arel! on the front portion of the property and two classroom buildings and a multi-purpose building on the back portion. These buildings are designed to compliment and enhance the area and meet the criteria from the General Plan (schools and community care facilities are permitted in residential designatiollS). The buildings are permanent structures, with horlzontallap siding, gabled roofs, country shutters, half glass doors, porches and pit set foundations, requiring no ramping. The waterway that divides this property will be fenced on both sides to insure the safety of the children (Army Corps of Engineers and the Department of Fish and Game). The amount of traffic contributed to the area is negligible according to the public works department. The amount of noise is minimal, considering the only noise from this school with be that of children playing and learning (as opposed to machinery operating or other obtrusive sounds). There will be 64 students enrolled at first, with a maximum capacity of 92. The operating hours of the school are traditional school hours, with extended care offered to working parents - 8 a.m. to 3 p.m., with no regular classes on weekends. Cassatt Academy has worked diligently with all city departments, including the fire department to assure that the plans are safe and compatible the area. Please see the attached plans, letters and comments. If you or someone you know would be interested in attending Cassatt Academy please check the last column. ~N~ ~O . Print Name Si // Address , I ~_ &I)J)!iTIV€ ^ ef- '3/1/5;)- (J/f-k/-f-/LL. !Jr? ~r (Pd-};S\~ ~~-v, 5)t~fo ~~ \~ .\<\ -al ~~e(3.~~ld.e,.., 310~1 O::l)to-1I11 PR... Os ~L{)Mdi.f,Sdl 3e",er;4e.;31l)74--0~ ~ /1,) I4\A ~\A...('t 107'1 O-o/1A1.4L-l(j) ~ )]11\ 1\ fA- ~ VI (~ ~~) \. JM) foi ?D)5 ~:3 TtM~c..,4- ego"""?! ~S7' q 251/ '7z-'>il o Cassatt Academy, an academic preschool with an emphasis in the fine and performing arts, requests your support for the construction of its preschool on 39960 Calle Girasol in Temecula. The school will consist of landscaped grounds, an administration building and parking area on the front portion of the property and two c1assroom buildings and a multi-purpose building on the back portion. These buildings are designed to compliment and enhance the area and meet the criteria from the General Plan (schools and community care facilities are permitted in residential . designations). The buildings are permanent structures, with horizontal lap siding, gabled roofs, country shutters, half glass doors, porches and pit set foundations, requiring no ramping. The waterway that divides this property will be fenced on both sides to insure the safety of the children (Army Corps of Engineers and the Department of Fish and Game). The amount of traffic contributed to the area is negligible according to the public works department The amount of noise is minimal, considering the only noise from this school with be that of children playing and learning (as opposed to machinery operating or other obtrusive sounds). There will be 64 students enrolled at first, with a nuiximum capacity of 92. The operating hours of the school are traditional school hours, with extended care offered to working parents - 8 a.m. to 3 p.m., with no regular classes on weekends. Cassatt Academy has worked diligently with all city departments, including the fire department to assure that the plans are safe and compatible the area. Please see the attached plans, letters and comments. 'no If you or someone you know would be interested in attending Cassatt Academy please check the last column. p~ Si 7/)...., JII.,.. 1.)..)J\a ~(,Jl r n/.<( e 13) 1 - 7S'~~ 71.1 bJ ~a l/ .'-e.s ) ) ) ) Ct 378'')$'( ~~ () ('eel. Yes X 'x *-. /21_ ,A' Cassatt Academy, an academic preschool with an emphasis in the fine and performing arts, requests your support for the lXlnstruction of its preschool on 39960 Calle Girasol in Temecula. The school will consist of landscaped grounds, an administration building and parking area on the front portion of the property and two classroom buildings and a multi-purpose building on the back portion. These buildings are designed to compliment and enhance the area and meet the criteria from the General Plan (schools and community care facilities are permitted in residential designations). The buildings are permanent structures, with horizontal lap siding, gabled.roofs, country shutters, half glass doors, porches and pit set foundations, requiring no ramping. The waterway that divides this property will be fenced on both sides to insure the safety of the children (Army Corps of Engineers and the Department of Fish and Game). The amount of traffic lXlntributed to the area is negligible according to the public works department. The amount of noise is minimal, considering the only noise from this school with be that of children playing and learning (as opposed to machinery operating or other obtrusive sounds). There will be 64 students enrolled at ftrst, with a l11liximum capacity of 92. The operating hours of the school are traditional school hours, with extended care offered to working parents - 8 a.m. to 3 p.m., with no regular classes on weekends. Cassatt Academy has worked diligently with all city departments, including the fue department to assure that the plans are safe and compatible the area. Please see the attached plans, letters and comments. If you or someone you know would be interested in attending Cassatt Academy please check the last column. Print Name Si '1)~ '1y) D"",J f1de.. n \A.~ j 1'V'~"Cfg q!h1'i 3J3JI c/VHeLA . .., &1>}~jdE~&a'N1^.J~~M5d-"""" 3 1375' R"NF,"'/.-/j. ).. IV ~\) 1<j~vJ,leovjU~JJd..IM_" [{(JOll <;mVv-{}'l C'-b., &d) ~r,,^P.l5 ~() .d'"J , . ~ Co '1 q ,.4-"" \oJ U" I ~ '{ (' ire k Yes j V / iS9 ~ vs) ) 7h4J.. !bJ5 Ar-bu''1 {.Y/iA- 3~m~ .3 ~~ 5 0/'" /~ 7 V- V ~ Cassatt Academy, an academic preschool with an emphasis in the fine and performing arts, requests your support for the construction of its preschool on 39960 Calle Girasol in Temecula. The school wiD consist of landscaped grounds, an administration building and parking area on the front portion of the property and two classroom buildings and a multi-purpose building on the . back portion. These buildings are designed to compliment and enhance the area and meet the criteria from the General Plan (schools and community care facilities are permined in residential designations). The buildings are permanent structures, with horizontal lap siding, gabled roofs, country shutters, half glass doors, porches and pit set foundations, requiring no ramping. The waterway that divides this property will be fenced on both sides to insure the safety of the children (Army Corps of Engineers and the Department of Fish and Game). The amount of traffic contnbuted to the area is negligible according to the public works department. The amount of noise is minimal, considering the only noise from this school with be that of children playing and learning (as opposed to machinery operating or other obtrusive sounds). There will be 64 students enrolled at fJl'St, with a maximum capacity of 92. The operating hours of the school are traditional school hours, with extended care offered to working parents - 8 a.m. to 3 p.m., with no regular classes on weekends. Cassatt Academy has worked diligently with all city departments, including the fire deparbnent to assure that the plans are safe and compatible the area. Please see the attached plans, letters and comments. If you or someone you know would be interested in attending Cassatt Academy please check the last column. Yes X Sf;{{l> eo,vA <2-1 It.. ~/i<2.<I'-A q I 6 gc.~ cp,"^" I.g(f{7 Q.e1.. R..-~ , ~~7~' q3 8~()hQn'\l~ q~ lflA0A~ CJS- 10~ . -P-- q~ql Cassatt Academy, an academic preschool with an emphasis in the fine and performing arts, requests your support for the construction of its preschool on 39960 Calle Girasol in Temecula. The school will consist of landscaped grounds; an administration building and parking area on the front portion of the property and two classroom buildings and a multi-purpose building on the back portion. These buildings are designed to compliment and enhance the area and meet the criteria from the General Plan (schools and community care facilities are permitted in residential designations). The buildings are permanent structures, with horlzontallap siding, gabled roofs, country shutters, half glass doors, porches and pit set foundations, requiring no ramping. The waterway that divides this property will be fenced on both sides to insure the safety of the children (Army Corps of Engineers and the Department of Fish and Game). The amount of traffic contributed to the area is negligible according to the public works department. The amount of noise is minimal, considering the only noise from this school with be that of children playing and learning (as opposed to machinery operating or other obtrusive sounds). There will be 64 students enrolled at fl1"St, with a maximum capacity of 92. The operating hours of the school are traditional school hours, with extended care offered to working parents - 8 a.m. to 3 p.m., with no regular classes on weekends. Cassatt Academy has worked diligently with all city departments, including the fire department to assure that the plans are safe and compatible the area. Please see the attached plans, letters and comments. If you or someone you know would be interested in attending Cassatt Academy please check the last column. Address Yes 60~~'L~ ~~.c.\. ~ :-s'19"T L . ~ J...+633 '#a...l-rl pr~ ~~. -YP.,S --'#5- F- ~ \t>~ C k...;1 -lJf1- . 3\1f\\ m\\\\o~ \0;) Kla,'("~\fur~\-mQ..~'5~ \.011 \'i\1f("n~3 ) ) Print Name Si~ q~ ) lLl...:........ Clh( 7e.iI< ~"iiJ Cassatt Academy, Q1I academic preschool with an emphasis in the fine and performing arts, requests your support for the construction of its preschool on 39960 Calle Girasol in Temecula. The school will consist of landscaped grounds, an adminislration building and parking area on the front portion of the property and two classroom buildings and a multi-purpose building on the back portion. These buildings are designed to compliment and enhance the area and meet the criteria from the General Plan (schools and community care facilities are permitted in residential designations). The buildings are permanent structures, with horizontal lap siding, gabled roofs, country shutters, half glass doors, porches and pit set foundations, requiring no ramping. The waterway that divides this property will be fenced on both sides to insure the safety of the children (Army Corps of Engineers and the Department of Fish and Game). The amount of traffic contributed to the area is negligible according to the public works department. The amount of noise is minima~ considering the only noise from this school with be that of children playing and learning (as opposed to machinery operating or other obtrusive sounds). There will be 64 students enrolled at first, with a maximum capacity of 92. The operating hours of the school are traditional school hours, with extended care offered to working parents - 8 a.m. to 3 p.m., with no regular classes on weekends. Cassatt Academy has worked diligently with ail city departments, including the fire department to assure that the plans are safe and compatible the area. Please see the attached plans, letters and comments. If you or someone you know would be interested in attending Cassatt Academy please check the last column. ~V- ddre3'15<' .bS'"' CI"I-",-,7;-e(@ y~s ~ ) ) ) ) ) Cassatt Academy, an academic preschool with an emphasis hi the fine and performhlg arts, requestll your support for the construction of its preschool on 39960 Calle Girasol in Temecula.. The school will consist of landscaped grounds, an administration building and parking area on the front portion of the property and two classroom buildings and a multi-purpose building on the back portion. These buildings are designed to compliment and enhanCe the area and meet the criteria from the General Plan (schools and community care facilities are permitted in residential designatiollS). The buildings are pennanent structures, with horizontal lap siding, gabled roofs, country shutters, half glass doors, porches and pit set foundations, requiring no ramping. The waterway that divides this property will be fenced on both sides to insure the safety of the children (Army Corps of Engineers and the Deportment of Fish and GOJl(1). The amount of traffic contributed to the area is negligible according to the public workS department The amount of noise is minimal, considering the only noise from this school with be that of childr-!1n playing and learning (as opposed to machinei)' operating or other obtrusive sounds). There will be 64 . students enrolled at first, with a inaximum capacity of 92. The operating hours of the school are traditional school hours, with extended care offered to working parents - 8 a.m. to 3 p.m., with no regular classes on weekends. Cassatt Academy has worked diligently with all city departments, including the fire department to assure that the plans are safe and compatible the area. Please see the attached plans, letters and comments. If you or someone-you know would be interested in attending Cassatt Academy please check the last column. Print Name ) I05)~ef1fL7..; ~ 6ft71c- /11J(IAJ"'t...- lDt(>.A~.w(}VJ~tfl/770 M~RJ. \ 07) fuSA CAA1J . QAK?l V~ W~ lUN1<e~ lO'r). tOyi S~~ at')ll oO~ M ~Ur..... fO"/) V/i,Mk. 064'dA/( ill ~ Signature Address Yes vi ) ) ) ) Page 1 ofl Debbie Ubnoske From: Debbie Eady [debble_eady@yahoo.com) Sent: Monday, June 06. 2005 9:21 PM To: mbumham@cassattacademy.com SubJect: Debbie Eady To Whom it May Concern: I live at 40048 Amberley Circle, in Temecula I understand that the Cassatt Academy has the intent of being a preschool with an emphasis on the arts. I cannot imagine a better platfonn for a young child to open their awareness to the arts and to teach them the disciplines necessary to attain those goals. I appreciate very much the idea of a school of this nature being in our neighborhood; employing the talents oflocal artists for exposure to the arts and possibly even personal instruction for these young children. The potential for a young child exposed to the arts is limitless for their personal development both creatively and successfully as they attain even small accomplishments relative to their age and eventually give back to their community. I am excited to see one more avenue of educational growth in Temecula, a community commmitted to family and children in a safe, nurturing and loving environment. Debbie Eady Realtor Youth Leader Swuidge Community Church 06109/2005 ITEM 33 , APPROVAL CITY ATTORNEY DIR. OF FINAN CITY MANAGER . CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Shawn Nelson, City Manager DATE: June 14, 2005 SUBJECT: Review and Adoption of the FY 2005-06 Annual Operatin9 Budget PREPARED BY: Genie Roberts, Director of Finance t Jason Simpson, Assistant Finance Director ~ RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 2005-06 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 2. Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 3. Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2005-06 1 DISCUSSION: Attached is the proposed FY 2005-06 Annual Operating Budget. The budget includes revenue projections and expenditure requests for the General Fund, Gas Tax Fund, Law Enforcement Grant Fund, Internal Service Funds and Community Development Block Grant Fund. The City of Temecula remains in a healthy financial condition. Based upon the Finance Department's revised estimate of revenues and expenditures for the current fiscal year, it appears that most revenue estimates will be met or exceeded, and that actual expenditures will be less than the budgeted appropriation amounts for an estimated total savin9s of $1,000,000, allowing additional funding to be programmed into the City's Capital Improvement Pro9ram. On May 18, 2005, the City Council held a workshop to review and discuss the proposed operatin9 budgets. No adjustments were recommended to the General Fund Annual Operating Budget. Current Condition-State of California Mav Revision Budllet The Governor's 2004 May Revision package included a temporary two-year local government reduction of $1.3 biilion statewide annually. The package also came with the Governor's promise to support a constitutional amendment that would guarantee revenue stability and mandate reform for local governments, which was overwhelmingly passed by Califomia voters in the form of Proposition 1A in November 2004. The City's proposed share of the statewide reduction is $990,800 for FY05-06. The Governor's 2005 May Revise includes an acceleration of approximately 50% or $633,000 of the VLF Gap Repayment originally proposed to be fully paid in FY06-07 of$1.3 million. City staff will continue to monitor the status of the State's Budget for further potential impacts as information is released by the Governor's office. General Fund Revenues The projected General Fund revenues are $57.76 miilion for FY 2005-06 which reflects a $5,523,831 or 10.6% increase from the FY 2004-05 revenue estimates. The primary increases are due to the annexation of Redhawk development effective June 30, 2005. Some of the significant revenue increases are summarized below: > $2,880,000 increase in Sales Tax (to $29,200,000) > $669,198 increase in reimbursements from Capital Improvement Projects > $621,890 increase in Motor Vehicle in Lieu - State of California > $494.441 increase in Property Taxes > $411,344 increase in Operatin9 Transfers In > $410,270 increase in VLF Property tax -in-lieu > $344,000 increase in T ASIN revenues > $303,299 increase in Franchise Fees > $268,000 increase in Plan Check fees > $200,000 in Vehicle Code Fines General Fund Expenditures The proposed budget of $56.1 million reflects an increase in General Fund expenditures of $4,227,863 or 8.2% from the FY 2004-05 budget. The primary increases affecting the General Fund include: 1) Police contract costs due to the addition of fourteen (14) sworn positions, 2) an increase in the "REST" contribution, 3) allocation for retiree health medical contributions, and 4) sales tax sharing agreement with the County regarding Redhawk annexation. 2 Eight new positions are proposed to be added to the schedule of authorized positions due mainly to support the Redhawk annexation. The total net annual cost of these positions is approximately $545,705. Department Planning Public Works Public Works Public Works TCSD Support Services Building and Safety Position Code Enforcement Officer Assistant Signal Technician Lead Maintenance Worker Maintenance Worker Lead Maintenance Workers (2) 50% Office Assistant (Conversion from Project) Office Specialist (Conversion from Project) During each budget cycle, the City Manager's Office reviews the organizational structure of each department to ensure that employees are performing work that is appropriate for the needs of the department and in accordance with the City's classification plan. Six position reclassifications are proposed, at a total annual incremental cost of $21,033 for the position upgrades. The personnel schedule also includes a change in job titles with no additional cost for two positions: (1) from Deputy Building Official to Deputy Director of Building and Safety and (2) from Assistant Engineer to Assessment District Specialist. A summary of the proposed position upgrades is as follows: Department TCSD Human Resources Code Enforcement Public Works Planning Building and Safety Proposed Position Senior Management Analyst Senior HR Analyst Code Enforcement Officer II Senior Office Specialist Senior Office Specialist Office Specialist Current Position Management Analyst HR Analyst Code Enforcement Officer Office Specialist Office Specialist Office Assistant The proposed budget continues the City's practice of relying on project or temporary help to meet short-term needs. Included in the proposed budget is approximately $849,764 in project and temporary help costs, which represents 5.77% of the City's total General Fund personnel cost budget. Following is a summary of the significant items by department in the FY 2005-06 proposed budget: Citv Manaoer ~ Includes $40,000 funding for a federal lobbyist ~ Includes $42,000 funding for a state lobbyist. Plannino/Code Enforcement ~ Reflects an increase due to the addition of a Code Enforcement Officer position Police ~ The following modifications are proposed to sworn staffing levels, exceeding the City's ratio of one sworn officer per thousand residents: . Addition of seven patrol officers . Addition of two motorcycle officers . Addition of one school resource officer to be funded by the City . Addition of two investigators and two sergeants as provided for through the contract rate with the County . Addition of two community service officers (non-sworn) 3 J;o The City's ratio of one sworn officer per thousand residents will be exceeded by 5.5 officers (total of fourteen sworn positions added). J;o Includes continued funding to support the Community Action Patrol ("CAP") program which would utilize citizen volunteers to perform certain functions. Fire J;o Reflects funding a Dedicated Fire Chief position at mid-year. Non-Departmental J;o The "REST" program contribution to TCSD is proposed to be increased by $1,125,000 from $3,725,200 to $4,850,200. Operatino Transfers Out J;o A $1,985,785 transfer to the Capital Improvement Program is proposed. INTERNAL SERVICE FUNDS Following is a discussion of significant items in the proposed Internal Service Fund budgets: Insurance J;o Includes increase in $25,000 for property insurance premium cost increases Vehicles J;o One replacement and four new additional vehicle purchases are proposed as follows: J;o Replacement: . City Manager: one (1) new replacement vehicle; the Dedicated Fire Chief will receive the City Manager's current vehicle J;o New: . Code Enforcement: one (1) new midsize truck for Code Enforcement Officer . Public Works: one (1) Utility Truck for New Maintenance Crew . Public Works: one (1) BucketTruck for Traffic Division (Signal maintenance) . TCSD: one (1) Utility Truck extended cab Information Systems J;o No significant changes Support Services J;o No significant changes Facilities J;o No significant changes 4 "Gann" Appropriations Limit In accordance with Government Code Section 7910, the City Council is required on an annual basis to adopt by resolution the "Gann" Appropriations Limit. The Appropriations Limit creates a restriction on the amount of revenue that can be appropriated in any fiscal year. The Limit is increased each year based on the growth of population, inflation, and non-residential assessed valuation. Using population data provided by the State Department of Finance, and assessed valuation information provided by the City's property tax consultant HdL, Coren & Cone, the City's Appropriations Limit for FY 2005-06 has been computed to be $67,857,726. Appropriations subject to the limit in the proposed FY 2005-06 budgettotal of $42, 165,014, which is $25,692,712 less than the computed limit. Additional appropriations to the budget funded by non-tax sources such as service charges, restricted revenues from other agencies, grants, or beginning fund balances would be unaffected by the A ppropriations Limit, however, any supplemental a ppropriations funded through increased tax sources could not exceed the $25,692,712 variance indicated above. Further, any overall actual receipts from tax sources greater than $25,692,712 from the budget estimates will result in proceeds from taxes in excess of the City's Appropriations Limit, requiring refunds of the excess within the next two fiscal years, or voter approval to increase the City's Appropriations Limit. FISCAL IMPACT: The proposed FY 2005-06 General Fund operating budget is a balanced budget that provides for an excess of General Fund revenues over operating expenditures of $1,662,883 (before operating transfers), and provides $1.99 million to be transferred to the Capital Improvement Program. The proposed budget provides for a $11.2 million designation for economic uncertainties, and maintains existing funds for open space acquisition as of June 30, 2005. Attachments: -Resolution No. 05- -Resolution No. 05- -Resolution No. 05- -FY 2005-06 Proposed Annual Operating Budget 5 RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 2005-06 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS WHEREAS, the City Council of the City of Temecula has reviewed the proposed final FY 2005-06 annual operating budget and has held such public meetings as are necessary prior to adoption of the final operating budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. That certain document now on file in the office of the City Clerk of the City of Temecula entitled "City of Temecula FY 2005-06 Annual Operating Budget" is hereby adopted. Section 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the City Manager. C. The City Council must authorize transfers (appropriations) of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. The City Council must authorize any changes to the Schedule of Authorized Positions. The City Manager may authorize the hiring of temporary or part time staff as necessary within the limits imposed by the controls listed above. E. The City Manager may authorize expenditures offunds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires City Council action. F. Pursuant to Section 3.32.050 of the Municipal Code, the City Manager may authorize Public Works contracts in amounts up to $25,000. Any expenditures of Public Works funds in excess of $25,000 require City Council action, except that the City Manager may approve change 0 rders 0 n Public Works contracts approved by the Council in a mounts up to project contingency established by Council. Section 3. Outstanding encumbrances shown on the City books at June 30, 2005 are hereby appropriated for such contracts or obligations for FY 2005-06. Section 4. The City Clerk shall certify adoption of the resolution. 6 PASSED, APPROVED AND ADOPTED, by the City Council ofthe City ofTemecula this 14th day of June 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, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 05-_ was duly and regularly adopted by the City Council of the City ofT emecula at a regular meeting thereof held on the 14th day of June, 2005, by the following vote of the City Council: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk 7 RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS WHEREAS, pursuant to the authority under Chapter 2.12.030 of the City's Municipal Code, the City Manager has the authority to hire, set salaries and adopt personnel policies: and, WHEREAS, the City Manager has recommended and the City Council now wishes to adopt the Revised Scheduie of Authorized Positions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. The attached Schedule of Authorized Positions (Exhibit A) is hereby adopted pursuant to Section 45001 of the California Government Code. Such list is attached to this Resolution and incorporated herein by this reference. Section 2. The Schedule of Authorized Positions shall become effective July 1, 2005, and may be thereafter amended. Section 3. The City Manager shall implement the attached Schedule of Authorized Positions and has the authority to select and appoint employees in accordance with the City's personnel policies. Section 4. All prior resolutions and parts of this resolution in conflict with this Resolution are hereby rescinded. Section 5. The City Clerk shall certify to the adoption of this Resolution. 8 PASSED, APPROVED AND ADOPTED this 14th day of June 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, City Clerk of the City of T emecula, do hereby certify that the foregoing Resolution No. 05-_ was duly and regularl~ adopted by the City Council of the City ofTemecula at a regular meeting thereof held on the 14t day of June 2005, by the following vote of the City Council: NOES: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: AYES: ABSENT: Susan W. Jones, CMC City Clerk 9 ',; EXHIBIT A CITY OF TEMECULA, CALIFORNIA SCHEDULE OF AUTHORIZED POSmONS PROPOSED FY200S/06 Authorized Exempt/ ~ Minimum Maximum NonExemot Buildina &. Safety ADMINISTRATIVE ASSISTANT 1.00 $3,033 $3,882 NE BUILDING INSPECTOR II 7.00 $3,823 $4,894 NE BUILDING INSPECTOR III 1.00 $4,138 $5,297 NE COMMUNITY DEVELOPMENT TECH 4.00 $3,160 $4,047 NE DEPUTY DIRECTOR, BUILDING & SAFETY 1.00 $5,749 $7,360 E DIRECTOR, BUILDING & SAFETY 1.00 $7,188 $9,199 E OFFICE ASSISTANT 1.00 $2,121 $2,715 NE OFFICE 5PECIAUST 3.00 $2,287 $2,928 NE PLAN CHECKER/BLDG INSPECTOR 1.00 $4,138 $5,297 NE SENIOR BUILDING INSPECTOR 1.00 $4,561 $5,837 E Building & Safety Subtotals: 21.00 City Clerk ADMINISTRATIVE ASSISTANT 1.00 $3,033 $3,882 NE CENTRAL SERVICES COORDINATOR 1.00 $2,602 $3,330 NE CITY CLERK/PIR OF SUPPORT SERV 1.00 $7,188 $9,199 E DEPUTY DIR OF SUPPORT SERVICES 1.00 $5,526 $7,076 E MINUTE CLERK 1.00 $3,033 $3,882 NE OFFICE ASSISTANT 1.00 $2,121 $2,715 NE OFFICE SPECIAUST 2.00 $2,287 $2,928 NE SR. RECORDS COORDINATOR 1.00 $3,199 $4,095 NE City Clerk Subtotals: 9.00 City Council COUNCILMEMBER 5.00 $0 $903 E City Council Subtotals: 5.00 City Manaaer\Human Resources ADMINISTRATIVE ASSISTANT 1.00 $3,033 $3,882 NE ASSIST ANT CITY MANAGER 1.00 $9,723 $12,446 E ASST TO CITY MNGR/HR DIRECTOR 1.00 $7,188 $9,199 E CITY MANAGER 1.00 $0 $13,863 E EXECUTNE ASSISTANT 1.00 $4,007 $5,130 E SENIOR HUMAN RESOURCES ANALYST 1.00 $4,850 $6,209 E HUMAN RESOURCES SPECIAUST 1.00 $3,585 $4,589 E MARKETING COORDINATOR 1.00 $4,849 $6,209 E SENIOR MANAGEMENT ANALYST 1.00 $5,357 $6,858 E City Manager\Human Resources Subtotals: 9.00 Community Services ADMINISTRATIVE ASSISTANT 1.00 $3,033 $3,882 NE AQUATICS SUPERVISOR 1.00 $3,758 $4,811 NE CULTURAL ARTS ADMINISTRATOR 1.00 $5,769 $7,386 E CUSTODIAN 2.00 $2,270 $2,906 NE PEPUTY DIR. OF COMMUNITY SVCS 1.00 $6,876 $8,801 E DEVELOPMENT SVCS ADMINISTRATOR 1.00 $5,785 $7,405 E DIRECTOR OF COMMUNITY SERVICES 1.00 $8,583 $10,986 E FACILITY MAINTENANCE COORD. 1.00 $3,133 $4,009 NE LANDSCAPE INSPECTOR 2.00 $3,221 $4,121 NE LEAD MAINTENANCE WORKER 4.00 $3,179 $4,066 NE MAINTENANCE SUPERVISOR 1.00 $4,449 $5,694 E MAINTENANCE SUPT. - TCSD 1.00 $5,466 $6,996 E MAINTENANCE WORKER 3.00 $2,700 $3,456 NE SENIOR MANAGEMENT ANALYST 1.00 $5,357 $6,858 E MUSEUM SERVICES MANAGER 2.00 $3,863 $4,947 NE OFFICE SPECIAUST 3.00 $2,287 $2,928 NE PARK/LANDSCAPE MAINT SUPV 1.00 $4,449 $5,694 E 1 of 3 EXHIBIT A CITY OF TEMECULA, CALIFORNIA SCHEDULE OF AUTHORIZED POSmONS PROPOSED FY200S/06 Authorized Exemptl &9.l!!tt. Minimum Maximum NonExemDt PATRON SERVICES COORDINATOR 1.00 $3,221 $4,121 NE RECREATION COORDINATOR 1.00 $3,069 $3,928 NE RECREATION SUPERINTENPENT 1.00 $5,769 $7,386 E RECREATION SUPERVISOR 3.00 $3,758 $4,811 NE SENIOR LANDSCAPE INSPECTOR 1.00 $3,701 $4,738 NE SENIOR RECREATION COORDINATOR 1.00 $3,376 $4,321 NE THEATER TECHNICAL SUPERVISOR 1.00 $3,376 $4,321 NE THEATRE MANAGER 1.00 $4,659 $5,964 E Community Services Subtotals: 37.00 Finance ACCOUNTANT 1.00 $3,903 $4,997 NE ACCOUNTING ASSISTANT 2.00 $2,524 $3,230 NE ACCOUNTING SPECIAUST 2.00 $2,920 $3,735 NE ACCOUNTING SPEOAUST -PAYROLL 1.00 $2,920 $3,735 NE ADMINISTRATIVE ASSISTANT 1.00 $3,033 $3,882 NE ASSISTANT DIRECTOR OF FINANCE 1.00 $6,815 $8,724 E 8USINESS UCENSE SPEC/CASHIER 1.00 $2,610 $3,341 NE DIRECTOR OF FINANCE 1.00 $8,583 $10,986 E FISCAL SERVICES MANAGER 1.00 $5,984 $7,660 E PURCHASING COORDINATOR 1.00 $2,920 $3,735 NE REVENUE MANAGER 1.00 $5,357 $6,858 E SENIOR ACCOUNTANT 1.00 $4,982 $6,378 E SENIOR DEBT ANALYST 0.50 $5,357 $6,858 E Finance Subtotals: 14.50 Fire ADMINISTRATIVE ASSISTANT 1.00 $3,033 $3,882 NE OFFICE SPECIAUST 1.00 $2,287 $2,928 NE Fire Subtotals: 2.00 Information Svstems ADMINISTRATIVE ASSISTANT 1.00 $3,033 $3,882 NE DIRECTOR OF INFORMATION SYSTEM 1.00 $7,188 $9,199 E GIS ADMINISTRATOR 1.00 $4,953 $6,339 E GIS ANALYST 1.00 $3,771 $4,828 NE J.S. ADMINISTRATOR 2.00 $4,953 $6,339 E INFORMATION SYSTEMS SPECIALIST 1.00 $4,057 $5,193 NE SR. J.S. SPECIALIST 1.00 $4,449 $5,694 NE WEBMASTER 1.00 $3,771 $4,828 NE Infonmation Systems Subtotals: 9.00 PlanninQ ADMINISTRATIVE ASSISTANT 1.00 $3,033 $3,882 NE ASSISTANT PLANNER 1.00 $3,924 $5,024 NE ASSOCIATE PLANNER 6.00 $4,450 $5,695 NE CODE ENFORCEMENT OFFICER 2.00 $3,663 $4,689 NE CODE ENFORCEMENT OFFICER II 2.00 $4,031 $5,159 NE DEPUTY cm MANAGER 1.00 $9,621 $12,315 E DEVELOPMENT PROC. COORDINATOR 1.00 $4,032 $5,161 NE DIRECTOR OF PLANNING 1.00 $7,960 $10,189 E OFFICE ASSISTANT 2.00 $2,121 $2,715 NE SENIOR OFFICE SPECIALIST 1.00 $2,610 $3,341 NE OFFICE SPECIALIST 1.00 $2,287 $2,928 NE PRINCIPAL PLANNER 3.00 $6,462 $8,272 E SENIOR PLANNER 1.00 $5,621 $7,194 E Planning Subtotals: 23.00 20f3. EXHIBIT A CITY OF TEMECULA, CALIFORNIA SCHEDULE OF AUTHORIZED POSmONS PROPOSED FY200S/06 Authorized Exempt/ Count Minimum Maximum NonExemDt Police MANAGEMENT ANALYST 1.00 $4,849 $6,209 1.00 1.00 $3,033 $3,882 1.00 $4,385 $5,616 7.00 $4,385 $5,616 10.00 $5,158 $6,601 0.75 $3,482 $4,458 1.00 $5,249 $6,947 1.00 $7,696 $9,850 1.00 $9,621 $12,315 1.00 $2,963 $3,794 1.00 $3,409 $4,364 5.00 $3,179 $4,066 1.00 $4,449 $5,694 1.00 $5,466 $6,996 6.00 $2,700 $3,456 1.00 $4,849 $6,209 3.00 $2,121 $2,715 1.00 $2,610 $3,341 2.00 $2,287 $2,928 3.00 $6,927 $8,866 1.00 $5,158 $6,601 2.00 $3,854 $4,934 2.00 $6,081 $7,785 4.00 $4,432 $5,674 1.00 $4,449 $5,694 1.00 $3,179 $4,066 1.00 $5,158 $6,601 59.75 1.00 $3,033 $3,882 1.00 $7,960 $10,189 1.00 $4,849 $6,209 3.00 E Police Subtotals: Public Works ADMINISTRATIVE ASSISTANT ASSESSMENT DISTRICT SPECIALIST ASSISTANT ENGINEER ASSOCIATE ENGINEER ClP SPECIALIST CONSTRUCTION MANAGER DEPU1Y DIRECTOR PU8LIC WORKS DIR OF PU8 WORKS/CITY ENG ENGINEERING TECHNICIAN JUNIOR ENGINEER LEAD MAINTENANCE WORKER MAINTENANCE SUPERVISOR MAINTENANCE SUPT. - P/W MAINTENANCE WORKER MANAGEMENT ANALYST OFFICE ASSISTANT SENIOR OFFICE SPECIALIST OFFICE SPECIALIST PRINCIPAL ENGINEER PROPERTY AGENT PU8LIC WORKS INSPECTOR SENIOR ENGINEER SENIOR PU8LIC WORKS INSPECTOR SENIOR SIGNAL TECHNICIAN ASSISTANT SIGNAL TECHNICIAN SPECIAL PROJECTS ENGINEER NE NE NE E NE E E E NE NE NE E E NE E NE NE NE E E NE E NE NE NE E Public Works Subtotals: Redevelooment ADMINISTRATNE ASSISTANT DIR OF HOUSING & REDEVELOPMENT MANAGEMENT ANALYST NE E E Redevelopment Subtotals: Totals Building & Safety City Clerk City Council City Manager Community Services Finance Fire Information Systems Planning Police Public Works Redevelopment Total of Authorized Positions: 21.00 9.00 5.00 9.00 37.00 14.50 2.00 9.00 23.00 1.00 59.75 3.00 193.25 NOTE: The schedule reflects the City Council approved MOU changes. The range amounts include rounding to the nearest $1. 30f3 RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2005-06 WHEREAS, the voters approved the Gann Spending-Limitation Initiative (Proposition 4) on November 6, 1979, adding Article XIII B to the Constitution ofthe State of Califomia to establish and define annual appropriation limits on state and local governmental entities; WHEREAS, SB 1352 provides for the implementation of Article XIII B by defining various terms used in this article and prescribing procedures to be used in implementing specific provisions of the article, including the establishment by resolution each year by the governing body of each local jurisdiction of its appropriations limits; WHEREAS, the required computations to determine the Appropriations Limit for FY 2005-06 have been performed by the Finance Department and are on file with the office of the City Clerk, and available for public review; WHEREAS, these computations are provided on Exhibit "A" which is herein incorporated by reference and attached hereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. The Appropriations Limit for the City of Temecula for FY 2005-06 is hereby adopted. Section 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the office of the City Clerk. 10 PASSED, APPROVED AND ADOPTED this 14th day of June 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, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 05-_ was duly and regularly adopted by the City Council of the City ofTemecula at a regular meeting thereof held on the 14th day of June, 2005, by the following vote of the City Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: Susan W. Jones, CMC City Clerk 11 EXHIBIT "A" CITY OF TEMECULA COMPUTATION OF GANN APPROPRIATIONS LIMIT FY 2004-05 Appropriation Limit FY 2005-06 City Population Change' FY 2005-06 Increase in Non-Residential Assessed Valuation" Cumulative Compound (1.0324 x 1.0449) FY 2005-06 Appropriation Limit , Source: State of California Department of Finance "Source: HdL Coren & Cone $62.903.756 3.24% 4.49% 7.9% $67.857.726 CITY OF TEMECULA SUMMARY OF REVENUES. EXPENDITURES. AND CHANGE IN FUND BALANCE GENERAL FUND 2005-06 PROP05EO ANNUAL OPERATING BUDGET 2003-04 2004-05 2005-06 Proposed % Audited Current Proposed Increase Increase Actual BudQet BudQet (Decrease) (Decrease) Total Revenues 4B.650.259 52.237.130 57.760.961 5.523.831 10.6% Expenditures by Dept: City Council 339,491 380,200 413,486 33,286 8.8% Community Support 450,469 441,700 418,400 (23,300) -5.3% City Manager 913,730 1,037,200 1,083,649 46,449 4.5% Economic Development 733,725 932,013 800,241 (131,772) -14.1% City Clerk 837,037 912,000 916,491 4,491 0.5% City Attorney 737,730 850,000 800,000 (50.000) -5.9% Finance 1,540,734 1,796,761 1.850,639 53,878 3.0% Human Resources 434,915 507,100 572,068 64,968 12.8% Planning 2,658,297 3,274,685 3,552,606 277,921 8.5% Building & Safety 2,311,777 2,632,940 2,831,683 198,743 7.5% Land Development 1,678,643 2,009,440 2,071,625 62,185 3.1% Public Works 4,631,833 5,762,302 5,656,841 (105,461) -1.8% CIP Admin 1,938.853 2,503,700 2.776,873 273,173 10.9% FEMA - Storm Damage 1,100,000 0 (1,100,000) -100.0% Police 12,151,907 13,945,072 16,811,392 2,866,320 20.6% Fire 4,148,051 5,105,598 4,990,188 (115,410) -2.3% Animal COntrol 90,701 132,000 160,000 28,000 21.2% Non-DeDartmental: 100.0% ERAF Shift III - State Takeaway 990,800 990,600 0.0% REST Contribution 3,725,200 4,850,200 1,125,000 30.2% Retiree Medical Contribution 650,000 650,000 100.0% Sales Tax Sharing - Redhawk 500,000 500,000 100.0% Property Tax Admin 43,000 48.000 5,000 11.6% eFD 88-12Tax 5.892.108 3.788.505 3.352.896 (435.609) -11.5% Total Expenditures 41.490.003 51.870.215 56.098.078 4.227.863 8.2% Excess of Revenues Over (Under) Expenditures 7.160.257 366.915 1.662.883 Operating Transfers Out: Capital Projects 7.313.956 4.680.156 1.985.785 Total Operating Transfers Out 7.313.956 4.680.156 1.985.785 Excess of Revenues Over (Under) Expenditures and Operating Transfers Out (153,699) (4,313.241) (322.902) City Council Meeting of June 14, 2005 1 of 96 CITY OF TEMECULA SUMMARY OF REVENUES, EXPENOITURES, ANO CHANGE IN FUND BALANCE GENERAL FUND 2005-06 PROPOSED ANNUAL OPERATING BUDGET 2003-1)4 2004-05 2005-06 Audited Current Proposed Actual BudQet BudQet Fund Balance, Beg. afYear 26,710.919 26,557,220 23,243,978 Revenues 48,650.259 52,237,130 57,760.961 Expenditures (41,490,003) (51,870.215) (56,098,078) Operating Transfers Out (7,313,956) (4,680,156) (1,985,785) Estimated Budget Savings 1.000.000 Fund Balance, End of Year 26.557.220 23.243.978 22.921.077 Detail of Fund Balance: Reserved for long-term advance to RDA Reserved for long-term advance to OP (Chaparral Pool) Reserved for long-term receivables Reserved for deposits and prepaid items Reserved for Inventory Reserved for comprehensive annual leave Unreserved: Designated for continuing appropriation Designated for economic uncertainty (20% of Appropriations) Designated for retiree benefits Designated for open space Designated for Dutch Villages Designated for Flood Control Designated for Land Purch ases Desginated for Future OP Designated for Redhawk Annexation (VLF) Undesignated 1,527,475 1,597,475 400,000 200,000 273,156 273,156 49,609 49,609 5,279 5,279 1,096,603 1,096,603 200,543 200,543 10,353,043 11,219,616 2,224,851 2,224,851 506,226 506,226 150,000 150,000 2.000,000 2,000,000 1,700,000 1,700,000 1,985,785 509,000 771.408 1.188.719 23.243.978 22.921.077 City Council Meeting of June 14, 2005 2of96 cm OF TEMECULA SUMMARY OF REVENUES, EXPENDmJRES, ANP CHANGE IN FUND BALANCE GAS TAX FUND 2005-06 PROPOSEP ANNUAL OPERATING BUPGET 2003-04 2004-05 Current Proposed Audited Revised Preliminary Increase Actuals Budqet FY2005-06 (Decrease) Total Revenues 1,422,132 1,395,500 1,597,704 202,204 Total Expenditures Excess of Revenues Over (Under) Expenditures 1,422,132 1,395,500 1,597,704 202,204 Operating Transfers Qut 1.426.714 1.395.500 1.734.841 339.341 Excess of Revenues Over (Under) Expenditures and Operatin9 Transfers Out (4,582) (137,137) (137 .137) Fund Balance, Beg. of Year 141,719 137,137 137,137 Fund Balance, End of Year 137.137 137.137 City Council Meeting of June 14, 2005 3 of 96 CITY OF TEMECULA SUMMARY OF REVENUES, EXPENDITURES, ANP CHANGE IN FUND BALANCE STATE TRANSPORTATION FUND 2005-06 PROPOSEP ANNUAL OPERATING BUPGET Total Revenues Total Expenditures Excess of Revenues Over (Under) Expenditures Operating Transfers Out*: CIP Fund Excess of Revenues Over (Under) Expenditures and Operating Transfers Out Fund Balances, Beg. of Year Fund Balances. End of Year 2003-04 Audited Actuals 1,160 1,160 20,435 (19,275) 92.897 73.622 2004-05 Revised Budqet 32 Current Preliminary FY2005-06 32 73.654 (73,622) 73.622 City Council Meeting of June 14, 2005 4 of 96 Proposed Increase (Decrease) (32) (32) (73,654) 03.686) cm OF TEMECULA SUMMARY OF REVENUES, EXPENDITURES, ANP CHANGE IN FUNP EQum INTERNAL SERVICE FUNDS 2005-06 PROPOSEP ANNUAL OPERATING BUPGET 2003-04 2004-05 Current Proposed Audited Revised Preliminary Increase Actuals Budqet FY200S-06 (Decrease ) Total Revenues by Fund: Insurance 587,238 746,800 780,820 34,020 Vehicles 341,028 348,400 356,020 7,520 Information Systems 1,758,801 1,953,700 2,022,832 69,132 Support Services 261,849 302,600 312,320 9,720 Facilities 595.485 642.400 662.590 20.190 Total Revenues 3.492.135 3.993.900 4.134.562 140.682 Total Expenditures by Fund: Insurance 640,804 675,300 704,016 28,716 Vehicles 279,614 311,700 323,360 11,660 Information Systems 1,755,964 1,950,431 2.015,532 65.102 Support Services 281,784 297,771 305,606 7,835 Facilities 523.221 648.187 672.689 24.502 Total Expenditures 3.481.407 3.883.389 4,021.203 137.614 Excess of Revenues Over (Under) Expenditures 10,728 110,511 113,379 2,866 Operating Transfers In (Out): General Fund (Vehicles) 72.266 Excess of Revenues and Operating Transfers Over (Under) Expenditure 82,994 110,511 113,379 2.866 Retained Earnings, Beg. of Year 3.874.655 3.957.849 4.066.360 Retained Earnings, End of Year 3.957.849 4.068.360 4.181.739 City Council Meeting of June 14, 2005 5 of 96 cm OF TEMEQJLA SUMMARY OF REVENUES, EXPENPITURES, AND CHANGE IN FUNP BALANCE CPBG FUNP 2005-06 PROPOSEP ANNUAL OPERATING BUDGET Total Revenues Total Expenditures Excess of Revenues Over (Under) Expenditures Operating Transfers Out*: CIP Fund Excess of Revenues Over (Under) Expenditures and Operating Transfers Out Fund Balances, Beg. of Year Fund Balances, End of Year 2003-04 Audited Actual 91,305 58.044 33.261 33.261 2004-05 Current Proposed Revised Preliminary Increase Budqet FY2005-06 (Decrease ) 1,698,930 962,273 58.000 72.273 1.640,930 890,000 1.640.930 690,000 City Council Meeting of June 14, 2005 6 of 96 CITY OF TEMECULA SUMMARY OF REVENUES, EXPENDITURES, ANP CHANGE IN FUNP BALANCE LAW ENFORCEMENT FUNP 2005-06 PROPOSED ANNUAL OPERATING BUPGET Total Revenues Total Expenditures Excess of Revenues Over (Under) Expenditures Operating Transfers Out*: To General Fund Excess of Revenues Over (Under) Expenditures and Operating Transfers Out Fund Balances, Beg. of Year Fund Balances, End of Year 2003-04 Audited Actual 111,723 111.723 111,723 2004-05 Revised Budqet 114,100 Current Preliminary FY2005-06 100,730 114,100 114.100 100,730 100.730 City Council Meeting of June 14, 2005 7 of 96 Proposed Increase (Decrease) 13,100 13.100 13.100 OPERATING BUDGET GENERAL FUND City Council Meeting of June 14, 2005 8 of 96 Actual Actual Estimated Projected FY 2002-03 FY2003-04 FY 2004-05 FY 2005-06 Taxes and Franchises Property Tax $ 2.688,774 $ 3,060.737 $ 3,525,000 $ 4,019.441 Franchise Fees 1,896,915 2.030,834 2,130,000 2,433,299 Sales and Use Tax 21,572,199 25,652,278 26,320,000 29,200,000 Property Transfer Tax 603,374 991,654 1,000,000 1,000,000 Transient Occupancy Tax 1,551,ll3 1,637,487 1,820,000 1,800,000 Licenses, Pennits, and Service Charges Business Licenses 271,467 292,361 270,000 286,000 Land Development 1.984.921 2,871,450 1,953,800 1,507,000 Building 1.851,719 2.377,353 2,155,400 2,200,000 Planning 488,882 533,120 397,650 776,000 Fire 228.816 253,054 651,000 750,000 Fines and Forreitures 758,852 1,113,900 1.000,000 1,200,000 Use of Money InvestIrent Interest 561,577 536,517 600,000 733,710 Intergovernmental Revenues Motor Vehicle in Lieu 4,076,956 3,393,793 4,532,730 6,073,890 Motor Vehicle license Fees 85,599 53,555 3.600 3,200 Grants 58,617 219,266 1,471,400 148,085 TUMF Reimbursement 103,000 332,000 ERAF/Booking Fee Reimbursement 106,867 106,867 106,800 Reimbursement from Capital Improvement Program 1,174,300 1,454,510 1,286,700 1,955,898 Community Services District 162,000 162,000 162,000 Redevelopment Agency 225,000 225,000 225,000 225,000 TASIN 344,000 Olher 119,475 310,471 327.500 173,000 Operating Transfers In 1,508,248 1,538,437 1,4%,500 1,907,844 Miscellaneous 484.644 341.698 699,050 692,594 Total $ 42,460,316 $ 49.156,343 $ 52,237,130 $ 57,760,%1 City Council Meeting of June 14, 2005 9 of 96 FISCAL YEAR 2005-06 GENERAL FUND REVENUES $57,760,961 FOUR-YEAR COMPARISON $70 $60 en $50 Z 0 ~ $40 ..l ..l ~ ::;: $30 $20 $10 Actual 2002-03 Actual 2003-04 Estimated 2004-05 Projected 2005-06 City Council Meeting of June 14, 2005 10 of 96 Operations Capital Department Personnel & Maintenance Outlay Total City Council: City Council $ 121,186 $ 292,300 $ 413,486 Corrununity Support 418,400 418,400 City Manager: City Manager 791,349 292.300 1.083,649 Economic Development 233,731 566,510 800,241 Human Resources 311,033 261,035 572,068 Cily Attorney 800,000 800,000 Gly Clerk 676,002 240,489 916,491 Finance 1,373,989 471,650 5,000 1,850,639 Cormnunity Developtrent: Planning 2,539,766 1,012,840 3,552,606 Building & Safety 2,156,394 675,289 2,831,683 land Development 1,676,636 394,989 2,071,625 Public Works: Public Works 1,972,190 3,684,651 5,656,841 CIP Administration 2,446,273 330,600 2,776,873 Police 207,172 16,552,002 52,218 16,811,392 Fire 214,568 4,751,420 24,200 4,990,188 Animal Control 160,000 160,000 Non-Departmental 10,391,8% 10.391,8% Total $ 14,720,289 $ 41,296,371 $ 81,418 56,098,078 Operating Transfers to OP 1.985,785 Total $ 58.083,863 City Council Meeting of June 14, 2005 11 of 96 FISCAL YEAR 2005-06 PROPOSED EXPENDITURES-$56,098,078 City Council Meeting of June 14, 2005 12 of 96 GFNmAL FlJND Authorized Authorized CITY COUNCIL 2004-05 Changes 2005-06 Councilmembers 5.00 0.00 5.00 CITY MANAGER City Manager 1.00 0.00 1.00 Assistant City Manager 1.00 0.00 1.00 Assistant to the City Manager/HR Director 1.00 0.00 1.00 Senior Management Analyst 1.00 0.00 1.00 Executive Assistant 1.00 0.00 1.00 Senior Human Resources Analyst 0.00 1.00 1.00 Human Resources Analyst 1.00 (1.00) 0.00 Marketing Coordinator 1.00 0.00 1.00 Human Resources Specialist 1.00 0.00 1.00 Administrative Assistant 1.00 0.00 1.00 Total 9.00 0.00 9.00 CITY CLERK City Clerk/Director of Support Services 1.00 0.00 1.00 Deputy Director of Support Services 1.00 0.00 1.00 Senior Records Coordinator 1.00 0.00 1.00 Administrative Assistant 1.00 0.00 1.00 Minute Clerk 1.00 0.00 1.00 Office Specialist 2.00 0.00 2.00 Total 7.00 0.00 7.00 FINANCE Director of Finance 1.00 0.00 1.00 Assistant Finance Director 1.00 0.00 1.00 Fiscal Services Manager 0.75 0.00 0.75 Revenue Manager 1.00 0.00 1.00 Senior Accountant 1.00 0.00 1.00 Senior Debt Analyst 0.50 0.00 0.50 Accountant 1.00 0.00 1.00 Administrative Assistant 0.75 0.00 0.75 Accounting Specialist 3.00 0.00 3.00 Purchasing Coordinator 1.00 0.00 1.00 Business License Specialist/Cashier 1.00 0.00 1.00 Accounting Assistant 2.00 0.00 2.00 Total 14.00 0.00 14.00 City Council Meeting of June 14, 2005 13 of 96 Authorized Authorized COMMUNITYDEVl:LOPMENT - PLANNING 2004-05 Chan2es 2005-06 Deputy City Manager 1.00 0.00 1.00 Director of Planning 1.00 0.00 1.00 Principal Planner 3.00 0.00 3.00 Senior Planner 1.00 0.00 1.00 Associate Planner 6.00 0.00 6.00 Development Processing Coordinator 1.00 0.00 1.00 Code Enforcement Officer II 1.00 1.00 2.00 Assistant Planner 1.00 0.00 1.00 Code Enforcement Officer I 2.00 0.00 2.00 Administrative Assistant 1.00 0.00 1.00 Senior Office Specialist 0.00 1.00 1.00 Office Specialist 2.00 (1.00) 1.00 Office Assistant 2.00 0.00 2.00 Total 22.00 1.00 23.00 COMMUNITY DEVELOPMENT - BUILDING & SAFElY Director of Building and Safety 1.00 0.00 1.00 Deputy Director of Building and Safety 1.00 0.00 1.00 Senior Building Inspector 1.00 0.00 1.00 Plan Checker / Building Inspector 1.00 0.00 1.00 Building Inspector II 7.00 0.00 7.00 Building Inspector III 1.00 0.00 1.00 Conununity Development Technician 4.00 0.00 4.00 Administrative Assistant 1.00 0.00 1.00 Office Specialist 1.00 2.00 3.00 Office Assistant 2.00 (1.00) 1.00 Total 20.00 1.00 21.00 COMMUNITYDEVl:LOPMENT - LAND DEVELOPMFNT Director of Public Works/City Engineer 0.30 0.00 0.30 Deputy Director of Public Works 0.30 0.00 0.30 Senior Engineer 1.00 0.00 1.00 Associate Engineer 3.00 0.00 3.00 Special Projects Engineer 1.00 0.00 1.00 Senior Public Works Inspector 2.00 0.00 2.00 Assistant Engineer 3.00 0.00 3.00 Junior Engineer 1.00 0.00 1.00 Engineering Tech III 1.00 0.00 1.00 Public Works Inspector 1.50 0.00 1.50 Administrative Assistant 0.25 0.00 0.25 Office Specialist 1.00 0.00 1.00 Office Assistant 0.33 0.00 0.33 Total 15.68 0.00 15.68 City Council Meeting of June 14, 2005 14 of 96 Authorized Authorized PUBLIC WORKS 2004-05 Chanl!es 2005-06 Director ofpublic Works/City Engineer 0040 0.00 0040 Deputy Direclor of Public Works 0040 0.00 0040 Principal Engineer 1.00 0.00 1.00 Associate Engineer 1.00 0.00 1.00 Maintenance Superintendent 1.00 0.00 1.00 Assistant Engineer 1.00 0.00 1.00 Maintenance Supervisor 1.00 0.00 1.00 Management Analyst 0.50 0.00 0.50 Landscape Inspector 0.25 0.00 0.25 Administrative Assistant 0.50 0.00 0.50 Senior Signal Technician 1.00 0.00 1.00 Assistant Signal Technician 0.00 1.00 1.00 Lead Maintenance Worker 4.00 1.00 5.00 Maintenance Worker 5.00 1.00 6.00 Senior Office Specialist 0.00 1.00 1.00 Office Specialist 1.00 (1.00) 0.00 Office Assistant 1.33 0.00 1.33 Tolal 19.38 3.00 22.38 PUBLIC WORKS - CIP ADMINISTRATION Director of Public Works/City Engineer 0.30 0.00 0.30 Deputy Director ofpublic Works 0.30 0.00 0.30 Principal Engineer 2.00 0.00 2.00 Senior Engineer 1.00 0.00 1.00 Associate Engineer 6.00 0.00 6.00 Construction Manager 1.00 0.00 1.00 Property Agenl 1.00 0.00 1.00 Senior Public Works Inspector 2.00 0.00 2.00 Assessment District Specialist 0.00 1.00 1.00 Assistant Engineer 4.00 (1.00) 3.00 Management Analyst 0.50 0.00 0.50 CIP Specialisl 0.75 0.00 0.75 Public Works Inspector 0.50 0.00 0.50 Administrative Assistant 0.25 0.00 0.25 Office Specialist 1.00 0.00 1.00 Office Assislant 1.34 0.00 1.34 Total 21.94 0.00 21.94 City Council Meeting of June 14, 2005 15 of 96 Police Management Analyst l.00 0.00 l.00 Total l.00 0.00 l.00 FlRE Administrative Assistant l.00 0.00 l.oo Office Specialist l.00 0.00 l.oo Tolal 2.00 0.00 2.00 General Fund Total 137.00 5.00 142.00 City Council Meeting of June 14, 2005 16 of 96 COMMUNITY S ERVICES Authorized Authorized PARKS AND RECREATION 2004-05 Chan~es 2005-06 Director of Community Services 1.00 0.00 1.00 Deputy Director ofCornmunity Services 1.00 0.00 1.00 Maintenance Superintendent 0.70 0.00 0.70 Developrrent Services Administrator 0.85 0.00 0.85 Recreation Superintendent 1.00 0.00 1.00 Cultural Arts Administrator 1.00 0.00 1.00 Maintenance Supervisor 0.70 0.00 0.70 Park/Landscape Maintenance Supervisor 0.70 IOItH 0.60 Senior Management Analyst 0.00 0.50 0.50 Management Analyst 0.50 (0.50) 0.00 Senior Landscape Inspector 0.50 0.00 0.50 Museum Services Manager 2.00 0.00 2.00 Theater Manager 1.00 0.00 1.00 Patron Services Coordinator 1.00 0.00 1.00 Theater Technical Supervisor 1.00 0.00 1.00 Aquatics Supervisor 1.00 0.00 1.00 Recreation Supervisor 3.00 0.00 3.00 Administrative Assistant 1.00 0.00 1.00 Lead Maintenance Worker 1.50 1.90 3.40 Senior Recreation Coordinator 1.00 0.00 1.00 Recreation Coordinator 1.00 0.00 1.00 landscape Inspector 0.75 (0.10) 0.65 Maintenance Worker 2.50 10.50) 2.00 Office Specialisl 2.30 0.00 2.30 Cuslodian 1.00 0.00 1.00 Tolal 28.00 1.20 29.20 SERVICE LEVEL B Senior Managetrent Analyst 0.00 0.05 0.05 Management Analyst 0.05 (0.05) 0.00 0.05 0.00 0.05 SERVICELEVELC Maintenance Superintendent 0.05 0.00 0.05 Maintenance Supervisor 0.15 0.00 0.15 Park/landscape Maintenance Supervisor 0.30 0.00 0.30 Senior Management Analyst 0.00 0.30 0.30 Management Analyst 0.30 (0.30) 0.00 Senior landscape Inspector 0.50 0.00 0.50 Maintenance Worker 0.00 0.50 0.50 Landscape Inspector 1.00 0.00 1.00 Office Specialist 0.30 0.00 0.30 Total 2.60 0.50 3.10 City Council Meeting of June 14, 2005 17 of 96 SERVICE LEVEL D Development Services Administrator 0.15 0.00 0.15 Senior Management Analyst 0.00 0.15 0.15 Management Analyst 0.15 ro.l5) 0.00 Office Specialist 0.10 0.00 0.10 Tolal 0.40 0.00 0.40 SERVICE LEVEL L Park/Landscape Maintenance Supervisor 0.00 0.10 0.10 Landscape Inspector 0.00 0.10 0.10 Lead Maintenance Worker 0.00 0.10 0.10 Total 0.00 0.30 0.30 Community Sen;ces Total 31.05 2.00 33.05 City Council Meeting of June 14, 2005 18 of 96 INTERNAL S ERYICE ruNDS Authorized Authorized INS URANCE 2004-05 Ch.n~es 2005-06 Fiscal Services Manager 0.25 0.00 0.25 Administrative Assistant 0.25 0.00 0.25 Total 0.50 0.00 0.50 INFORMATION SYSTEMS , Director ofInformation Systerrn 1.00 0.00 1.00 Information Systems Administrator 2.00 0,00 2.00 Senior Information Systems Specialist 1.00 0.00 1.00 Infonnation Systems Specialist 1.00 0.00 1.00 GIS Administrator 1.00 0,00 1.00 GIS Analyst 1.00 0.00 1.00 Administrative Assistant 1.00 0.00 1.00 Webmaster 1.00 0.00 1.00 Total 9.00 0.00 9.00 SUPPORTSERYICES Central Services Coordinator 1.00 0.00 1.00 Office Assistant 0.50 0.50 1.00 Total 1.50 0.50 2.00 FACILITIES Maintenance Superintendent 0.25 0.00 0.25 Maintenance Supervisor 0.15 0.00 0.15 Facility Maintenance Coordinator 1.00 0.00 1.00 Lead Maintenance Worker 0.50 0.00 0.50 Maintenance Worker 0.50 0.00 0.50 Custodian 1.00 0.00 1.00 Office Specialist 0.30 0.00 0.30 Total 3.70 0.00 3.70 Internal Ser>ice Fund; Total 14.70 0.50 15.20 City Council Meeting of June 14, 2005 19 of 96 RIIDEVELOPMENT AGENCY Authorized Authorized LOW/MOD HOUSING 2004-05 Chan~es 2005-06 Director of Housing/Redevelopment 0.75 0.00 0.75 Senior Management Analyst 0.75 0.00 0.75 Administrative Assistant 0.50 0.00 0.50 Total 2.00 0.00 2.00 RIIDEVELOPMENT Director of Housing/Redevelopment 0.25 0.00 0.25 Senior Management Analyst 0.25 0.00 0.25 Administrative Assistant 0.50 0.00 0.50 Total l.00 0.00 l.00 Rede\elopment Agency Total 3.00 0.00 3.00 TOTAL AUfHORIZIID POSITIONS 185.75 7.50 193.25 City Council Meeting of June 14, 2005 20 of 96 CITIZENS OF TEMECULA CITY COUNCIL OTY MANAGER CITY ATTORNEY COMMISSIONS Shawn D. Nelson Peter M. Thorson ASSISTANT CITY MANAGER James O'Grady I I I I COMMUNITY DEVELOPMENT ADMINISTRATION PUBLIC SAFETY DEVELOPMENT Deputy City Manager Gary Thornhill = Public Works City Clerk! Fire BuiIdi - Support Services - Bill Hughes Susan W. Jones Howard Windsor Tony Elmo R~~~e~:~rrt II City Managerl Police Plarming - Human Resources Jim Domenoe - Debbie Ubnoske Grant Yates - Community Services Herman D. Parker f- Finance Genie Roberts L- Info Systems Tim Thorson City Council Meeting of June 14, 2005 21 of 96 Program: City Council Funding Source: General Fund Actual Actual Budgeted Proposed Expenditure Summary FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 Personnel $ 101,915 $ 116,076 $ 118,600 $ 121,186 Operations & Maintenance 297,236 223,415 261,600 292,300 Capital Outlay $ 399,151 $ 339,491 $ 380.200 $ 413,486 Program: Corrnnunity Support Funding Source: General Fund Actual Actual Budgeted Proposed Expenditure Summary FY2002-03 FY 2003-04 FY 2004-05 FY 2005-06 Personnel Operations & Maintenance $ 409,153 $ 450,469 $ 441,700 $ 418,400 Capital Outlay $ 409,153 $ 450,469 $ 441,700 $ 418.400 Authorized Authorized Personnel Allocation 2004-05 Changes 2005-06 Departmeut Total 5.00 0.00 5.00 City Council Meeting of June 14, 2005 22 of 96 cLttj coulI\,cLL CITIZENS OF TEMECULA Mayor Jeff Comerchero Mayor Pro Tern Ron Roberts Councilmember Michael Naggar Councilm ember Maryann Edwards Councilmember Chuck Washington City Council Meeting of June 14, 2005 23 of 96 MISSION: PROGRAM: CITY COUNCIL The City Council is elected by the citizens of Temecula to set overall policies, legislative and otherwise, to give direction to the City Manager to ensure his effective and efficient operation of the City and to identify the types and levels of programs and services to be provided to its residents. 2004-2005 ACCOMPLISHMENTS: Added three new parks Enhanced Temecula Citizen Corps Completed the Widening of Rancho California Bridge Closed Auto Mall Property Transaction Added additional Police Officers Added additional Fire personnel Adopted TUMF Acquired property and started Civic Center Master Plan project . Engaged Riverside County as ReI? Project . TemeculalMurrieta Traffic Summit Wine Country Beautification Project Cit), Hall Architect Interviews Animal Shelter JPA Library Groundbreaking Veterans Memorial at Duck Pond Nakayama 10th Anniversary Trip Ronald Reagan Sports Park renamed GOAL I: OBJECTIVES: GOAL 2: OBJECTIVES: PROVIDE A SAFE. SECURE, CLEAN, HEALTHY, AND ORDERLY COMMUNITY BY BALANCING THE UTILIZATION OF OPEN SPACE, PARKS, TRAIL FACILITIES, QUALITY JOBS, PUBLIC TRANSPORTATION, AND ADEQUATE INFRASTRUCTURE >- Encourage recreational and educational programs for all age groups. >- Preserve natural resources while stimulating technology and promoting commerce >- Adopt City Ordinances using sound fiscal policy };;> Enhance and revitalize historic areas >- Provide clear policy direction to City staff in programs and services offered by the City };;> Adopt policies and procedures using legislative action consistent with City goals };;> Encourage local job creation through retention and attraction efforts TO WORK COLLABORATlVELY WITH THE CITY THAT ALL CITY DEPARTMENTS OPERATE EFFECTIVELY AS POSSIBLE MANAGER TO ENSURE AS SMOOTHLY AND >- Organize community workshops to assist in developing action plans };;> Maintain regular updates and accessible information on City website };;> Distribute quarterly newsletters to update the community on capital projects, recreational events, and other community items of interest >- Use City Council meeting intermissions to disseminate community information City Council Meeting of June 14, 2005 24 of 96 GOAL 3: ENHANCE COMMUNICATION TO ENSURE THAT CITIZENS ARE WELL INFORMED ON COMMUNITY ISSUES OBJECTIVES: );. Organize community workshops to assist in developing action plans ~ Maintain regular updates and accessible information on City website ~ Distribute quarterly newsletters to update the community on capital projects, recreational events, and other community items of interest );> Use City Council meeting intermissions to disseminate community information GOAL4: OBJECTIVES: GOAL 5: OBJECTIVES: GOAL 6: IMPROVE THE CITY'S INFLUENCE IN INTERGOVERNMENTAL RELATIONS AND INTRAGOVERNMENT AL RELATIONS >- Lobby State legislators to ensure they support positions that further the City's interest };> Lobby Federal legislators to obtain funds for the City's transportation systems upgrades ~ Continue City Council member attendance and participation on local, regional, statewide, and national boards and commissions >- Continue joint meetings with the Temecula Valley Unified School District Board so that the two governing entities are working towards common goals };> Work closely with City of Temecula Commissions through joint meetings and Commissioner participation during Council meetings };> Continue to support the Temecula Sister City Association to enhance foreign relations with Temecula's Sister Cities EFFECTIVELY IMPLEMENT MANAGEMENT PLAN AND ADMINISTER THE GROWTH )0 Work collectively with Riverside County and participate in the Riverside County Integrated Planning (RCIP) process )0 Coordinate efforts with the City of Murrieta, particularly in the areas of traffic circulation and economic development };> Meet regularly with Temecula Valley Unified School District on issues of mutual concern and work to develop consensus on solutions };> Maintain cooperative working relationships with the Pechanga Tribe TO WORK COLLABORATrvELY WITH THE CITY THAT ALL CITY DEPARTMENTS OPERATE EFFECTIVELY AS POSSIBLE MANAGER TO ENSURE AS SMOOTHLV AND PERFORMANCE MEASURES: Projected Actual Projected Projected FY 2003-04 FY 2003_04 FY 2004_0~ FY 2005-06 Percent of citizen concerns responded to 95% 95% 95% 95% within 3 business days of receipt Number of citizen concern correspondences 80 100 70 200 addressed Number of outside organization meetings 320 375 500 550 City Council Meeting of June 14, 2005 25 of 96 PROGRAM: COMMUNITY SUPPORT MISSION: o The Community Support Program is responsible for funding various special programs within the City, such as the Community Services Funding Program, Library funding, and Sister Cities Program. It also funds the Temecula Valley Arts Council and the Temecula Valley Playhouse providing cultural events to the community. 2004-2005 ACCOMPLISHMENTS: . Sponsored Susan G. Komen Race for the Cure Continue support for various community service agencies Support for Rape Crisis Center Su~port SAF.E. Program 101 Anniversary trip to Nakayama V oorburg Police visit to Temecula . . . GOAL I: FUND LOCAL NON-PROFIT ORGANIZATIONS, WHICH PROVIDE THE CITIZENS OF TEMECULA CULTURAL EVENTS, NEEDED SERVICES OR EDUCATIONAL SUPPORT FOR THE COMMUNITY Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2001_04 FY 2001.04 FY 2004-05 FY 2005_06 Number of organizations funded 55 55 55 60 Total funding for organizations/community $406,200 $388,700 $421,500 $445,700 Number of students funded for exchange trips to sister cities 12 15 20 25 City Council Meeting of June 14, 2005 26 of 96 CLtkj MiA V'viAgey CITY MANAGER Shawn D. Nelson I ASSISTANT DEPUTY CITY MANAGER CITY MANAGER James O'Grady Gary Thornhill ASSISTANT TO THE CITY MANAGER! HR DIRECTOR Grant Yates I I I GENERAL EMERGENCY ECONOMIC HUMAN ADMINISTRATION MANAGEMENT DEVELOPMENT RESOURCES I- Public Infonnation I-- Preparedness - Business Attraction I- Benefits I- Inlergovemmental I-- Coordination - Business Retention I- Employm I- Public Relations I-- Training - Marketing I- Training L L- Em erg~ncy '--- ent Anunal Control OperatIOns Cenler Labor Development Employee Relations City Council Meeting of June 14, 2005 27 of 96 Program: City Manager Funding Source: General Fund Actual Actual Budgeted Proposed Expenditure Summary FY 2002-03 FY 2003-04 FY2004-0S FY 200S-06 Personnel $ 603,979 $ 661,177 $ 737,500 $ 791,349 Operations & Maintenance 234,931 252,553 299,700 292,300 CapitalOullay $ 838,911 $ 913,730 $ 1,037,200 $ 1,083,649 Program: Economic Development Funding Source: General Fund Actual Actual Budgeted Proposed Expenditure Summary FY 2002-03 FY 2003-04 FY2004-0S FY 200S-06 Personnel $ 192,494 $ 213,189 $ 21S,450 $ 233,731 Operations & Maintenance 534,682 520,537 716,563 566,510 Capital Outlay $ 727,175 $ 733,725 $ 932,013 $ 800.241 Program: Human Resources Funding Source: General Fund Actual Actual Budgeted ProJXlsed Expenditure Summary FY2001-o2 FY 2003-04 FY2004-0S FY 200S-06 Personnel $ 221,040 $ 256,910 $ 284,800 $ 311,033 Operations & Maintenance 223,228 178,006 222,300 261,035 Capital Outlay $ 444,267 $ 434,915 $ 507,100 $ 572,068 City Council Meeting of June 14, 2005 28 of 96 Authorized Authorized Personnel Allocation 2004-05 Chan~es 2005-06 CITY MANAGER City Manager 1.00 0.00 1.00 Assistant to City Manager/HR Director 0.50 0.00 0.50 Senior Management Analyst 1.00 0.00 1.00 Executive Assistant 1.00 0.00 1.00 Administrative Assistant 1.00 0.00 1.00 Total 4.50 0.00 4.50 Authorized Authorized ECONOMIC DEVELOPMENT 2004-05 Chan~es 2005-06 Assistant City Manager 1.00 0.00 1.00 Marketing Coordinator 1.00 0.00 1.00 Total 2.00 0.00 2.00 Authorized Authorized HUMAN RESOURCES 2004-05 Changes 2005-06 Assistant to the City Manager/HR Director 0.50 0.00 0.50 Senior Human Resources Analyst 0.00 1.00 1.00 Human Resources Analyst 1.00 (1.00) 0.00 Human Resources Specialist 1.00 0.00 1.00 Total 2.50 0.00 2.50 Department Total 9.00 0.00 9.00 City Council Meeting of June 14, 2005 29 of 96 PROGRAM: GENERAL ADMINISTRATION MISSION: The City Manager is appointed by the City Council to serve as the Chief Administrative Officer of the organization. The City Manager's Office coordinates the implementation of policy and programs established by the City Council. The City Manager provides overall direction to the administration of City programs and services; coordinates economic development and marketing activities; inter-governmental relations, lobbying, and public relations efforts; oversees inter-departmental programs for human resources, strategic planning, emergency preparedness and animal control. 2004-2005 ACCOMPLISHMENTS: . Completed Auto Mall DA Process . Lead the Process Improvement Team Development Process Review . Completed Homeless Census/Survey . Temecula Citizen Corps Program growth citywide . Animal shelter lP A approved . Legislative Summit at Pechanga GOAL I: COORDINATE THE WORK EFFORTS OF ALL CITY DEPARTMENTS TO ACHIEVE CITY COUNCIL AND COMMUNITY GOALS OBJECTIVES: ~ Conduct weekly staff meetings with all Department Directors to ensure work efforts are coordinated effectively ~ Conduct a Department Director retreat to establish service level and program goals ~ Encourage and provide resources for continued education and staff development >- Respond to all citizen complaints within a timely manner GOAL2: COORDINATE AND PROVIDE TIMELY AND ACCURATE INFORMATION TO THE PUBLIC AND MEDIA REGARDING CITY EVENTS AND ACTIVITIES OBJECTIVES: ~ Prepare timely press releases regarding City events and activities ~ Conduct monthly press briefings ~ Develop and publish the community newsletter );> Continue to have open communication with media regarding City programs GOAL 3: UPHOLD THE CITY'S SUPERIOR LEVEL OF CUSTOMER SERVICE BY PROACTIVELY SUPPORTING EMPLOYEES IN MAINTAINING POSITIVE CITIZEN RELATIONS OBJECTIVES: );> Provide training to all employees 'on the importance of positive customer service and public relations efforts );> Facilitate staff and City Council workshops to obtain public input regarding City projects City Council Meeting of June 14, 2005 30 of 96 GOAL 4: REPRESENT THE CITY'S INTERESTS IN INTERGOVERNMENTAL AFFAIRS OBJECTIVES: >- Assign staff resources and coordinate with Riverside County through the Riverside County Integrated Planning process >- Attend monthly Western Riverside Council of Governments Technical Advisory Committee Meetings >- Track legislative bills and provide support/opposition as requested or required >- Encourage State and Federal legislatures to use City Hall as community resource >- Encourage department directors or assigned staff to attend relevant intergovernmental meetings and report on pertinent issues Projected Actual Projected Projected PERFORMANCE MEASURES: FY'200J-04 FY 2003-04 FY 2004.0~ FY 2005-06 Number of Jegislative responses submitted 30 40 35 45 Number of community workshops held 5 4 6 6 Number of community newsletters published 3 3 4 4 City Council Meeting of June 14, 2005 31 of 96 PROGRAM: EMERGENCY MANAGEMENT MISSION: In case of emergency, the City Manager is the Disaster Director. The mission of this program is to implement, monitor and coordinate the Standardized Emergency Management System (SEMS) and Emergency Operations Center (EOe). This program also provides overall coordination and training, and monitors the operational readiness within the various sections of the emergency management organizational structure. This program promotes increased preparedness of the City to respond to disasters. 2004-2005 ACCOMPLISHMENTS: . Hosted Public Safety Expo . Redistrict Tee Program and added volunteers . Conducted two EOe disaster drills GOAL 1: ENSURE ALL CITY EMPLOYEES ARE ADEQUATELY TRAINED ON HOW TO REACT AND WHAT ROLE TO ASSUME DURING AN EMERGENCY OBJECTIVES: J;. Send employees through the County of Riverside's Planning/Logistics course )0> Continue to work through the emergency management committee to implement the updaled Multi-Hazard Function Plan >- Continue to train employees by simulating actual City disasters GOAL2: INFORM/INVOLVE THE COMMUNITY IN THE CITY'S DISASTER PLANS OBJECTIVES: J;. Continue Temecula Cilizen Corps training program Citywide >- Develop an annex to our Multi-Hazard Function Plan for the Temecula Citizen Corps program >- Coordinate with the Temecula Citizen Corps program to develop a plan to involve homeovmers' associations with disaster preparedness plans Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2001-04 FY 2001_04 FY 2004_05 FY 2005-06 Number of employees trained in Emergency Management courses 100 75 100 75 Number of meetings/training drills held 5 30 10 40 City Council Meeting of June 14, 2005 32 of 96 MISSION: PROGRAM: ECONOMIC DEVELOPMENT The Economic Development Program is responsible for maintaining a sound and diverse economic base for business development and tourism for the City. The Economic Development partners have been a key component in Temeeula's success as they have worked together with City Council and City Staff. Such group' include the Southwest Riverside County Economic Alliance, Economic Development Corporation of Southwest Riverside County, Temecula Valley Chamber of Commerce, the Inland Empire Economic Partnership, and the Temecula Valley Film Council. Through these professional affiliations many partnerships have been formed, which have helped to create a strong healthy economy and enhance our exceptional quality of life. 2004-2005 ACCOMPLISHMENTS: GOAL 1: Temecula Auto Mall closed escrow . Worked with colleges and community groups to facilitate planning of the Temecula Higher Education Center Recognized in the Kosmont Cost of Doing Business Survey as a "very low cost City" . Produced demographic/community profile . Produced new tourism rack brochure . Developed information for retail attraction . Developed Commuter Computer and Job Posting Website through SW California Economic Alliance DEVELOP DIVERSE ECONOMIC BASE TO INCLUDE A RANGE OF MANUFACTURING, RETAIN AND SERVICE ACTIVITIES, AND VINTNERS OBJECTIVES: )- Attract new business including high tech, semi-conductor and health technology/manufacturing, biomedicallbiotech, telecommunications, electronics, office, vintners and research and development space )- Promote retail and other support activities that provide a broader selection of high quality goods and services for residents, workers and tourists, including automobiles, apparel, general merchandise, home furnishings, appliances and restaurants GOAL 2: OBJECTIVES: DEVELOP AND MAINTAIN AN ECONOMIC BASE THAT PROVIDES A SOUND FISCAL FOUNDATION FOR THE CITY AS WELL AS QUALITY COMMUNITY FACILITIES AND HIGH SERVICE LEVELS ~ Promote Temecula as a major retail hub along the Interstate 15 corridor to help lure high end retailers/restaurants >> Monitor existing businesses and continue to support business retention and expansion efforts );> Provide site selection assistance through updated City/Alliance GIS search capabilities and demographics and personal site tours >> Update economic demographic data base City Council Meeting of June 14, 2005 33 of 96 GOAL 3: ESTABLISH A DIVERSE EDUCATION, TRAINING AND JOB PLACEMENT SYSTEM, WHICH WILL DEVELOP AND MAINTAIN A HIGH QUALITY WORK FORCE IN TEMECULA OBJECTIVES: )- Work with colleges on developing a higher education center );> Support and develop activities in higher education and skills training for excellent workforce development with the school district and local colleges ~ Support job placement through Cily website. job databases, job fairs and posting system GOAL 4: DEVELOP TEMECULA AS A COMPREHENSIVE, RECOGNIZABLE TOURIST DESTINATION, WITH A RANGE OF ATTRACTIONS OBJECTIVES: );> Increase the number of tourists visiting Temecula and increase attendance at all special events through the marketing outreach and promotional program )i> Promote Temecula as a prime tourist destination in cooperation with the winery industry in the Temecula Valley Convention and Visitors Bureau and special event organizations );.. Revitalize and enhance Old Town to expand its role in local tourism and improve its attractiveness, accessibility, and economic vitality through the development of the Children's Museum, Community theater, and special events Projected Actual Projected Projected PERFORMANCE MEASURES: FV 2003-04 FY 2003-04 FY 2004-05 FY 2005-06 Number of Alliance inquiries/web hits 5,000 4.000 25,000 50,000 Number of Alliance/City leads 400 300 200 400 Number of retention visits 60 60 60 60 Number of Mayor!s business roundtables 3 9 3 Number of conun broker workshops 3 3 3 3 Number of trade shows 10 7 5 6 Number of business ad placements 7 10 8 15 Number of resources 10 10 9 9 Number of special events sponsored 8 12 9 9 Number of media ad placements 20 25 19 18 Number of tourism trade shows/F AMs 4 4 2 4 City Council Meeting of June 14, 2005 34 of 96 MISSION: PROGRAM: HUMAN RESOURCES Human Resources is responsible for providing a comprehensive human resources program throughout the City. Responsibilities of Human Resources include the administration of recruitment; selection; equal opportunity; classification; salary; employee benefits; worker's compensation; discipline; training development; employee relations; and development and implementation of administrative guidelines and personnel policies. 2004-2005 ACCOMPLISHMENTS: GOAL 1: . Addition of HR staff member - fully trained Revised candidate rating system Adopted PEACS evaluation & training program Conducted three (3) successful assessment center/two (2) testing sessions Presented succession plan proposal Transitioned new workers' compensation providerlFSA provider ESI Elimination and Conversion to PERS for applicable project employees Administered CalPERS "Air Time" Education and Requests Implementation of improved CalPERS Retirement Formula Successful "last minute" holiday party venue change Successful implementation of revised recognition programs Participation in monthly HRlFinance teambuilding meetings Four (4) successful Employee luncheon w/skits Quarterly Financial Awareness Workshops/Blood Drives CalPERS Workshops/Mediation Training Event Coordination of Gift Giving Campaign/Race for the Cure . . . . . . . . . . . . . . . PROVIDE PROFESSIONAL SUPPORT TO ALL DEPARTMENTS IN THE AREAS OF RECRUITMENT, EMPLOYEE BENEFITS, WORKER'S COMPENSATION, EMPLOYEE DISCIPLINE AND LABOR RELATIONS OBJECTIVES: );;> Maintain a six-week recruitment processing time1ine );;> Administer employee benefit programs to include conducting annual open enrollment and providing input to benefit providers via City benefit committee, made up of representatives from each City department );;> Meet routinely with employee labor/management team to discuss areas of mutual interest );;> Performance Management (evaluation training/support, career pathing, cross training, performance guidelines/goal setting );;> Increase advisory role - to increase management potential- become more of a resource );;> Maintain City Hall bulletin boards GOAL 2: PROVIDE PROFESSIONAL TRAINING OPPORTUNITIES FOR EMPLOYEES OBJECTIVES: );;> Publish a list of in-house training opportunities );;> Proactively involve employees in training opportunities, both in-house and outside );;> Facilitate bi-monthly management training luncheons );;> Provide three training days per year for each City employee City Council Meeting of June 14, 2005 35 of 96 GOAL3: PROVIDE PROFESSIONAL GUIDANCE AND SUPPORT IN THE AREA OF EMPLOYEE MORALE FOR CITY EMPLOYEES OBJECTIVES: >- Administer and improve upon employee recognition program, including quarterly Temecula Pride/Good Deed Award luncheons >- Promote "My Bright Idea" Program >- Facilitate and direct Administrative Support Group >- Facilitate direct special assignment committee and participate in mid-manager's group >- Recognize public safety employees of the year GOAL 4: PROVIDE PROFESSIONAL GUIDANCE AND SUPPORT IN THE AREAS OF WORKERS' COMPENSATION AND SAFETY FOR CITY EMPLOYEES OBJECTIVES: >- Conduct monthly employee safety meetings to implement the City's injury and illness prevention program >- Conduct fire drills and safety inspections >- Promote injury prevention programs >- Continuous heightening of "Safety First" awareness by offering safety training >- Administer Tailgate Safety Program >- Administer Safe Driving Program Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2001-04 FY 2001-04 FY 2004-05 FY 2005.06 Number of recruitments conducted 28 51 55 60 Percent of recruitments within a six-week timeline 99% 85% 90% 90% Number of applications processed 1,000 2,093 2,200 2,500 Number of employee safety meetings 11 10 11 11 Number of mid-management meetings 4 12 12 12 Number of training days provided per employee 3 3 3 3 Number of employees receiving recognition awards 54 60 70 75 Number of employee quarterly luncheons 4 4 4 4 Number of admin. support group meetings 11 11 11 11 Percent of evaluations processed within 85% 80% 85% 85% prescribed timeframes City Council Meeting of June 14, 2005 36 of 96 cLttj AttoyV\,etj I CO~~ I CITY ATTORNEY Peler M. Thorsen CITY MANAGER Shawn D. Nelson City Council Meeting of June 14, 2005 37 of 96 Program: City Attorney Funding Source: General Fund Actual Actual Budgeted Proposed Expenditure Summary FY2002-03 FY2003-04 FY 2004-05 FY 2005-06 Personnel Operations & Maintenance $ 771,195 $ 737,730 $ 850,000 $ 800,000 Capital Outlay Total $ 771,195 $ 737,730 $ 850,000 $ 800,000 PROGRAM: CITY ATTORNEY MISSION: The City Attorney serves as legal advisor to the City Council, City Manager, and the various City departments, commissions, committees, and boards. The City Attorney prepares and approves for legality the majority of proposed City ordinances, resolutions, contracts, and other legal documents. The City Attorney also represents the City in aU litigation. GOAL 1: PROVIDE SOUND LEGAL COUNSEL TO THE CITY COUNCIL, CITY MANAGER, AND CITY STAFF, COMMISSIONS, COMMITTEES AND BOARDS ON ALL MATTERS CONCERNING THE CITY AND ADMINISTRATION OF CITY POLICY ORJECTIVES: >- Render legal advice on all City matters to Council and staff in a manner that permits timely and appropriate action >- Review and advise staff in a timely manner on court decisions and new laws that affect City operations >- Advise and represent the City on litigation matters in a complete and timely fashion >- Review all ordinances, resolutions, contracts and agreements in a complete and timely manner City Council Meeting of June 14, 2005 38 of 96 c~tt:1 cLey~ CITY CLERK/ DIRECTOR OF SUPPORT SERVICES Susan W. Jones DEPUTY DIRECTOR OF SUPPORT SERVICES Michaela Ballreich CITY CLERK SUPPORT SERVICES Council Support Elections Legislative History Public Infonnation Copy Center/Mail Room Reception SeIVices Records Management City Council Meeting of June 14, 2005 39 of 96 Program: City Oerk Funding Source: General Fund Actual Actual Budgeted Proposed Expenditure Summary FY 2002-03 FY2003-04 FY 2004-05 FY 2005-06 Personnel $ 518,806 $ 509,872 $ 604,000 $ 676,002 Operations & Maintenance 243,694 327,165 283,000 240,489 Capital Outlay 24,824 Total $ 762,500 $ 837,037 $ 911,824 $ 916,491 Authorized Authorized Personnel Allocation 2004-05 Chanees 2005-06 City Clerk/Director of Support Services 1.00 0.00 1.00 Deputy Director of Support Services 1.00 0.00 1.00 Senior Records Coordinator 1.00 0.00 1.00 Administrative Assistant 1.00 0.00 1.00 Minute Clerk 1.00 0.00 1.00 Office Specialist 2.00 0.00 2.00 Departmeut Total 7.00 0.00 7.00 City Council Meeting of June 14, 2005 40 of 96 MISSION: PROGRAM: CITY CLERK To compile and maintain the official records of the City and to make them readily accessible to all; to conduct fair and impartial municipal elections; to prepare, certify, and/or adhere to public notice requirements with regard to legal documents, ordinances, resolutions, public hearings, etc.; to codify and disseminate the City's Municipal Code; to promote public awareness of the processes of government; to provide meeting, administrative, and legislative support to the Mayor, City Council members, and its Commissions and Committees. 2004-2005 ACCOMPLISHMENTS: GOAL 1: OBJECTIVES: GOAL 2: OBJECTIVES: . Electronically scanned all agendas, minutes, resolutions and ordinances as adopted . Electronically scanned approximately 23,000 large size maps . Provided appropriate support of the timely processing of City documents to the City Council, City staff and the community . Completed yearly review and modification of City-wide Records Retention Schedule . Implemented a bar-coding system for all off-site City records . Provided information on community and City events on the local cable television channel, to be broadcast during the intermissions at City Council meetings . Successfully completed two Youth in Government Programs for Seniors at Temecula Valley High School and Chaparral High School . Implemented an electronic agenda for use of City Council Members and staff PROVIDE APPROPRIATE SUPPORT TO THE CITY COUNCIL, CITY STAFF, AND THE COMMUNITY REGARDING THE TIMELY PROCESSING OF CITY DOCUMENTS ~ Prepare and distribute agenda packets to the City Council at least 72 hours prior to all meetings >- Record, transcribe, and finalize meeting minutes in a timely manner for City Council, Temecula Community Services District, Redevelopment Agency, Temecula Public Financing Agency, Planning Commission, Publicrrraffic Safety Commission, and the Old Town Local Review Board ~ Provide timely processing of ordinances and resolutions within one week of adoption );> Process contracts and agreements within ten days of City Council action DEVELOP AND IMPLEMENT A YOUTH IN GOVERNMENT PROGRAM >- Work in conjunction with the school district to select 20 senior advanced placement government students to participate in the program ~ Establish ajob shadow for City Council Members, Department Directors and key staff );> Develop a "mock" City Council Meeting for students to participate as their designated City official City Council Meeting of June 14, 2005 41 of 96 GOAL 3: ADMINISTER A COMPREHENSIVE RECORDS MANAGEMENT PROGRAM )i;. Continue the scanning of permanent records such as City Council Agendas, minutes, resolutions, ordinances, and agenda packets immediately upon adoption )> Conduct training on the newly adopted comprehensive City of Temecula retention and the usage of Laserfiche >- Ensure proper implementation of technology to ensure efficient records retrieval and archiving ~ Continue to provide excellent customer service by handling all records requests within a ten day period Projected Actual Projected Projected PERFORMANCE MEASURES: FY 20n1~04 FY 2001~O4 FY 2004-05 FY 2005-06 Average time for distribution of Council 96 hours 96 hours 96 hours 96 hours packets before meetings Average time to finalize meeting minutes 4 weeks 4 weeks 4 weeks 4 weeks Average processing of ordinances and 6 days 6 days 6 days 6 days resolutions from time of adoption Average processing of contracts from time of 8 days 6 days 6 days 6 days City Council action City Council Meeting of June 14, 2005 42 of 96 ,- r/.,/I\,Cl /l\,ce DIRECTOR OF FINANCE Genie Roberts ASSISTANT FINANCE DIRECTOR Jason Simpson FINANCE SUPPORT SERVICES Gus Papagolos Payroll General Ledger Maintenance Operating Budget financial Reporting Cash & Investments Contract Administration Debt Financing Community Facilities Capital Improvement Program Budget Risk Management Purchasing Business Licensing Cashiering Grant Administration FINANCE OPERATIONS FINANCE MANAGEMENT ACcOlmts Payable Accounts Receivable City Council Meeting of June 14, 2005 43 of 96 Program: Finance Personnel Allocation Funding Source: General Fund Actual Actual Budgeted Proposed FY 2002-03 FY2003-o4 FY 2004-05 FY2005-06 $ 973,461 $ 1,098,835 $ 1,297,400 $ 1,373,989 437,506 437,783 499,361 471,650 5,000 $ 1,410,967 $ 1,536,618 $ 1,796,761 $ 1,850,639 Authorized Authorized 2004-05 Chan~es 2005-06 1.00 0.00 1.00 1.00 0.00 1.00 0.75 0.00 0.75 1.00 0.00 1.00 1.00 0.00 1.00 0.50 0.00 0.50 1.00 0.00 1.00 0.75 0.00 0.75 3.00 0.00 3.00 1.00 0.00 1.00 1.00 0.00 1.00 2.00 0.00 2.00 14.00 0.00 14.00 Expenditure Summary Personnel Operations & Maintenance Capital Outlay Director of Finance Assistant Finance Director Fiscal Services Manager Revenue Manager Senior Accountant Senior Debt Analyst Accountant Administrative Assistant Accounting Specialist Purchasing Coordinator Business License Specialist/Cashier Accounting Assistant Department Total City Council Meeting of June 14, 2005 44 of 96 PROGRAM: FINANCE OPERATIONS AND MANAGEMENT MISSION: The Finance Operations and Management Program is responsible for managing the City's financial operations in accordance with established fiscal policies. Primary responsibilities include cash and investment management, financial reporting, preparation of the Annual Operating Budget, internal audit, payroll, accounts payable and receivable, financial oversight, and administration of all City funds and accounts. Additionally, the department administers the public safety contracts of police and fire. 2004-05 ACCOMPLISHMENTS: . Received awards from the California Society of Municipal Finance Officers (CSMFO) and Government Finance Officers (GFOA) for excellence in financial reporting for the City's Comprehensive Annual Financial Report (CAFR) . Received awards from CSMFO and apOA for excellence in operational budgeting for the City's FY 2004-2005 Annual Operating Budget . Completed one Community Facility District Completed and implemented the revised citywide User Fee Study GOAL 1: PROVIDE COMPREHENSIVE AND METICULOUS GENERAL ACCOUNTING SYSTEMS TO ENSURE THE CITY OF TEMECULA MAINTAINS A SOUND FINANCIAL CONDITION OBJECTIVES: ~ Manage the investment portfolio with the safety of principal as the primary objective and return on investment as the secondary objective, while maintaining liquidity to meet the City's obligations )> Provide timely and accurate check runs for accounts payable and processing of payroll >- Provide timely and accurate financial reports, including the CAFR to the decision makers and operating departments >- Continue to prepare the CAFR, obtain an unqualified audit opinion, and comply with the CSMFO and GFOA award criteria GOAL 2: PROVIDE A SOUND FINANCIAL PLAN FOR THE CITY THROUGH THE BUDGET PROCESS OBJECTIVES: ~ Continue to utilize the five-year financial plan to determine the future impact of proposed programs and capital improvement projects to ensure long term fiscal stability ~ Prepare an Annual Operating Budget which complies with the CSMFO and GFOA award criteria GOAL 3: PROVIDE CONTRACT COORDINATION AND OVERSIGHT OF THE CITY'S POLICE AND FIRE SERVICES CONTRACTS WITH RIVERSIDE COUNTY OBJECTIVES: ~ Negotiate annual service contracts that provide the highest level of services to the City City Council Meeting of June 14, 2005 45 of 96 Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2003-04 FY 2003-04 FY 2004-05 FY 2005-06 Percentage of bank reconciliations performed 100% 100% 100% 100% before the close of the subsequent month Invoices processed per year 14,800 14,801 15,000 15,500 Payroll checks/direct deposits processed per 5,850 5,850 6,150 6,200 year CSMFO and GFOA award winning CAFR documents prepared with unqualified opinions Management letter comments as a result of 0 0 0 0 City's annual audit CSMFO and GFOA award winning operating budgets prepared City Council Meeting of June 14, 2005 46 of 96 PROGRAM: FINANCE SUPPORT SERVICES MISSION: The Finance Support Services Program is responsible for the preparation of the Capital Improvement Program (ClP) budget document, risk management, purchasing, business licensing, grant administration, and other Finance Support related projects. 2004-2005 ACCOMPLISHMENTS: . Received the award of excellence in Capital budgeting from the California Society of Municipal Finance Offices (CSMFO) for the 2005-2006 CIP budget . Renewed the City's property and liability insurance policies with a smaller than anticipated premium increase . Improved the Business License database tracking of sales tax receipts using SBOE 990 information GOAL 1: PROVIDE A COMPREHENSIVE CAPITAL IMPROVEMENT PROGRAM (CIP) FOR THE CITY THROUGH THE CIP BUDGET PROCESS OBJECTIVES: ~ Prepare a CIP budget document in accordance with the CSMFO award criteria );> Work collaboratively with each department individually and in workshops to ensure completeness and consistency throughout the CIP process in accordance with City Council direction GOAL 2: MINIMIZE CITY LIABILITY THROUGH THE PROPER ADMINISTRATION OF THE RISK MANAGEMENT PROGRAM OBJECTIVES: );> Conduct quarterly and as-needed field inspections of right-of-way and parks with the insurance carrier's loss control administrator >> Conduct a preliminary review of all claims within ten calendar days of receipt );> Actively participate in monthly Safety Committee meetings );. Update the Risk Management Policy and Safety Manuals GOAL3: ENSURE A CUSTOMER SERVICE ORIENTED PURCHASING OPERATION WHICH PROVIDES SUPPORT FOR ALL CITY PURCHASES OBJECTIVES: >> Process 90% of all purchase requests within 48 hours of receipt );> Use California Multiple Award Schedules to streamline the PlITchasing time line and take advantage of competitive pricing );> Frequently update and train staff on contract requirements for professional services, maintenance and construction agreements );> Assist staff in the preparation and review of Requests for Proposals (RFP) and Requests for Qualifications (RFQ) City Council Meeting of June 14, 2005 47 of 96 GOAL 4: PROVIDE AN EFFECTIVE BUSINESS LICENSE PROGRAM WHICH ENCOURAGES 100% PARTICIPATION BY CITY BUSINESSES OBJECTIVES: );> Process 90% of all new license applications within five working days ~ Process 95% of all business license renewals by February 28th each year )> Coordinate administrative action with Code Enforcement for businesses that do not have an active Business License )> Quarterly review business license and sales tax data to identify businesses that do not have a sales permit number Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2001.04 FY 2003-04 FY 2004_0~ FY 2005-06 Number of business licenses issued 6,000 6,200 7,100 7,300 Percent ofhusiness license applications 95% 95% 95% 95% processed within 5 working days Percent ofhusiness license renewals 95% 95% 97% 97% processed by February 29th Number of purchase orders processed 2,800 3,000 3,200 3,400 Percent of purchase orders processed within 98% 98% 98% 98% 48 hours of receipt Percent of claims processed within 10 days of 100% 100% 100% 100% receipt City Council Meeting of June 14, 2005 48 of 96 / Co VVt VVt L-<. V'v/" t t:1 r:>eveLo-pVVteV'vt DEPUTY CITY MANAGER Gary Thornhill DIRECTOR OF PLANNING Dl:bbic Ubnoskc DIRECTOR OF BUILDING & SAFETY Ton\! Elmo DEPUTY DIRECTOR PUBLIC WORKS ROil Parks CURRENT PLANNING ADVANCE Pl.A1\TNJNG AJ)MINISTRATIV SER\1CES LAND PMENT DevelCl>mcnt. Re\iew Public Inlbnnation CEQA Management Genernl Plnn Ordinance Development CEQA Managemem Agency Review Code Enforcement DevelQpmem Processing Public Information Plan Review Processing Plan Review Pennit Tssuance Inspection Scrv:icGS Permits Plan Checks Map Reoordation Development Inspection Plan Review City Council Meeting of June 14, 2005 49 of 96 Program: Planning * Funding Source: General Fund Actual Actual Budgeted Proposed FY 2002-03 FY 2003-04 FY2004-oS FY 200S-06 $ 1,987,698 $ 1,911,035 $ 2,283,918 $ 2,539,766 926,365 747,965 990,767 1,012,840 Espenditure Summary Personnel Operations & Maintenance Capital Outlay $ 2,914,063 $ 2,659,000 $ 3,274,685 $ 3,552,606 *GlS as of FY 03-04 was combined with Infonnation System:; in the Internal Service Fund. Program: Building and Safety Funding Source: General Fund Actual Actual Budgeted Proposed FY 2002-03 FY2003-o4 FY 2004-oS FY200S-06 $' 1,424,979 $ 1,715,756 $ 1,991,615 $ 2,156,394 601,906 5%,021 641,325 675,289 Espenditure Summary Personnel Operations & Maintenance Capital Outlay $ 2,026,886 $ 2,311,777 $ 2,632,940 $ 2,831,683 Program: Land Development Funding Source: General Fund Actual Actual Budgeted Proposed FY 2002-03 FY 2003-04 FY 2004-oS FY200S-06 $ 1,135,666 $ 1,326,277 $ 1,540,000 $ 1,676,636 308,349 352,367 469,440 394,989 Expenditure Summary Personnel Operations & Maintenance Capital Outlay $ 1,444,014 $ 1,678,643 $ 2,009,440 $ 2,071,625 City Council Meeting of June 14, 2005 50 of 96 Authorized Authorized Personnel Allocation 2004-05 Changes 2005-06 PLANNING Deputy City Manager 1.00 0.00 1.00 Director of Planning 1.00 0.00 1.00 Principal Planner 3.00 0.00 3.00 Senior Planner 1.00 0.00 1.00 Associate Planner 6.00 0.00 6.00 Development Processing Coordinator 1.00 0.00 1.00 Code Enforcement Officer II 1.00 1.00 2.00 Assistant Planner 1.00 0.00 1.00 Code Enforcement Officer I 2.00 0.00 2.00 Administrative Assistant 1.00 0.00 1.00 Senior Office Specialist 0.00 1.00 1.00 Office Specialist 2.00 (1.00) 1.00 Office Assistant 2.00 0.00 2.00 Department Total 22.00 1.00 23.00 BUILDING & SAFElY Director of Building and Safety 1.00 0.00 1.00 Deputy Building Official 1.00 0.00 1.00 Senior Building Inspector 1.00 0.00 1.00 Plan Checker / Building Inspector 1.00 0.00 1.00 Building Inspector II 7.00 0.00 7.00 Building Inspector III 1.00 0.00 1.00 Community Development Technician 4.00 0.00 4.00 Administrative Assistant 1.00 0.00 1.00 Office Specialist 1.00 2.00 3.00 Office Assistant 2.00 (1.00) 1.00 Departmeut Total 20.00 1.00 21.00 LAND DEVEUJPMl!NT Director of Public Works/City Engineer 0.30 0.00 0.30 Deputy Director of Public Works 0.30 0.00 0.30 Senior Engineer 1.00 0.00 1.00 Associate Engineer 3.00 0.00 3.00 Special Projects Associate Engineer 1.00 0.00 1.00 Senior Public Works Inspector 2.00 0.00 2.00 Assistant Engineer 3.00 0.00 3.00 Junior Engineer 1.00 0.00 1.00 Engineering Tech 1II 1.00 0.00 1.00 Public Works Inspector 1.50 0.00 1.50 Administrative Assistant 0.25 0.00 0.25 Office Specialist 1.00 0.00 1.00 Office Assistant 0.33 1.00 1.33 Department Total 15.68 1.00 16.68 City Council Meeting of June 14, 2005 51 of 96 PROGRAM: CURRENT PLANNING MISSION: The Current Planning Program provides a variety of planning services to the community, including reviewing and processing of development proposals for conformance with City policies and regulations and implementation of the California Environmental Qnality Act (CEQA). In additiou, staff provides support to the Planning Commission and City Council and assists the general public and development applicants regarding planning information and application processing. 2004-200S ACCOMPLISHMENTS: . Processed approximately 16% more public hearing cases than the previous fiscal year . Hired architectural and telecommunication consultants . Organized the formation of a Citywide Process Improvement Team GOAL 1: MAINTAIN A HIGH LEVEL OF CUSTOMER SERVICE OBJECTIVES: }> Complete updates of application forms and downloading on City web page >- Implement process streamlining measures as recommended by Process Improvement Team )- Conduct internal customer service on surveys on an ongoing basis including a quarterly assessment/strategy session to include all current planning staff GOAL 2: CLARIFY THE CITY'S DESIGN OBJECTIVESIREVIEW PROCESS TO THE COMMUNITY OBJECTIVES: }> Complete update of design guidelines document by the end of the 2005-06 fiscal year >- Update the department website with revised application forms and submittal requirements by the end of the 2005-06 fiscal year ) Develop an electronic copy of the application forms and design guidelines and make compact discs available for the public Projected Actual Projected Projected PERFORMANCE MEASURES: FV 200J-04 FV 2001_04 FV 2004-05 FY 2005_06 Number of public hearing cases submitted 62 86 54 90 Number of pre-application meetings scheduled 30 26 25 40 Number of "fast track" projects 3 3 3 3 City Council Meeting of June 14, 2005 52 of 96 PROGRAM: ADVANCE PLANNING/SPECIAL PROJECTS MISSION: The Advance Planning and Special Projects Program is responsible for a variety of long-range planning issues affecting the community, including implementation and maintenance of the City's General Plan and Municipal Code; preparation of special land use studies; and utilization of vital demographic and geophysical information. Additionally, this program provides support services to other departments/agencies, monitors various regional agencies and programs, and develops special projects in response to City Council direction. 2004-200S ACCOMPLISHMENTS; Completed draft documents for seven often General Plan Elements Completed the update of the Old Town Specific Plan Processed fourteen environmental reviews Participated in regional meetings that affect the City and its residents . Completed revised User Fee Study for the department GOAL 1; UPDATE AND MAINTAIN THE GENERAL PLAN AND DEVELOPMENT CODE TO ENSURE THE CONTINUED PROVISION OF ACCURATE GUIDANCE AND DIRECTION FOR PRIVATE DEVELOPMENT, AS WELL AS LOCAL PROGRAMS AND PLANNING ACTIVITIES OBJECTIVES: ~ Complete the comprehensive update of the General Plan ). Amend the development code and official zoning map to conform to the updated General Plan GOAL 2: CONTINUE TO REPRESENT AND PURSUE CITY INTERESTS ON VARIOUS REGIONAL AND INTER-JURISDICTIONAL ISSUES OBJECTIVES: >> Actively participate in regional planning activities GOAL 3: CONDUCT ENVIRONMENTAL REVIEW FOR CITY PROJECTS AND REGIONAL PROJECTS OBJECTIVES: >> Work with the Community Services Department, Public Works Department, and project consultants to ensure compliance with the provisions of the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) for projects having Federal, State, local, or regional jurisdiction and/or funding City Council Meeting of June 14, 2005 53 of 96 PROGRAM: CODE ENFORCEMENT/ADMINISTRATIVE SERVICES DIVISION MISSION: The Code Enforcement/Administrative Services Division provides a variety of planning services to the community, including; reviewing development proposals; monitoring regional agencies and programs; and coordinating with outside agencies to protect the quality of life within the City of Temecula. In addition, this Division is tasked with implementing and managing an effective code enforcement program. This Division also provides administrative staff support for the Community Development Department and aides in the coordination of development services with the public. 2004-200S ACCOMPLISHMENTS: . Successful annexation of the Redhawk area into the City Successful completion of the annual Citywide weed abatement program with the inspection of 1 ,017 parcels and forced abatement of 80 parcels Adopted the Community Standards Preservation Ordinance . Secured approximately $17,800 in revenue from the Abandoned Vehicle Abatement program . Provided over 3,200 code enforcement field inspections . Completed Code Enforcement transition from paper based to digital record keeping GOAL 1: ENSURE THAT THE CITY'S INTERESTS ARE REPRESENTED ON THE RIVERSIDE COUNTY INTEGRATED PROJECT (RCIP) AND MONITOR DEVELOPMENT ACTIVITY ADJACENT TO AND WITHIN THE CITY'S SPHERE OF INFLUENCE OBJECTIVES: )0> Represent the City's interests and continue to participate in the Riverside County Integrated Project, Multi-Species Habitat Conservation Plan, and Community Environmental Transportation Acceptability Process ) Provide comprehensive research, written comments, and present public testimony on projects and issues within the County of Riverside, the City of Murrieta and numerous agencies and special districts that might affect the quality of life in Temecula >- Coordinate inter-governmental relations between the City of Temecula, the County of Riverside, and local jurisdictions GOAL 2: ENSURE A SAFE, DECENT AND ATTRACTIVE ENVIRONMENT FOR RESIDENTS, BUSINESSES AND VISITORS AND PRESERVE AND UPGRADE THE CITY'S HOUSING AND COMMERCIAL PROPERTIES OBJECTIVES: >- Maintain a three-day response time for addressing citizen generated concerns on housing, health and safety, land use, public nuisance, animal control, and vector control matters );> Contact reporting party at the close of each case City Council Meeting of June 14, 2005 54 of 96 GOAL 3: PROVIDE AN EFFECTIVE CITYWIDE WEED ABATEMENT PROGRAM OBJECTIVES: ~ Manage the commencement of annual weed abatement activities Citywide by May 1 and complete the program activities in a timely manner );> Monitor the completion of weed abatement activities and obtain City Council confirmation of abatement cost assessments for timely recording on the following year's property tax rolls >- Ensure Code Enforcement Officers are allocated time to respond to public inquiries GOAL4: MAINTAIN A RESPONSIVE PROGRAM FOR CONTROL OF VECTOR NUISANCES OBJECTIVES: );> Provide resource infonnation to public within 24 hours of receipt for all citizen concerns Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2003-04 FY 200~_O4 FV 2004_05 FY 2005-06 Code Enforcement concerns responded to within three working days 2,815 3,224 3,080 4,200 Percent of complaints contacted at the close of cases 100% 100% 100% 100% Percent of weed abatement activities commenced by May I 100% 100% 100% 100% Percent of resource information made available to the public within 24 hours 100% 97% 100% 100% City Council Meeting of June 14, 2005 55 of 96 PROGRAM: BmLDING SERVICES MISSION: The Building Services Program is responsible for enforcing the City's Building and Safety codes; performing plan checks on construction documentation to ensure that project proposals meet City codes; distributing plans for review by other agencies or City departments; issuing building permits after plans are completed and corrected; completing final inspections; and issuing certificates of occupancy. The program also performs special inspections; implements certain stare laws such as the California Disabled Access Regulations; is responsible for updating Building and Fire codes required by the State of California (including local amendments); provides guidance to the general public and development community regarding the Uniform Building Codes and project applications; and is responsible for inspections of private development projects, construction within the public right-of-way exclusive of capital projects, and erosion control enforcement. 2004-2005 ACCOMPLISHMENTS: Hosted two residential developers workshops Hosted one commercial developers workshop . Established an "Express Permits Desk" for expedited issuance of permits for water heaters, patio covers, and walls . Established a "Builders Corner" initial how to projects for a series on the city's website . Performed in excess of 4300 unrequested/unscheduled inspections. . Performed over 51,000 inspections . Commercial permits issued for new construction is 748,821 sq ft . Residential permits issued was 754 . Residential permits finalized was 1,128 homes Established individual construction program meetings with building owners/contractors . Implemented concurrent Building and Fire Department plan reviews resulting in shorter process time in approving projects for permit issuance. GOAL!: PROVIDE COMPREHENSIVE BUILDING DEPARTMENT PLAN REVIEW FOR COMPLIANCE WITH FEDERAL, STATE, AND LOCALLY MANDATED BUILDING RELATED CODES FOR ALL NEW AND REMODEL PERMIT APPLICATIONS OBJECTIVES: >> Provide initial plan review comments and conditions within 10-12 working days from the date of submittal >> Provide review of resubmitted plans in a 5 to 7 working day period >> Provide complete in-house plan review for minor tenant improvements, non-structural additions and remodels, permit applications ~ Provide comprehensive, efficient and timely building department plan review GOAL 2: ENSURE THE TIMELY ISSUANCE OF BUILDING CONSTRUCTION PERMITS OBJECTIVES: >> Enhance the City's permit issuance and tracking software by implementing workflow to increase efficiency in the processing and issuance of building related permits ~ Utilize new software to increase efficiency in departmental communication network to obtain final approval for building permit issuance >> Increase efficiency at counter by processing multiple permits > Utilize appointments for the issuance of tract and multiple permits City Council Meeting of June 14, 2005 56 of 96 PROGRAM: BUILDING SERVICES GOAL3: PERFORM EFFICIENT AND TIMELY BUILDING INSPECTIONS FOR ALL TYPES OF BUILDING CONSTRUCTION WITHIN THE CITY OBJECTIVES: ). Respond to inspection requests within 24 hours inspection turn around time >- Continue inspection teams and areas to develop familiarity with product and developer personnel, resulting in increased inspection efficiency and decreased travel time " Perfonn unrequested inspections for homeowners/developers .,. Conduct progress meetings to provide contractors with clear expectations of our process PROVIDE RESPONSIVE ASSISTANCE TO THE PUBLIC GOAL 4: OBJECTIVES: " Provide construction related information as an "over the counter" service to the public " Ensure inspectors have time allocated to respond to customer questions " Provide informational site inspections to homeowners performing home projects );> Provide information for a "How To" series of handouts for use by homeowners for home improvementprojec~ > Conduct hi-annual workshops for active developers within the City of Temecula :;0. Address customer concerns and quality of infonnation available to homeowners on the city's web site Projected Actual Projected Projected PERFORMANCE MEASURES: FV 201H_04 FY 20fH_04 FV 2004_05 FY 2005_06 Percent of initial plan reviews within 12 100% 100% 100% 100% working days Percent of residential plan re-reviews 5 to 7 100% 100% 100% 100% working days Percent of commercial plan re-review within 7 100% 100% 100% 100% to 10 working days Building related pennits issued 3902 3696 2995 4050 Percent of combination building inspections 100% 100% 100% 100% perfonned within 24 hours 100% Combination building inspections perfonned 49,969 60,000 51,000 53,292 Number ofunrequested "bonus" inspections 0 1,500 4,300 4,237 perfonned Number of Certificates of Occupancy 72 225 141 279 inspections performed Number of workshops provided for active 2 4 3 3 developers within the City City Council Meeting of June 14, 2005 57 of 96 PROGRAM: LAND DEVELOPMENT MISSION: The Land Development Division provides a variety of public services related to engineering, review and construction observation to ensure all private land development and subdivision activity with the city is designed and completed to the highest of public standards. 2004-200S ACCOMPLISHMENTS: . Processed residential and commercial development subdivision maps, encroachment and grading permits, boundary adjustments, street improvements and tield inspections . Completed review of maps and plans for HarvestoD Specific Plan phases I and II; Wolf Creek Specific Plan Phase I and the Roripaugh Ranch infrastructure facilities . Wolf Creek - Completion of Loma Linda Road & Wolf Valley Road; streets and utilities in north portion; Sports Park under construction. . HarvestoD - Sports Park open; Phase 1- 95% complete; Phase II - 90% complete . Roripaugh Ranch - Panhandle streets & utilities -50% completed; Murrieta Hot Springs Road (panhandle), Butterfield Stage Road & Murrieta Hot Springs Road rough graded . Crowne Hill- Completed . Old Town - Saileys Restaurant, Penny Dome, Temecula Senior Apartments . Temecula Regional Mall- Red Lobster, Krispy Kreme, Islands, Macaroni Grill Temecula Creek Villages - Apartment Complex and Retail Center completed . Improved public internet access by scanning engineering maps, improvement plans and related ordinances; mapped storm drain systems for GIS . Implemented Water Quality Management Plan; inspected, and enforced compliance of NPDES and FEMA review and oversight program GOAL 1: ENSURE THAT ALL PRIVATE LAND DEVELOPMENT AND SUBDIVISION ACTIVITIES ARE COMPLETED TO THE HIGHEST OF STANDARDS OBJECTIVES: ~ Increase plan check and review capabilities by implementing in-house surveying, mapping and monumentation services ~ Ensure development projects are reviewed, conditioned and approved in compliance with local, state and federal policies and regulations )> Work in partnership with other City departments and outside agencies to ensure all development related issues are addressed >- Ensure construction compliance with the approved plans through superior inspection observation services to the community };> Provide review, oversight and public education relating to the implementation of the NPDES and FEMA programs GOAL 2: PROVIDE THE HIGHEST LEVEL OF PUBLIC ASSISTANCE AND EXCEPTIONAL CUSTOMER SERVICE RELATED TO LONG-TERM GROWTH AND LAND DEVELOPMENT WITHIN THE COMMUNITY City Council Meeting of June 14, 2005 58 of 96 OBJECTIVES: ~ Streamline the application process by implementing Permits Plus Work Flow program >- Improve and track plan check and inspection reports by implementing the Crystal Reports program > Increase accessibility to all engineering plans by continuing to scan/catalog these documents into LaserFiche > Turn around development review plan checks with three weeks of the first complete project submittal and subsequent plan checks within two weeks of complete submittal >- Turn around encroachment and use permits within one week of complete application Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2003-04 FY 2001-04 FV 2004-05 FY 2005-06 Documents scanned into LaserFiche 2,500 3200 3,600 4000 Tract/Parcel maps reviewed 40 42 40 67 Improvement plans reviewed 750 792 750 800 Encroachments/use permits issued 300 287 350 350 Permit inspection requests within 24 hours 100% 100% 100% 100% NPDES compliance inspections 400 500 600 750 First plan check turnaround time 3 weeks 3 wks 3 weeks 3 weeks Subsequent plan checks turnaround time 2 weeks 2 wks 2 weeks 2 weeks Map changes turnaround time 2 weeks 2 wks 2 weeks 2 weeks Development review turnaround time 2 weeks 2 wks 2 weeks 2 weeks Use permits turnaround time 1 week 1 wk 1 week 1 week City Council Meeting of June 14, 2005 59 of 96 pubLLc WOY~s. DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER Bill Hughes DEPUTY DIRECTOR OF PUBLIC WORKS Ron Parks I I I l TRAFFIC ADMINISTRATION CAPITAL PROJECTS LAND MAINTENANCE ENGINEERlNG SPECIAL ADMINISTRATION DEVELOPMENT PROJECTS ENGINEERlNG - Pavement Management _ TraflidSafety L City/Council f- Project Development - Permits - Signing/Striping _~ornmission Coordinating f- Grant Application - Plan Checks Traffic Census Connnittees - Tree Trinnning f-Traffic Device IrwentOl)' I-Non-CIP Design Projects I- Plans & Specifications - Map Recordati - Weed Abatement f-Speed Surveys Development Review -Requests for - Development Drainage Charmels/ f-Traffic Signal MainteftMlce t-Other Agency Review Proposals/Public _ FEMA ProjlFlo - Catch Basins ~Traffic Signal Timing I- Personnel Bidding Administration - Special Events - Traffic Analysis Investigatioo Administration f-Construction Management - Bond Adrnini . - Graffiti Removal L... Monitor Response !-Construction Inspection - NPDES Compl _Public Service Requests Projects L-AssessmentlCFD Inspections - Contract Achninistration -Traffic Detour Plans Districts - Development PI _ Public Service Requests Reviews & Con _ Emergency Service on Inspection odplan stration laIlce& aIlS ditions ResJXlliSe J City Council Meeting of June 14, 2005 60 of 96 Program: Public Works Expenditure Summary Personnel Operations & Maintenance Capital Outlay Program: elP Administration Expenditure Summary Personnel Operations & Maintenance Capital Outlay Personnel Allocation PUBLIC WORKS Director of Public Works/City Engineer Deputy Director of Public Works Principal Engineer Associate Engineer Maintenance Superintendent Assistant Engineer Maintenance Supervisor Management Analyst Landscape Inspector Administrative Assistant Senior Signal Technician Assistant Signal Technician Lead Maintenance Worker Maintenance Worker Senior Office Specialist Office Specialist Office Assistant Total Funding Source: General Fund Actual Actual Budgeted Propos ed FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 $ 1,267,079 $ 1,441,801 $ 1,852,218 $ t ,972, 190 2,578,798 3,168,t79 3,880,084 3,684,651 6,363 10,000 $ 3,845,877 $ 4,616,343 $ 5,742,302 $ 5,656,841 Funding Source: General Fund Actual Actual Budgeted Proposed FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 $ 1,415,336 $ 1,631,543 $ 2,153,000 $ 2,446,273 348,533 302,872 350,700 330,600 6,014 $ 1,769,883 $ 1,934,415 $ 2,503,700 $ 2,776,873 Authorized Authorized 2004-05 Chan2es 2005-06 0.40 0.00 0.40 0.40 0.00 0.40 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 0.50 0.00 0.50 0.25 0.00 0.25 0.50 0.00 0.50 1.00 0.00 1.00 0.00 1.00 1.00 4.00 1.00 5.00 5.00 1.00 6.00 0.00 1.00 1.00 1.00 (1.00) 0.00 1.33 0.00 1.33 19.38 3.00 22.38 City Council Meeting of June 14, 2005 61 of 96 PUBLIC WORKS -CIP ADMINISTRATION Director of Public Works/City Engineer 0.30 0.00 0.30 Deputy Director of Public Works 0.30 0.00 0.30 Principal Engineer 2.00 0.00 2.00 Senior Engineer 1.00 0.00 1.00 Associate Engineer 6.00 0.00 6.00 Construction Manager 1.00 0.00 1.00 Property Agent 1.00 0.00 1.00 Senior Public Works Inspector 2.00 0.00 2.00 Assessment District Specialist 0.00 1.00 1.00 Assistant Engineer 4.00 (1.00) 3.00 Management Analyst 0.50 0.00 0.50 CIP Specialist 0.75 0.00 0.75 Public Works Inspector 0.50 0.00 0.50 Administrative Assistant 0.25 0.00 0.25 Office Specialist 1.00 0.00 1.00 Office Assistant 1.34 0.00 1.34 Total 21.94 0.00 21.94 Department Total 41.32 3.00 44.32 City Council Meeting of June 14, 2005 62 of 96 PROGRAM: MAINTENANCE MISSION: The Maintenance Program is responsible for all maintenance activities associated with the City's streets, drainage facilities, traffic control devices, street trees and parkways, graffiti remova~ weed abatement, stenciling/striping, pothole patching, and service order requests. 2004-2005 ACCOMPLISHMENTS: Planted over 150 new street trees through the "Trees for Temecula" program Provided support to City sponsored events . Provided emergency response through its after hours call-out program . Maintained 614 miles of public right-of-way, including related drainage systems, tree trimming, graffiti removal, and weed abatement Completed 15,000 square feet of pavement repairs and slurry sealing of streets Cleaned and checked 2,500 catch basins GOAL 1: PROVIDE A RESPONSIVE AND COMPREHENSIVE MAINTENANCE PROGRAM TO MEET THE NEEDS OF THE CITIZENS AND ENSURE PUBLIC SAFETY OBJECTIVES: )> Respond to all service order requests within a 24-hour period :> Ensure service requests requiring emergency repairs are completed within 48-hours :;... Remove graffiti within a 24-hour period )I. Implement a Pavement Management System that addresses a minimum of 85% of all pavement projects )> Re-stencil Citywide street legends twice per year ). Continue improvement ofroutine and major maintenance programs >- Monitor and improve the stonn drain systems in compliance with the National Pollutant Discharge Elimination System (NPDES) ~ Upgrade response and field procedures for emergency situations Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2001-04 FV 20m-04 FY 2004-0S FV 2001\-06 Number of service order responses 500 735 650 675 Number of legends stenciled 3,000 2,500 4,500 4,500 Number of street signs replaced 500 687 900 1,152 Square feet of graffiti removed 30,000 26,500 50,000 50,000 Square feet of sidewalks/curb/gutters repaired 20,000 18,000 20,000 25,000 Miles of City streets slurry sealed 18 18 t8 18 Miles of street trees planted 200 150 200 200 City Council Meeting of June 14, 2005 63 of 96 PROGRAM: TRAFFIC ENGINEERING MISSION: The Traffic Engineering Program is responsible for all daily traffic related operations and safety issues as well as well as future transportation planning and circulation management plans. This program is responsible for the collection and analysis of traffic volumes, accident reports, speed studies, traffic device inventories, maintenance and timing of existing traffic signals, and establishing future traffic signal priorities. 2004-2005 ACCOMPLISHMENTS: . Prioritized the installation of Closed Circuit Television (CeTV) cameras and communication systems in accordance with the new Citywide Master Plan Monitored traffic signal synchronization conditions on the City's arterials from City Hall and implemented temporary traffic signal timing to modify signal operation in the event of traffic incidents and provided response assistance to the Police and Public Works through CCTV cameras Assumed responsibility for the maintenance and operation of 17 traffic signals along State Route 79 South and Winchester Road Modified and upgraded traffic signal equipmcnt on State Route 79 South and Winchester Road Developed and implemented traffic signal coordination timing plans for 11 intersections along Winchester Road between Diaz Road and Nicolas Road . Developed and implemented traffic signal coordination timing plans for 14 intersections along State Route 79 South between Old Town Front Street and Butterfield Stage Road . Developed and implemented traffic signal coordination timing plans for 15 intersections along Ynez Road, Margarita Road and Overland Drive . Implemented geometric improvements at various locations to mitigate traffic circulation Installed traffic signals and multi-way stop signs at various locations to improve intersection safety Collected traffic data at numerous intersection to improve traffic signal coordination and improve traffic circulation along the City's major arterials Provided technical assistance for special events to ensure mitigation measures were implemented to enhance safety and traffic circulation Conducted traffic investigations related to citizen concerns and implemented appropriated action . Installed temporary traffic control devices to enhance neighborhood traffic safety . Performed the review of traffic signal plans, signing and striping plans, street improvement plans, traffic control plans and development site plans. Performed the review of traffic impact analysis reports for proposed development. GOAL 1: CONTINUE TO EXPAND THE CITY'S INTELLIGENT TRANSPORTATION SYSTEM (ITS) NETWORK OBJECTIVES: };> Install additional CCTY cameras to monitor traffic conditions and signal operations on the City's major arterials to improve circulation );. Develop traffic signal timing plans that will respond to congestion and provide incident management along the City's arterial corridors };> Install additional hardwire and wireless traffic signal communication equipment to monitor traffic signal operation and improve progression along the City's arterial corridors City Council Meeting of June 14, 2005 64 of 96 GOAL 2: OBJECTIVES: GOAL3: OBJECTIVES: GOAL 4: PROVIDE AN EXCEPTIONAL TRAFFIC SIGNAL MAINTENANCE PROGRAM ~ Enhance the responsiveness to traffic signal operation issues );> Conduct routine maintenance and identify preventative measures >> Monitor the city's intersections and respond to traffic congestion issues in a timely manner );> Maintain the City's Traffic Signal System to ensure that traffic signals and synchronization system are operating properly and providing optimal circulation PROACTlVELY MITIGATE POTENTIAL TRAFFIC CIRCULATION ISSUES THROUGH TRANSPORTATION PLANNING AND REVIEW PROCESS >> Review all development projects, site plans and traffic impact studies to asses private development impacts and identify mitigation measures >> Develop a Citywide transportation planning model and software program to identify roadway system impacts caused by new development );> Maintain Citywide traffic census program to identify traffic circulation patterns and develop growth management strategies ENSURE OPTIMAL TRAFFIC CIRCULATION THROUGHOUT THE CITY BY MONITORING CONDITIONS AND IDENTIFYING AREAS OF CONCERN );;- Conduct timely investigation of traffic incidents to identify preventative measures >- Maintain the City's Traffic Signal System to ensure the traffic signals and synchronization systems are operating properly and providing optimal circulation >- Monitor City activities and special events to ensure public and traffic safety mitigation measures are implemented >- Develop and implement traffic signal coordination timing plans as necessary to ensure progression along the City's major arterials Projected Actual Projected Projected PERFORMANCE MEASURES: FY 200l_04 FY 2001-04 FY 2004_05 FY 2005_06 Citizen generated traffic investigations 65 63 70 90 Wark orders resulting from investigations 62 32 60 70 Days to complete traffic investigations 10 10 10 10 Number of traffic/construction plans reviewed 360 307 400 360 Days to complete plan reviews 10 7 10 10 Number of traffic census locations monitored 121 121 121 150 Number of traffic signals installed 4 3 5 5 Traffic signals reviewed for timing 100% 100% 100% 100% City Council Meeting of June 14, 2005 65 of 96 PROGRAM: ADMINISTRATION AND SPECIAL PROJECTS MISSION: The Administration and Special Projects Program is responsible for assisting all Public Works Divisions in meeting performance goals and objectives by fostering an organizational environment that encourages a commitment to teamwork. This Division provides for the coordination with other agencies and organization involved in transportation, flood control, sanitary sewer, water distribution, State/Federal funding opportunities, air quality, and congestion management. The Division also tracts budgets, and coordinates all programs within the Public Works Department. 2004-2005 ACCOMPLISHMENTS: . Obtained $60,825 in S8 821 funding to construct a sidewalk on Rancho Vista Road from Ynez Road to Mira Lorna Drive Obtained $425,520 in Safe Routes to School funding for the Santa Gertrudis Pedestrian/Bicycle Bridge Overcrossing Project . Obtained over $50 million in funding for TUMF High Priority Regional Arterial Projects and TUMF Zone Arterial Network Projects Applied for $679,822 in Bicycle Transportation Account Funding for the Santa Gertrudis Creek BicyclelTrail Undercrossing at Margarita Road Project Applied for $50,000 in Environmental Enhancement & Mitigation Program funding for the Temecula Park & Ride Landscape Enhancement Project . Applied for $3,920,000 in Highway Bridge Replacement & Rehabilitation funding for the Main Street Bridge Replacement Project . Applied for $417,264 in State Transportation Program funding for the DePortola Road Rehabilitation Project . Updated the City's Disadvantaged Business Enterprise (DB E) Program pursuant to the Federal Department of Transportation Regulations Completed the relinquishment process with the State of California for the transfer of State Route 79 from Caltrans to the City of Temecula. GOAL 1: MAINTAIN ACTIVE PARTICIPATION IN REGIONAL GROUPS TO ENSURE COMPLIANCE WITH FEDERAL AND STATE MANDATES OBJECTIVES: ~ Attend monthly Riverside County Transportation Technical Advisory Committee and Western Regional Council of Governments Technical Advisory Committee to ensure participation in all federal grant programs ~ Coordinate with the Regional Transportation Improvement Program (RTIP) in the administration of RTIP funding for Public Works projects ~ Communicate with federal agencies to ensure confonnance with federally mandated regional policies ~ Participate in the Water Planning Task Force, various Santa ffiargarita Watershed groups, and the Joint TemeculalMurrieta Traffic Committee );> Coordinate with the Western Riverside Council of Governments concerning the implementation and monitoring of the Transportation Uniform Mitigation Fee (TUMF) City Council Meeting of June 14, 2005 66 of 96 GOAL 2: PROVIDE A CENTRALIZED SUPPORT CENTER TO ENSURE THE EFFICIENT ADMINISTRATION OF ALL PUBLIC WORKS FUNCTIONS OBJECTIVES: )> Provide leadership by representing various programs to the public, City Council, department heads and other public agencies )> Evaluate program policies and procedures to ensure operational plan meets stated goals and refine and articulate the department vision and values )> Process request for information within 72 hours );. Negotiate and close property acquisitions, easements and agreements for capital projects Projected Actual Projected Projected PERFORMANCE MEASURES: FY 200l_04 FY 200J_04 FY 2004_0~ FY 2005-06 Council agendas prepared/processed 200 223 200 220 Public Traffic/Safety Commission agendas N/A 63 50 60 prepared/processed Number of contracts/agreements awarded 50 60 65 65 Number of contracts/agreements administered 50 95 65 112 City Council Meeting of June 14, 2005 67 of 96 PROGRAM: CAPITAL IMPROVEMENT PROGRAM ADMINISTRATION MISSION: The Capital Improvement Program provides high quality construction engineering and management for the coordination, development and implementation of projects identified in the City's Capital Improvement Program at the scheduled time, within the approved bud2et, and with minimal disruptions and inconvenience to the public. 2004-2005 ACCOMPLISHMENTS: . Completed Annual Concrete Repair; Crack fill; and Slurry Seal Projects Completed Bus Bench Upgrades Completed Diaz Road Realignment (Phase I);Jeffcrson Avenue Pavement Rehabilitation Projects; and the Winchester Road Improvements at Jefferson Avenue . Completed the Pechanga Parkway Stonn Drain Improvements and the Rancho California Road MediaD Modifications and Widening (east ofYnez Road) . Completed the Pablo Apis Park Improvements; the Veteran's Memorial; and the Old Town Southern Gateway Landscaping and Parking Projects Completed the sidewalk along State Route 79 South between Pechanga Parkway and Old Town Front Street . Construction progressed on the multi-year Old Town Community Thcatcr Project . Broke ground on the 43 acre Sports Park Complex at Pechanga Parkway and Deer Hollow; Bridge Barrier Rail Replacements; Pauba Road (Margarita to Library site); the Roripaugh Ranch Fire Station; Temecula Library; and Vail Ranch Middle School Basketball Court Lighting Significant progress on the design of the Diaz Road Realignment (Phase 2); French Valley Parkway; Main Street Bridge Replacement; Murrieta Creek Multi Purpose Trail; Rainbow Canyon Guard Rail Replacement; Santa Gertrudis Creek Bike Trail Undercrossing at Margarita Road; SR 79 South/I-IS Ultimate Interchange; SR 79 South Medians; the Temecula Field Operations Center/Maintenance Facility Expansion; and the Wolf Creek Fire Station projects . Provided oversight for the following Community Facilities District projects; Winchester/I-IS Improvements; Winchester/Ynez Intersection Improvements; Wolf Valley Road Improvements; and the widening ofYnez Road Bridge over Santa Gertrudis Creek GOAL 1: PROVIDE TIMELY DESIGN AND CONSTRUCTION OF CIRCULATION, INFRASTRUCTURE, COMMUNITY SERVICES AND REDEVELOPMENT AGENCY PROJECTS IDENTIFIED IN THE CITY'S ADOPTED CAPITAL IMPROVEMENT PROGRAM OBJECTIVES: }o> Update the Capital Improvement Program annually, including a comprehensive review of projects; initial cost estimates based on available and projected revenues; project timeliness; and project prioritization )> Design and construct proposed projects within funding and time guidelines as set forth in the Capital Improvement Program document City Council Meeting of June 14, 2005 68 of 96 GOAL 2: PROVIDE A TURNKEY CONTRACT MANAGEMENT OPERATION FROM PREPARING REQUESTS FOR PROPOSALS TO CONTRACT CLOSEOUT OBJECTIVES: >> Ensure timely and thorough project initiation, design, and complete all associated tasks )- Ensure compliance with all requirements of the public bidding process )- Provide timely review of plans and specifications :> Maintain communication with all parties involved in Public Works projects :> Provide timely and thorough inspections of construction projects GOAL 3: PROVIDE EXCELLENCE IN CONTRACT MANAGEMENT OPERATION FROM PLANNING TO CONTRACT CLOSEOUT OBJECTIVES: :> Improve citizen satisfaction with construction impacts :> Provide accurate and timely coordination while developing and implementing the City's Capital Improvement Program :> Coordinate with other City departments on their projects to ensure a seamless process GOAL 4: COORDINATE, DEVELOP AND IMPLEMENT THE CITY'S CAPITAL IMPROVEMENT PLAN ON SCHEDULE AND WITHIN BUDGET OBJECTIVES: :> Develop accurate estimates of capital improvement projects );> Develop realistic schedules for capital improvement projects using Microsoft Projects software > Implement measures including preparation of the monthly Work Progress Sheets and monthly Activity Report to keep budget and schedule in line );> Continue tabulating hours for the engineers and charging it to the appropriate project budget Projected Actual Projected Projected PERFORMANCE MEASURES: FY 200~_O4 FV 200~_O4 FV 2004_0~ FV 200~O6 Total capital project costs incurred' $25,000,000 $29,000,000 *$62,000,000 TED Percent of projects completed under 95% 95% 95% 95% budget Percent of projects completed on schedule 95% 95% 95% 95% Percent completed project budget expended 12% 12% 12% 12% for proj ect management *This total includes Community Facilities District! Assessment District projects. City Council Meeting of June 14, 2005 69 of 96 PoLtc,e POLICE CHtEF Jim Domenoe POLICE LIEUTENANT Danyl Birney POLICE LIEUTENANT J 000 Anderson POLICE LIEUTENANT Cynthia Wait MGMT. ANALYST Heidi Schrader Patrol Services ""d Tmffic Team Detectives Volunteers CAP Program Adrninistrntive Support Special Event Planning Crime Prevention Unit - Evidence Logistics E Patrol Ollie", K-90fficer Patrol eso's Special Teams ""d Communi S ort ~ School R"o",,, Unit/Y AT POPISET Citizen Corp:; Traffic Unit MallOflicers City Council Meeting of June 14, 2005 70 of 96 Program: Police Funding Source: General Fund Actual Actual Budgeted Propos ed Expenditure Summary FY 2002-03 FY2003-04 FY 2004-0S FY 200S-06 Personnel $ 20,272 $ 39,113 $ 122,487 $ 207,172 Operations & Maintenance 10,144,768 11,995,055 13,660,275 16,552,002 Capita' Outlay 144,698 103,084 162,310 52,218 $ 10,309,738 $ 12,\37,251 $ 13,945,072 $ 16,811,392 Authorized Authorized Personnel Allocation 2004-oS Changes 200S-06 POLICE Management Analyst 1.00 0.00 1.00 Departnent Total 1.00 0.00 1.00 City Council Meeting of June 14, 2005 71 of 96 PROGRAM: POLICE ADMINISTRATION MISSION: The Police Administration Program is responsible for providing leadership, direction and general administrative support required for effective and efficient law enforcement. The program also includes budget coordination and management, personnel and payroll administration, planning, organizational development and community support. Additionally, this program ensures cooperation between the Police Department and the City Manager, other departments, and City Council. The Police Administration Program is also responsible for overseeing volunteer support services, with an emphasis on office and logistics support. 2004-200S ACCOMPLISHMENTS: . Provided Police Department representation at City meetings through full time City Lieutenant . Hired Management Analyst to assist with City business requirements and grant administration . Added four additional officers to keep up with City growth . Awarded $261,000 in grant funds from Office of Traffic Safety, Bureau of Justice Assistance, and Office of Homeland Security . Expanded PS Justice training to include Middle Schools. Added curriculum to include explanation of criminal justice system and penalties for crimes. GOAL 1: PROVIDE A COMPREHENSIVE LAW ENFORCEMENT PROGRAM TO ENSURE A SAFE ENVIRONMENT FOR TEMECULA'S RESIDENTS THROUGH THE USE OF VOLUNTEERS AND UPDATED TRAINING OBJECTIVES: >> Enhance CAP volunteer training to include First Aid and CPR as well as non-sworn defensive driving. Broaden responsibilities of CAP team to include issuing fire hydrant and red curb violation warning tickets and verifying 72 hour parking violations prior to towing. >> Complete construction of mall storefront and provide expanded police services within the Promenade mall. Develop a program to ensure the community recognizes the accessibility of the storefront and the operations available for benefit/use. >> Develop public intonnation campaign to increase community awareness of police programs. Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2001-04 FY 2001_04 FY 2004_05 FY 2005-06 Number of volunteers recruited 20 20 25 25 P.O.S.T. Training Compliance 100% 100% 100% 100% Percent of City Council and TrafficlPublic 100% 100% 100% 100% Safety Commission Meetings attended City Council Meeting of June 14, 2005 72 of 96 PROGRAM: PATROL SERVICES MISSION: The Patrol Services Program provides first responders to law enforcement related public safety requests. The program is divided into three areas: General Patrol, Traffic Services and Special Teams. Patrol Officers are responsible for maintaining safety and order in the community. Patrol staff is involved in focused efforts to reduce crime, which includes general patrol, the utilization of a Police Service Dog, bicycle patrol, and foot patrol. A part of this component also includes Community Service Officers. 2004-2005 ACCOMPLISHMENTS: . Started Police Activities League (P.A.L.) to join together officers and Temecula youth (ages 7-17 years). The goal is to provide a variety of activities to keep the kids off of the street and to teach respect for law enforcement. . Realigned County jurisdiction in order to free up resources to better serve the City of Temecula Maintained order and provided support during tornado touch down. Deployed Citizen's Corps and Community Action Patrol. After a routine traffic stop, rescued a kidnapped victim who had been held against his will for seven days and arrested four suspects . While responding to a domestic dispute call, patrol officers identified and arrested two suspects wanted for over 80 burglaries in Temecula and 200 in San Diego County GOAL 1: ENSURE EFFECTIVE AND EFFICIENT LAW ENFORCEMENT IN THE COMMUNITY OBJECTIVES: > Maintain a high visibility, crime deterring presence in business and residential areas ;0. Maintain aggressive enforcement of "quality of life" crimes >- Expand Police Activity League activities to include more educational activities and filed trips to military bases to explore careers in the military. Add community clean up programs. Participate in California PAL Leadership and Life After High School Programs in Sacramento. > Increase number of watches from three to four in response to Redha\vk annexation Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2001~04 FY 2001_04 ICY 2004-05 FY 2005-06 Number of general patrol officer 136.5 136.5 145.5 156.05 hours provided per day Response time for Prio~ity 1 calls 6.0 minutes 6.4 minutes 6.0 minutes 6.0 minutes Response time for Priority 2 caBs 9.0 minutes 10.3 minutes 9.0 minutes 9.0 minutes City Council Meeting of June 14, 2005 73 of 96 PROGRAM: SPECIAL TEAMS MISSION: The Special Teams Program provides a focused, cooperative effort to reduce crime by utilizing the full resources of the community to address the problem. This program encompasses the Community Orientated Policing philosophy. Its proactive target areas include crime reduction in multi-housing areas, street level narcotic enforcement, off- road vehicle programs, anti-graffiti programs and juvenile offender programs. These units work with community, county and allied agencies to assist them in a long term approach to solving crime through educational programs, and enforcement. 2004-2005 ACCOMPLISHMENTS: Began coordinating anti-gang enforcement with communities throughout California by utilizing the Cal-Gang database Developed process for identifying gang members in order to use gang enhancements to ensure stiffer penalties for crimes Utilized ATVs for off road vehicle enforcement, parades and safety expos Increased high visibility mall patrol for Christmas season Created Gang team tasked with identifying gang members and creating complete profiles which will be used with gang enhancements to ensure more severe jail sentences GOAL 1: ENSURE EFFECTIVE AND EFFICIENT LAW ENFORCEMENT IN THE COMMUNITY OBJECTIVES: );0 Coordinate with Southwest County task force, using drug users to identify and help prosecute suppliers. Further the goal of making drugs unobtainable in Temecula. ,.. Work with multi-housing managers to ensure 100% City of Temecula participation in the Crime Free Multi-housing Project >> Coordinate with local Police departments to share information on gang activities >> Begin Parent Project parenting classes for court appointed families and community members Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2003-04 FY 2003-04 FY 2004-05 FY 20M_06 Number of crime prevention workshops 50 40 40 50 Number of security surveys conducted 250 250 200 250 Number of follow-up visits to businesses 250 250 225 250 Number of business watch articles prepared 12 12 12 12 Number of search warrants served 15 20 20 25 Number of complex criminal investigations 10 10 15 15 conducted City Council Meeting of June 14, 2005 74 of 96 PROGRAM: INVESTIGATIONS BUREAU MISSION: The Investigations Bureau conducts follow-up investigation of initial reports handled by Patrol Services. The Investigations Bureau is comprised of a Crimes Against Property Division and a Crimes Against Persons Division. Investigators from either division may also be utilized at times to initiate and complete investigations that are high profile in nature, in order to speed up the investigative process, and provide a single source contact for victims and prosecutors. The Investigations Bureau's focus is to take initial investigations conducted by Patrol Services, and complete the necessary steps that cannot be completed by a field officer, due to time and resources, to ensure the identity and successful prosecution of criminal offenders. 2004-200S ACCOMPLISHMENTS: Hired and trained sexual assault and child abuse investigator . Upgraded computer forensics training and equipment to ensure that investigation of computer crimes and identity fraud keeps pace with the cutting edge of technology Implemented South\vest Corridor investigator meetings with local cities and naval criminal investigators in order to share multi-jurisdictional information and discuss crime trends Located missing woman and worked closely with Central Homicide unit to gather enough evidence to arrest her husband for murder GOAL 1: PROVIDE EFFECTIVE AND EFFICIENT INVESTIGATION OF CRIMINAL VIOLATIONS OBJECTIVES: >- Research property room procedures and implement plan to ensure compliance with state and local laws. Make the process efficient in order to present cases to the D.A. with successful conclusions. )0;. Act as a liaison between the District Attorney's office and the victim{s} to ensure successful prosecution ~ Ensure the public is kept current on information concerning sexual violators who may be residing in the Temecula area Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2003-04 flY 2003-04 flY 2004-05 flY 2005-06 Case closure rate 69% 80% 80% 80% Open case average per detecti ve 22 20 35 20 Number of community seminars conducted 7 5 6 10 City Council Meeting of June 14, 2005 75 of 96 PROGRAM: TRAFFIC TEAM MISSION: The Traffic Division provides enhanced enforcement of traffic laws, issuance of citations and collision investigations throughout the City of Temecula. Collision investigations range from non-injury to fatal and involve the use of accident reconstruction investigators which may result in criminal prosecution. The officers assigned to the team are highly trained in accident investigation, use of radar and the detection of drivers under the influence of narcotics or alcohol through the use of high profile enforcement techniques and public education. The team also conducts monthly sobriety checkpoints and has a dedicated DUI enforcement officer. This program also focuses on various alcohol-related offenses involving minors and includes presentations at local schools. 2004-2005 ACCOMPLISHMENTS: Reduced traffic accidents by 41 % Implemented Crossroads database to better track citations Added two new motorcycle officers assigned to neighborhood enforcement Wrote 2,296 SLAP citations Conducted two bike rodeos focusing on bicycle safety and rules of the road . Purchased an additional radar trailer with moveable message sign and deployed it at key locations throughout the city GOAL 1: ENSURE EFFECTIVE AND EFFICIENT LAW ENFORCEMENT IN THE COMMUNITY OBJECTIVES: };> Utilize data from Crossroads database to track future problem areas and proactively address those areas )i;> Reduce the number of injury traffic collisions through enforcement and public education in traffic, pedestrian and bicycle safety. }o> Focus on seatbelt and gridlock enforcement operations ).- Add two additional motorcycle officers to support Redhawk annexation };> Conduct 6 car safety seat clinics Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2003-04 FV 2001_04 FY 2004-05 FY 2005.06 Number of citations issued for hazardous 14,000 13,255 17,000 18,000 violations Number of DUI arrests 480 212 350 350 Number of OUI Checkpoints conducted 12 14 15 12 City Council Meeting of June 14, 2005 76 of 96 / Ft..re FIRE CHIEF Howard Windsor FIRE PREVENTION Vacant EMERGENCY OPERATIONS Brian Deyo Glenn Patterson I _ FIre Marm~lllB.ltation Chief l-DeputyF...eMaclW.VFin! Coplom 5-F~SafetySp.cl!llisl: 2.Fil"eInspedccs 2-Ba!t$JionOueli; t.FireCllt>winlParamedic Coordinator 4_Firestabm. Information and Education Planning and Engineering Enforcement Investigation Fire Suppression Emergency Medical Services All Risk Responses Non-ReslX'nse Activites City Council Meeting of June 14, 2005 77 of 96 Program: Fire Funding Source: ~neral Fund Actual Actual Budgeted Proposed &.penditure Summary FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 Personnel $ 147,603 $ 199,740 $ 183,000 $ 214,568 Operations & Maintenance 3,203,949 3,875,962 4,739,662 4,751,420 Capital Outlay 23,120 179,937 24,200 $ 3,351,552 $ 4,098,822 $ 5,102,598 $ 4,990,188 Authorized Authorized Personnel Allocation 2004-0S Chanees 200S-06 FIRE Administrative Assistant 1.00 0.00 1.00 Office Specialist 1.00 0.00 1.00 Departnent Total 2.00 0.00 2.00 City Council Meeting of June 14, 2005 78 of 96 PROGRAM: PREVENTION MISSION: The mission of the Temecula Fire Services Fire Prevention Bureau is to preserve and enhance the quality of life for the citizens of Temecula through the application of a comprehensive fire and hazard prevention program. 2004-2005 ACCOMPLISHMENTS: Collected over 3,000 toys and over $8600.00 in cash donations for the Spark of Love Toy Drive that were given to local families in need during the holiday season Implemented new penn it fees related to Fire Prevention plan check and inspection . Established and implemented the use of Accela wireless in conjunction with the laptop program for real time inspection scheduling, recording of data, and enhanced service . Newly purchased Fire Safety House used at numerous safety events throughout the year to promote and teach fire safety, escape routes, and what to do in case of an emergency. All in an interactive hands on environment that the safety trailer provides. GOAL!: CONDUCT AN ONGOING, PERPETUAL PUBLIC INFORMATION AND EDUCATION PROGRAM OF FIRE AND LIFE SAFETY WITH A STRONG FOCUS ON FIRE PREVENTION OBJECTIVES: >> Educate citizens of all ages in proper fire and life safety practices >> Begin Adopt-a-School program by fire stations >> Purchase, stock, and distribute an adequate supply of handouts with fire and life safety messages to the stations for dissemination at fairs and during station tours ~ Participate in existing Fire and Safety Expos ~ Institute smoke detector and battery checks/change program in all residences while on responses at those residences );;- Continue development and distribution of the "After the Fire" Packet );;- Adopt and promote the National Risk Watch Program in partnership with the Temecula Unified School District ~ Evaluate and purchase technological delivery messages for prevention education GOAL 2: DETERMINE THE ORIGIN AND CAUSE OF ALL FIRES OBJECTIVES: );;- Track trends and patterns for serial and/or suspicious fires, coordinating with CDF Law Enforcement at Perris Headquarters ~ Coordinate with Building and Safety, Planning, and Public Works for any fires related to construction and/or development issues City Council Meeting of June 14, 2005 79 of 96 GOAL 3: ENSURE A REASONABLE DEGREE OF LIFE SAFETY IN ALL BUILDINGS OPEN TO THE PUBLIC THROUGH ENFORCEMENT OF, AND COMPLIANCE WITH APPLICABLE CODES, REGULATIONS AND STANDARDS OBJECTIVES: )0> Provide timely in-depth inspections of new construction in a timely fashion ~ Perfonn Hazardous Occupancy inspection with a fire protection engineering finn };> Educate and assist engine companies in inspection practices );. Implement Haz-Mat pennitting program Projected Actual Projected Projected PERFORMANCE MEASURES: FY 200:l_04 FY 2003-04 FY 2004-05 FY 2005-06 Number of businesses inspected 2,400 3335 2,500 2,500 Number of plan checks 2,000 t950 1,800 1,800 Number of fire prevention bureau inspections 2,350 2175 2,400 2,400 Number of education contacts at schools N/A 78 N/A 60 Number of fairs, expos and tour contacts N/A 236 N/A 60 City Council Meeting of June 14, 2005 80 of 96 PROGRAM: EMERGENCY OPERATIONS MISSION: The Temecula Fire Services are dedicated to protect life, property, and the environment throughout the City, accomplished by a comprehensive emergency service response program utilizing responsible fiscal management, a highly trained work force, progressive technology and modern equipment. 2004-200S ACCOMPLISHMENTS: . Upgraded all 4 City Fire Engines to Paramedic Assessment Engines Upgraded the mobile data computers in all City Fire Equipment . Placed new Truck Company in service at Station 73 . CPRJP AD program established with a City funded grant program to promote AED placement in qualifying city businesses GOAL 1: SAFELY RESPOND TO AND TAKE APPROPRIATE ACTIONS ON ALL FIRES, MINIMIZING THE LOSS OF LIFE AND PROPERTY TO THE CITIZENS OF TEMECULA, ARRIVING IN S MINUTES OR LESS 90% OF THE TIME OBJECTIVES: ~ Maintain 5-minute service level as the City grows geographically and demographically ~ Apply extinguishing agent in 7-8 minutes (prior to flashover) >- Full first alarm assignment in operation in 10 minutes )> Provide 15 personnel to first alarm assignments as recommended by NFPA 1710 >- Continue to expand and develop technology solutions to enhance fire service delivery capabilities >- Maintain and replace equipment as needed to maintain operational readiness >- Maintain appropriate training levels and fire performance standards GOAL 2: SAFELY RESPOND TO AND TAKE APPROPRIATE MITIGATING ACTIONS ON MEDICAL EMERGENCIES, MINIMIZING THE LOSS OF LIFE AND LIMB TO THE CITIZENS OF TEMECULA, ARRIVING IN S MINUTES OR LESS 90% OF THE TIME OBJECTIVES: ~ Maintain 5-minute service level as the City grows geographically and demographically >- Initiate ALS patient care within 5-6 minutes >- Provide a minimum of two Paramedic and two EMT level personnel on scene > Continue to expand and develop technology solutions to enhance EMS delivery capabilities )> Maintain and replace equipment as needed to maintain operational readiness )> Maintain appropriate training levels and EMS certifications City Council Meeting of June 14, 2005 81 of 96 GOAL3: RESPOND TO AND TAKE APPROPRIATE MITIGATING ACTIONS ON ALL OTHER EMERGENCY INCIDENTS TO REDUCE THREATS TO THE CITIZENS OF TEMECULA, ARRIVING IN 5 MINUTES OR LESS 90% OF THE TIME OBJECTIVES: ).>. Continue to expand and develop technology solutions to enhance fire service delivery capabilities ~ Maintain all risk equipment as needed for operational readiness , Maintain appropriate all risk technical training levels Projected Actual Projected Projected PERFORMANCE MEASURES: FV 2001_04 FY 2001.04 FY 2004_05 FY 2005.06 Average response time 5 minutes 3.6 minutes 5.0 minutes 5.0 minutes Percent of calls on scene in 5 minutes or less 90% 90% 90% 90% City Council Meeting of June 14, 2005 82 of 96 Program: Animal Control Funding Source: General Fund Actual Actual Budgeted Proposed Expenditure Summary FY2002-o3 FY 2003-04 FY2004-0S FY200S-06 Personnel Operations & Maintenance 98,280 90,701 \32,000 160,000 Capital Outlay $ 98.280 $ 90.701 $ \32.000 $ 160.000 MISSION: The City of Temecula receives animal control services from Lake Elsinore Animal Friends (L.E.A.F.), a non-profit agency dedicated to fulfilling the animal control needs through contractual agreements. L.E.A.F. monitors dog licensing, patrols City neighborhoods, and ensures the safety of not only Temecula residents, but also animals found and detained from this area. 2004-2005 ACCOMPLISHMENTS: . Bmained successful in canvassing/marketing efforts throughout neighborhoods to promote up to date vaccinations and licensing . Decreased the number of hearing held for public nuisance issues . Sent animal control staff to PETCO every Saturday for community adoption and outreach efforts . Made significant progress regionally iili the planning efforts of a newhclter facility GOAL 1: PROVIDE EFFECTIVE ANIMAL CONTROL SERVICE TO PROVIDE A SAFE ENVIRONMENT FOR TEMECULA RESIDENTS WITHIN THE SCOPE OF THE CITY'S ANIMAL CONTROL ORDINANCE AND RESOLUTION OBJECTIVES: }oo Rutinely patrol neighborhoods to ensure that animals are properly contained }oo Rspond to citiEn complains regarding barking, dangerous, or vicious dogs }oo Monitor the Citys dog licensing program to ensure timely processing }oo Provide a safe and clean shelter facility for detained animals Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2001_04 FV 2001-04 FY 2004~O5 FY 200~06 bmber of new.censes issued 1,500 1,400 1,500 2,000 bhlber oflicense renews issued 2000 2,244 2,50 2,700 bmbcr of administrative hcarings conducted 17 9 19 15 City Council Meeting of June 14, 2005 83 of 96 Program: Non-Departmental Funding Source: General Fund Actual Actual Budgeted Propos ed Expenditure Summary FY200I-02 FY 2003-04 FY 2004-05 FY2005-o6 Operations & Maintenance 4,960,326 5,886,608 8,547,505 10,391,896 Operating Transfers Out 2,209,000 7,313,956 4,680,156 1,985,785 $ 7,169,326 $ 13,200,564 $ 13,227,661 $ 12,377,681 MISSION: The Non-Departmental Program is a cost center for general administratiw expenditures such as sales tax reimbursements, the "Revenue Excess Sharing for Temecula" Program (RESl) and property tax administration fees. City Council Meeting of June 14, 2005 84 of 96 OPERATING BUDGET INTERNAL SERVICE FUNDS City Council Meeting of June 14, 2005 85 of 96 I~~~ DIRECTOR OF INFORMATION SYSTEMS Tim Thorson SYSTEMS ADMIN END USER SUPPORT SYSTEMS ADMIN DATA ROOM SUPPORT SYSfEMSADMIN GIS SUPPORT -Workstation/Client Permits Plus Application Eden Application RecWare Application HDL Business Lic App Crystal Reports Printing Issues Logon Issues IS Training Enterprise Servers Data Backup/Restore Network Storage Disk Drives Data Room Alarms Council Chambers A/V Voice Phone Systems EOC Communications ESR1 Arc View Support Map Software Address Database CIP Support Geo Coding Map Mobile App City Council Meeting of June 14, 2005 86 of 96 OPERATING BUDGET INTERNAL SERVICE FUNDS City Council Meeting of June 14, 2005 85 of 96 I~~~ DIRECTOR OF INFORMATION SYSTEMS Tim Thorson SYSTEMS ADMIN END USER SUPPORT SYSTEMS ADMIN DATA ROOM SUPPORT SYSTEMS ADMIN GIS SUPPORT -Workstation'Client Permits Plus Application Eden Application RecWare Application HDL Business Lie App Crystal Reports Printing Issues Logon Issues IS Training Enterprise Senrers Data Backop/Restore Network Storage Disk Drives Data Room Alarms Council Chambers NY Voice Phone Systems EOe Corrnnunications ESRl Arc View Support Map Software Address Database C1P Support Geo Coding Map Mobile App City Council Meeting of June 14, 2005 86 of 96 Program: Infonnation Systems Funding Soun:e: Charges to City, Cormnunity Services District, and Redevelopm:nt Agency Actual Actual Budgeted Propos ed Expenditure Summary FY2002-o3 FY2003-o4 FY2004-oS FY200S~6 Personnel $ 500,506 $ 729,431 $ 832,800 $ 847,883 Operations & Maintenance 809,583 800,117 813,623 826,122 Capital Outlay 267,322 $ 1,577,411 $ 1,529,548 $ 1,646,423 $ 1,674,005 Program: GIS. Funding Source: Charges to City, Cormnunity Services District, and Redevelop~nt Agency Actual Actual Budgeted Proposed Expenditure Summary FY2002-o3 FY2003-o4 FY 2004-oS FY 200S-06 Personnel $ 176,637 $ 221,500 $ 256,987 Operations & Maintenance 49,799 82,508 84,540 Capital Outlay $ $ 226,436 $ 304,008 $ 341,527 'GIS as ofFY03-04 will he combined with Infonnation Systelll'l in the Intemal Service Fund. Authorized Authorized Personnel Allocation 2004-oS Chan2es 200S-06 DirectorofInfonnation Systems 1.00 0.00 1.00 Infonnation System; Administrator 2.00 0.00 2.00 Senior Infonnation Systems Specialist 1.00 0.00 1.00 Infonnation Systems Specialist 1.00 0.00 1.00 GIS Administrator 1.00 0.00 1.00 GIS Analyst 1.00 0.00 1.00 Administrative Assistant 1.00 0.00 1.00 Webmaster 1.00 0.00 1.00 Department Total 9.00 0.00 9.00 City Council Meeting of June 14, 2005 87 of 96 MISSION: The Information Systems Fund is used to account for the acquisition, depreciation, and replacement of computer and communications equipment. It also provides centralized information systems support and services, as well as computer software and City enterprise application support. 2004-200S ACCOMPLISHMENTS: . Upgraded the RecWare FoxPro application to the Safari version with a SQL database Implemented the Nexus fee structure in the Pennits Plus Application . Upgraded Tablet pes in all Emergency Fire Vehicles . Upgraded Council Tablet PCs . Installed Project Server to support the eIP implementation plan . Installed Cisco Unity Messaging System . Installed Agenda Manager Application . Installed O'Neill Barcode Scanning for Records Management . Upgraded the Laserfiche Records Management application to a Windows 32 Bit Program GOAL I: IMPROVE INTERNAL AND EXTERNAL BUSINESS PROCESSES AND CUSTOMER SERVICE LEVELS FOR THE CITY OBJECTIVES: };> Use Information Systems Performance Measurements (Metrics) to evaluate customer support calls and system outages to enable root cause analysis and trend reporting on equipment performance and customer satisfaction )- Provide all necessary resources to facilitate the implementation of best-practice automation tools throughout the City )- Define, test, and implement remote access capabilities, to meet the needs of City Council and staff for all communication methods ,.. Create dynamic web templates to define editable regions, allowing City departments to manage the content on their page of the City website GOAL 2: MANAGE THE CITY'S RAPIDLY GROWING INFORMATION SYSTEMS NEEDS OBJECTIVES: ~ Maintain the Information System's Strategic Plan that covers the next cycle of innovation and system usability ~ Enhance the productivity of City staff, both in the office and in the filed through increased technology )- Create a City intranet page with portal technology for disseminating inter-departmental information City Council Meeting of June 14, 2005 88 of 96 DEPARTMENT: INFORMATION SYSTEMS ~,..~~..~' /. " !. 1:1\ ~..a".;~; .~ ,." s>~ "''',~i' , .- ~ ", .! "1 '. ~ ,%")!!l' W ~--,;::.. GOAL 3: IMPROVE DISASTER RECOVERY PREPAREDNESS OBJECTIVES: )lo Upgrade the information systems infrastructure for improved data center environmental support, data protection, and fail-over distributed data processing capabilities )- Plan for load balanced data center services between the data center in City Hall and a yet to be determined alternate data center )- Provide a highly available data center with a consolidated maintenance contract }1> Maintain and upgrade the City's own radio and wireless communications assets COST ALLOCATION: Charges to departments are calculated based on the number of computer workstations supported by Information Systems staff in each department Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2003-04 FY 2003-04 FY 2004-05 FY 200~-O6 Goal]: Process Improvement Number of Help Desk requests completed 1,200 1,400 1,800 2,400 Goal2: Web Presence Use click stream analysis to determine 288,000 312,000 500,000 800,000 website page hits Goal3: Manage Growth Computers installed/supported 215 225 250 300 Goal4: Emergency Operations Amount of data backed up on the SAN 500 GB 615 GB ITB l.5TB City Council Meeting of June 14, 2005 89 of 96 PROGRAM: GEOGRAPHIC INFORMATION SYSTEMS (GIS) MISSION: The GIS Fund accounts for the acquisition of computer equipment, software, and GIS data used in the application support and service of the City's system. 2004-2005 ACCOMPLISHMENTS: . Within the last year GIS has fulfilled nearlylOOO mapping and data analysis requests using the Geographic Information System (GIS) Fully implemented the ARC IMS internet GIS.based mapping program Implemented DCC/Geocast emergency notification system and developed scripting to automate updates to the Verizon telephone number data . Provided mapping and analysis in support of the selection and design of the new civic center project site and the upcoming annexation of the Redhawk area . Geocoded business license data for use in the Southwest California Economic Development Alliance site finder Digitized hard copy storm drain facilities for use in GIS fulfilling NPDES requirements and Installed ARCExplorer application allowing access to data and providing analysis capabilities for Public Works staff Developed City-wide street atlas map book for use by field staff Developed digital mapping capabilities utilized ARCP AD application for weed abatement program Provide data updates and support for the City's Mobile GIS.based Fire Response program GOAL I: OPERATE THE CITYWIDE GEOGRAPHIC INFORMATION SYSTEM (GIS) TO MEET LOCAL DATA AND INFORMATION NEEDS OBJECTIVES: )> .Perform on-going updates to the City's and the County's database, and develop additional data layers to support City departments and programs and to increase efficiency in providing public information )- Establish, as staff resources permit, connections between the GIS and other City databases )- Produce, as staff resources permit, reports and map exhibits for various City departments in support of their operations and for the community to improve customer service GOAL 2: INCREASE USABILITY OF GIS DATA FOR CITY STAFF OBJECTIVES: )- Conduct periodic Citywide training for ARCIMS Program )> Create GIS Map and Analysis Index Accessible to All City Staff ;.. Refine and Update (when required) the GIS Data Dictionary and Library and Make Available to City staff and Outside Agencies and Jurisdictions GOAL3: COORDINATE WITH CONSULTANTS, JURISDICTIONS, AND OUTSIDE AGENCIES TO GAIN AWARENESS OF DATA AVAILABILITY AND DATA SHARING OPPORTUNITIES WITH CITY GIS TECHNOLOGY AND APPLICATIONS OBJECTIVES: )- Conduct periodic City-wide training for the City's ARCIMS program )- Conduct training for appropriate and designated in-house staff )- Oversee the cleanup of the Pennits Plus database to insure successful and efficient integration with GIS City Council Meeting of June 14, 2005 90 of 96 Projected Actual Projected Projected PERFORMANCE MEASURES: FY 2003~04 FY 2003-04 FV 2004-05 FY 2005-06 City data sets supported 65 72 80 90 Number of GIS requests completed 800 950 1000 1200 Number of trainings conducted City Council Meeting of June 14, 2005 91 of 96 Program: Insurance Funding Source: Charges to City, Conmunity Services District, and Redevelopment Agency Actual Actual Budgeted Propos ed Expenditure Summary FY2002-o3 FY2003-o4 FY2004-0S FY200S-06 Personnel $ 43,728 $ 44,957 $ 49,200 $ 52,916 Operations & Maintenance 471,114 595,846 626,100 651,100 Capita! Outlay $ 514,841 $ 640,803 $ 675,300 $ 704,016 Authorized Authorized Personnel Allocation 2004-OS Chan2es 200S-06 Fiscal Services Manager 0.25 0.00 0.25 Administrative Assistant 0.25 0.00 0.25 Department Total 0.50 0.00 0.50 MISSION: The Insurance Fund is the cost center for the financing and accounting fo the City's risk management and insurance functions. Costs reflected in the Insurance Fund include property, liability, automobile insurance, claims adminstration services, legal, and other direct costs relating to claims and potential litigation. 2004-200S ACCOMPLISHMENTS: Renewed the City's property insurance policy at a vel)' competitive premium and maintained the same deductible levels. Reduced administrative costs associated with claims due to efficient internal review COST ALLOCATION: Charges to departments are allocated based on the numberoffull.time equivalent personnel in each department. City Council Meeting of June 14, 2005 92 of 96 Program: Vehicles Funding Source: Charges to City and Community Services District Actual Actual Budgeted Propos ed Expenditure Summary FY 2002-03 FY2003-o4 FY 2004-oS FY200S-06 Personnel Operations & Maintenance $ 215,668 $ 279,615 $ 311,700 $ 323,360 Capital Outlay $ 215,668 $ 279,615 $ 311,700 $ 323,360 MISSION: The Vehicle Fund is used to account for the acquisition, depreciation, and replacement of City Vehicles. COST ALWCATION: Charges to departments are allocated based on the actual depreciation charge for vehicles used by each department City Council Meeting of June 14, 2005 93 of 96 Program: Support Services Funding Source: Charges to City, Community Services District, and Redevelopment Agency Actual Actual Budgeted Proposed Expenditure Summary FY2002-o3 FY2003-o4 FY2004-oS FY200S-06 Personnel $ 91,276 $ 111,650 $ 130,400 $ 157,249 Operations & Maintenance 178,624 170,128 167,371 148,357 Capital Outlay 9,273 $ 279,172 $ 281,778 $ 297,771 $ 305,606 Authorized Authorized Personnel Allocation 2004-0S Changes 200S-06 Central Services Coordinator 1.00 0.00 1.00 Office Assistant 0.50 0.50 1.00 Department Total 1.50 0.50 2.00 City Council Meeting of June 14, 2005 94 of 96 MISSION: The Support Services Fund is the cost center for central duplicating services, mailroom and switchboard services, receiving, and copy equipment maintenance for City Hall 2004-2005 ACCOMPLISHMENTS: . Renegotiated a five-year copier contract with no increase in maintenance cost . Fully cross trained existing Central Services staff on all copiers GOAL 1: ENSURE COST EFFECTIVENESS STANDARDS ARE UTILIZED WHEN PURCHASING CENTRAL SERVICES PRODUCTS OBJECTIVES: ~ Explore purchasing options such as "piggybacking" on County/State contracts, the internet, and the use of existing vendors ). Renegotiate existing copier contract to include added equipment needs GOAL2: PROVIDE TIMELY, HIGH QUALITY, AND EFFICIENT DUPLICATINGIPOSTAL SERVICES OBJECTIVES: };> Maintain current duplicating equipment, through the maintenance agreement, at an optimal functioning level and update technology ). Ensure staff is adequately trained on associated functions GOAL3: PROVIDE THE UTMOST CUSTOMER SERVICE AT THE RECEPTION DESK OBJECTIVES: );> Ensure appropriate staffing and cross training )0> Obtain information regarding the number of walk-in traffic during the months of April, July, November to determine peak seasonal needs/traffic/etc. COST ALLOCATION: Charges to departments are calculated based on the number of color and regular copies made by each department, as well as on the number of on-site personnel for each department Projected Actual Projected Projected PERFORMANCE MEASURES: FV 2003-04 FY 2003-04 FY 2004-05 FY 2005-06 Total number of copies printed 3,000,000 3,637,767 3,500,000 3,800,000 Total number of calls received nla nla nla 45,000 City Council Meeting of June 14, 2005 95 of 96 Program: Facilities Funding Source: Charges to City, Community Services District, and Redevelopment Agency Actual Actual Budgeted Propos ed Expenditure Summary FY2002-o3 FY 2003-04 FY 2004-oS FY 200S-06 Personnel $ 292,633 $ 261,084 $ 346,850 $ 359,381 Operations & Maintenance 223,570 189,942 224,650 229,700 Capital Outlay 7,317 77,687 10,000 $ 523,519 $ 451,026 $ 649,187 $ 599,081 Authorized Authorized Personnel Allocation 2004-oS Chan2es 200S-06 Maintenance Superintendent 0.25 0.00 0.25 Maintenance Supervisor 0.15 0.00 0.15 Facility Maintenance Coordinator 1.00 0.00 1.00 Lead Maintenance Worker 0.50 0.00 0.50 Maintenance Worker 0.50 0.00 0.50 Custodian 1.00 0.00 1.00 Office Specialist 0.30 0.00 0.30 Department Total 3.70 0.00 3.70 MISSION: The Facilities Fund is used to account for the cost of operating and maintaining City Hall and City Maintenance Facility. 2004-2005 ACCOMPLISHMENTS: . Installed new carpeting throughout the CommWlity Development lobby area . Installed a new refrigerator in the City Manager's kitchenlbreak room . Installed a new air conditioning unit in the Community Services Department COST ALLOCATION: Charges to departments are calculated based on the square footage of space utilized by each department at City Hall and the City Maintenance Facility City Council Meeting of June 14, 2005 96 of 96 ITEM 34 APPROVAL CITY ATTORNEY DIR, OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Shawn Nelson, City Manager DATE: June 14,2005 SUBJECT: Review and Adoption of the FY 2006-10 Capital Improvement Program PREPARED BY: Genie Roberts, Director of Finance ~ 1/~ Gus Papagolos, Fiscal Services Manaqy RECOMMENDATION: Adopt a Resolution entitled: RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2006-10 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2005-06 DISCUSSION: The Capital Improvement Program (CIP) is the City's plan for providing public improvements which exceed $25,000 in cost, have long-term life spans, and are nonrecurring. The proposed CIP document serves as a planning tool for the coordination of financing and scheduling of all capital improvement projects over the next five years. CIP DEVELOPMENT The CIP was developed by taking recommendations provided by the staff and the City Council during a series of workshops. The primary focus of these workshops was to identify community needs in the areas of roads/streets; bridges; public buildings; parks and recreation facilities; and redevelopment projects. All projects were reviewed to ensure consistency with the provisions of the City's General Plan, as well as the long-term vision of the City as developed by the City Council. The Parks and Recreation Commission, at their May 9, 2005 meeting, reviewed the Parks and Recreation portion of the document and approved the proposed projects. On May 18, 2005 the Planning Commission found the proposed CIP to be consistent with the General Plan in accordance with Government Code Section 65403 of the State Planning and Zoning Law. The PubliclTraffic Safety Commission, at their May 26, 2005 meeting, reviewed the Circulation and Infrastructure portion of the document and approved the proposed projects. Finance/PapaggfBudgeVCIP 02-06/ ClP06 Resolulion.AGN On May 18, 2005 the City Council held a workshop to review and discuss the draft CIP. A presentation was provided to the City Council on an overview of the Capital Improvement Program. City Councilmembers and staff discussed in detail several projects within the CIP. At the City Council's request two projects, City Freeway Monument and Park Pavers, have been programmed in the CIP and fully in FY 05-06. COSTS Overall, the total cost as identified in the CIP is $309,977 ,060. A total of 82 projects are included in the program, consisting of twenty-seven (27) Circulation Projects, twenty-two (22) Infrastructure/Other Projects, twenty-six (26) Park Projects, and seven (7) Redevelopment Agency/Housing Projects. The following illustrates the associated costs for each project classification and total cost: Proiect Cost Circulation $208,345,723 Infrastructure/Other Projects $ 60,943,485 Parks $ 25,417,852 RedevelopmentlRDA Housing $ 15.270,000 Total $309,977060 REVENUE Projected revenue from identified sources for the Five Year Capital Improvement Program is $272,379,231. Unspecified (unfunded) project costs for the five year program total $148,440,500. Through the first three years of the five year program, there is adequate funding for all proposed projects. The CIP is fully funded in FY2005-06 at $132,197,387 FY 2006-07 at $51 ,245,252 and in FY 2007-08 at $33,353,125. CIRCULATION PROJECTS There are twenty-seven (27) circulation projects in the CIP totaling $208,345,723. The circulation projects represent 64% of the available funding. Of particular interest is the French Valley Interchange -Interim South Bound Off-Ramp, Rancho California Road Widening at Old Town Front Street to South Bound 1-15, Pechanga Parkway Improvements, as well as, State Route 79 South Medians. The first year of the CIP, Fiscal Year 2005-06 has a total circulation funding requirement of $66,909,038 and contains 22 priority one projects. All of these projects will have a significant impact on traffic circulation and ultimately the quality of life in the City. INFRASTRUCTURE/OTHER PROJECTS Within the Infrastructure section of the CIP there are twenty-two (22) projects totaling $60,943,485. The more complex projects include the Old Town Community Theater, two Fire Stations (Roripaugh and Wolf Creek) and the Temecula Library. The Fiscal Year 2005-06 funding is over $37,512,977 for Infrastructure projects. PARK PROJECTS The highlight in this section of the CIP is the new Sports Park which is fully funded. The total funding for Park projects is $25,417,852. Of the twenty-six (26) park projects identified in this year's CIP, twenty (20) are fully funded. Other park projects of interest are Multi-Trails System - Margarita Bikeway, Redhawk Park Improvements, Vail Ranch Middle School Basketball Lighting, Community Dog Park and Roripaugh Ranch Open Space Trails. REDEVELOPMENT DEVELOPMENT AGENCY (RDAl PROJECTS There are seven (7) RDA projects and all are fully funded over a five year CIP. These projects include Old Town Mixed Use Housing, the relocation of historic sites in Old Town (including the Escallier House) and a Wireless Fidelity Hot Zone. Within the first year of the CIP, RDA projects total $8,400,000. FISCAL IMPACT: The adoption of the FY 2006-10 Five Year Capital Improvement Program establishes the project appropriations for FY 2005-06. Projects which do not have sufficient funds within the funding source will not proceed until the funding has been secured. Attachment: Resolution 2005- Draft Capital Improvement Program 2006-10 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2006-10 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2005-2006 WHEREAS, the City of Temecula requires public infrastructure improvements in the areas of streets, highways, transportation facilities, parks, recreational facilities and public buildings and facilities; and WHEREAS, the careful timing of the installation of such improvements is necessary so as to best serve the public health, safety and welfare; and WHEREAS, in order to prioritize these public infrastructure and improvements, a Capital Improvement Program is necessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Adoption of this Program is categorically exempt from environmental review under the California Environmental Quality Act (CEQA). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for possible future actions, which actions the City Council has not approved, adopted or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the City Council has considered relevant environmental factors. This City Council, as the lead agency for environmental review pursuant to the California Environmental Quality Act and the Guidelines promulgated thereunder (collectively "CEQA") has reviewed the scope and nature of this Capital Improvement Program and has concluded that the planning and prioritization process comprising this activity is not a project pursuant to CEQA because it does not order or authorize the commencement of any physical or other activity that would, directly or indirectly, have a significant effect upon the environment. The Capital Improvement Program merely establishes a listing of priority and allocates funds for the City to commence the necessary planning studies, including review pursuant to CEQA, at a future, unspecified date. The future planning studies will be conducted at the earliest possible time, so as to ensure thorough review pursuant to CEQA. Recognizing that the protection of the environment is a key factor in the quality of life within the City of Temecula, and to further the City's strict adherence to both the spirit and letter of the law as regards CEQA, this City Council has also considered this Capital Improvement Program as if it were a Project pursuant to CEQA. Reviewing this Program as a Project, this City Council concludes that the Project would be exempt from review under CEQA both pursuant to Section 15061 (b)(3) and pursuant to the categorical exemption set forth in Section 15262 of CEQA. Section 15061(b)(3) would apply because it can be seen with certainty that this prioritizing and fund allocation program, cannot and does not have the potential to cause a significant effect on the environment. No physical activity will occur until all required CEQA review is conducted at the time the physical improvements prioritized in the Program are undertaken. Section 15262 provides a categorical exemption to actions that are feasibility or planning studies related to possible future actions. This Council is aware of and has considered the current and relevant environmental factors as an integral component of the review of this Program. This Council, as lead agency, hereby determines and decides that the exemption provided by both Section 15061 (b)(3) and 15262 apply in the eventthis is deemed a Project pursuant to CEQA. Section 2, On May 18, 2005 the Planning Commission found the Capital Improvement Program consistent with the General Plan in accordance with Government Code Section 65404(c) of State Planning and Zoning Law. \ Section 3, That certain document now on file in the office of the City Clerk of the City of Temecula entitled "City of Temecula Capital Improvement Program FY 2006-10" included herein appropriations for FY 2004-05 is hereby adopted. The CIP appropriations for the 2004-2005 Fiscal Year which have not been completed, encumbered, nor included in the FY 2006-10 CIP are hereby carried over for each applicable project to the Fiscal Year 2005-2006. Certain Development Impact Fees from future revenue may be used to replace the expenditure of current capital reserve funds in the CIP. Section 4. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The City Manager may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires City Council action. C. The City Manager may approve change orders on Public Works contracts in amounts up to $25,000, if sufficient appropriated funds are available. D. The City Manager may authorize transfers of up to $25,000 between approved Capital Improvement Program projects. E. Notwithstanding Section 5B, pursuant to Section 3.13.080 of the Municipal Code, the City Manager may authorize Public Works contracts in amounts up to $25,000. Any expenditures of Public Works funds in excess of $25,000 require City Council action, except that the City Manager may approve change orders on Public Works contracts approved by the Council in amounts up to project contingency established by Council. Section 5. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 14th day of June 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City ofTemecula, California, do hereby certify that Resolution No. 2005- was duly and re~ularlY adopted by the City Council of the City ofTemecula at a regular meeting thereof held on the 14 day of June, 2005, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS Susan W. Jones, CMC City Clerk ITEM 35 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER (.e-- U Iil.. ~ / -v CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Peter M. Thorson, City Attomey DATE: June 14, 2005 SUBJECT: Ordinance Authorizing Charitable Bingo Operations within the City of Temecula. (Placed on the agenda at the request of Mayor Comerchero and Mayor Pro Tem Roberts) RECOMMENDATION: That the City Council take the following actions: 1. Adopt an ordinance entitled: ORDINANCE NO, OS-_ AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9,50 TO THE TEMECULA MUNICIPAL CODE AUTHORIZING THE GAME OF BINGO BY CHARITABLE ORGANIZATIONS AND PROVIDING FOR THE REGULATION THEREOF 2. Introduce and read by title only an ordinance entitled: ORDINANCE NO, 05-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.50 TO THE TEMECULA MUNICIPAL CODE AUTHORIZING THE GAME OF BINGO BY CHARITABLE ORGANIZATIONS AND PROVIDING FOR THE REGULATION THEREOF BACKGROUND: Under Section 19 of Article IV of the Califomia Constitution and Section 326.5 of the California Penal Code, cities are authorized to allow qualified organizations to conduct bingo games within the City for charitable purposes. Qualified organizations include mobilehome park associations, senior citizens organizations, and those organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 237011 of the Revenue and Taxation Code. The specific requirements of Penal Code Section 326.5 are incorporated into the attached draft ordinance authorizing bingo within the City of Temecula. R:/Agenda Reports/Charitable Bingo 6 14 The major points of the proposed ordinance are as follows: . The authority for this ordinance is contained in Section 19 of Article IV of the California Constitution and Section 326.5 of the Penal Code. . "Bingo" is defined as a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. The game may include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the bingo game. · The ordinance prohibits any organization from conducting any bingo games in the City unless such organization is a "qualified organization", as defined in the attached draft ordinance, and has been issued a license. . The term of a bingo license is twelve (12) months. · The fee for an initial bingo license is fifty dollars ($50.00). The fee for a renewal bingo license is also fifty dollars ($50.00). . Upon receipt of an application for a license, the City Manager shall investigate the information provided in the application and the character of the applicant, and may examine the premises to be used for the bingo game or games. . A qualified organization shall conduct a bingo game only on property owned or leased by it, or on property whose use is donated to such organization, and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. . No minors shall be allowed to participate in any bingo game. . All bingo games shall be open to the public, not just to the membes of the qualified organization. · A bingo game shall be operated and staffed only by members of the qualified organization which organized it. · No person shall receive pay, profit, wage, salary or percentage from any bingo game. . Only the organization authorized to conduct a game shall hold a financial interest in the conduct of such bingo game. . All profits that a qualified organization derives from a bingo game shall be kept in a special fund or account and shall not be commingled wth any other fund or account. Such profits shall be used only for charitable purposes. . No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in v.hich the bingo game is being conducted. · The total value of prizes awarded during the operation of bingo games shall not exceed two hundred fifty dollars ($250.00) for each separate game. R:/Agenda Reports/Charitable Bingo 614 2 . The licensee shall have the bingo license, lists of approved staff and accounting documents relating to all monies collected, disbursed and distributed available to such peace officer for inspection at all times during any bingo game or during licensee's normal business hours. . The City Manager has the authority deny an application for a bingo license if the applicant: a) does not fulfill the specific requirements for such license as set forth in this chapter, b) has knowingly made any false, misleading or fraudulent statement of a material fact in the application; c) is not of good moral character; or d) is unfit to conduct bingo games. . The City Manager may also suspend or revoke a license. · Any organization whose bingo license has been denied or revoked may not apply for a license to conduct any bingo games for a period of one year from the date notice of such denial or revocation was served on it. . Any person whose application for a bingo license has been denied by the City Manager, or whose bingo license has been suspended or revoked by the City Manager may appeal the decision to the City Council. . Any person who violates this ordinance shall be guilty of a misdemeanor and upon conviction, may be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. . Any violation of Section 9.50.080(E) (i.e., if a person receives a profit, wage, salary or percentage from any bingo game) is a misdemeanor, punishable by fine not to exceed ten thousand dollars ($10,000.00). The proposed ordinance is based on the existing Riverside County Ordinance. FISCAL IMPACT: None ATTACHMENTS: 1. A copy of Ordinance No. 05-_ entitled "An Urgency Ordinance of the City Council of the City of Temecula Adding Chapter 9.50 to the Temecula Municipal Code Authorizing the Game of Bingo by Charitable Organizations and Providing for the Regulation Thereof." 2. A copy of Ordinance No. 05-_ entitled "An Ordinance of the City Council of the City of Temecula Adding Chapter 9.50 to the Temecula Municipal Code Authorizing the Game of Bingo by Charitable Organizations and Providing for the Regulation Thereof." 3. A copy of Section 19 of Article IV of the California Constitution. 4. 319-329). A copy of Chapter 9 of Title 9 of Part 1 of the Penal Code ((Penal Code Sections R/Agenda Reports/Charitable Bingo 6 14 3 ORDINANCE NO, 05-_ AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.50 TO THE TEMECULA MUNICIPAL CODE AUTHORIZING THE GAME OF BINGO BY CHARITABLE ORGANIZATIONS AND PROVIDING FOR THE REGULATION THEREOF THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1, Chapter 9.50 is hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 9,50 BINGO Section 9,50,010. Definitions, Whenever, in this chapter or in any resolution or standard adopted by the City Council pursuant to this chapter, the following terms are used, they shall have the meanings respectively ascribed to them in this section, unless it is apparent from the context thereof that some other meaning is intended: A. "Bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which confonn to numbers or symbols selected at random. The game may include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance." B. "Minor" is any person under the age of eighteen (18) years. C. "Qualified organization" is a mobilehome park association, a senior citizens organization, an organization exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 237011 of the Revenue and Taxation Code, or the . City of Temecula. D. "City Manager" shall mean the City Manager of the City of Temecula or his or her designee. Section 9,50.020, Authority. The authority for this chapter is contained in Section 19 of Article IV of the California Constitution and Section 326.5 of the Penal Code. Section 9,50,030, License required. A. It is unlawful for any organization to conduct any bingo games in the City unless such organization is a qualified organization and has been issued a license as provided in this chapter. R:/Ords 2005/0rds 05-_ B. It is unlawful for any person to conduct any bingo games in City unless such person is a member of a qualified organization acting on behalf of such qualified organization that has been issued a license as provided by this chapter. Section 9,50,040, Application for license. Applications for a license or renewal thereof shall be filed with the City on forms prescribed by the City Manager and shall be signed under penalty of pe~ury. Such applications shall be filed: A. games; Not less than thirty (30) days prior to the proposed date of the bingo game or B. Not later than thirty (30) days after obtaining written verification from the planning department that there is improved vehicular access to the premises wherein a bingo game is to be conducted and that such premises contain off-street vehicle parking facilities on the basis of not less than one parking space for each two seats and that the use and location othelWise comply with all applicable provisions of the Temecula Municipal Code; one seat is defined as an area of seven and one-half square feet; and C. Not later than thirty (30) days after obtaining written verification from the building and safety department that the operation of such game or games at the proposed location is in compliance with all applicable provisions of the Temecula Municipal Code. Section 9,50,050, Term of license and fees. A. The term of a bingo license is twelve (12) months and may be renewed. B. The fee for an initial bingo license shall be fifty dollars ($50.00) and shall accompany the filing of the application. A license may be renewed upon the payment of a renewal fee of fifty dollars ($50.00) which has been paid at least thirty (30) days prior to the expiration of the term of the current license and provided the applicant is in good standing under the current license. When the renewal fee is not paid at least thirty (30) days prior to expiration of the current license, an additional late fee of twenty-five dollars ($25.00) shall be paid. Section 9,50,060. Application investigation, A. Upon receipt of an application for a license, along with the appropriate fee, the City Manager shall investigate the truth of the matters set forth in the application and the character of the applicant, and may examine the premises to be used for the bingo game or games. B. The City Manager may make inquiries to any office or department of the City, and to any State of California and federal agencies which the City Manager deems essential in order to carry out a proper investigation of applicant and the organization. C. Upon completion of the investigation, the City Manager shall approve, conditionally approve or deny the application for a bingo license in accordance with the terms of this Chapter and notify the applicant in writing. R:/Ords 2005/0rds 05-_ 2 Section 9,50.070. License not transferable. A. Each license issued hereunder shall be issued to a specified qualified organization to conduct a bingo game at a specific location and shall in no event be transferable from one organization to another nor from one location to another. Section 9,50.080, Limitations. A. A qualified organization shall conduct a bingo game only on property owned or leased by it, or on property whose use is donated to such organization, and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. Nothing in this subsection shall be construed to require that the property owned or leased by, or whose use is donated to, the organization be used or leased exclusively by, or donated exclusively to, such organization. B. No minors shall be allowed to participate in any bingo game. C. All bingo games shall be open to the public, not just to the members of the qualified organization. D. A bingo game shall be operated and staffed only by members of the qualified organization which organized it. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game. Such organization shall have written policies incorporated in its constitution, articles, by-laws or other regulations setting forth the manner in which a person may become a member of the organization, and absent any such written policies, it shall be presumed that the organization has no members who may operate and staff a bingo game. This subsection does not preclude the employment of security personnel, who are not members of the qualified organization, at a bingo game by the organization conducting the game. E. No person shall receive or pay a profit, wage, salary or percentage from any bingo game authorized by this chapter. F. No individual, corporation, partnership or other legal entity except the organization authorized to conduct a game shall hold a financial interest in the conduct of such bingo game. G. With respect to organizations exempt from payment of the bank and corporation tax by Section 23701 d of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes, that is, for the purposes for which such organizations are organized pursuant to their articles of incorporation or for purposes clearly incidental thereto. With respect to other organizations authorized to conduct bingo games pursuant to the provisions of this chapter, all proceeds derived from a bingo game shall be kept in a special fund and account and shall not be commingled with any other fund or account. Such proceeds shall be distributed to organizations that are tax exempt under Section 23701 d of the Revenue and Taxation Code to be used for charitable purposes as above defined, except as follows: 1. Such proceeds may be used for prizes. R:/Ords 2005/0rds 05-_ 3 2. A portion of such proceeds, not to exceed twenty (20) percent of the proceeds before the deduction for prizes, or two thousand ($2,000.00) per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel. The licensee shall keep full and complete accounting records supported by properly executed contracts, leases, receipts, and other related documents which pertain to all monies, or other forms of income, collected in connection with the conduct of any of its bingo games, disbursed for expenditures in connection therewith and remaining or distributed for charitable purposes. Such records shall be clearly identified and readily accessible. At the end of each month during which any bingo game is conducted, the licensee shall file with the City a full and complete financial report accounting for the funds remaining or distributed for charitable purposes, in such form as prescribed by the City Manager. 3. Such proceeds may be used to pay license fees. H. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted. I. The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held. Section 9,50,090. Inspection/Audit. A. Any peace officer or official of the City designated by the City Manager shall have free access to any bingo game licensed under this Chapter. The licensee shall have the bingo license, lists of approved staff and accounting documents relating to all monies collected, disbursed and distributed available to such peace officer for inspection at all times during any bingo game or during licensee's normal business hours. B. Officials of the City shall have the right to examine and audit the records of the licensee related to its bingo operations at any reasonable time, and the licensee shall fully cooperate with such officials by making such records available. If a City examination or audit discloses fraud, inappropriate use of proceeds, or violation of the provisions of this Chapter or state law, the licensee shall pay for the City's costs incurred in the examination or audit. Section 9,50.100, Denial of application, license or suspension or revocation. finds: A. The City Manager may deny an application for a bingo license, if he or she 1. That the applicant does not fulfill the specific requirements for such license as set forth in this chapter; 2. That the applicant, or any agent or representative thereof, has knowingly made any false, misleading or fraudulent statement of a material fact in the application or any document in connection therewith; R:/Ords 2005/0rds 05-_ 4 3. That the applicant, or any of its members, is not of good moral character. If the applicant has, or any of its members have, been convicted of any felony under the laws of this state or has been previously convicted of an offense under the laws of any other state of the United States which offense if committed in this state would have been punishable as a felony, it shall be presumed that the applicant is not of good moral character; or, 4. That the applicant is unfit to conduct bingo games. B. The City Manager may suspend or revoke a license if he or she finds: 1. That the licensee has, or any of its members have, violated any of the provisions of this chapter; or 2. That the bingo games will not comport with the public welfare for any reason or that the same have been conducted in an illegal, improper or disorderly manner, or in a manner substantially different from that described in the application, or for any reason for which the license application could have been denied. C. If, after an investigation, the City Manager determines that a bingo license should be suspended or revoked or that an application for such license be denied, he orshe shall prepare a notice of suspension or revocation or denial of application setting forth the reasons for such suspension, revocation or denial. Such notice shall be served personally on the licensee or applicant, or sent by registered or certified mail, postage prepaid, return receipt requested to the licensee's or applicant's last address as provided in the application. D. Any organization whose bingo license has been denied or revoked may not apply for a license to conduct any bingo games for a period of one year from the date notice of such denial or revocation was served on it, or if affirmed on appeal by the city council as provided in Section 9.50.110, from the date of such affirmation; provided, however, if the reason for revocation is cancellation of the exemption granted under Section 23701 (a), 23701 (b), 23701 (d), 23701 (e), 23701 (t), 23701 (g) and 23701 (1) of the Revenue and Taxation Code, such organization may again apply for a bingo license upon proof of reinstatement of such exemption. Section 9,50,110, Appeal. A. Any person who has had an application for a bingo license denied by the City Manager, or who has had a bingo license suspended or revoked by the City Manager may appeal the decision of the City Manager by filing with the City Clerk, within fifteen (15) days after the date of such decision, a written notice of appeal briefly setting forth the reasons why such denial, suspension or revocation is not proper. The City Clerk shall give written notice of the time and place of the hearing to the appellant. B. Such appeal shall be heard by the City Council which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the city council shall not, be limited by the technical rules of evidence. R:/Ords 2005/0rds 05-_ 5 Section 9,50,120, Violations - Penalties A. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. B. Notwithstanding provisions of subsection A of this section, any violation of Section 9.50.080(E) shall be punishable by a fine not to exceed ten thousand dollars ($10,000.00). Such fine shall be deposited in the general fund of the City. C. All sanctions provided in this chapter shall be cumulative and not exclusive. Section 9,50,130. Other remedies, The provisions of Section 9.50.120 are to be construed as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. Section 9.50,140 City Bingo Regulations. The City Manager is hereby authorized to enact such administrative regulations as are necessary or convenient to implement the provisions of this Chapter." Section 2. The City Council of the City of Temecula, as the legislative body of the City, makes the following findings in support of the immediate adoption and application of this ordinance as any urgency ordinance regulating bingo within the City of Temecula. Bingo games are currently being conducted regularly in the Redhawk Area. The Redhawk Area will be annexed to the City of Temecula on June 30, 2005. The City of Temecula has not yet adopted an ordinance authorizing qualified organizations to conduct bingo games within the City ofTemecula as required by state law. The bingo games that are currently being operated in the Redhawk Area are subject to Riverside County Ordinance No. 558.12 but will be deemed illegal upon annexation of the Redhawk Area to the City of Temecula. Therefore, in order to allow the continued operation of said bingo games in a lawful manner after effective date of the Redhawk Annexation, the City Council must adopt an urgency ordinance to authorize the operation of bingo games within the City of Temecula. Section 3, This ordinance is adopted as an urgency ordinance pursuant to the provisions of Government Code Sections 36934 and 36937 and shall be effective immediately upon its adoption. Based upon the findings set forth Section 1 of this Ordinance, the City Council finds and determines that the adoption of this ordinance as an urgency ordinance is necessary for the immediate preservation of the public peace, health or safety pursuant to the requirements of Govemment Code Sections 36934 and 36937. Section 4. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that anyone or more sentence, clauses or phrases be declared unconstitutional or otherwise invalid. R:/Ords 2005/0rds 05-_ 6 Section 5, The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. PASSED, APPROVED AND ADOPTED this _ 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 meeting of the City Council on the 14"'day of June, 2005 and that thereafter, said Ordinance was duly adopted and passed at a meeting of the City Council on the _ day of _' 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Ords 2005/0rds 05-_ 7 ORDINANCE NO, 05-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9,50 TO THE TEMECULA MUNICIPAL CODE AUTHORIZING THE GAME OF BINGO BY CHARITABLE ORGANIZATIONS AND PROVIDING FOR THE REGULATION THEREOF THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1, Chapter 9.50 is hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 9,50 BINGO Section 9.50,010. Definitions. Whenever, in this chapter or in any resolution or standard adopted by the City Council pursuant to this chapter, the following terms are used, they shall have the meanings respectively ascribed to them in this section, unless it is apparent from the context thereof that some other meaning is intended: A. "Bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. The game may include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend, "for sale or use onlyin a bingo game authorized under California law and pursuant to local ordinance." B. "Minor" is any person under the age of eighteen (18) years. C. "Qualified organization" is a mobilehorne park association, a senior citizens organization, an organization exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 237011 of the Revenue and Taxation Code, or the City of Temecula. D. "City Manager" shall mean the City Manager of the City ofTemecula or his or her designee. Section 9,50,020, Authority, The authority for this chapter is contained in Section 19 of Article IV of the California Constitution and Section 326.5 of the Penal Code. Section 9,50.030. License required, A. It is unlawful for any organization to conduct any bingo games in the City unless such organization is a qualified organization and has been issued a license as provided in this chapter. R:/Ords 2005/0rds 05-_ B. It is unlawful for any person to conduct any bingo games in City unless such person is a member of a qualified organization acting on behalf of such qualified organization that has been issued a license as provided by this chapter. Section 9,50,040, Application for license, Applications for a license or renewal thereof shall be filed with the City on forms prescribed by the City Manager and shall be signed under penalty of perjury. Such applications shall be filed: A. games; Not less than thirty (30) days prior to the proposed date of the bingo game or B. Not later than thirty (30) days after obtaining written verification from the planning department that there is improved vehicular access to the premises wherein a bingo game is to be conducted and that such premises contain off-street vehicle parking facilities on the basis of not less than one parking space for each two seats and that the use and location otherwise comply with all applicable provisions of the Temecula Municipal Code; one seat is defined as an area of seven and one-half square feet; and C. Not later than thirty (30) days after obtaining written verification from the building and safety department that the operation of such game or games at the proposed location is in compliance with all applicable provisions of the Temecula Municipal Code. Section 9,50,050, Term of license and fees, A. The term of a bingo license is twelve (12) months and may be renewed. B. The fee for an initial bingo license shall be fifty dollars ($50.00) and shall accompany the filing of the application. A license may be renewed upon the payment of a renewal fee of fifty dollars ($50.00) which has been paid at least thirty (30) days prior to the expiration of the term of the current license and provided the applicant is in good standing under the current license. When the renewal fee is not paid at least thirty (30) days prior to expiration of the current license, an additional late fee of twenty-five dollars ($25.00) shall be paid. Section 9,50.060, Application investigation, A. Upon receipt of an application for a license, along with the appropriate fee, the City Manager shall investigate the truth of the matters set forth in the application and the character of the applicant, and may examine the premises to be used for the bingo game or games. B. The City Manager may make inquiries to any office or department of the City, and to any State of California and federal agencies which the City Manager deems essential in order to carry out a proper investigation of applicant and the organization. C. Upon completion of the investigation, the City Manager shall approve, conditionally approve or deny the application for a bingo license in accordance with the terms of this Chapter and notify the applicant in writing. R:/Ords 2005/0rds 05-_ 2 Section 9,50,070, License not transferable. A. Each license issued hereunder shall be issued to a speCified qualified organization to conduct a bingo game at a specific location and shall in no event be transferable from one organization to another nor from one location to another. Section 9,50,080, Limitations, A. A qualified organization shall conduct a bingo game only on properly owned or leased by it, or on properly whose use is donated to such organization, and which properly is used by such organization for an office or for the performance of the purposes for which the organization is organized. Nothing in this subsection shall be construed to require that the properly owned or leased by, or whose use is donated to, the organization be used or leased exclusively by, or donated exclusively to, such organization. B. No minors shall be allowed to participate in any bingo game. C. All bingo games shall be open to the public, not just to the members of the qualified organization. D. A bingo game shall be operated and staffed only by members of the qualified organization which organized it. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game. Such organization shall have written policies incorporated in its constitution, articles, by-laws or other regulations setting forth the manner in which a person may become a member of the organization, and absent any such written policies, it shall be presumed that the organization has no members who may operate and staff a bingo game. This subsection does not preclude the employment of security personnel, who are not members of the qualified organization, at a bingo game by the organization conducting the game. E. No person shall receive or pay a profit, wage, salary or percentage from any bingo game authorized by this chapter. F. No individual, corporation, partnership or other legal entity except the organization authorized to conduct a game shall hold a financial interest in the conduct of such bingo game. G. With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes, that is, for the purposes for which such organizations are organized pursuant to their articles of incorporation or for purposes clearly incidental thereto. With respect to other organizations authorized to conduct bingo games pursuant to the provisions of this chapter, all proceeds derived from a bingo game shall be kept in a special fund and account and shall not be commingled with any other fund or account. Such proceeds shall be distributed to organizations that are tax exempt under Section 23701 d of the Revenue and Taxation Code to be used for charitable purposes as above defined, except as follows: 1. Such proceeds may be used for prizes. R:/Ords 2005/0rds 05-_ 3 2. A portion of such proceeds, not to exceed twenty (20) percent of the proceeds before the deduction for prizes, or two thousand ($2,000.00) per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel. The licensee shall keep full and complete accounting records supported by properly executed contracts, leases, receipts, and other related documents which pertain to all monies, or other forms of income, collected in connection with the conduct of any of its bingo games, disbursed for expenditures in connection therewith and remaining or distributed for charitable purposes. Such records shall be clearly identified and readily accessible. At the end of each month during which any bingo game is conducted, the licensee shall file with the City a full and complete financial report accounting for the funds remaining or distributed for charitable purposes, in such form as prescribed by the City Manager. 3. Such proceeds may be used to pay license fees. H. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted. I. The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held. Section 9,50.090, Inspection/Audit. A. Any peace officer or official of the City designated by the City Manager shall have free access to any bingo game licensed under this Chapter. The licensee shall have the bingo license, lists of approved staff and accounting documents relating to all monies collected, disbursed and distributed available to such peace officer for inspection at all times during any bingo game or during licensee's normal business hours. B. Officials of the City shall have the right to examine and audit the records of the licensee related to its bingo operations at any reasonable time, and the licensee shall fully cooperate with such officials by making such records available. If a City examination or audit discloses fraud, inappropriate use of proceeds, or violation of the provisions of this Chapter or state law, the licensee shall pay for the City's costs incurred in the examination or audit. Section 9,50,100, Denial of application, license or suspension or revocation, A. The City Manager may deny an application for a bin~o license, if he or she finds: 1. That the applicant does not fulfill the specific requirements for such license as set forth in this chapter; 2. That the applicant, or any agent or representative thereof, has knowingly made any false, misleading or fraudulent statement of a material fact in the application or any document in connection therewith; R:/Ords 2005/0rds 05-_ 4 3. That the applicant, or any of its members, is not of good moral character. If the applicant has, or any of its members have, been convicted of any felony under the laws of this state or has been previously convicted of an offense under the laws of any other state of the United States which offense if committed in this state would have been punishable as a felony, it shall be presumed that the applicant is not of good moral character; or, 4. That the applicant is unfit to conduct bingo games. B. The City Manager may suspend or revoke a license if he or she finds: 1. That the licensee has, or any of its members have, violated any of the provisions of this chapter; or 2. That the bingo games will not comport with the public welfare for any reason or that the same have been conducted in an illegal, improper or disorderly manner, or in a manner substantially different from that described in the application, or for any reason for which the license application could have been denied. C. If, after an investigation, the City Manager determines that a bingo license should be suspended or revoked or that an application for such license be denied, he or she shall prepare a notice of suspension or revocation or denial of application setting forth the reasons for such suspension, revocation or denial. Such notice shall be served personally on the licensee or applicant, or sent by registered or certified mail, postage prepaid, return receipt requested to the licensee's or applicant's last address as provided in the application. D. Any organization whose bingo license has been denied or revoked may not apply for a license to conduct any bingo games for a period of one year from the date notice of such denial or revocation was served on it, or if affirmed on appeal by the city council as provided in Section 9.50.110, from the date of such affirmation; provided, however, if the reason for revocation is cancellation of the exemption granted under Section 23701 (a), 23701 (b), 23701 (d), 23701 (e), 23701 (f), 23701 (g) and 23701 (1) of the Revenue and Taxation Code, such organization may again apply for a bingo license upon proof of reinstatement of such exemption. Section 9,50,110. Appeal, A. Any person who has had an application for a bingo license denied by the City Manager, or who has had a bingo license suspended or revoked by the City Manager may appeal the decision of the City Manager by filing with the City Clerk, within fifteen (15) days after the date of such decision, a written notice of appeal briefly setting forth the reasons why such denial, suspension or revocation is not proper. The City Clerk shall give written notice of the time and place of the hearing to the appellant. B. Such appeal shall be heard by the City Council which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the city council shall not, be limited by the technical rules of evidence. R:lOrds 2005/0rds 05-_ 5 Section 9,50,120. Violations - Penalties A. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. B. Notwithstanding provisions of subsection A of this section, any violation of Section 9.50.080(E) shall be punishable by a fine not to exceed ten thousand dollars ($10,000.00). Such fine shall be deposited in the general fund of the City. C. All sanctions provided in this chapter shall be cumulative and not exclusive. Section 9,50,130, Other remedies, The provisions of Section 9.50.120 are to be construed as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. Section 9,50,140 City Bingo Regulations. The City Manager is hereby authorized to enact such administrative regulations as are necessary or convenient to implement the provisions of this Chapter." Section 2. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that anyone or more sentence, clauses or phrases be declared unconstitutional or otherwise invalid. Section 3, The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED this _ day of _, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:/Ords 2005/0rds 05-_ 6 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 neading at a meeting of the City Council on the 14l"day of June, 2005 and that thereafter, said Ordinance was duly adopted and passed at a meeting of the City Council on the _ day of _' 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ABSTAIN: Susan W. Jones, CMC City Clerk R:/Ords 2005/0rds 05-_ 7 CALIFORNIA CONSTITUTION ARTICLE 4 LEGISLATIVE SEC. 19. (a) The Legislature has no power to authorize lotteries and shall prohibit the sale of lottery tickets in the State. (b) The Legislature may provide for the regulation of horse races and horse race meetings and wagering on the results. (c) Notwithstanding subdivision (al the Legislature by statute may authorize cities and counties to provide for bingo games, but only for charitable purposes. (d) Notwithstanding subdivision (ai, there is authorized the establishment of a California State Lottery. (e) The Legislature has no power to authorize, and shall prohibit casinos of the type currently operating in Nevada and New Jersey. http://www.leginfo.ca.gov/.constJ.articIe _4 Page 1 ofl 6/7/2005 CA Codes (pen:319-329) Page 1 of8 PENAL CODE SECTION 319-329 319. A lottery is any scheme for the disposal or distribution of property by chance, among persons who have paid or promised to pay any valuable consideration for the chance of obtaining such property or a portion of it, or for any share or any interest in such property! upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chancer whether called a lottery, raffle, or gift enterprise, or by whatever name the same may be known. 319.3. (a) In addition to Section 319, a lottery also shall include a grab bag game which is a scheme whereby, for the disposal or distribution of sports trading cards by chance, a person pays valuable consideration to purchase a sports trading card grab bag with the understanding that the purchaser has a chance to win a designated prize or prizes listed by the seller as being contained in one or more, but not all, of the grab bags. (b) For purposes of this section, the following definitions shall apply: (I) "Sports trading card grab bag" means a sealed package which contains one or more sports trading cards that have been removed from the manufacturer's original packaging. A "sports trading card grab bag" does not include a sweepstakes, or procedure for the distribution of any sports trading card of value by lot or by chance, which is not unlawful under other provisions of law. (2) "Sports trading card" means any card produced for use in commerce that contains a company name or logo, or both, and an image, representation, or facsimile of one or more players or other team member or members in any pose, and that is produced pursuant to an appropriate licensing agreement. 319.5. Neither this chapter nor Chapter 10 (commencing with Section 330) applies to the possession or operation of a reverse vending machine. As used in this section a reverse vending machine is a machine in which empty beverage containers are deposited for recycling and which provides a payment of money, merchandise, vouchers, or other incentives at a frequency less than upon each deposit. The payout of a reverse vending machine is made on a deposit selected at random within the designated number of required deposits. The deposit of an empty beverage container in a reverse vending machine does not constitute consideration within the definition of lottery in Section 319. 320. Every person who contrives, prepares, sets up, proposes, or draws any lottery, is guilty of a misdemeanor. http://www.leginfo.ca.gov/cgi-binldisplaycode?section=pen&group=OOOO 1-01 000&fi1e=31... 6/7/2005 CA Codes (pen:319-329) Page 2 of8 320.5. la) Nothing in this chapter applies to any raffle conducted by an eligible organization as defined in subdivision (c) for the purpose of directly supporting beneficial or charitable purposes or financially supporting another private, nonprofit, eligible organization that performs beneficial or charitable purposes if the raffle is conducted in accordance with this section. (b) For purposes of this section, "raffle" means a scheme for the distribution of prizes by chance among persons who have paid money for paper tickets that provide the opportunity to win these prizes, where all of the following are true: (1) Each ticket is sold with a detachable coupon or stub, and both the ticket and its associated coupon or stub are marked with a unique and matching identifier. (2) Winners of the prizes are determined by draw from among the coupons or stubs described in paragraph (1) that have been detached from all tickets sold for entry in the draw. (3) The draw is conducted in California under the supervision of a natural person who is 18 years of age or older. (4) (A) At least 90 percent of the gross receipts generated from the sale of raffle tickets for any given draw are used by the eligible organization conducting the raffle to benefit or provide support for beneficial or charitable purposes, or it may use those revenues to benefit another private, nonprofit organization, provided that an organization receiving these funds is itself an eligible organization as defined in subdivision (c). As used in this section, "beneficial purposes" excludes purposes that are intended to benefit officers, directors, or members, as defined by Section 5056 of the Corporations Code, of the eligible organization. In no event shall funds raised by raffles conducted pursuant to this section be used to fund any beneficial, charitable, or other purpose outside of California. This section does not preclude an eligible organization from using funds from sources other than the sale of raffle tickets to pay for the administration or other costs of conducting a raffle. IE) An employee of an eligible organization who is a direct seller of raffle tickets shall not be treated as an employee for purposes of workers' compensation under Section 3351 of the Labor Code if the following conditions are satisfied: (i) Substantially all of the remuneration (whether or not paid in cash) for the performance of the service of selling raffle tickets is directly related to sales rather than to the number of hours worked. (ii) The services performed by the person are performed pursuant to a written contract between the seller and the eligible organization and the contract provides that the person will not be treated as an employee with respect to the selling of raffle tickets for workers' compensation purposes. (e) For purposes of this section, employees selling raffle tickets shall be deemed to be direct sellers as described in Section 650 of the Unemployment Insurance Code as long as they meet the requirements of that section. (c) For purposes of this section, "eligible organization" means a private, nonprofit organization that has been qualified to conduct business in California for at least one year prior to conducting a raffle and is exempt from taxation pursuant to Sections 23701a, 23701b, 23701d, 23701e, 2370lf, 23701g, 23701k, 237011, 2370lt, or 23701w of the Revenue and Taxation Code. (d) Any person who receives compensation in connection with the operation of the raffle shall be an employee of the eligible http://www.leginfo.ca.gov/cgi-binldisp1aycode?section=pen&group=00001-01 OOO&file= 31... 6/7/2005 CA Codes (pen:319-329) Page 3 of8 organization that is conducting the raffle, and in no event may compensation be paid from revenues required to be dedicated to beneficial or charitable purposes. (e) No raffle otherwise permitted under this section may be conducted by means of, or otherwise utilize, any gaming machine, apparatus, or device, whether or not that machine, apparatus, or device meets the definition of slot machine contained in Section 330a, 330b, or 330.1. (f) No raffle otherwise permitted under this section may be conducted, nor may tickets for a raffle be sold, within an operating satellite wagering facility or racetrack inclosure licensed pursuant to the Horse Racing Law (Chapter 4 (commencing with Section 19400) of Division 8 of the Business and Professions Code) or within a gambling establishment licensed pursuant to the Gambling Control Act (Chapter 5 (commencing with Section 19800) of Division 8 of the Business and Professions Code). A raffle may not be advertised, operated, or conducted in any manner over the Internet, nor may raffle tickets be sold, traded, or redeemed over the Internet. For purposes of this section, advertisement shall not be defined to include the announcement of a raffle on the Web site of the organization responsible for conducting the raffle. (g) No individual, corporation, partnership, or other legal entity shall hold a financial interest in the conduct of a raffle, except the eligible organization that is itself authorized to conduct that raffle, and any private, nonprofit, eligible organizations receiving financial support from that charitable organization pursuant to subdivisions la) and Ib). (h) (1) An eligible organization may not conduct a raffle authorized under this section, unless it registers annually with the Department of Justice. The department shall furnish a registration form via the Internet or upon request to eligible nonprofit organizations. The department shall, by regulation, collect only the information necessary to carry out the provisions of this section on this form. This information shall include, but is not limited to, the following: (A) The name and address of the eligible organization. (B) The federal tax identification number, the corporate number issued by the Secretary of State, the organization number issued by the Franchise Tax Board, or the California charitable trust identification number of the eligible organization. IC) The name and title of a responsible fiduciary of the organization. (2) The department may require an eligible organization to pay an annual registration fee of ten dollars ($10) to cover the actual costs of the department to administer and enforce this section. The department may, by regulation, adjust the annual registration fee as needed to ensure that revenues willfully offset, but do not exceed, the actual costs incurred by the department pursuant to this section. The fee shall be deposited by the department into the General Fund. (3) The department shall receive General Fund moneys for the costs incurred pursuant to this section subject to an appropriation by the Legislature. (4) The department shall adopt regulations necessary to effectuate this section, including emergency regulations, pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), (5) The department shall maintain an automated data base of all registrants. Each local law enforcement agency shall notify the department of any arrests or investigation that may result in an http://www.leginfo.ca.gov/cgi -bin/displaycode?section=pen&group=OOOO 1-0 1 000&file=31... 6/7/2005 CA Codes (pen:319-329) Page 4 of8 administrative or criminal action against a registrant. The department may audit the records and other documents of a registrant to ensure compliance with this section. (6) Once registered, an eligible organization must file annually thereafter with the department a report that includes the following: (A) The aggregate gross receipts from the operation of raffles. (E) The aggregate direct costs incurred by the eligible organization from the operation of raffles. (C) The charitable or beneficial purposes for which proceeds of the raffles were used, or identify the eligible recipient organization to which proceeds were directed, and the amount of those proceeds. (7) The department shall annually furnish to registrants a form to collect this information. (8) The registration and reporting provisions of this section do not apply to any religious corporation sole or other religious corporation or organization that holds property for religious purposes, to a cemetery corporation regulated under Chapter 19 of Division 3 of the Business and Professions Code, or to any committee as defined in Section 82013 that is required to and does file any statement pursuant to the provisions of Article 2 (commencing with Section 84200) of Chapter 4 of Title 9, or to a charitable corporation organized and operated primarily as a religious organization, educational institution, hospital, or a health care service plan licensed pursuant to Section 1349 of the Health and Safety Code. (i) The department may take legal action against a registrant if it determines that the registrant has violated this section or any regulation adopted pursuant to this section, or that the registrant has engaged in any conduct that is not in the best interests of the public's health, safety, or general welfare. Any action taken pursuant to this subdivision does not prohibit the commencement of an administrative or criminal action by the Attorney General, a district attorney, city attorney, or county counsel. (j) Each action and hearing conducted to deny, revoke, or suspend a registry, or other administrative action taken against a registrant shall be conducted pursuant to the Administrative Procedure Act (Chapters 4.5 and 5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The department may seek recovery of the costs incurred in investigating or prosecuting an action against a registrant or applicant in accordance with those procedures specified in Section 125.3 of the Business and Professions Code. A proceeding conducted under this subdivision is subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. (k) The Department of Justice shall conduct a study and report to the Legislature by December 31, 2003, on the impact of this section on raffle practices in California. Specifically, the study shall include, but not be limited to, information on whether the number of raffles has increased, the amount of money raised through raffles and whether this amount has increased, whether there are consumer complaints, and whether there is increased fraud in the operation of raffles. (1) This section shall become operative on July 1, 2001. (m) A raffle shall be exempt from this section if it satisfies all of the following requirements: (1) It involves a general and indiscriminate distributing of the tickets. (2) The tickets are offered on the same terms and conditions as http://www.leginfo.ca.gov/cgi -bin/displaycode?section=pen&group=OOOO 1-0 1 000&file=31... 6/7/2005 CA Codes (pen:319-329) Page 5 of 8 the tickets for which a donation is given. (3) The scheme does not require any of the participants to pay for a chance to win. 321. Every person who sells, gives, or in any manner whatever, furnishes or transfers to or for any other person any ticket, chance, share, or interest, or any paper, certificate, or instrument purporting or understood to be or to represent any ticket, chance, share, or interest in, or depending upon the event of any lottery, is guilty of a misdemeanor. 322. Every person who aids or assists, either by printing, writing, advertising, publishing, or otherwise in setting up, managing, or drawing any lottery, or in selling or disposing of any ticket, chance, or share therein, is guilty of a misdemeanor. 323. Every person who opens, sets up, or keeps, by himself or by any other person, any office or other place for the sale of, or for registering the number of any ticket in any lottery, or who, by printing, writing, or otherwise, advertises or publishes the setting up, opening, or using of any such office, is guilty of a misdemeanor. 324. Every person who insures or receives any consideration for insuring for or against the drawing of any ticket in any lottery whatever, whether drawn or to be drawn within this State or not, or who receives any valuable consideration upon any agreement to repay any sum, or deliver the same, or any other property, if any lottery ticket or number of any ticket in any lottery shall prove fortunate or unfortunate, or shall be drawn or not be drawn, at any particular time or in any particular order, or who promises or agrees to pay any sum of money, or to deliver any goods, things in action, or property, or to forbear to do anything for the benefit of any person, with or without consideration, upon any event or contingency dependent on the drawing of any ticket in any lottery, or who publishes any notice or proposal of any of the purposes aforesaid, is guilty of a misdemeanor. 325. All moneys and property offered for sale or distribution in violation of any of the provisions of this chapter are forfeited to the state, and may be recovered by information filed, or by an action brought by the Attorney General, or by any district attorney, in the name of the state. Upon the filing of the information or complaint, the clerk of the court must issue an attachment against the property mentioned in the complaint or information, which attachment has the same force and effect against such property, and is issued in the same manner as attachments issued from the superior courts in civil cases. http://www.1eginfo.ca.gov/cgi-binldisp1aycode?section=pen&group=0000 1-0 1 000&fi1e=31... 6/7/2005 CA Codes (pen:319-329) Page 6 of 8 326. Every person who lets, or permits to be used, any building or vessel, or any portion thereof, knowing that it is to be used for setting up, managing, or drawing any lottery, or for the purpose of selling or disposing of lottery tickets, is guilty of a misdemeanor. ~1~bO -~ 326.5. (a) Neither this chapter nor Chapter 10 (commencing with Section 330) applies to any bingo game that is conducted in a city, county, or city and county pursuant to an ordinance enacted under Section 19 of Article IV of the State Constitution, if the ordinance allows games to be conducted only by organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 2370ld, 23701e, 23701f, 23701g, and 237011 of the Revenue and Taxation Code and by mobilehome park associations and senior citizens organizations; and if the receipts of those games are used only for charitable purposes. (b) It is a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games, as provided in subdivisions (j) and (k). (c) A violation of subdivision (b) shall be punishable by a fine not to exceed ten thousand dollars ($10,000), which fine is deposited in the general fund of the city, county, or city and county that enacted the ordinance authorizing the bingo game. A violation of any provision of this section, other than subdivision (b), is a misdemeanor. (d) The city, county, or city and county that enacted the ordinance authorizing the bingo game may bring an action to enjoin a violation of this section. (e) No minors shall be allowed to participate in any bingo game. (f) An organization authorized to conduct bingo games pursuant to subdivision (a) shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by that organization for an office or for performance of the purposes for which the organization is organized. Nothing in this subdivision shall be construed to require that the property owned or leased by, or whose use is donated to, the organization be used or leased exclusively by, or donated exclusively to, that organization. (g) All bingo games shall be open to the public, not just to the members of the authorized organization. (h) A bingo game shall be operated and staffed only by members of the authorized organization that organized it. Those members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such a game, or participate in the promotion, supervision, or any other phase of a bingo game. This subdivision does not preclude the employment of security personnel who are not members of the authorized organization at a bingo game by the organization conducting the game. (i) No individual, corporation, partnership, or other legal entity, except the organization authorized to conduct a bingo game, shall hold a financial interest in the conduct of a bingo game. (j) With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Those profits shall be used only for charitable http://www.Ieginfo.ca.gov/cgi -binldisplaycode?section=pen&group=OOOO 1-0 1 000&file=31... 6/7/2005 CA Codes (pen:319-329) Page 70f8 purposes. (k) With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Proceeds are the receipts of bingo games conducted by organizations not within subdivision (j). Those proceeds shall be used only for charitable purposes, except as follows: (1) The proceeds may be used for prizes. (2) A portion of the proceeds, not to exceed 20 percent of the proceeds before the deduction for prizes, or two thousand dollars ($2,000) per month, whichever is less, may be used for the rental of property and for overhead, including the purchase of bingo equipment! administrative expenses! security equipment, and security personnel. (3) The proceeds may be used to pay license fees. (4) A city, county, or city and county that enacts an ordinance permitting bingo games may specify in the ordinance that if the monthly gross receipts from bingo games of an organization within this subdivision exceed five thousand dollars ($5!000)! a minimum percentage of the proceeds shall be used only for charitable purposes not relating to the conducting of bingo games and that the balance shall be used for prizes, rental of property, overhead, administrative expenses! and payment of license fees. The amount of proceeds used for rental of property, overhead, and administrative expenses is subject to the limitations specified in paragraph (2). (1) (1) A city, county, or city and county may impose a license fee on each organization that it authorizes to conduct bingo games. The fee, whether for the initial license or renewal! shall not exceed fifty dollars ($50) annually, except as provided in paragraph (2). If an application for a license is denied, one-half of any license fee paid shall be refunded to the organization. (2) In lieu of the license fee permitted under paragraph (1), a city! county! or city and county may impose a license fee of fifty dollars ($50) paid upon application. If an application for a license is denied! one-half of the application fee shall be refunded to the organization. An additional fee for law enforcement and public safety costs incurred by the city, county, or city and county that are directly related to bingo activities may be imposed and shall be collected monthly by the city, county! or city and county issuing the license; however, the fee shall not exceed the actual costs incurred in providing the service. (m) No person shall be allowed to participate in a bingo game, unless the person is physically present at the time and place where the bingo game is being conducted. (n) The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars ($250) in cash or kind! or both! for each separate game which is held. (0) As used in this section! "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card that conform to numbers or symbols selected at random. Notwithstanding Section 330c! as used in this section! the game of bingo includes cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All preprinted cards shall bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance. II It is the intention of the Legislature that bingo as defined in this subdivision applies exclusively to this section http://www.1eginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=31... 6/712005 CA Codes (pen:319-329) Page 8 of8 and shall not be applied in the construction or enforcement of any other provision of law. 327. Every person who contrives, prepares, sets up, proposes, or operates any endless chain is guilty of a public offense, and is punishable by imprisonment in the county jail not exceeding one year or in state prison for 16 months, two, or three years. As used in this section, an "endless chain" means any scheme for the disposal or distribution of property whereby a participant pays a valuable consideration for the chance to receive compensation for introducing one or more additional persons into participation in the scheme or for the chance to receive compensation when a person introduced by the participant introduces a new participant. Compensation, as used in this section, does not mean or include payment based upon sales made to persons who are not participants in the scheme and who are not purchasing in order to participate in the scheme. 328. Nothing in this chapter shall make unlawful the printing or other production of any advertisements for, or any ticket, chance, or share in a lottery conducted in any other state or nation where such lottery is not prohibited by the laws of such state or nation; or the sale of such materials by the manufacturer thereof to any person or entity conducting or participating in the conduct of such a lottery in any such state or nation. This section does not authorize any advertisement within California relating to lotteries, or the sale or resale within California of lottery tickets, chances, or shares to individuals, or acts otherwise in violation of any laws of the state. 329. Upon a trial for the violation of any of the provisions of this chapter, it is not necessary to prove the existence of any lottery in which any lottery ticket purports to have been issued, or to prove the actual signing of any such ticket or share, or pretended ticket or share, of any pretended lottery, nor that any lottery ticket, share, or interest was signed or issued by the authority of any manager, or of any person assuming to have authority as manager; but in all cases proof of the sale, furnishing, bartering, or procuring of any ticket, share, or interest therein, or of any instrument purporting to be a ticket, or part or share of any such ticket, is evidence that such share or interest was signed and issued according to the purport thereof. http://www.leginfo.ca.gov/cgi-binldisplaycode?section=pen&group=OOOO 1-0 I 000&file=31... 617/2005