HomeMy WebLinkAbout062706 CC Agenda
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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
JUNE 27, 2006 - 7:00 PM
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can
be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
6:00 P.M. - Closed Session of the City Council pursuant to Government Code
Section:
1. Public Employee Performance Evaluation of the incumbent for the City
Manager pursuant to Government Code Sections 54957 and 54957.6.
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: 06-09
Resolution: 06-55
CALL TO ORDER:
Mayor Ron Roberts
Prelude Music:
Sketch from Kiss Me Kate, performed by Ashley Lohman, Jason Call,
and Paige Patterson
Invocation:
Pastor Bill Rench of Calvary Baptist Church of Temecula
Flag Salute:
Council Member Naggar
ROLL CALL:
Comerchero, Edwards, Naggar, Washington, Roberts
PRESENTA TIONS/PROCLAMA TIONS
New Citv Website Presentation
Solar CuP 2006 Citv Council Trophv Presentation
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 minute (5) 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 Adootion Procedure
RECOMMENDATION:
1 .1 Motion to waive the reading of text of all ordinances and resolutions included in the
agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of May 23, 2006;
2.2 Approve the minutes of June 13,2006.
3 Resolution aoorovina List of Demands
RECOMMENDATION:
2
3.1 Adopt a resolution entitled:
RESOLUTION NO. 06-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, ALLOWING CERTAIN CLAIMS
AND DEMANDS AS SET FORTH IN EXHIBIT A
4 Fire Station 73 Transfer of Title
4.1 Approve transfer of title for Fire Station 73 by authorizing the City's designee to
execute the necessary documents to complete the conveyance of said property.
5 California Deoartment of Justice - Drua and Alcohol Analvsis/Finaerorintina
RECOMMENDATION:
5.1 Approve a three year agreement with the California Department of Justice in the
amount of $210,000 for fingerprinting services;
5.2 Approve an open term agreement with the California Department of Justice for drug
and alcohol analysis and an annual expenditure of $28,000 plus a 10% contingency
in FY 06/07.
6 First Amendment to Aareement for Law Enforcement Services
RECOMMENDATION:
6.1 Approve the first amendment to the agreement for law enforcements services
between the County of Riverside and the City of Temecula to include hiring one
additional Patrol and four Community Service Officers.
7 Aareement for Contract Insoection Services for P & D Consultants
RECOMMENDATION:
7.1 Approve an agreement for consultant services with P & D Consultants in an amount
not to exceed $156,000.
8 Aareement for Consultina Services between the Citv of Temecula and Communitv Works
Desian Grouo
RECOMMENDATION:
8.1 Approve the Contract with Community Works Design Group to perform landscape
plan check and inspection services in the amount of $100,000.
9 Professional Services Aareement for Geotechnical and Material Testina Services for Verizon
Fiber Ootic Proiect for Fiscal Year 2006-2007
3
RECOMMENDATION:
9.1 Approve a Professional Services Agreement with LGC Geotechnical Consulting in
the amount of $86,250.00 to provide 16 hours per week of geotechnical & material
testing services for the Verizon Fiber Optic Project for FY2006-2007 and authorize
the Mayor to execute the agreement;
9.2 Approve an appropriation of $86,250.00 from General Fund Reserves to fully fund
this project.
10 Professional Landscaoe Plan Check and Insoection Services Aareements for Fiscal Year
2006-2007:
RECOMMENDATION:
10.1 Approve the agreement with Community Works Design Group in the amount of
$60,000.00 to provide as needed landscape plan check and inspection services;
10.2 Approve the agreement with Kobata Associates, Inc., in the amount of $60,000.00
to provide as needed landscape plan check and inspection services;
10.3 Authorize the Mayor to execute the agreements.
11 Award the Construction Contract for Rancho Vista Road Sidewalk Proiect - Proiect No.
PW05-01
RECOMMENDATION:
11.1 Award a construction contract for the Rancho Vista Road Sidewalk, Project No.
PW05-01 to Elite Bobcat Service, Inc. in the amount of $188,888.00 and authorize
the Mayor to execute the contract;
11.2 Authorize the City Manager to approve contract change orders not to exceed the
contingency amount of $18,888.80, which is equal to 10% of the contract amount;
11.3 Approve an acceleration of $150,000.00 from the Capital Improvement Budget for
the FY2006-2007 to the current FY2005-2006 budget to cover the administration
and construction costs.
12 Award the Construction Contract for Traffic Sianallnstallation. Jefferson Avenue and
Sanborn Avenue. and Redhawk Parkwav and Overland TraillPaseo Parallon Intersections -
Proiect No. PW05-07 and Proiect No. PW05-08
RECOMMENDATION:
12.1 Award a construction contract for Traffic Signal Installations, Jefferson Avenue and
Sanborn Avenue, and Redhawk Parkway and Overland TraillPaseo Parallon
Intersections, Project No. PW05-07 and 05-08 to HMS Construction, Inc. in the
amount of $328,000.00 and authorize the Mayor to execute the contract;
4
12.2 Authorize the City Manager to approve contract change orders not to exceed the
contingency amount of $32,800.00, which is equal to 10% of the contract amount;
12.3 Approve an acceleration of $141 ,651.00 programmed for FY2006-2007, to fully fund
the HMS Construction, Inc. contract and the project contingency.
13 Fourth Amendment to Contract Aareement for On-Call Traffic Sianal Maintenance Services
for Fiscal Year 2006-2007
RECOMMENDATION:
13.1 Approve the Fourth Amendment to the Contract Agreement with Republic Electric to
perform additional On-Call Traffic Signal Maintenance Services and traffic related
projects for Fiscal Year 2006-2007, for an amount not to exceed $100,000.00 and
authorize the Mayor to execute the agreement.
14 Enaineerina Plan Check. Mao and Leaal Descriotion Review for Fiscal Year 2006-2007:
KRW & Associates
RECOMMENDATION:
14.1 Approve the agreement for Engineering Plan Check, Map and Legal Description
Review for Fiscal Year 2006-2007 with KRW & Associates for an amount not to
exceed $35,000.00, and authorize the Mayor to execute this agreement.
15 Voter Aooroved Measure C Annual Soecial Tax Levv
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 06-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL
YEAR 2006-2007 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
16 Acceotance of Grant Deed for Ooen Soace Lot 9 of Tract 29133
RECOMMENDATION:
16.1 Authorize acceptance of the Grant Deed for Open Space Lot 9 of Tract 29133 and
direct staff to proceed with the necessary actions to cause the deed to be recorded.
5
17 Resolution Adootina FY 2006-2007 Solid Waste Rates
RECOMMENDATION:
17.1 Adopt a resolution entitled:
RESOLUTION NO. 06-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING SOLID WASTE RATES FOR FISCAL YEAR 2006-2007
18 Arts Council of Temecula Vallev Soecial Events Communitv Grant Aareement
RECOMMENDATION:
18.1 Approve a Special Events Community Grant Agreement between the City of
Temecula and the Arts Council of Temecula Valley in the amount of $32,000.
19 Librarv Furnishinas Purchase
RECOMMENDATION:
19.1 Approve a purchase from Library Design Group in the amount of $150,208.08 plus a
10% contingency for library furnishings in the public areas of the Temecula Public
Library;
19.2 Approve a purchase from Yamada Enterprises in the amount of $45,125.70 plus a
10% contingency for children's library furnishings and adult lounge chairs in the
public areas of the Temecula Public Library and authorize the City Manager to
execute the purchase agreement.
20 Riverside Countv Librarv Contract Amendment NO.9
20.1 Approve Amendment NO.9 to the Agreement to Provide Library Services (Additional
Staff) ;
20.2 Authorize the expenditure of an amount not to exceed $50,000 to fund the
Temecula Library Volunteer Coordinator half-time position and to subsidize funding
to maintain the Senior Reference Librarian and Reference Librarian positions for the
first four (4) months of fiscal year 2006-07.
*1 - - - - - - - ~**'.><>
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT, AND THE
CITY OF TEMECULA REDEVELOPMENT AGENCY
******~ ________________ Ir***
6
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
Next in Order:
Ordinance: No. CSD 06-01
Resolution: No. CSD 06-08
CALL TO ORDER: President Jeff Comerchero
ROLL CALL:
DIRECTORS:
Edwards, Naggar, Roberts, Washington,
Comerchero
CSD PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to
Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
CSD CONSENT CALENDAR
21 Professional Services Aareement for TCSD Landscaoe Plan Check and Insoection Services
RECOMMENDATION:
21.1 Approve a one (1) year Professional Services Agreement with Community Works
Design Group for TCSD landscape plan check and inspection services in the
amount of $60,000 and authorize the Board President to execute the agreement.
22 Acceptance of a Landscape Maintenance Easement Deed alona Date Street within the
Harveston Develooment
RECOMMENDATION:
22.1 Accept the Landscape Maintenance Easement Deed for certain areas along Date
Street within the Harveston Development.
7
23 Inclusion of Tracts into Service Level B and Service Level C for Fiscal Year 2006-2007
RECOMMENDATION:
23.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 06-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACCEPTING
CERTAIN TRACTS INTO TCSD SERVICE LEVEL B FOR PURPOSES OF
FUNDING THE ENERGY CHARGES FOR RESIDENTIAL STREET LIGHTS
BEGINNING FISCAL YEAR 2006-2007
23.2 Adopt a resolution entitled:
RESOLUTION NO. CSD 06-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACCEPTING
CERTAIN TRACTS INTO SERVICE LEVEL C BEGINNING FISCAL YEAR 2006-
2007
24 Arts Council Communitv Grant Aareement
RECOMMENDATION:
24.1 Approve the Community Grant Agreement between the Temecula Community
Services District (TCSD) and the Arts Council of Temecula Valley in the amount of
$40,000.
CSD 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.
25 TCSD Prooosed Rates and Charaes for Fiscal Year 2006-2007:
RECOMMENDATION:
25.1 Adopt a resolution entitled:
8
RESOLUTION NO. CSD 06-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING
RATES AND CHARGES FOR SERVICE LEVEL B - RESIDENTIAL STREET
LIGHTING, SERVICE LEVEL C - PERIMETER LANDSCAPING AND SERVICE
LEVEL D - REFUSE AND RECYCLING COLLECTION SERVICES FOR FISCAL
YEAR 2006-2007
25.2 Adopt a resolution entitled:
RESOLUTION NO. CSD 06-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING
RATES AND CHARGES FOR SERVICE LEVEL R - ROAD MAINTENANCE
SERVICES FOR FISCAL YEAR 2006-2007
CSD DEPARTMENTAL REPORT
26 Communitv Services Deoartment Monthlv Reoort
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
Next regular meeting: Tuesday, July 11,2006, at 5:30 P.M., for a Closed Session, with regular
session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
9
TEMECULA REDEVELOPMENT AGENCY MEETING
Next in Order:
Ordinance: No. RDA 06-01
Resolution: No. RDA 06-06
CALL TO ORDER: Chair Person Mike Naggar
ROLL CALL
AGENCY MEMBERS: Edwards, Comerchero, Roberts, Washington,
Naggar
RDA PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item not on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
RDA CONSENT CALENDAR
27 Old Town Billboard Lease Aareement
RECOMMENDATION
27.1 Approve a $43,500 Lease Agreement with Lamar Advertising Company for the Old
Town Billboard.
28 Aareement Between Melodv's Ad Works and the Redevelooment Aaencv for FY 2006-07
RECOMMENDATION
28.1 Approve an agreement with Melody's Ad Works in the amount of $31 ,415.00 for
promoting and marketing Special Events in Old Town.
10
29 .Annu?1 Contra~ for Ke',ser Marston Associates. Inc. for Real Estate Economic and.
Affordable Housina Consultina Services
RECOMMENDATION
29.1 Approve an agreement with Keyser Marston Associates, Inc. in the amount of
$75,000 to provide as-needed Real Estate Economic Consulting Services and
authorize the Redevelopment Chairperson to execute the agreement;
29.2 Approve an agreement with Keyser Marston Associates, Inc. in the amount of
$50,000 to provide as-needed Affordable Housing Consulting Services and
authorize the Redevelopment Chairperson to execute the agreement.
RDA EXECUTIVE DIRECTORS REPORl:
RDA AGENCY MEMBERS REPORTS,
RDA ADJOURNMENT
Next regular meeting: Tuesday, July 11,2006, at 5:30 P.M., for a Closed Session, with regular
session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
11
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.
30 Aoorove the Old Town Civic Center Master Plan. Aoorove a Mitiaated Neaative Declaration.
and Authorize the Desian for Phase 10ld Town Infrastructure Imorovements
RECOMMENDATION:
30.1 Adopt a Mitigated Negative Declaration for the Environmental Assessment for the
Old Town Civic Center Master Plan;
30.2 Approve the Old Town Civic Center Master Plan and authorize staff to proceed with
the design phase of the Phase 1 Old Town Infrastructure Improvements.
31 Cable Television Franchise Aareement with Verizon California. Inc.
RECOMMENDATION:
31.1 Conduct a public hearing to gather public input on the proposed cable franchise
agreement between the City and Verizon California, Inc. ("Franchise Agreement")
and to consider the impacts of the proposed Franchise Agreement, as required by
California Government Code 3 53066.3, 47 U.S.C. 3 541 (a), and other applicable
provisions of law, as well as any applicable provisions of existing franchises;
31.2 Consider this staff report that sets forth an analysis, conclusions, and
recommendations concerning each of the factors set forth in California Government
Code 353066.3, 47 U.S.C. 3 541 (a), and other applicable provisions of law, as well
as any applicable provisions of existing franchises, and recommends that the City
Council approve the proposed Franchise Agreement;
31.3 Adopt a resolution entitled:
RESOLUTION NO. 06-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING AND AUTHORIZING THE EXECUTION OF A NONEXCLUSIVE
CABLE FRANCHISE AGREEMENT BETWEEN THE CITY AND VERIZON
CALIFORNIA, INC.
12
COUNCIL BUSINESS
32 Nicolas Vallev Soecial Studv (at the reauest of Mavor Pro Tem Washinaton)
RECOMMENDATION:
32.1 Appoint two members to a Council Sub-Committee and provide direction to staff on
land uses and infrastructure in the Nicolas Valley.
DEPARTMENTAL REPORTS
33 Fire Deoartment 2005 Year End Statistics
34 Plannina Deoartment Monthlv Reoort
35 Economic Develooment Deoartment Monthlv Reoort
36 Police Deoartment Monthlv Reoort
37 Public Works Deoartment Monthlv Reoort
38 Buildina and Safetv Deoartment Monthlv Reoort
39 Citv Council TravellConference Reoort - Mav 2006
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: Tuesday, July 11, 2006 at 5:30 P.M., for a Closed Session with regular
session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
13
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ITEM NO.1
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ITEM NO.2
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MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
MAY 23,2006
The City Council convened in Closed Session at 6:15 p.m. its regular meeting commenced at
7:00 p.m., on Tuesday, May 23, 2006, in the City Council Chambers of Temecula City Hall,
43200 Business Park Drive, Temecula, California, was convened.
Present:
5
Council Members:
Comerchero, Edwards, Naggar, Washington, and
Roberts
Absent:
o
Council Members:
None
PRELUDE MUSIC
The Prelude Music was provided by Derrick Tiu.
INVOCATION
The invocation was given by Pastor Leon Franklin of Living Word.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Council Member Comerchero.
PRESENTA TIONSIPROCLAMA TIONS
Endanaered Soecies Act Proclamation
In appreciation for the City Council's recognition, Mr. Phil Pauley of Congressman Issa's Office,
was in attendance to accept a proclamation for the Federal Endangered Species Act.
Relav for Life Proclamation
On behalf of the City Council, Mayor Roberts promoted Temecula's Second Annual Relay for
Ufe Event to be held on June 24'h and 25'h, 2006, at Great Oak High School, and encouraged
the community to support the event.
PUBLIC COMMENTS
A. Ms. Patty White, Temecula, spoke on behalf of the many dog owners who enjoy going to
Redhawk Community Park to let their dogs socialize with other dogs, and requested that the
City Council consider the posting of times for off-leash play.
Referencing Ms. White's request, City Manager Nelson stated that there would be liability issues
associated with posting of signs for off-leash play time; however, understanding that there is a
need for a dog park, staff would be working on establishing an interim fencing project that would
allow an area in the Redhawk Community Park for an off-leash play time until permanent
improvements are made.
R:\Minutes\052306
B. Mr. Mike Slocum, Temecula, thanked City Manager Nelson for the information with
regard to off-leash play time for dogs and spoke in favor of a dog park for the Redhawk area.
Clarifying for the record, Mayor Roberts noted that a dog park was discussed at the Budget
Workshop held on May 17, 2006, and that staff is in the process of implementing dog parks in
the community.
C. Mr. John Thomas, Temecula VFW Post 4089, extended an invitation to a Memorial Day
Ceremony that will be conducted at the Temecula Cemetery, located on "C" Street off Santiago
Road beginning at 1 0:00 a.m., advising that the most recently buried Veteran will be honored.
D. Mr. Tim Faulkner, Temecula, spoke in favor of dog parks, requesting that there be more
dog parks located throughout the City for all to enjoy.
E. Ms. Dee Mc Clure, San Bernardino Construction Liason for Caltrans, apprised the City
Council of an upcoming project that will begin late summer 2006 on 1-15 in Fontana, advising
that more information will be forwarded to the City as it becomes available.
F. Mr. Mike Kuhn, Temecula, read quotes from an article from the Valley News, dated May
5, 2006, with regard to why the City Council refused to build North General Kearny and to open
Sanderling, Starling, and Kahwea Roads. Mr. Kuhn also expressed his disappointment with the
City Council for not helping to retain the third largest employer in Temecula. In addition, Mr.
Kuhn stated that he will be working through November 2006 to find a replacement City Council
Member that would represent the community as a whole, not just one specific area.
In response to Mr. Kuhn's comment with regard to the third largest employer leaving the City of
Temecula, Council Member Washington requested that Assistant City Manager O'Grady inquire
of Mr. Kuhn's previous employer and return to the City Council with a full report.
G. Mr. Ken Johnson, Temecula, spoke of the recommendation of a dog park, and relayed
his opposition.
H. Ms. Betty Johnson, Temecula, spoke in opposition of a dog park at Redhawk
Community Park, advising that it would create a negative impact to the quality of life for
residents in the surrounding area.
I. Ms. Jeanne Martinez, Temecula, spoke against dog parks and noted that leash laws
would be in place to protect children, adults, and other animals and that the City should maintain
its current leash laws and vigorously enforce them.
J. Ms. Carol-Jane Christensen, Temecula, spoke in opposition to Redhawk Community
Park becoming a dog park, advising that dogs not on leashes could chase children and adults
which could result in a dangerous situation.
K. Ms. Amanda Schwarzer, Temecula, spoke in favor of dog parks and stated that dog
parks do not cause homes to depreciate; and that due to the fact that the City of Temecula is a
family community, a dog park would be an asset and desireable for new community members.
Clarifying for the record, Council Member Edwards noted that although a specific dog park has
not been determined, the City Council recommended that a place be made in the budget for
three dog parks, located in the northern, central, and southern end of the City.
R:\Minutes\052306
2
L. Ms. Lynn Sorrentino, Temecula, relayed her support of dog parks and requested that the
City Council consider the need of dog parks to meet the needs of the community.
M. Ms. Trina Snow, Temecula, thanked the City Council for considering the implementation
of dog parks, noting that dog parks would be an essential part of making a community whole;
that benefits enjoyed by dogs are also benefits to dog owners; and that a well adjusted, less
aggressive dog, would be easier to handle for an owner.
N. Mr. Matthew Pagues, Temecula, spoke in favor of dog parks, suggesting that specific
dog park hours be imposed.
CITY COUNCIL REPORTS
A. Addressing the dog park issue, Mayor Pro Tem Washington noted that city staff will, to
the best of its ability, make an effort to balance the needs of the community.
Mr. Washington requested that staff review the Nicolas Valley Area as it would relate to
infrastructure or the lack of infrastructure.
B. Referencing dog parks, Council Member Comerchero stated that it would be his opinion
that there would need to be as many dog parks as necessary to accommodate the community;
and that there should be segregated areas for those desiring to walk their dogs without
infringing upon the rights and needs of individuals who use the park for regular uses.
C. Council Member Naggar advised the public of the importance of critically reviewing the
candidates for the 66'h Assembly District seat in the June 2006 election, noting that the election
will affect the Temecula area.
D. Advising that she had an opportunity to attend the Citizens Scholarship Foundation at
Chaparral High School on May 22, 2006, Council Member Edwards advised that due to the
generous donations of many businesses and families in the community, $179,000 was raised
for scholarships.
E. With regard to Indian Gaming, Mayor Roberts noted the following:
D That every County in California that has Indian Gaming would have an Indian
Gaming Local Community Benefits Committee (CBC)
D That the funds distributed to the Community Benefit Committee must be
spent on direct impacts to the City that would be most affected by the casino
D That the funds may be spent on infrastructure or public safety
D That the City of Temecula would draw funds from the Pechanga Casino
D That this year, there was a special distribution fund that was restored with the
passing of Senate Bill 288
D That the Tribal Council will be recommending a single-year funding of
$1,741,000 for the 1-15 lower SR-79 Interchange Ultimate Improvements
Project
D That the City will be receiving $183,000 for closed circuit television cameras
to monitor the traffic on Pechanga Parkway from lower SR-79 South to the
Pechanga Casino entrance
R:\Minutes\052306
3
D That the City will also be receiving $400,000 for a dual right-turn lane to
southbound Pechanga Parkway from eastbound SR-79 South.
Mayor Roberts also stated that City Council Members have been receiving emails from
residents of Del Rey and Via Norte Roads, advising that the traffic accident rate has
increased considerably in the past six months; and due to this information, Mayor
Roberts requested that the Public Traffic Safety Commission study traffic patterns in
Meadowview, study the increased traffic collisions, review primary collision factors, and
explore traffic calming measures at intersections; and that he would also request strong
police enforcement in the area.
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adootion Procedure
RECOMMENDATION:
1 .1 Motion to waive the reading of text of all ordinances and resolutions included in the
agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of April 25, 2006.
3 Resolution aoorovina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 0641
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH
IN EXHIBIT A
4 Professional Services Aareement for Soecial Tax Administration Services
RECOMMENDATION:
4.1 Approve a three-year professional services agreement with N BS for an annual
amount of $48,250 for FY 2006/07, $49,215 for FY 2007/08, and $50,199.30 for FY
2007/08 for special tax administration for the City's Community Facilities Districts
and Assessment District.
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5 Financial Statements for the nine months ended March 31. 2006
RECOMMENDATION:
5.1 Receive and file the Financial Statements for the Nine Months Ended March 31,
2006;
5.2 Approve an increase in operating transfer out of $1,750,000 from Capital Project
Fund to Measure "A" Fund 170 operating transfer in.
6 Basketball Court Construction at Kent Hinteraardt Memorial Park
RECOMMENDATION:
6.1 Adopt a resolution entitled:
RESOLUTION NO. 0642
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING AN AGREEMENT WITH EDGE DEVELOPMENT FOR THE
CONSTRUCTION OF A BASKETBALL COURT AT KENT HINTERGARDT
MEMORIAL PARK
6.2 Approve a contract with Edge Development in the amount of $74,159 + 10%
contingency for the construction of an official size basketball court at Kent
Hintergardt Memorial Park;
6.3 Authorize a transfer of $18,575 from the Community Theater Capital Improvement
Project to the Kent Hintergardt Memorial Park Capital Improvement Project.
7 Aoorove Fire Prevention Outside Plan Check Service Aareements
7.1 Approve a contract with Charles Abbott & Associates for an amount of $75,000;
7.2 Approve a contract with Willdan Serving Public Agencies for an amount of $45,000;
7.3 Approve a contract with Schirmer Engineering for an amount of $55,000.
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5
8 Authorize Tem~orary Street Closure for the Street Paintinq Festival in Old Town (Main Street
between Murrieta Creek and the easterlv terminus of Main Street at Interstate 15)
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 0643
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING THE CLOSURE OF A PORTION OF A MAIN STREET FOR THE
STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO
ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT
9 Temecula Creek Channel. Staae 2: Coooerative Aareement between the Citv of Temecula.
Riverside Countv Flood Control and Water Conservation District. and Butterfield Ranch
Self Storaae. Inc.. within Parcel Mao 33545
RECOMMENDATION:
9.1 Approve Temecula Creek Channel, Stage 2 Cooperative Agreement between the
City of Temecula hereinafter called "City", Riverside County Flood Control and
Water Conservation District hereinafter called "District", and Butterfield Ranch Self
Storage, Inc. hereinafter called "Developer", within Parcel Map 33545;
9.2 Authorize the execution of such agreement in its final form by the Mayor, City
Attorney, Director of Public Works, and City Clerk.
10 Annual Purchase Aareement for FY2006-2007 for the Purchase of Asohalt Products
RECOMMENDATION:
10.1 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 pothole
repairs in the amount of $75,000 and authorize the Mayor to execute the
agreement.
11 Public Works Fiscal Year 2006-2007 Annual Maintenance Contracts
RECOMMENDATION:
11.1 Approve the Annual Maintenance contracts for Fiscal Year 2006-2007:
1. NPG, Inc. (aka Nelson Paving & Sealing)
$ 50,000.00
$ 50,000.00
$ 50,000.00
$ 50,000.00
2. Toran Development & Construction
3. Strong's Painting
4. Tiger Equipment Grading & Excavation
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5. Rizzo Construction $ 50,000.00
6. Pacific Striping, Inc. $100,000.00
7. Becker Engineering $200,000.00
8. Rene's Commercial Management $200,000.00
9. Monteleone Development $200,000.00
10.lmperial Paving Co., Inc. $200,000.00
12 Lot Line Adiustment and Grant Deed Associated with the Old Town Temecula Communitv
Theater - Proiect No. PW02-23
RECOMMENDATION:
12.1 Approve submission of a lot line adjustment between Assessor's Parcel No. 922-
036-035 (Mercantile Building) and Assessor's Parcel No. 922-036-019 (Pottery
Shop) and authorize the City Manager to execute the lot line adjustment application
on behalf of the City;
12.2 Approve the conveyance of a portion of land from Assessor's Parcel No. 922-036-
035 (Mercantile Building) to Assessor's Parcel No. 922-036-019 (Pottery Shop), and
execute the Grant Deed, included as part of the Lot Line Adjustment Package,
conveying land from the City to the EI Rancho Verde Trust (Jack and Wandelea
Green trustees).
13 Prooertv Aareement - Pauba Road Imorovements. Phase II. Proiect No. PWOO-09
RECOMMENDATION:
13.1 Approve the All-Inclusive Settlement and Encroachment Agreement and General
Release ("Agreement") substantially in the form attached hereto in the amount of
$100,000 between the City of Temecula and Mr. and Mrs. Lloyd Knight for the
property located at 31089 Pauba Road.
14 Third Amendment to the Annual Professional Services Aareement for Professional Services
with Cozad & Fox. Inc. for Various Caoitallmorovement Proiects for FY2005-2006
RECOMMENDATION:
14.1 That the City Council approve the Third Amendment to the Annual Professional
Services Agreement with Cozad & Fox, Inc. in the amount of $20,000 to provide as
needed professional services and authorize the Mayor to execute the amendment.
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15 Professional Services Aareement - TY Lin International - Preoaration of Environmental
pocument. Plans. Soecifications. and Estimate Western Bvoass Bridae Over Murrieta
Creek - Proiect No. PW06-04
RECOMMENDATION:
15.1 Approve an agreement with TY L1N International in an amount not to exceed
$344,342 to prepare the Environmental Document, Plans, Specifications, and
Estimate for the Western Bypass Bridge Over Murrieta Creek, Project No. PW06-
04, and authorize the Mayor to execute the agreement;
15.2 Authorize the City Manager to approve extra work authorizations not to exceed the
contingency amount of $34,434.20, which is equal to 10% of the agreement
amount;
15.3 Approve the acceleration of $90,000.00 from the Capital Improvement Budget for
the FY 2006-2007 to the current FY 2005-2006 budget to cover the agreement cost.
16 Librarv Comouter Eauioment Purchase
RECOMMENDATION:
16.1 Authorize the purchase of library computer equipment for the total amount of
$171,627.16 from HP Inc., which includes shipping and applicable sales tax.
17 Aoooint Council Member Edwards to the Riverside Countv Child Safetv Commission (At the
Reauest of Mavor Roberts)
RECOMMENDATION:
17.1 Appoint Council Member Edwards to serve on the Riverside County Child Safety
Commission.
18 Aoorove Citv Banners Exoenditure
RECOMMENDATION:
18.1 Approve the PurchaselReplacement Banner Agreement for $26,000 with Kelley
Display.
MOTION: Council Member Naggar moved to approve the Consent Calendar. Council Member
Edwards seconded the motion and electronic vote reflected unanimous approval.
At 8:09 p.m., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. At 8:13 p.m. the City Council resumed with regular
business.
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RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
31 Develooment Code Amendment - 2006 Clean Uo (PA05-00411.
RECOMMENDATION:
31.1 Introduce and read by title only an ordinance entitled:
Principal Planner Hazen provided a staff report (of written material).
At this time the public hearing was opened and due to no speakers, it was closed.
At this time, City Attorney Thorson introduced and read by title only Ordinance NO.06-06.
MOTION: Council Member Naggar moved to approve staff recommendation. Council Member
Washington seconded the motion and electronic vote reflected unanimous approval.
ORDINANCE NO. 06-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE
TO REVISE THE PUBLIC HEARING AND NOTICING REQUIREMENTS,
RESTRICT CERTAIN LAND USES WITHIN THE NICOLAS VALLEY RURAL
PRESERVATION AREA, REVISE MINIMUM SETBACK REQUIREMENTS IN
RESIDENTIAL ZONING DISTRICTS, REMOVE THE TARGET FLOOR AREA
RATIO FOR HOTEL/MOTEL DEVELOPMENT, UPDATE THE AFFORDABLE
HOUSING DENSITY BONUS REQUIREMENTS, ADD NEW SIGN STANDARDS
FOR EXISTING DEVELOPMENT PROJECTS, AND TO MAKE OTHER MINOR
CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE
DEVELOPMENT CODE (PLANNING APPLICATION PA05-0041)
32 Amendment to the Old Town Soecific Plan - (PA04-0596)
RECOMMENDATION:
32.1 Introduce and read by title only an ordinance entitled:
Principal Planner Brown presented a staff report (of written material).
With regard to residential parking requirements in Old Town, City Manager Nelson stated that
parking requirements for residential uses within mixed-use projects would be met; that mixed-
use projects are becoming an extremely attractive alternative for development in Old Town; and
that this would be a way to mitigate some parking impacts by requiring one parking space per
unit for those projects that would be residential.
At this time, the public hearing was opened.
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A. Mr. Don Aukapente, Temecula, representing Temecula Community Church, thanked the
City Council for adding the Old School House to the historic preservation list, and invited the
public to visit the Old School House.
B. Mr. Roger Epperson, Temecula, stated that the proposed amendment to the Old Town
Specific Plan would fail to set forth a comprehensive parking plan as to how the City of
Temecula would successfully provide adequate public parking for all land uses In Old Town;
that the City must construct an adequate system of public off-street parking facilities that would
serve all businesses; and that the public must see a comprehensive plan not only for the future
Civic Center, but for all of Old Town.
At this time, the public hearing was closed.
At this time, City Attorney Thorson introduced and read by title only Ordinance No. 06-07.
MOTION: Council Member Nagger moved to approve staff recommendation. Council Member
Comerchero seconded the motion and electronic vote reflected unanimous approval.
ORDINANCE NO. 06-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING AN AMENDMENT TO THE OLD TOWN SPECIFIC PLAN (PA04-
0596)
COUNCIL BUSINESS
33 Tobacco Ordinance - Retail Licensina (at the reauest of Mavor Roberts & Mavor Pro Tem
Washinaton1.
RECOMMENDATION:
33.1 Introduce and read by title only an ordinance entitled:
33.2 Povide direction to Staff on other possible smoking and tobacco ordinance
provisions.
At the request of Mayor Roberts and Mayor Pro Tem Washington, Senior Management Analyst
Adams provided a staff report (of record).
Referencing underage smokers, Lieutenant Wait stated that police officers are citing underage
smokers at the Promenade Mall.
At this time, the public hearing was opened and due to no speakers, it was closed.
At this time, City Attorney Thorson introduced and read by title only title Ordinance NO.06-08.
Commending staff for their efforts in formulating the ordinance, the City Council relayed the
importance of the ordinance.
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In response to Council Member Washington's question regarding adopting an ordinance that
would limit smoking areas in senior facilities by creating designated smoking areas, City
Attorney Thorson stated that if it were the desire of the City Council, staff could explore the
possibility of such an ordinance by creating smoking areas in senior facilities.
MOTION: Council Member Naggar moved to approve staff recommendation. Council Member
Washington seconded the motion and electronic vote reflected unanimous approval.
ORDINANCE NO. 06- 08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADDING CHAPTER 5.24 TO THE TEMECULA MUNICIPAL CODE REGARDING
THE LICENSURE OF TOBACCO RETAILERS
34 Overview and Discussion of Police Deoartment Disoatch Svstem
RECOMMENDATION:
34.1 Receive a presentation on the 911 Dispatch System and discuss components of the
system with staff.
Captain Grotefend from the Riverside Police Dispatch Center provided a PowerPoint
Presentation, highlighting on the following:
D Answering Calls
D Radio Dispatchers
D Communication Center Staffing
D Centralized Communication Center
D Colorado Riverside Communication Center
D Goals
D Community Center total call volume and incidents
D Automatic call distributor
D 9-1-1 Calls Countywide, 2000-2005
D Other Emergency Calls
D City of Temecula 9-1-1 Calls 2001-2005
D Temecula Police Department 20069-1-1- Calls
D Implementation of 9-1-1 Cellular for the City of Temecula
D Direct Line Emergency Numbers Cell: 951-776-1078; Landline: 951-684-0911
D Calls for Service and Incidents
D Temecula helpline non-emergency: 951-696-4337
D Call Scenario
D On-Going Solutions
D Our Communication Survey
D What can the City Council do to improve services for their residents
D Our Commitment.
For Council Member Edwards, Captain Grotefend explained how 9-1-1 calls are handled and
dispatched.
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Stressing the importance of increasing public education with regard to emergency calls, Council
Member Edwards requested that staff explore ways to simplify public access to emergency and
non-emergency numbers.
Thanking Captain Grotefend for his PowerPoint Presentation, Council Member Comerchero
provided the emergency number of 951-776-1078 to the public.
Echoing Council Member Edwards' comment regarding the importance of public awareness of
emergency and non-emergency phone numbers, Council Member Naggar requested that staff
create a comprehensive program that will enable the City to adequately inform the public.
City Manager Nelson stated that before the item is reviewed by the City Council, a plan will be
submitted to the Public Traffic Safety Commission for its input.
Captain Grotefend thanked the City Council for allowing him the opportunity to provide the
presentation.
MOTION: Council Member Naggar moved to receive and file this report. Council Member
Edwards seconded the motion and electronic vote reflected unanimous approval.
DEPARTMENTAL REPORTS
35 Public Works Deoartment Monthlv Reoort
36 Buildina and Safetv Deoartment Monthlv Reoort
37 Plannina Deoartment Monthlv Reoort
38 Police Deoartment Monthlv Reoort
39 Economic Develooment Deoartment Monthlv Reoort
40 Citv Council TravellConference Reoort - Aoril 2006
CITY MANAGER'S REPORT
For informational purposes, City Manager Nelson stated that the 66'h Assembly District
Candidate forum that was held Monday, May 22, 2006, will be rebroadcast on Channel 3, at
7:00 p.m., on May 24,2006 and May 31,2006.
CITY ATTORNEY'S REPORT
With regard to Closed Session, City Attorney Thorson advised that was no action to report.
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ADJOURNMENT
At 9:20 p.m., the City Council meeting was formally adjourned to Tuesday, June 13,2006, at
7:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
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13
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
JUNE 13, 2006
The City Council convened its regular meeting at 7:04 P.M., on Tuesday, June 13, 2006, in the
City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California, was convened.
Present:
4
Council Members:
Comerchero, Edwards, Naggar, and Washington
Absent:
1
Council Members:
Roberts
In Mayor Roberts' absence, Mayor Pro Tem Washington presided over the meeting.
PRELUDE MUSIC
The Prelude Music was provided by Temecula Middle School Bobcat Band.
INVOCATION
The invocation was given by City Manager Nelson.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Council Member Edwards.
PRESENTA TIONSIPROCLAMA TIONS
Bicvcle Safetv Poster Contest Winners
Briefly introducing the program, Officer Hughes thanked the City Council for its support of this
program and highlighted the intent to educate the youth of proper bicycle safety.
At this time, Mayor Pro Tem Washington presented a Certificate of Achievement to each of the
30 contest recipients as well as Sergeant Pino and Officer Hughes for their associated efforts
with this program.
Everv 15-Minutes Presentation
Commending Officer Hughes on his efforts associated with the Every 15-Minutes Program
(every 15 minutes someone dies from an alcohol-related crash), Sergeant Pino turned the
presentation over to Officer Hughes who, in turn, provided, by way of a dvd, an overview of this
extremely informative and successful program.
Relaying the benefits of this program, Mr. Tyson Russell of NuVision Productions addressed the
need for every high school student to be given the opportunity to participate or view this
program; therefore, the assistance of NuVision Productions was offered by Mr. Russell to
ensure each high school class will have the opportunity to be favorably impacted by this
program.
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Addressing the importance of continuing this program at all three high schools, Mayor Pro Tem
Washington advised that the City Council will ensure that all the high school students will be
given the opportunity to participatelview this program even with the addition of Great Oak High
School.
Having attended the first Every 15-Minutes Program at Temecula Valley High School, Council
Member Comerchero noted that the effectiveness of this program is not only on the students but
as well on the parents.
With her past experience as a School Board Member, Council Member Edwards confirmed the
positive impacts of this program due to of behavioral changes.
PUBLIC COMMENTS
Mr. Kevin Higgins, Temecula, thanked Senior Management Analyst Adams and Deputy Public
Works Director Parks for their efforts in achieving the residents' goal to pave Liefer Road,
advising that 70% of the neighbors are in agreement with paving Liefer Road. At this time, Mr.
Higgins introduced Mr. Torgen Johnson.
Mr. Torgen Johnson, Solana Beach, Urban Planner, representing the property owners of Liefer
Road, noted that without the paving of Liefer Road, no property owner may obtain a building
permit and, therefore, none of the land is developable.
Mr. Doug Logan, civil engineer, Escondido, recommended a rural design with the creation of
trails and estimated the cost of $850,000 for the completion of the needed improvements.
Mayor Pro Tem Washington advised the public that the City has standards for infrastructure
prior to accepting it into the City system.
Echoing the neighbors' concurrence with paving Liefer Road, Mr. Bill Rench, Temecula,
appealed to the City for its assistance in accomplishing the goal of paving this road.
Ms. Jo Subik, Temecula, relayed her support of paving Liefer Road and requested the City
Council's assistance.
Reiterating his previous comment, Mayor Pro Tem Washington noted that since the Liefer Road
residents were aware of the inadequate infrastructure, it would not now be appropriate to take
taxpayers' dollars and allocate it toward the paving of Liefer Road and, therefore, spoke in
support of an Assessment District to pay for these improvements.
Public Works Director Hughes pointed out that once the roads are built to the City's standard,
the City will then assume the responsibility of the maintenance.
CITY COUNCIL REPORTS
Thanking City staff for its efforts and participation in hosting the Youth in Government Day,
Mayor Pro Tem Washington commented on the success of this program.
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CONSENT CALENDAR
1 Standard Ordinance and Resolution Adootion Procedure
RECOMMENDATION:
1 .1 Motion to waive the reading of text of all ordinances and resolutions included in the
agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of May 9, 2006;
2.2 Approve the minutes of May 17, 2006.
3 Resolution aoorovina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 0644
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 Citv Treasurer's Reoort as of Aoril 30. 2006
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of April 30, 2006.
5 Aooroval of Election Resolutions
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 0645
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO
CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 7,2006
5.2 Adopt a resolution entitled:
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RESOLUTION NO. 0646
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7,2006, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF
THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW
CITIES
6 Librarv Storaae Area Network and Data Backuo Svstem
RECOMMENDATION:
6.1 Authorize the purchase of an HP Storage Area Network (SAN) and Enterprise
Backup System from HP, Inc. for the total amount of $41 ,643.35 which includes
applicable sales tax.
7 Aareement for DUI Drua and Alcohol Screenina
RECOMMENDATION:
7.1 Approve the Professional Services Agreement between the City of Temecula and
Bio-Tox Laboratories for DUI Drug and Alcohol Screening for a total amount of
$35,000.00.
8 Furniture Purchase and Installation at the Old Town Storefront
RECOMMENDATION:
8.1 Approve the Purchase and Installation Agreement with GIM Business Interiors in the
amount of $29,999.00 for new office furniture for the Old Town Storefront office.
9 Police Deoartment FY04 and FY05 Homeland Securitv Grant Additional Fundina
RECOMMENDATION:
9.1 Increase estimated General Fund Grants Revenue by $6,656.46;
9.2 Appropriate $6,656.46 from General Fund Grant Revenue to the Police Department.
10 Aareement for Reoort Transcriotion Services
RECOMMENDATION:
10.1 Approve the Professional Services Agreement between the City of Temecula and
Steno Solutions for Transcription Services for a total amount of $30,000.00.
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11 Authorize Temporarv Street Closure of Old Town Front Street between Moreno Road and
2nd Street: Main Street from Bridae to Old Town Front Street: 2nd Street: 3rd Street: 4th
Street: 5th Street: 6th Street; and Mercedes Street between Moreno Road and 2nd Street
for the "Star Soanaled 4th of Julv Parade" and Deleaate Authoritv to Issue Soecial
EventslStreet Closures Permit to the Director of Public WorkslCitv Enaineer
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 0647
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AUTHORIZING TEMPORARY STREET CLOSURE OF OLD TOWN FRONT
STREET BETWEEN MORENO ROAD AND 2ND STREET; MAIN STREET FROM
THE BRIDGE TO OLD TOWN FRONT STREET; 2ND STREET; 3RD STREET;
4TH STREET; 5TH STREET; 6TH STREET; AND MERCEDES STREET
BETWEEN MORENO ROAD AND 2ND STREET FOR THE "STAR SPANGLED
4TH OF JULY PARADE" AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKSICITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING
STREET CLOSURES
12 Authorize Temoorarv Street Closure of Pauba Road between Maraarita Road and Ynez
Road for the "Julv 4th. 2006 Fireworks Show" and Deleaate Authoritv to Issue Soecial
EventslStreet Closures Permit to Director of Public Works/Citv Enaineer
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 0648
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AUTHORIZING TEMPORARY STREET CLOSURE OF PAUBA ROAD BETWEEN
MARGARITA ROAD AND YNEZ ROAD FOR THE "JULY 4TH, 2006,
FIREWORKS SHOW', AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKSICITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING
STREET CLOSURES
13 Authorize Temoorarv Street Closure of Portions of Main Street and Third Street for the
"Temecula Vallev International Jazz Festival" event scheduled for Julv 7. 8. and 9. 2006
and deleaate Authoritv to Issue a Soecial EventslStreet Closures Permit to the Director of
Public WorkslCitv Enaineer
RECOMMENDATION:
13.1 Adopt a resolution entitled:
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RESOLUTION NO. 0649
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AUTHORIZING TEMPORARY STREET CLOSURE OF PORTIONS OF MAIN
STREET AND THIRD STREET FOR THE "TEMECULA VALLEY
INTERNATIONAL JAZZ FESTIVAL" EVENT SCHEDULED FOR JULY 7TH, 8TH,
AND 9TH, 2006 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKSICITY
ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET
CLOSURES
14 Professional Services Aareements for Real Estate Aooraisal Services for Various Caoital
Imorovement Proiects for FY2006-2007
RECOMMENDATION:
14.1 Approve an agreement with Donahue & Company, Inc. in the amount of $50,000.00
to provide as needed real estate appraisal services;
14.2 Approve an agreement with Lea Associates, Inc. in the amount of $50,000.00 to
provide as needed real estate appraisal services;
14.3 Approve an agreement with Mason & Mason in the amount of $50,000.00 to provide
as needed real estate appraisal services;
14.4 Approve an agreement with Robert Shea Perdue in the amount of $50,000.00 to
provide as needed real estate appraisal services;
14.5 Approve an agreement with Riggs & Riggs, Inc. in the amount of $50,000.00 to
provide as needed real estate appraisal services;
14.6 Authorize the Mayor to execute the agreements.
15 Professional Services Aareements for Geotechnical and Material Testina Services for
various Caoitallmorovement Proiects for Fiscal Year 2006-2007
RECOMMENDATION:
15.1 Approve the agreement with Converse Consultants in the amount of $100,000.00 to
provide as needed geotechnical and materials testing services;
15.2 Approve the agreement with Ninyo & Moore in the amount of $100,000.00 to
provide as needed geotechnical and materials testing services;
15.3 Approve the agreement with Petra Geotechnical, Inc. in the amount of $100,000.00
to provide as needed geotechnical and materials testing services;
15.4 Authorize the Mayor to execute the agreements.
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16 Professional Services Aareements for EnaineerinR and Construction Survev Services for
Various Caoitallmorovement Proiects for Fiscal Year 2006-2007
RECOMMENDATION:
16.1 Approve the agreement with Cozad & Fox, Inc. in the amount of $100,000.00 to
provide as needed engineering and construction survey services;
16.2 Approve the agreement with Nolte Associates, Inc. in the amount of $100,000.00 to
provide as needed engineering and construction survey services;
16.3 Authorize the Mayor to execute the agreements.
17 Annual Purchase Aareement for Citvwide Street Name Sians. for Fiscal Year 2006-2007
RECOMMENDATION:
17.1 Approve an annual agreement with Main Street Signs for the purchase of Citywide
street name signs, traffic control signs, replacements and materials for repairs in the
amount of $60,000.00 for Fiscal Year 2006-2007 and authorize the Mayor to
execute the agreement.
18 Amendment NO.1 to Construction Contract for Fiscal Year 2006-2007 Street Strioina
Proaram - Proiect No. PW05-0f.
RECOMMENDATION:
18.1 Approve Amendment NO.1 to the Construction Contract with Pacific Striping, Inc for
Fiscal Year 2006-2007 Street Striping, Project No. PW05-02 for an amount of
$250,000.00 and authorize the Mayor to execute the amendment.
19 Third Amendment to the Citvwide Tree Trimmina Maintenance Services Contract
RECOMMENDATION:
19.1 Approve the Third Amendment to the Citywide Tree Trimming Maintenance
Services contract to West Coast Arborists, Inc. for $100,000.00 and authorize the
Mayor to execute the amendment;
19.2 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.
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20 Amendment NO.5 for Professional Environmental Enaineerina Services. Pechanaa Parkwav
Phase IIlmorovements. Proiect No. PW99-11
RECOMMENDATION:
20.1 Approve Amendment NO.5 to the agreement with Michael Brandman Associates to
provide professional environmental services for the Pechanga Parkway Phase II
Improvements, Project No. PW99-11, for an amount not to exceed $7,500.00 and
authorize the Mayor to execute the agreement.
21 A<;Ireement for Telecommunication Facilities Aoolication Review Consultina Services with
Kramer. Firm. Inc.
RECOMMENDATION:
21.1 Approve a contract with Kramer. Firm, Inc. for telecommunication application review
services in the amount not to exceed $30,000.00.
22 Aareement for Architectural Consultina Services with Roaer Cantrell
RECOMMENDATION:
22.1 Approve a contract with Roger Cantrell for architectural plan review services in the
amount of $120,000.00.
23 Aooroval of Fourth Amendment for License Aareement with Temeka Advertisina
RECOMMENDATION:
23.1 Approve the Fourth Amendment to the existing License Agreement between the
City of Temecula and Temeka Advertising, Inc. to increase the per panel charge
and consideration to the City for the administration, marketing and installation of the
City's "Kiosk" sign program.
24 Fourth Amendment to the Aareement with CR&R. Incoroorated
RECOMMENDATION:
24.1 Adopt a resolution entitled:
RESOLUTION NO. 06-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING AMENDMENT NO.4 TO THE AGREEMENT BETWEEN THE CITY
OF TEMECULA AND C R & R INCORPORATED, FOR THE COLLECTION,
TRANSPORTATION, RECYCLING, COMPOSTING, AND DISPOSAL OF SOLID
WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING TEMPORARY
BINIROLLOFF SERVICES
R:\Minutes\061306
8
25 Second Readina of Ordinance No. 06-06
RECOMMENDATION:
25.1 Adopt an Ordinance entitled:
ORDINANCE NO. 06-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE
TO REVISE THE PUBLIC HEARING AND NOTICING REQUIREMENTS,
RESTRICT CERTAIN LAND USES WITHIN THE NICOLAS VALLEY RURAL
PRESERVATION AREA, REVISE MINIMUM SETBACK REQUIREMENTS IN
RESIDENTIAL ZONING DISTRICTS, REMOVE THE TARGET FLOOR AREA
RATIO FOR HOTEL/MOTEL DEVELOPMENT, UPDATE THE AFFORDABLE
HOUSING DENSITY BONUS REQUIREMENTS, ADD NEW SIGN STANDARDS
FOR EXISTING DEVELOPMENT PROJECTS, AND TO MAKE OTHER MINOR
CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE
DEVELOPMENT CODE (PLANNING APPLICATION PA05-0041)
26 Second Readina of Ordinance No. 06-07
RECOMMENDATION:
26.1 Adopt an Ordinance entitled:
ORDINANCE NO. 06-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING AN AMENDMENT TO THE OLD TOWN SPECIFIC PLAN (PA04-
0596)
27 Second Readina of Ordinance No. 06-08
RECOMMENDATION:
27.1 Adopt an Ordinance Entitled:
ORDINANCE NO. 06-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADDING CHAPTER 5.24 TO THE TEMECULA MUNICIPAL CODE REGARDING
THE LICENSURE OF TOBACCO RETAILERS
MOTION: Council Member Edwards moved to approve Consent Calendar Item Nos. 1-27.
Council Member Comerchero seconded the motion and the electronic vote reflected approval
with the exceotion of Mayor Roberts who was absent.
R:\Minutes\061306
9
At 7:57 P.M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. At 9:57 P.M., the City Council resumed with regular
business.
COUNCIL BUSINESS
41 Review and Adootion of the FY2006-2007 Annual Ooeratina Budaet
41.1 Adopt a resolution entitled:
RESOLUTION NO. 06-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADOPTING THE FY 2006-07 ANNUAL OPERATING BUDGET AND
ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS
41.2 Adopt a resolution entitled:
RESOLUTION NO. 06-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
REVISING THE SCHEDULE OF AUTHORIZED POSITIONS
41.3 Adopt a resolution entitled:
RESOLUTION NO. 06-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING THE APPROPRIATIONS LIMIT FOR FR 2006-07
As presented to the City Council at its May 17, 2006, Budget Workshop, City Manager Nelson
reviewed the staff report (as per agenda material), clarifying the proposed $61.4 million budget
which reflects a 6.5% increase.
Council Member Edwards expressed her support for the contract services with Riverside County
Sheriff.
Appreciating City Manager Nelson's efforts with regard to the Council's direction to increase the
police officer ratio, Council Member Naggar thanked him and his staff. Mr. Naggar as well
relayed his support and appreciation for efforts undertaken to achieve the increased staffing
level for firefighters. In closing, Mr. Naggar noted that 11 % of the City's Operating Budget will
directly benefit the citizens by way of services.
Echoing Council Member Naggar's comments with regard to the budget, Council Member
Comerchero commended staff on a job well done.
Relaying his support as well for the increased staffing for the firefighters as well as the
increased police officer ratio, Mayor Pro Tem Washington noted that the City's administrative
cost equates to 11 % of the budget; expressed his support of the proposed budget; advised that
50% of the budget is derived from sales tax revenue; and noted that 10% of the budget is
derived from property taxes.
R:\Minutes\061306
10
MOTION: Council Member Comerchero moved to approve staff recommendation. The motion
was seconded by Council Member Edwards and electronic vote reflected approval with the
exceotion of Mayor Roberts who was absent.
42 Review and Adootion of the FY 2007-11 Caoitallmorovement Proaram
RECOMMENDATION:
42.1 Adopt a resolution entitled:
RESOLUTION NO. 06-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2007-11 AND
ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2006-07
As was presented at the Budget Workshop on May 17, 2006, City Manager Nelson reviewed the
City's Capital Improvement Program (as per agenda material), advising that $3.0+ million in
projects have been funded over the next five years.
In response to Council Member Comerchero's comments, Council Member Naggar noted that
he would not view a restroom as an amenity and would not like the issue of a restroom to be
politicized; although he would support Redhawk community input as to the expenditure of the
$700,000 for park improvements, he suggested that the City fund the construction of the
restroom.
Community Services Director Parker noted that the construction cost of the restroom would be
approximately $150,000 to $200,000 but that the unknown cost at this time would be for sewer.
Council Member Naggar reiterated his desire to construct a restroom at the Redhawk
Community park and favored funding it either by way of the $700,000 or through the City's
General Fund over a two-year period.
Not disagreeing with the construction of a restroom, Council Member Comerchero expressed
his desire to preserve the $700,000 for park improvements; requested that a construction cost
be determined; and recommended that the restroom construction possibly be funded through
the General Fund.
Although understanding Council Member Comerchero's concern with funding, Mayor Pro Tem
Washington, echoed by Council Member Edwards, concurred with Council Member Naggar that
the need for a restroom in this park or any park is necessary and should not be viewed in the
same fashion as an amenity. Having visited the roller hockey facility and having spoken to the
users of this facility, Mr. Washington advised that the facility is viewed as inadequate and,
therefore, it does not attract visitors from our community or others and requested that this matter
be addressed.
Noting that $150,000 has been allocated in the budget toward roller hockey improvements,
Community Services Director Parker advised that the intent would be to utilize some of those
funds for the resurfacing of the rink as well as replacing the dasher board system, kick plates,
R:\Minutes\061306
11
and exploring the possibility of installing a roof structure with lights, noting that such action could
cost approximately $450,000 to $600,000.
MOTION: Council Member Comerchero moved to approve staff recommendation. The motion
was seconded by Council Member Edwards and electronic vote reflected approval with the
exceotion of Mayor Roberts who was absent.
43 A~ooint Two Members of the Citv Council to Serve On An Ad-Hoc Subcommittee to Discuss
the Santiaao & Ynez Prooertv
RECOMMENDATION:
43.1 Appoint two members of the City Council to serve on an Ad-Hoc Subcommittee to
discuss the potential for a passive park site at Santiago and Ynez.
MOTION: Council Member Comerchero moved to appoint Council Member Edwards and
Mayor Roberts. The motion was seconded by Council Member Naggar and electronic vote
reflected approval with the exceotion of Mayor Roberts who was absent.
44 Plannina Commission Aooointments
RECOMMENDATION:
44.1 Appoint two applicants to serve full three-year terms on the Planning Commission
through June 15, 2009.
As always, Council Member Naggar commented the excellent choice of applications but
addressed the need for consistency in light of recently newly appointed Commissioners and,
therefore, recommended the reappointment of the incumbents.
Commending Ms. Fox on a job well done, Council Member Edwards expressed her desire to
retain current Community Services Commissioner Fox on the Community Services Commission.
MOTION: Council Member Comerchero moved to reappoint Commissioners Chiniaeff and
Guerriero. The motion was seconded by Council Member Edwards and electronic vote
reflected approval with the exceotion of Mayor Roberts who was absent.
CITY MANAGER'S REPORT
No additional comment.
CITY ATTORNEY'S REPORT
There being no Closed Session, City Attorney Thorson advised that he had no action items to
report.
R:\Minutes\061306
12
ADJOURNMENT
At 10:32 P.M., the City Council meeting was formally adjourned to Tuesday, June 27, 2006, at
5:30 P.M., for a Closed Session with the regular session commencing at 7:00 P.M., in the City
Council Chambers, 43200 Business Park Drive, Temecula, California.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
R:\Minutes\061306
13
I~-- .
,
II
ITEM NO.3
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
V
CI?.
98
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Genie Roberts, Director of Finance
DATE:
June 27, 2006
SUBJECT:
List of Demands
PREPARED BY:
Pascale Brown, Senior Accountant
Reta Weston, Accounting Specialist
Jada Yonker, Accounting Specialist
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, ALLOWING CERTAIN CLAIMS
AND DEMANDS AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review and
approval by the City Council on a routine basis at each City Council meeting. The attached claims
represent the paid claims and demands since the last City Council meeting.
FISCAL IMPACT: All claims and demands were paid from appropriated funds or
authorized resources of the City and have been recorded in accordance with the City's policies and
procedures.
ATTACHMENTS:
Resolution and List of Demands
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
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 reviewed by the City Manager's Office, and that the same
are hereby allowed in the amount of $6,288,106.52
Section 2.
The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 27 day of June , 2006.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 06- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 27 day of June, 2006, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
CITY OF TEMECULA
LIST OF DEMANDS
06/08/2006 TOTAL CHECK RUN: $ 2,233,204.13
06/15/2006 TOTAL CHECK RUN: 3,626,899.30
06/15/2006 TOTAL PAYROLL RUN: 428,003.09
TOTAL LIST OF DEMANDS FOR 06/27/06 COUNCIL MEETING: $ 6,288,106.52
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL FUND $ 1,425,949.62
165 RDA LOW /MOD - 20% SET ASIDE 1,366,824.26
190 TEMECULA COMMUNITY SERVICES DISTRICT 232,244.17
192 TCSD SERVICE LEVEL B 105.57
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 74,456.90
194 TCSD SERVICE LEVEL D 733.73
196 TCSD SERVICE LEVEL "L" LAKEPARKMAINT. 7,368.51
210 CAPITAL IMPROVEMENT PROJECTS FUND 1,155,338.34
280 REDEVELOPMENT AGENCY - CIP PROJECT 12,146.67
300 INSURANCE FUND 1,577.40
310 VEHICLES FUND 67,816.25
320 INFORMATION SYSTEMS 33,648.40
330 SUPPORT SERVICES 1,511.13
340 FACILITIES 18,918.31
460 CFD 88-12 DEBT SERVICE FUND 292.50
470 CFD 98-1 DEBT SERVICE FUND 361,306.00
473 CFD 03-1 CROWNEHILLDEBT SERVICE FUND 492,004.46
474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 53,255.65
475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 437,013.26
476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 117 ,592.30
$ 5,860,103.43
001 GENERAL FUND $ 285,766.15
165 RDA LOW /MOD - 20% SET ASIDE 5,497.28
190 TEMECULA COMMUNITY SERVICES DISTRICT 92,914.02
192 TCSD SERVICE LEVEL B 110.46
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,191.74
194 TCSD SERVICE LEVEL D 819.63
196 TCSD SERVICE LEVEL "L" LAKEPARKMAINT. 553.33
280 REDEVELOPMENT AGENCY - CIP PROJECT 2,586.24
300 INSURANCE FUND 1,183.56
320 INFORMATION SYSTEMS 22,99101
330 SUPPORT SERVICES 3,557.61
340 FACILITIES 6,832.06
428,003.09
TOTAL BY FUND: $ 6,288,106.52
apChkLst Final Check List Page: 1
06/0812006 4:09:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
696 06/05/2006 005460 U S BANK 05/06 SS#2 remittance for CFD's 1,461,171.67 1,461,171.67
107991 06/07/2006 010040 KNIGHT, MR. & MRS. LLOYD Encroachment & all Inclusive settlement 100,000.00 100,000.00
107992 06/0812006 009604 12MILESOUT.COM 3/21-5/23 Internet Video Council Mtg 3,000.00 3,000.00
107993 06/0812006 004594 2 HOT ACTIVEWEAR Staff uniform shirt: Fire Prevo 28.02 28.02
107994 06/0812006 002038 ACTION POOL & SPA SUPPLY Pool sanitizing chemicals 25.85 25.85
107995 06/0812006 004765 ACTIVE NETWORK INC, THE Refund:Heather Martinez: CPR/First Aid 60.00
Refund:Nicole Brady: CPR/First Aid 60.00
Refund:Alissa Rauton: Ctry Wstrn Dance 30.00
Refund:Diane Rauton: CtryWstrn Dance 30.00 180.00
107996 06/0812006 004064 ADELPHIA Jun high speed internet svcs CW 55.95
Jun high speed internet svcs TT 46.95 102.90
107997 06/0812006 008552 ADKINS DESIGN CONSULTING Community Theater logo designs 1,259.30 1,259.30
107998 06/0812006 000106 ALFAX WHOLESALE FURNITURE 20-Folding Chairs @ CRC 1,200.70 1 ,200.70
107999 06/0812006 004240 AMERICAN FORENSIC NURSES Apr Dui Drug & Alcohol Screening 560.00
Apr-May DUI Drug & Alcohol Screening 236.00 796.00
108000 06/0812006 000936 AMERICAN RED CROSS Lifeguard training supplies:Aquatics 945.00 945.00
108001 06/0812006 008279 AMERICOMP IN FOSYSTEMS INC Computer Supplies: ATX PVvTsupply 107.75 107.75
108002 06/0812006 000101 APPLE ON E INC Temp help PPE 5/20 Kasparian 655.20
Temp help PPE 5/20 Palpallatoc 546.00
Temp help PPE 5/20 Villavicencio 285.38 1,486.58
108003 06/0812006 004623 AQUA TECH ENTERPRISES Acu-check 3 pool tester:Aquatic 1,096.67 1,096.67
Page:1
apChkLst Final Check List Page: 2
06/0812006 4:09:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108004 06/0812006 001323 ARROWHEAD WATER INC Bottled wtr svcs @ City Hall 338.22
Bottled wtr svcs @ Mntc Fac 231.83
Bottled wtr svcs @ City Hall 39.86
Bottled wtr svcs @ C.Museum 32.65
Bottled wtr svcs @ Skate Park 11.84
Bottled wtr svcs @ TCC 10.95 665.35
108005 06/0812006 003203 ARTISTIC EMBROIDERY TCSD mntc staff uniforms w/logo 1,906.10 1,906.10
108006 06/0812006 002648 AUTO CLUB OF SOUTHERN Membership: Heida Osvold 77080614 47.00 47.00
CALIF
108007 06/0812006 003814 BALLREICH, MICHAELA Reimb: IIMC Ann'l Conf:5/15-17/06 43.09 43.09
108008 06/0812006 005709 BAMM PROMOTIONAL Summer Day Camp T-shirts 1,907.18 1,907.18
PRODUCTS
108009 06/0812006 009977 BEAR VALLEY RANCH MARKET Refrshmnts:Every 15 min prgm 2,107.99 2,107.99
108010 06/0812006 002541 BECKER CONSTRUCTION SRVS Erosion Repairs:Calle De Vallardo 11,840.00
INC
Citywide A.C. Saw cutting svcs 6,825.00 18,665.00
108011 06/0812006 006536 BOLOWICH, HANS Reimb: Special Event supplies 92.88 92.88
108012 06/0812006 010050 BOWEN, TRISHIA LOS Church settlement agreement wIRes. 1,500.00 1,500.00
108013 06/0812006 004038 CAD ZONE INC, THE Upgrade Fire Zone software 1,902.00 1,902.00
108014 06/0812006 005384 CALIF BAGEL BAKERY & DELI Refrshmnts:Budget Mtg 3/1/06 281 .77
Refrshmnts: Council Closed Session 210.11
Refrshmnts:Every 15 min prgm 150.00
Refrshmnts:Yucca Vly Prk Comm Tour 145.46
Refrshmnts:Business Mtg @Theater 121.76
Refrshmnts:State RDA Dir.Presentation 102.36 1,011.46
108015 06/0812006 001054 CALIF BUILDING OFFICIALS Regist:Ed Week:6/6-7:San Diego 155.00 155.00
108016 06/0812006 004941 CALIF CHAPTER AMERICAN Online job ads:Sr. & Assist Planner 225.00
Online job ads:Sr. & Assist Planner 200.00 425.00
108017 06/0812006 002520 CALIF T'S SCREEN PRINTING PW Mntc Crews uniformslhats 1,265.52 1,265.52
108018 06/0812006 004228 CAMERON WELDING SUPPLY Helium tanks refill/rental: TCC 39.48 39.48
Page2
apChkLst Final Check List Page: 3
06/0812006 4:09:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108019 06/0812006 004971 CANON FINANCIAL SERVICES, Jun Copier Lease:T.Museum/Frnt Rec. 203.58 203.58
INC
108020 06/0812006 010052 CEJA, JOSE & BETH LOS Church settlement agreement wIRes. 1,500.00 1,500.00
108021 06/0812006 009539 CHARLES ABBOTT ASSOCIATES Apr Plan Check Svcs: Fire Prev. 9,763.00 9,763.00
INC
108022 06/0812006 003021 CINGULAR WIRELESS 4/17-5/16 Ericsson Data Cards 265.58 265.58
108023 06/0812006 005417 CINTAS FIRST AID & SAFETY First aid supplies: City Hall 219.24
Reverse credit memo-rec'd credit inv. 195.73
credit: 2-first aid cabinets -130.49 284.48
108024 06/0812006 004210 CIRCUIT CrTY Elect equip:stageldressing rooms 221.83 221.83
108025 06/0812006 007854 CLARY, JOHN Reimb:So Cal EMS Cf:5/1D-12106 162.51 162.51
108026 06/0812006 003997 COAST RECREATION INC Misc. tools & supplies:TCSD mntc 633.90 633.90
108027 06/0812006 002756 COMPLETE EMBROIDERY Police Embroider Logo On Flexfit Caps 2,155.00 2,155.00
DESIGNS
108028 06/0812006 000442 COMPUTER ALERT SYSTEMS security/fire alarm monitoring: PO 46.58 46.58
108029 06/0812006 000447 COMTRONIX OF HEMET Repair PI/V mntc mobile radios 2,831.20 2,831.20
108030 06/0812006 002945 CONSOLIDATED ELECTRICAL Park repair parts:AAC Clamp 145.71 145.71
DIST
108031 06/0812006 001264 COSTCO WHOLESALE Supplies & Refrshmnts:Artist Hospitality 127.87 127.87
108032 06/0812006 006954 CRAFTSMEN PLUMBING & HVAC Plumbing repairs @ Fire Stn 84 785.96 785.96
108033 06/0812006 004123 D L PHARES & ASSOCIATES June Police Old Town Storefront lease 2,402.57 2.402.57
108034 06/0812006 004194 D L T SOLUTIONS INC Computer Supplies: Exchg/SQL NT Tier A 3,766.50 3,766.50
Page:3
apChkLst Final Check List Page: 4
06/0812006 4:09:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108035 06/0812006 003945 DIAMOND ENVIRONMENTAL Portable Restroom: Veterans Park 57.98
SRVCS
Portable Restroom: Vail Ranch Park 57.98
Portable Restroom: Riverton Park 57.98
Portable Restroom: Lng Cnyn Prk 57.98 231.92
108036 06/0812006 010048 DOHRMANN, RYAN LOS Church settlement agreement wIRes. 1,500.00 1,500.00
108037 06/0812006 003317 DOMENOE, CHERYL Reimb: IIMC Ann'l Conf:5/15-18/06 26.14 26.14
108038 06/0812006 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSO 1,838.91
INC
Fuel for City vehicles: PW Mntc 1,664.06
Fuel for City vehicles: PW/Eng 693.55
Fuel for City vehicles: Bldg&Safety 649.05
Fuel for City vehicles:Plan/Police 299.95
Fuel for City vehicles: CIP 173.76
Fuel for City vehicles: Code Enforce 162.03
Fuel for City vehicles: CityVanfTralbzr 148.56
Fuel for City vehicles: Trffc 32.30 5,662.17
108039 06/0812006 003754 DOWNTOWN 1 yr Subscription:Prom. Reporter Nwsltr 196.50 196.50
108040 06/0812006 001669 DUNN EDWARDS CORPORATION Supplies for graffiti removal 401.59
Supplies for graffiti removal 80.35 481.94
108041 06/0812006 008704 EDVVARDS,MARYANN Reimb: NLC Human Oev:5/17-21/06 363.39 363.39
108042 06/0812006 010051 ELLIOTT, KENNY & JENNY LOS Church settlement agreement wIRes. 1,500.00 1,500.00
108043 06/0812006 005184 ESTRADA, HORTENCIA Refund: Security Oepst: CRC 400.00 400.00
108044 06/0812006 009535 EUROPEAN DELI Refrshmnts: Gallery show @ the Merc 501.04 501.04
108045 06/0812006 001056 EXCEL LANDSCAPE Aprilldscp mntc: Sport Parks 42,912.29
Aprilldscp mntc: South Slopes 32,834.98
Aprilldscp mntc: North Slopes 24,155.34
Aprilldscp mntc: Medians 9,735.12
Aprilldscp mntc: City's Facl CRC 7,779.64
Apr Idscp impr: Irrigation repairs 1,257.97
Apr Idscp impr: Overland 213.35
Credit: Miscalculated svcs order 8144 -5.00 118,883.69
Page:4
apChkLst Final Check List Page: 5
06/0812006 4:09:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108046 06/0812006 000165 FEDERAL EXPRESS INC 5/11-16 Express mail services 357.20
5/3-9 Express mail services 218.53
5/24-30 Express mail services 79.25
5/17-19 Express mail services 79.11 734.09
108047 06/0812006 000206 FEDEX KINKOS INC CRC Teen cards 46.34 46.34
108048 06/0812006 000166 FIRST AMERICAN TITLE Lot Book Report: Bacopulos 75.00
COMPANY
Lot Book Report: Lastra 75.00
Lot Book Report: Zeal 75.00 225.00
PageS
apChkLst Final Check List Page: 6
06/0812006 4:09:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108049 06/0812006 003347 FIRST BANKCARD CENTER
007987 WALMART H P Digital Cameras for TCSD Mntc Crew 818.90
007291 TONY ROMAS AE Refshmnts: B&S Team Bldg Mtg 607.32
005750 IRON WOK CHINA BISTRO H P Refrshmnts: Theater Special Event 431.00
000198 INTL COUNCIL ON SHOPPING DU RegistlMb:ICC Sprg Conf:5/21-24 395.00
002519 LAB SAFETY SUPPLY INC AE B&S inspector safety vest 377.45
001060 HYATT JC Htl:NLC Comm/Eco Dev:5/18-21 327.27
002283 EMBASSY SUITES HOTEL JC Airiare:ICC Sprg Conf:5/21-24 324.82
007380 QUIZNO'S CORPORATION GY Refrshmnts:Business Mtg 302.20
007594 EXPEDIA.COM HP Htl:SCAN NATOA Cf:5/11 :PR/BS 299.30
006952 PA YPAL HP RegistSCAN NATOA Cf:PR/BS:5/11 274.00
008540 WEBER BBQ HP C.Museum exhibit repair parts 266.00
000305 TARGET BANK BUS CARD SRVCS GY Elect. equip for Council Cf Room 255.81
001264 COSTCO WHOLESALE DU Office supplies:Planning Dept 252.77
000747 AMERICAN PLANNING GY APA online ad:Assoc Planner 251.00
ASSOCIATION
010030 OLIVERA'S COFFEE AN D JUICE H P Refrshmnts: Theater Special Event 241.80
008707 BOXWOOD TECHNOLOGY GY ASCE online ad:Sr. Engineer 200.00
002283 EMBASSY SUITES HOTEL GT Htl:ICC Sprg Conf:5/21-24 162.41
004441 SIEGEL DISPLAY PRODUCTS INC AE Office Supplies:Space Saver 159.95
007409 OLD TOWN DINING LLC GT Refshmnts:Old Twn Devel Mtg 143.26
010032 HILGARD HOUSE GR Htl:Mello-Roos guest speaker:4/28 141.35
004808 DINE IN DELIVERY GY Refrshmnts:Business Mtg 98.76
007023 HUNGRY HUNTER DU Refshmnts:Planning Comm. Mtg 88.00
007023 HUNGRY HUNTER DU Refshmnts:Planning Comm. Mtg 83.69
010033 PRESIDENT'S VOLUNTEER SVC GR President's Volunteer AVvTds fees:PD 77.00
AWRD
002534 CATERERS CAFE GR Refshmnts:Budget Wrkg Lunch 61.83
006937 SOUTHWEST AIRLINES JC Airiare:ICC Sprg Conf:5/21-24 61.00
009720 STARBUCKS CORPORATION AE Refshmnts: B&S Team Bldg Mtg 60.15
007028 AMERICAN AIRLINES JC Airiare:ICSC Conf:5/20-22/06 60.00
Page:6
apChkLst Final Check List Page: 7
06/0812006 4:09:21 PM CITY OF TEMECUlA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
010031 STRATOSPHERE HOTEL GR Htl:Crime Prevo Trng:7/19-21 :Maynard 42.51
010034 BAHAMA BREEZE GT Meal:ICC Sprg Conf:5/21-24 32.96
008736 SU BWA Y GY Refrshmnts:Business Mtg 20.62
006942 ONTARIO AIRPORT GT Prkg:ICC Sprg Conf:5/21-24 16.37 6,934.50
108050 06/0812006 009632 FOG COAT CORPORATION Res Imp Prgm: Murphy, Sean & Shannon 2,125.00 2,125.00
108051 06/0812006 000170 FRANKLIN QUEST COMPANY INC Day timer supplies - Planning 224.05 224.05
108052 06/0812006 007866 G C S SUPPLIES INC Printer toner supplies:Citywide 344.28 344.28
108053 06/0812006 007279 GAil MATERIALS INC Infield Mix: Temeku Hills Prk 1,278.03
Infield Mix: Temeku Hills Prk 424.88 1,702.91
108054 06/0812006 010045 GilPIN, BRADLEY Refund: Picnic Shelter-Pala Park 150.00 150.00
108055 06/0812006 009094 GLEN EAGLES CORPORATION Res Imp Prgm: Vidal, Susan 1,725.00 1,725.00
108056 06/0812006 000177 GlENNIES OFFICE PRODUCTS Office Supplies: Info Sys - GIS 2,034.77
INC
Office Supplies:Fire Dept 1,662.26
Office Supplies: Planning 1,135.73
Office supplies: PW- CIP 948.25
Office Supplies: Finance 651.39
Office Supplies: Theater 642.21
Office Supplies: City Council 161.77
Office Supplies: Bldg & Safety 156.72
Office Supplies: FIT Prgm 134.80
Office Supplies:RDA-Low/l'v1od 76.39 7,604.29
108057 06/0812006 003792 GRAINGER Various theater shop supplies 1,956.63
Misc tools & safety equip:Theater 215.28 2,171.91
108058 06/0812006 005157 GUERRIERO, RON Reimb: APA Conf:4/21-26:San Antonio 775.18 775.18
108059 06/0812006 009962 GUN DOG SUPPLY 2-Dog Remote Trainer:Police 267.99 267.99
108060 06/0812006 004053 HABITAT WEST INC Restoration Svcs:Lng Cnyn Basin 2,300.00
May Biological Svcs:Lng Cnyn Basin 216.67 2,516.67
Page:?
apChkLst Final Check List Page: 8
06/0812006 4:09:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108061 06/0812006 000186 HANKS HARDWARE INC Hardware supplies: PW Inspectors 433.42
Hardware supplies: Aquatics 195.46
Hardware supplies: PW St. Mntc 143.19
Hardware supplies: City Hall 49.30
Hardware supplies: Harveston Prk 39.05
Hardware Supplies: Bldg & Safety 19.38
Hardware supplies: TCC -1.24 878.56
108062 06/0812006 001135 HEALTH POINTE MEDICAL First aid care for Employee 211.25
GROUP INC
Apr Pre-employment physicals 50.00
Apr Pre-employment physicals 45.00
Apr Pre-employment physicals 25.00 331.25
108063 06/0812006 010044 HEALTHY MGT DIABETES Refund:Security DeptlRoom rental-CRC 304.00 304.00
EDUCATION
108064 06/0812006 003198 HOME DEPOT, THE Hardware supplies: PW Mntc 2,543.82
Blinds & Misc supplies:PD mall 420.68
Hardware supplies: TCSD 231.62
Credit: Returned merchandise -230.58 2,965.54
108065 06/0812006 001123 INDUSTRIAL DISTRIBUTION PW Mntc supplies:Degreaser 259.44 259.44
GROUP
108066 06/0812006 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals 773.22
INC
Pool sanitizing chemicals 330.90
Pool sanitizing chemicals 134.80 1,238.92
108067 06/0812006 001186 IRWIN, JOHN TCSD instructor earnings 58.80 58.80
108068 06/0812006 004884 J & W REDWOOD LUMBER CO Lumber supplies for Old Town repairs 360.77
INC
Lumber supplies for Old Town repairs 48.53 409.30
108069 06/0812006 000203 JOBS AVAILABLE INC Recruitment ads:Planners 173.40 173.40
108070 06/0812006 002575 JONES, SUSAN W Reimb: Refrshmnts for Team Bldg 192.94
Reimb: IIMC Ann'l Conf:5/14-18/06 21.00 213.94
108071 06/0812006 010038 KALE, MELANIE D. Refund: Picnic Shelter-Pala Prk 150.00 150.00
108072 06/0812006 001091 KEYSER MARSTON ASSOCIATES May affordable housing svcs 7,311.24
INC
May Real Estate Econ Svcs 3,059.38 10,370.62
108073 06/0812006 002789 KIMCO STAFFING SERVICES INC Temp help PPE 5/14 Bagdasarian 893.20
Temp help PPE 5/21 Bagdasarian 462.55
Temp help PPE 5/21 Banda 446.60 1,802.35
Page:8
apChkLst Final Check List Page: 9
06/0812006 4:09:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108074 06/0812006 001282 KNORR SYSTEMS INC Aquatic - Pool Mntc supplies 128.14 128.14
108075 06/0812006 010049 KORN, DAVE & BOBBY LOS Church settlement agreement wIRes. 1,500.00 1,500.00
108076 06/0812006 002519 LAB SAFETY SUPPLY INC PW Safety supplies: Scrpr/Brush 57.20 57.20
108077 06/0812006 010039 LAKE VILLAGE ASSOCIATION Refund: Security Oespt:CRC 150.00 150.00
(347)
108078 06/0812006 000482 LEIGHTON CONSULTING INC Feb-May Geotech: Educ Cntr Grading 10,400.00 10,400.00
108079 06/0812006 010053 LEITZKE, DON & DEBBIE LOS Church settlement agreement wIRes. 1 ,SOD. 00 1,500.00
108080 06/0812006 000586 LEXISNEXIS MATTHEW BENDER Municipal Code Codification svcs 839.14 839.14
108081 06/0812006 003726 LIFE ASSIST INC May Paramedic Medical Supplies 202.21 202.21
108082 06/0812006 004135 LOGIC COMPUTER PRODUCTS IS supplies:36- Tapes/3-Clean Cartridges 2,476.42
IS Supplies:Cleaning Cartridge SOL T 92.01 2,568.43
108083 06/0812006 010047 LONGO, STEPHEN & REBECCA LOS Church settlement agreement wIRes. 1,500.00 1,500.00
108084 06/0812006 010042 MACKEY, LAMISHA refund:picnic shelter/R.R.Sprts Prk 55.00 55.00
108085 06/0812006 004141 MAINTEX INC Custodial Supplies: City Hall 680.66
custodial supplies: CRC 416.26
custodial supplies: Maint Fac 381.79
custodial supplies: TCC 238.83 1,717.54
108086 06/0812006 004068 MANALlLI, AILEEN TCSO Instructor Earnings 285.25
TCSO Instructor Earnings 260.75
TCSO Instructor Earnings 185.50
TCSO Instructor Earnings 140.00
TCSO Instructor Earnings 94.50
TCSO Instructor Earnings 49.00
TCSO Instructor Earnings 28.00
TCSO Instructor Earnings 21.00
TCSO Instructor Earnings 10.50
TCSO Instructor Earnings 10.50 1,085.00
108087 06/0812006 001967 MANPOWER TEMPORARY temp help wle 05/28 Hoof/Oankworth 1,350.28
SERVICES
temp help wle OS/21 Hoof/Oankworth 1,220.64 2,570.92
Page:9
apChkLst Final Check List Page: 10
06/0812006 4:09:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108088 06/0812006 000217 MARGARITA OFFICIALS ASSN May softball officiating svcs:TCSD rec 3,870.00 3,870.00
108089 06/0812006 004307 MARINE BIOCHEMISTS May maint:Harveston Lake/Duck Pond 4,855.00 4,855.00
108090 06/0812006 007669 MILES, KATRINA TCSD Instructor Earnings 227.50 227.50
108091 06/0812006 008091 MILLMORE'S WAA CREW City vehicles detailing svcs: PW Depts 125.00
City vehicles detailing svcs: PW Depts 75.00
City vehicles detailing svcs: TCSD 25.00
City vehicles detailing svcs: Planning 22.00
credit: overcharged on inV#2807/Pln -2.00 245.00
108092 06/0812006 004534 MOBILE SATELLITE VENTURES Jun EOC Stn Satellite Phone Svcs 72.02 72.02
LP
108093 06/0812006 000883 MONTELEONE EXCAVATING removal of silt from Via Lobos Chnl 25,410.00 25,410.00
108094 06/0812006 000437 MORELAND & ASSOCIATES Govt Acct tm: J.Yonker 6/22106 135.00 135.00
108095 06/0812006 001214 MORNINGSTAR PRODUCTIONS, equip rental/srvcs:Every 15 Min Prgm 1,769.38 1,769.38
LLC
108096 06/0812006 007011 MORRIS MYERS MAINTENANCE May Janitorial Srvcs:Park Restrooms 4,339.50 4,339.50
108097 06/0812006 000727 NATIONAL FIRE PROTECTION web base subscr: 2402378 Fire Prev 675.00 675.00
ASSN
108098 06/0812006 000233 NELSON, SHAWN reimb: May internet svcs 44.95 44.95
108099 06/0812006 002037 NEXUS INTEGRATION SERVICES Cabling Svc For Police Mall Stn 373.85 373.85
108100 06/0812006 002898 NIXON EGLI EQUIPMENT parts for asphalt patch truck: PW 913.36 913.36
COMPANY
108101 06/0812006 009570 o C B REPROGRAPHICS dupl.blueprints: RV.Sidewalk Prjt 209.47
Dupl.Blurprints:Rdhwk Pkwy/Pprcom 90.51 299.98
108102 06/0812006 003382 O'GRADY, JAMES B. reimb:I.C.s.C. Conf5/21-22/06 10.25 10.25
108103 06/0812006 002292 OASIS VENDING Jun coffeelkitchen supplies:City Hall 369.47
Jun coffee/kitchen supplies:Maint Fac 77.58
credit:inV#60506 incorrectly calculated -3.22 443.83
Page:10
apChkLst Final Check List Page: 11
06/0812006 4:09:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108104 06/0812006 003964 OFFICE DEPOT BUSINESS SVS Office Supplies For Police Mall Stn 991.83
DIV
Office Supplies For Police Mall Stn 958.64
Office Supplies For Police Mall Stn 409.79
office supplies: Police 307.23
office supplies for TCSD 283.80
Office Supplies:PoIice Mall Stn 23.26 2,974.55
108105 06/0812006 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 119.46
City Vehicle Repair/Maint SVcs 103.50
City Vehicle Repair/Maint SVcs 92.64 315.60
108106 06/0812006 004389 OUT OF THE ORDINARY Planning Dept Team Building 6/14/06 2,220.00 2,220.00
108107 06/0812006 005152 PACIFIC PRODUCTS & SERVICES Citywide sign install/repair supplies: 3,976.05 3,976.05
108108 06/0812006 003955 PANE CONSULTING SERVICE recreation supplies: F.I.T. Program 757.35
(PCS)
event supplies: volunteer recogn 599.53
recreation supplies: FIT Program 472.85 1,829.73
108109 06/0812006 002099 PASCOE MANAGEMENT LLP Jun Old Town restroom rental:RDA 826.00 826.00
108110 06/0812006 004538 PAULEY EQUIPMENT COMPANY equip rental: TCSD 51.30 51.30
108111 06/0812006 004805 PEACOCK ENTERPRISES INC toner cartridge supplies: I.S. Dept 1,749.54 1,749.54
108112 06/0812006 003218 PELA May Plan Check Svcs: Tcsd 4,600.00 4,600.00
108113 06/0812006 002331 PEP BOYS INC equip parts/supplies: PW Maint 127.11 127.11
108114 06/0812006 009796 PERVO PAINT COMPANY red traffic paint supplies: PW Maint 3,221.73 3,221.73
108115 06/0812006 000249 PETTY CASH Petty Cash Reimbursement 396.32 396.32
108116 06/0812006 007771 PPSN CORPORATION refun d :sec. deposit/Am ph ith eater 150.00 150.00
108117 06/0812006 009952 PRESENTATION PRODUCTS PW traffic monitoring projector lamp 6,210.31 6,210.31
108118 06/0812006 000254 PRESS ENTERPRISE COMPANY annual subscr: Finance 6683902 165.37 165.37
INC
Page:11
apChkLst Final Check List Page: 12
06/0812006 4:09:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108119 06/0812006 003155 PRICE CHOPPER INC wristbands:Aquatics Prgm 304.50 304.50
108120 06/0812006 003697 PROJECT DESIGN Mar-Ap Dsgn Sycs:Murr.Crk/O\fflnd Ext 56,658.90 56,658.90
CONSULTANTS
108121 06/0812006 001364 R C P BLOCK & BRICK INC maint supplies for Parks 38.11 38.11
108122 06/0812006 004029 R J M DESIGN GROUP INC Apr profsycs:Rdhwk Prks ImplY 4,596.00 4,596.00
108123 06/0812006 009066 RADAR SHOP INC, THE radar gun maintlrepair:Police 343.00 343.00
108124 06/0812006 002612 RADIO SHACK INC computer supplies: I.S. Dept. 64.62 64.62
108125 06/0812006 003761 RANCHO METALS & SUPPLY repair light control box: Hwy 79S 32.59 32.59
108126 06/0812006 009725 RAZAVI, MANDIS TCSD Instructor Earnings 168.00 168.00
108127 06/0812006 003591 RENES COMMERCIAL weed control sycs:City lots/R-O-Ws 16,750.00
MANAGEMENT
Citywide trash/debris pick-up in R-O-Ws 3,000.00 19,750.00
108128 06/0812006 004498 REPUBLIC ELECTRIC Elevate 23 St Lamp Posts To 5 City Loc. 3,000.00
traffic signal supplies:PWTri Diy 4/12 2,343.00
traffic signal supplies:PW Tri Diy 5/22 2,140.00
traffic signal supplies:PWTri Diy 3/10 1,499.00 8,982.00
108129 06/0812006 002412 RICHARDS WATSON & GERSHON April 2006 legal services 101,081.94 101,081.94
108130 06/0812006 006607 RICHMOND AMERICAN HOMES refund :oyerpaym ent of fees/#531561 89.04 89.04
108131 06/0812006 008928 RIGEL PRODUCTS & SERVICE parts for sign install/repairs: PW Maint 17.39 17.39
108132 06/0812006 000353 RIVERSIDE CO AUDITOR Apr '06 parking citation assessments 3,731.00 3,731.00
108133 06/0812006 000267 RIVERSIDE CO FIRE Hazlrv1at FRO trn: L.Larson 2/4-5/06 40.00 40.00
DEPARTMENT
108134 06/0812006 000357 RIVERSIDE CO traffic sgnl plans:RdhwkNail Ranch 66.00 66.00
TRANSPORTATION
108135 06/0812006 001365 RIVERSIDE COUNTY OF permit:4th of July Vendor Fair 220.00 220.00
Page:12
apChkLst Final Check List Page: 13
06/0812006 4:09:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108136 06/0812006 003587 RIZZO CONSTRUCTION INC repair refrigerator@ TCC 1,929.00 1,929.00
108137 06/0812006 001097 ROADLlNE PRODUCTS INC stencil supp-paint gun/pump repairs:PW 3,110.00 3,110.00
108138 06/0812006 004270 RUFFIAN SPECIALTIES 5 training harnesses: Fire Explorers 268.71 268.71
108139 06/0812006 000277 S & S ARTS & CRAFTS INC recreation supplies: Teen Prgm 388.76 388.76
108140 06/0812006 001500 SAN DIEGO REGIONAL TRAIN Running Eff. Mtgs: SF/EP/DS 5/9/06 225.00 225.00
CTR
108141 06/0812006 004609 SHREDFORCE INC May doc. shredding svcs: Police Mall Stn 24.00
May doc. shredding svcs: CRC 22.50 46.50
108142 06/0812006 009745 SILVERADO AVIONICS INC radio equipment: Fire 1,298.05 1,298.05
108143 06/0812006 000697 SISTER CITIES INTERNATIONAL 2006 Sister Cities membership dues 485.00 485.00
108144 06/0812006 000645 SMART & FINAL INC misc. supplies: F.I.T. Program 264.76
recreation supplies: MPSC 64.45 329.21
108145 06/0812006 003477 SMITH, BARBARA reimb:SCAN NATOA Cf 5/10-11/06 46.44 46.44
108146 06/0812006 000537 SO CALIF EDISON May 2-00-397-5042 City Hall 7,100.36
May 2-27-805-3194 Theater 3,696.04
May 2-02-502-8077 Maint Fac 1,706.34
May 2-20-798-3248 C. Museum 1,318.58
May 2-00-397-5067 various mtrs 1,037.33
Jun 2-10-331-2153 TCC 906.04 15,764.69
108147 06/0812006 001212 SO CALIF GAS COMPANY May 091-085-1632-0 T.E.S. Pool 1,163.33 1,163.33
108148 06/0812006 000519 SOUTH COUNTY PEST CONTROL pest control srvcs:K.Hintergardt Pk 84.00
INC
Pest Control Srvcs:Calle Jajo 84.00 168.00
108149 06/0812006 005724 SOUTHWEST FAMILY YMCA Youth & Govt Prgm Sponsorship 1,500.00 1,500.00
108150 06/0812006 009379 SOUTHWEST WOMEN'S CHORUS All You Need is Love Thtr settlement 1,486.37 1.486.37
108151 06/0812006 003467 SPECTRUM POOL PRODUCTS "No Food on Deck" signs:Aquatics 115.80 115.80
Page:13
apChkLst Final Check List Page: 14
06/0812006 4:09:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108152 06/0812006 008337 STAPLES BUSINESS office supplies: T.Museum 134.63 134.63
ADVANTAGE
108153 06/0812006 006145 STENO SOLUTIONS May transcription sIYcs:Police 858.72 858.72
TRANSCRIPTION
108154 06/0812006 003840 STRONGS PAINTING prep/paint walls:V.Ranch Prkwy 5,500.00 5,500.00
108155 06/0812006 000305 TARGET BANK BUS CARD SRVCS office supplies: PW Depts 355.96
rec supplies:Mother/Son Date Night 152.84
recreation suppliesTiny Tots Prgm 73.40
recreation suppliesTiny Tots Prgm 37.83
recreation suppliesTiny Tots Prgm 9.63
recreation suppliesTiny Tots Prgm 4.29 633.95
108156 06/0812006 005274 TELESIO, JOHN reimb: APA Conf 4/21-26/06 1,292.12 1,292.12
108157 06/0812006 006465 TEMECULA AUTO REPAIR City vehicle maint svcs: Fire Prev 848.70
City vehicle maint svcs: Fire Prev 31.71 880.41
108158 06/0812006 010046 TEMECULA VALLEY Mar '06 Bus. ImplY District Asmnts 23,425.60 23,425.60
CONVENTION &
108159 06/0812006 007340 TEMECULA VALLEY FIRE EQUIP. Fire Extinguisher Maint SVcTheater 25.00 25.00
CO
108160 06/0812006 003067 TEMECULA VALLEY R V SERVICE repair/maint:Police Command RV 1,399.69
repair/maint:Police Command RV 632.04
repair/maint:Police Command RV 545.46 2,577.19
108161 06/0812006 004274 TEMECULA VALLEY SECURITY dsgn 6-pin master key sys:City Hall 500.00 500.00
CENTR
108162 06/0812006 000316 THORNHILL, GARY reimb:lnt'1 Cf Shp Ctrs 5/21-22/06 16.50 16.50
108163 06/0812006 000668 TIMMY D PRODUCTIONS INC Deposit: July 4th Extravaganza 8,750.00 8,750.00
108164 06/0812006 007433 TOVEY SHULTZ CONSTRUCTION Apr prgs #14:Roripaugh Fire Stn 9,982.54
INC
release stp ntc:AEP-SPANfTheater prjt 3,699.26
ret w/h prgs #14:Roripaugh Fire Stn -998.25 12,683.55
108165 06/0812006 003031 TRAFFIC CONTROL SERVICE INC traffic control supplies: PW Maint 3,262.67 3,262.67
Page:14
apChkLst Final Check List Page: 15
06/0812006 4:09:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108166 06/0812006 007766 UNDERGROUND SERVICE ALERT Jun undrgrnd svcs alert tickets:PW 163.20 163.20
108167 06/0812006 008837 VALLEY BUSINESS JOURNAL, March ad for Community Theater 450.00 450.00
THE
108168 06/0812006 004261 VERIZON May xxx-5509 general usage 147.58
May xxx-989? general usage 90.19
May xxx-0049 general usage 36.46
May xxx-1999 general usage 33.41 307.64
108169 06/0812006 004789 VERIZON ONLINE Internet svcs xx9549 Police Storefront 42.89 42.89
108170 06/0812006 009663 VERNON LIBRARY SUPPLIES INC RFID system: Temecula Public Library 33,014.90 33,014.90
108171 06/0812006 010043 VIDAL, LUIS MARIO refund: VICR Fee waived 105.00 105.00
108172 06/0812006 001342 WAXIE SANITARY SUPPLY INC custodial supplies:City HallfT.MusfTCC 788.77 788.77
108173 06/0812006 006612 WEATHERPROOFING TECH, INC roof leak repair: Maint Fac 345.00 345.00
108174 06/0812006 004826 WEST COAST OVERHEAD DOOR Res Imp Prgm: Akerley-Crowley, Wendy 575.00 575.00
108175 06/0812006 000339 WEST PUBLISHING CORP May City judicial updates 258.64 258.64
108176 06/0812006 000341 WILLDAN ASSOCIATES INC Feb plan check svcs: Fire Prey 9,223.90
credit:over billed on inV# 062-8500 -408.80 8,815.10
108177 06/0812006 010037 WOODWARD, THEODORE refund: picnic shelter/R.R. Sprts Prk 85.00 85.00
108178 06/0812006 009476 WORKBENCH, THE art display easels/poster mountings:Thtr 450.00 450.00
108179 06/0812006 009512 WURMS JANITORIAL SERVICES, Jun janitoral services: MPSC 790.27 790.27
INC
108180 06/0812006 010041 ZIMEL, LINDA refund:picnic shelter/Meadows Park 48.00 48.00
108181 06/0812006 003776 ZOLL MEDICAL CORPORATION medical supplies: Paramedics 264.74 264.74
Grand total for UNION BANK OF CALIFORNIA: 2,233,204.13
Page:15
apChkLst Final Check List Page: 1
06/1512006 12:37:55PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
697 06/15/2006 000444 INSTATAX (EDD) State Disability Ins Payment 19,173.79 19,173.79
698 06/15/2006 000283 INSTATAX (IRS) Federal Income Taxes Payment 76,366.21 76,366.21
699 06/15/2006 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 20,385.18 20,385.18
SOLUTION
700 06/15/2006 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 110,520.49 110,520.49
RETIREMENT)
701 06/15/2006 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 3,714.36 3,714.36
NATIONWIDE RETIREMENT
108182 06/15/2006 008239 4 PAWS TRAINING TCSD instructor earnings 1,400.00
TCSD instructor earnings 1,260.00
TCSD instructor earnings 350.00 3,010.00
108183 06/15/2006 004973 ABACHERLI, L1NDI TCSD instructor earnings 880.00 880.00
108184 06/15/2006 004064 ADELPHIA 6/10-7/9 high speed internet City Hall 62.95
5/26-6/25 high speed internet Sr Ctr 46.95 109.90
108185 06/15/2006 009896 ADVANCED INFRASTRUCTURE Trffc GIS Data Based Asset Mgmt Sys 3,250.00 3,250.00
MGMT
108186 06/15/2006 001323 ARROWHEAD WATER INC Bottled wtr svcs@T.Museum 11.84 11.84
108187 06/15/2006 008395 BARRELS UNLIMITED INC. 1 O-Used Oak Barrels for Old Twn 544.94 544.94
108188 06/15/2006 009875 BARRIOS, JAMES Musical Periormance:5/6:TCC 1,500.00 1,500.00
108189 06/15/2006 003466 BASKET & BALLOONS TOO! Promotional Gift Baskets:Eco Devel 203.88 203.88
108190 06/15/2006 009908 BEADOR CONSTRUCTION CO May 06 prgss: 79S median 453,259.80
INC
May Retention: 79S median -45,325.98 407,933.82
108191 06/15/2006 002381 BEAUDOIN, LINDA Refund:Withdrew grading plan:PM6791-3 995.00
Refund:Withdrew grading plan:PM6791-4 995.00 1,990.00
108192 06/15/2006 004829 BOB WILSON INC Jun 06 State lobbyist svcs 3,500.00 3,500.00
108193 06/15/2006 000128 BROWN & BROWN OF CALIF INC McLaughlin bldg earthquake insurance 301.42 301.42
Page:1
apChkLst Final Check List Page: 2
06/1512006 12:37:55PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108194 06/15/2006 003138 CAL MAT May 17-31 PW patch truck materials 2,761.17 2,761.17
108195 06/15/2006 008644 CANTRELL, ROGER, AlA, AICP May Planning plan check review 4,630.00 4,630.00
108196 06/15/2006 010056 CARBALLlDO, EMMA Refund: Security Depst-CRC 400.00 400.00
108197 06/15/2006 009640 CERTIFION CORPORATION 2- unlimited access to the EPO 150.00 150.00
108198 06/15/2006 005708 CLEAR CHANNEL Radio Ads: Free Jazz Concerts 500.00 500.00
BROADCASTING INC
108199 06/15/2006 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 150.00 150.00
108200 06/15/2006 002756 COMPLETE EMBROIDERY 7 Embroider Police Patches 45.26 45.26
DESIGNS
108201 06/15/2006 004524 CRAFCO INC-ABSOLUTE Temp asphalt repairs: PW mntc 1,189.15 1,189.15
ASPHALT
108202 06/15/2006 001009 D B X INC Trffc Signal Interconnect upgrades 122,116.00
Retention:Trffc Signal Interconnect -12,211.60 109,904.40
108203 06/15/2006 010054 DANCE MAGAZINE, INC. 1 yr subscription: Theater 53.46 53.46
108204 06/15/2006 001393 DATA TICKET INC Apr Prkg Citation Processing svcs 1,248.10 1,248.10
108205 06/15/2006 002990 DAVID TURCH & ASSOCIATES Jun 06 Federal lobbyist svcs 3,350.00 3,350.00
108206 06/15/2006 010062 DIVERIFIED INVESTMENT CO- Refund:Grading Dept:40551 Margarita 995.00 995.00
TEM
108207 06/15/2006 001714 DREAM ENGINEERING INC Vail Ranch Bskball Light Prjt 18.55 18.55
108208 06/15/2006 010036 DUTCHSTONE REAL ESTATE INC Relocation svcs:Dutchstone Real Estate 12,154.33 12,154.33
108209 06/15/2006 007319 EAGLE ROAD SERVICE & TIRE PW Backhoe emerg tire repair 84.00 84.00
INC
108210 06/15/2006 000523 EASTERN MUNICIPAL WATER Wolf Crk Sewer connection fees 11,183.10 11,183.10
DIST
Page2
apChkLst Final Check List Page: 3
06/1512006 12:37:55PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108211 06/15/2006 009958 EASY TURF INC Install Synthetic Turf-Jefferson Medians 12,972.00 12,972.00
108212 06/15/2006 003223 EDAW INC Apr Biological svcs:Pala Rd Bridge prjt 1,249.59 1,249.59
108213 06/15/2006 002438 ENGEN CONSULTANTS INC. Apr Grading:Pauba Rd Phase II 17,713.46 17,713.46
108214 06/15/2006 000478 FAST SIGNS T. Museum exhibit signs 69.97
T. Museum exhibit signs 28.23 98.20
108215 06/15/2006 010063 FAY, JAMES P. Refund: Grading Dept:TR9833-20 995.00 995.00
108216 06/15/2006 000206 FEDEX KINKOS INC Stationery paper/mise supplies 79.68
stationery paper/mise supplies 43.96 123.64
108217 06/15/2006 005620 FERSTLE, ALMA Refund:Picnic Shelter Dept-Temeku Hills 43.00 43.00
108218 06/15/2006 000166 FIRST AMERICAN TrTLE Lot Book Report: Reilly 75.00 75.00
COMPANY
Page:3
apChkLst Final Check List Page: 4
06/1512006 12:37:55PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108219 06/15/2006 003347 FIRST BANKCARD CENTER
MARRIOTT HOTEL SJ Htl/Meal: IIMC Cf:5/14-18:staff 1,507.42
HIKE BIKE KAYAK, INC SJ Consulting svcs: Staff Team Bldg 585.00
LEAGUE OF CALIF CITIES SN RegistLCC Ann'l Conf:9/4-9/06 435.00
ABBYV USA SOFTWARE HOUSE TT Software:PDF trnsfr:Full Version 314.94
INC
DELL COMPUTER CORPORATION TT Computer supplies:Linear Imager 225.20
EMBASSY SUITES HOTEL SN Htl:ICC Sprg Conf:5121-24 162.41
EMBASSY SUITES HOTEL CW Htl:ICC Sprg Conf:5/21-24 162.41
EMBASSY SUITES HOTEL JO Htl:ICC Sprg Conf:5/21-24 162.41
GODADDY.COM INC. TT Library Domain Name Registration 142.D7
OFFICE DEPOT BUSINESS SVS TT Computer supplies:Notebk Pack 119.35
DIV
BARNES AND NOBLE STORE TT Books:Voice over/Skype Me 90.03
COMP USA INC TT computer supplies:CaselHP Syn 81.87
OFFICE DEPOT BUSINESS SVS SJ Office supplies:City Clerk 69.97
DIV
LINDBERGH PARKING SAN ME PrkgNLC Human Dev:5/17-19 60.00
DIEGO
CHillS RESTAURANT SJ Refrshmnts: Staff Team Bldg 50.55
RED ROBIN SJ Meal:IIMC Cf:5/14-18:SJ/GF/CD 47.38
SOUTHWEST AIRLINES CW Airfare:ICC Sprg Conf:5/21-24 40.00
TORTILLA JO'S SJ Meal: IIMC Conf:5/14-18:SJ/GF 38.41
SJ Bank charges 35.00
ONTARIO AIRPORT SN Prkg:ICC Sprg Conf:5121-24 30.00
T-MOBILE HOTSPOT ME Internet data usage: DayPass 9.99 4,369.41
108220 06/15/2006 002982 FRANCHISE TAX BOARD Support Pmt Case#560432971 =$203.97 278.97 278.97
108221 06/15/2006 001937 GALLS INC Cross Draw Vest w/Mag Pouch:PD 118.73 118.73
108222 06/15/2006 009660 GRADE PROS INC. May prgss pmtPauba Rd Phase II 286,174.00
May Retention:Pauba Rd Phase II -28,617.40 257,556.60
108223 06/15/2006 008361 GRAPE STOMPERS SQ DANCE TCSD instructor earnings 238.00
CLUB
TCSD instructor earnings 108.50 346.50
Page:4
apChkLst Final Check List Page: 5
06/1512006 12:37:55PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108224 06/15/2006 000711 GRAPHICS UNLIMITED Summer/Fall CS Recreation Guide 22,832.53
LITHOGRAPHY
Summer/Fall Cultural Arts Brochure 6,700.97 29,533.50
108225 06/15/2006 006916 GREYSTONE HOMES Refund:Sausalito OT trust acct 2,010.00 2,010.00
108226 06/15/2006 002372 HARMON, JUDY TCSD instructor earnings 157.50
TCSD instructor earnings 116.20 273.70
108227 06/15/2006 004811 HEWLETT PACKARD 4-desktop computers:Police SVV Stn 5,061.77
Desktop computer:PD mall storefront 1,271.91 6,333.68
108228 06/15/2006 005748 HODSON, CHERYL A. Support Payment 18.41 18.41
108229 06/15/2006 007117 HOWE WELDING & FABRICATION Design Ovrlnd/R.Calif ovrcross fencing 3,255.38 3,255.38
INC
108230 06/15/2006 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 10,845.49 10,845.49
303355
108231 06/15/2006 004179 INTL E-Z UP, INC E-Z UP Shade Structures:CRC 1,456.84 1.456.84
108232 06/15/2006 003266 IRON MOUNTAIN OFFSITE Records mgmt microfilm storage unit 347.75 347.75
108233 06/15/2006 001186 IRWIN, JOHN TCSD instructor earnings 2,142.00 2,142.00
108234 06/15/2006 009973 JAM SERVICES INC Pedestrian trffc signal countdown 25,855.29
credit: overbilled contract amount -1,859.31 23,995.98
108235 06/15/2006 004908 JIFFY LUBE 1878 City vehicle mntc:Bldg&Safety 35.38 35.38
108236 06/15/2006 009879 JONES, MYRA S. Refund:Picnic Shelter Dept:Harveston Prk 150.00 150.00
108237 06/15/2006 003046 K FRO G 95.1 FM RADIO Radio ads:J.Cash @Theater 980.00 980.00
108238 06/15/2006 000820 K R W & ASSOCIATES Apr-May engineering plan check 3,500.00 3,500.00
108239 06/15/2006 002789 KIMCO STAFFING SERVICES INC Temp help PPE 5/28 Wedeking 536.50
Temp help PPE 5/21 Wedeking 464.00 1,000.50
108240 06/15/2006 008715 KRAMER FIRM INC MarlMay Planning plan check review 1,805.00 1,805.00
108241 06/15/2006 009923 L S A ASSOCIATES INC Apr prgss:Educ Cntr Rough Grading 6,414.99 6.414.99
PageS
apChkLst Final Check List Page: 6
06/1512006 12:37:55PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108242 06/15/2006 009388 LETS GET PERSONAL Staff shirts w/city logo:Code Enforce 112.06 112.06
108243 06/15/2006 000586 LEXISNEXIS MATTHEW BENDER Muni Code website CD storage 86.69 86.69
108244 06/15/2006 003286 LIBRARY SYSTEMS & SERVICES May svcs-library system agrmnt 11,582.86
May svcs-library system agrmnt 1,481.49 13,064.35
108245 06/15/2006 010064 LOPEZ, NANCY Refund: Country Western Dance 60.00 60.00
108246 06/15/2006 003782 MAIN STREET SIGNS street name signs: PW Maint 533.36 533.36
108247 06/15/2006 009510 MANAHAN, DIANE refund:picnic shelter rental/Harveston 55.00 55.00
108248 06/15/2006 005806 MATTHEWS, CATHERINE J. Apr-Jun street addressing svcs 552.00 552.00
108249 06/15/2006 008091 MILLMORE'S WAA CREW City vehicles detailing svcs:PW Depts 100.00
City vehicles detailing svcs:B&S 97.00
City vehicles detailing svcs:PW Depts 75.00 272.00
108250 06/15/2006 001384 MINUTEMAN PRESS business cards: J. VoshallfT. Cole 141.32
business cards: BH/BKlMT 130.11
business cards: A. Elmo 116.96
business cards: C.Wait 116.96
business cards: H. Schrader 116.96
business cards: Police Mall Storefront 70.66
business cards: Z.Smith 43.37
business cards: C. Hubbard 43.37 779.71
108251 06/15/2006 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 274.40 274.40
A.
108252 06/15/2006 010002 MONTESANO, NICOLE refund: security deposit/41934 Main St 837.00 837.00
108253 06/15/2006 010004 NETLINK ENTERPRISES INC 9mm blank Police gun/ammo - K-9 193.97 193.97
108254 06/15/2006 009938 NOBEL SYSTEMS INC ArcSDE implementation svcs for GIS 1,000.00 1,000.00
108255 06/15/2006 009337 NOLTE ASSOCIATES INC Apr-May svcs:Pedestrian/Bicycle Bridge 7,668.00 7,668.00
Page:6
apChkLst Final Check List Page: 7
06/1512006 12:37:55PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108256 06/15/2006 002139 NORTH COUNTY TIMES May "Every 15 Min Prgm"/City Clrk ads 1,612.26
May recruitment ads:PlnfTCSD/PW 955.07
May Western Days ads:RDA 347.67
May F.IT Prgm adfTCSD 154.98 3,069.98
108257 06/15/2006 009570 o C B REPROGRAPHICS dup. blueprints:Field Ops Ctr 4,321.42
dup.blueprints:Pech.Pkwy Street ImplY 230.93 4,552.35
108258 06/15/2006 003964 OFFICE DEPOT BUSINESS SVS office supplies:TCSD 76.83 76.83
DIV
108259 06/15/2006 006721 OFFICEMAX - A BOISE COMPANY ergonomic office equip:Finance 730.42 730.42
108260 06/15/2006 006721 OFFICEMAX - A BOISE COMPANY office supplies: Finance 137.D7 137.07
108261 06/15/2006 001171 ORIENTAL TRADING COMPANY Summer Day Camp Supplies 267.61 267.61
INC
108262 06/15/2006 004389 OUT OF THE ORDINARY Team Bldg: City Mgr!l-l.R. Depts 6/22 2,070.00 2,070.00
108263 06/15/2006 006939 PAINT CONNECTION, THE Res Imp Prog: Ritter, Sherrie & Thomas 599.00 599.00
108264 06/15/2006 003955 PANE CONSULTING SERVICE '06 F.IT Prgm awardsfTCSD 1,788.04 1,788.04
(PCS)
108265 06/15/2006 004074 PARTY CITY OF TEMECULA INC recreation supplies: MPSC 72.78 72.78
108266 06/15/2006 004805 PEACOCK ENTERPRISES INC toner cartridges supplies:Central Svcs 665.46 665.46
108267 06/15/2006 003218 PELA May plan ck:Murr.Crk Multi-Trail 540.00
May Idscp inspection: 79S Medians 495.00
May plan ck svcs:Pech.Pkwy Medians 270.00 1,305.00
108268 06/15/2006 001958 PERS LONG TERM CARE PERS Long Term Care Payment 288.55 288.55
PROGRAM
108269 06/15/2006 004605 PERSONAL TOUCH CATERING refreshments:T.C.C. Drill 6/10 500.00 500.00
108270 06/15/2006 000249 PETTY CASH Petty Cash Reimbursement 466.96 466.96
108271 06/15/2006 000580 PHOTO WORKS OF TEMECULA May photo developing:PW Depts 87.96 87.96
Page:?
apChkLst Final Check List Page: 8
06/1512006 12:37:55PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108272 06/15/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 15,006.24
Various Water Meters 670.99
Various Water Meters 244.45
May 01-05-11040-1 Maint Fac Expan 126.23
Various Water Meters 72.42 16,120.33
108273 06/15/2006 002654 RANCHO FORD LINCOLN '062WD 1 Ton Utility Truck:PW 67,816.25 67,816.25
MERCURY
108274 06/15/2006 002110 RENTAL SERVICE equip rental for PW Maint 26.84
CORPORATION
equip rental for PW Maint 22.85
equip rental for PW Maint 14.28 63.97
108275 06/15/2006 006483 RICHARDS, TYREOSHA I. TCSD Instructor Earnings 336.00
TCSD Instructor Earnings 122.50
TCSD Instructor Earnings 24.50 483.00
108276 06/15/2006 000418 RIVERSIDE CO CLERK & Ntc/Exemption:Rdhwk Dog Park 64.00 64.00
RECORDER
108277 06/15/2006 000418 RIVERSIDE CO CLERK & Res ImplY Prgm:Vedra 11.00 11.00
RECORDER
108278 06/15/2006 000418 RIVERSIDE CO CLERK & Res ImplY Prgm:Benzing 11.00 11.00
RECORDER
108279 06/15/2006 000418 RIVERSIDE CO CLERK & Res ImplY Prgm:Anaya 11.00 11.00
RECORDER
108280 06/15/2006 000268 RIVERSIDE CO HABITAT May 2006 K-Rat Payment 4,200.00 4,200.00
108281 06/15/2006 000406 RIVERSIDE CO SHERIFFS DEPT April '06 Booking Fees 15,456.00 15,456.00
108282 06/15/2006 001365 RIVERSIDE COUNTY OF add'l vendors:4th of July Vendor Fair 170.00 170.00
108283 06/15/2006 010065 ROBERTS, THERESA refund:4th of July vendors 50.00 SO.OO
108284 06/15/2006 009563 RODRIGUEZ, CARLOS reimb:Fire Prev 3B 4/30-5/05/06 703.91 703.91
108285 06/15/2006 003001 ROSS FENCE INC. Res Imp Prgm: Bognacki/Jennings 2,050.00 2,050.00
108286 06/15/2006 008693 SALAZAR, DONALD (SWD 000053) Support Payment 283.50 283.50
Page:8
apChkLst Final Check List Page: 9
06/1512006 12:37:55PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
108287 06/15/2006 005227 SAN DIEGO COUNTY OF Support Payment Case#OF099118 25.00 25.00
108288 06/15/2006 006815 SAN DIEGO, COUNTY OF Support Payment Account#581 095025 12.50 12.50
108289 06/15/2006 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment LOFile#2005033893 150.00 150.00
108290 06/15/2006 007342 SHUTE, MIHALY & WEINBERGER April '06 legal services 236.14 236.14
LLP
108291 06/15/2006 009343 SILVIA CONSTRUCTION INC rei stop ntc:Traf.Cntrl SvclP'v1l1nt Rehab 9,979.80 9,979.80
108292 06/15/2006 000537 SO CALIF EDISON May 2-05-791-8807 various mtrs 8,479.16
Jun 2-02-351-5281 CRC 6,487.28
Jun 2-10-331-1353 Fire Stn 84 2,348.27
May 2-19-683-3263 various mtrs 1,003.94
Jun 2-28-171-2620 Police Mall Stn 476.68 18,795.33
108293 06/15/2006 000926 SO CALIF EDISON electrical hook-up:P.B. Sprts Cmplx 6,405.30 6,405.30
108294 06/15/2006 010061 TEMECULA OLIVE OIL COMPANY Thtr fac rental/see deposit:6/6/06 428.00 428.00
108295 06/15/2006 000668 TIMMY D PRODUCTIONS INC OJ svcs: middle school dance 6/9 450.00 450.00
108296 06/15/2006 007433 TOVEY SHULTZ CONSTRUCTION Apr-May Prgs Pmt #26:Theater 72,522.14
INC
Apr-May retention #26:Theater -3,626.11 68,896.03
108297 06/15/2006 009501 U T P GROUP INC Stage hand svcs: Community Theater 1,213.76 1,213.76
108298 06/15/2006 000325 UNITED WAY United Way Charities Payment 222.15 222.15
108299 06/15/2006 003665 VARTEC SOLUTIONS INC May long distance phone svcs 2.74 2.74
108300 06/15/2006 004261 VERIZON Jun xxx-1341 Theater 355.42
May xxx-1540 Old Town Prk Lot 90.19
Jun xxx-1941 PTA CD TTACSO 57.92
May xxx-6620 general usage 27.47 531.00
108301 06/15/2006 004279 VERIZON CALIFORNIA INC. May access-C. Mus.phone line 655.86
May access-CRC phone line 354.88 1,010.74
Page:9
apChkLst Final Check List
06/1512006 12:37:55PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid
108302 06/15/2006 004848 VERIZON SELECT SERVICES INC Jun long distance phone svcs 8.93
108303 06/15/2006 000621 WESTERN RIVERSIDE COUNCIL May 2006 TUMF Payment 761,867.44
OF
108304 06/15/2006 008402 WESTERN RIVERSIDE COUNTY May 2006 MSHCP payment 87,018.80
108305 06/15/2006 002109 WHITE CAP INDUSTRIES INC traffic sgnl maint supplies:PW 304.28
108306 06/15/2006 010060 WYTRYKUS, LESLIE ee computer purchase prgm 1,576.80
108307 06/15/2006 001544 YEAGER SKANSKA INC May prgs pmt #1 :Tem.Educ.Ctr P\.W6-03 1,473,170.00
ret w/h pmt#1 :Tem.Educ.Ctr PW06-03 -147,317.00
Page: 10
Grand total for UNION BANK OF CALIFORNIA:
Check Total
8.93
761,867.44
87,018.80
304.28
1,576.80
1,325,853.00
3,626,899.30
Page:10
I~-- .
,
II
ITEM NO.4
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
p.f""
Ill?.
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Howard Windsor, Fire Chief
DATE:
June 27, 2006
SUBJECT:
Fire Station 73 Transfer of Title
PREPARED BY:
Howard Windsor, Fire Chief
RECOMMENDATION: That the City Council approves transfer of title for Fire Station 73 by
authorizing the City's designee to execute the necessary documents to complete the conveyance of
said property.
BACKGROUND: In 1988, Riverside County opened and staffed the Rancho California
Fire Station #73, (27415 Enterprise Circle West, Temecula, CA 92590). This facility was builtto
serve the growing FirelEmergency Medical Services needs within this unincorporated area of the
County of Riverside. The funds to build this facility were collected under the adopted County Fire
mitigation structure.
In 1989, the City of Temecula incorporated and entered into a Cooperative Fire Services Agreement
with the County to provide fire and emergency medical services. Because the facility was County
owned prior to incorporation, the County has continued to maintain all repair and maintenance costs.
The County in turn bills the City through the service delivery structure established within the contract.
In January 2005, a committee was formed of contract City representatives and County Fire
Department staff to re-evaluate the service delivery structure of the contract. As a result many of
the contract Cities that had County Fire Stations built within their jurisdiction prior to incorporation
requested to have these facilities conveyed to them. The Cities and County came to the mutual
agreement that the conveyance would enhance efficiency within the contract and allow the Cities
better local control.
There is no associated cost to implement this change within the contract as the repair and
maintenance is currently being directly billed back to the City. Expenditure accounts have been
established within the City budget for the maintaining of City Fire Stations built since the City's
incorporation, (Fire Station 84 and 92). Fire Station 73 will now be handled in the same manner,
with all associated repair and maintenance costs covered within the annual City Fire Budget.
The Board of Supervisors approved the conveyance of property during opening session on
November 22,d, 2005 (copy of action attached). With the Temecula City Council's approval,
ownership of Fire Station 73 can be transferred to the City of Temecula and the Title officially
recorded with the County of Riverside.
FISCAL IMPACT: Adequate funds have been programmed in the Fiscal Year 2006-07
operating budget for the operation and maintenance of this Fire Station.
ATTACHMENTS:
County of Riverside Board Action
M8~ 23 06 12:29p
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.....
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SUBMmAL TO THE BOARD OF SUPERVISORS
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
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FROM: Department of Facilities Management I County Fire Department SUBMmAL DATE
Novernber14,2005
SUBJECT: RESOLUTION NO. 2005490 AUTHORIZATION TO CONVEY REAL PROPERTY
(FIRE STATION5-3) FROM COUNTY OF RIVERSIDE ON BEHALF OF THE RIVERSIDE
COUNTY FIRE DEPARTMENT TO THE cmES OF MORENO VALLEY (STATIONS 58 & 65) AND
TEMECULA (STATION 73)_
RECOMMENDED MOTION: That the Board of Supervisors:
1. Approve Resolution No. 2005-490. Authorization to Convey Real Property (Fire Stations-3)
located within the city limits of Moreno Valley (2) and Temecula (1) on behalf of the
Riverside County Fire Department; .
(Continued on Page 2)
-ri ?11dk)
~ VMICHAEL J. SYLVESTER. Director
V Depa.;"......~ofFacilities Manag:....."..t
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CRAIG EiP.NTHONY. Chief
County Fire Department
Current F.Y_ Total Cost:
FINANCIAL
OAT A Current F.Y. Net County Cost:
Annual Net County Cost:
SOURCE OF FUNDS: NlA
MJS:WEE:pc
9.763
$ -0- In Current Year Budget: N/A
$ -0- Budget Adjustment: No
$ -0- For Fiscal Year; 05106
Positions To Bel 0
Deleted Per A-30
Requires 4/5 votel 181
C.E.O. RECOMMENDATION:
APPROVE
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n. n. County Executive Office Signature
IZJIS
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MINUTES OF THE BOARD OF SUPERVISORS
On motion of Supervisor Stone. seconded by Supervisor Wilson and duly carried by
unanimous vote. IT WAS ORDERED that the above mailer is approved as recommended.
Ayes:
Nays:
Absent:
Date:
xc:
Buster, Tavaglione. Stone, Wilson and Ashley
None
None
Novernber22,2005
FaciL Mgml, pie, E.O., Co_ Co., Auditor
Nancy Romero
s:;lt(rJ(()j~e Board
~, ()5JO.."..--
Deputy
Prevo Ago. Ref.: 3.9 11/8/05
I District: 3.5
I Agenda Number:
3-. 7
Mal:! 23 06 12:291'
BOARD OF SUPERVISORS
Form 11: RESOLUTION NO. 2005-490, AUTHORIZATION TO CONVEY REAL
PROPERTY (FIRE STATIONS-3) FROM COUNTY OF RIVERSIDE ON
BEHALF OF THE RIVERSIDE COUNTY FIRE DEPARTMENT TO THE
CITIES OF MORENO VALLEY (STATIONS 58 & 65) AND TEMECULA
(STATION 73).
November 14, 2005
Page 2
RECOMMENDED MOTION: (Continued)
MORENO VALLEY
A Station # 58 (Moreno Beach) Assessor's Parcel Number: 478-262-005
28020 Bay Avenue, Moreno Valley, CA 92555
B. Station # 65 (Kennedy Park) Assessor's Parcel Number: 290-130-041
15111 Indian Avenue, Moreno Valley, CA 92553
TE'MECULA
C. Station # 73 (Rancho Ca.) Assessor's Parcel Number: 921-480-008
27415 Enterprise Circle West, Temecula. CA 92590
2. Authorize the Director of the Department of Facilities Management or his
designee to execute the necessary documents to complete the conveyance of
the properties and improvements.
BACKGROUND: When the cities of Moreno Valley (1984) and Temecula (1989) were
incorporated, fire protection services no longer fell under the County's responsibility.
However, due to the burdensome task associated with providing such services born by a
young city, cooperative agreements were put in place whereby the County wourd
continue providing fire protection services under contract out of these locations with the
und""",;a"ding that in the future these facilities would be transferred to their respective
City's direct control. By conveying these fire station properties, the County Fire
Department will be relieved of cost, maintenance responsibilities and liabilities
associated with property ownership_ These stations were built utilizing developer fees
and property taxes collected from the same community in which these stations currently
serve and as such should be transferred to the City at n., cost.
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11/14105
9.762 24
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1 Board of Suoervisors
Countv of Riverside
2
3
RESOLUTION NO. 2005490
AUTHORIZATION TO CONVEY REAL PROPERTY
FIRE STATIONS NO. 58, 65 and 73
CITIES OF MORENO VALLEY AND TEMECULA
BE IT RESOLVED. FOUND, DETERMINED, AND ORDERED by the Board of
Supervisors of the County of Riverside, State of Califomia. in regular session
assembled on November 22. 2005. and NOTICE IS HEREBY GIVEN. PURSUANT to
Section 25365 of the Government Code, that this Board authorizes the conveyance of
three (3) fire station pro....,. ;;"" in that certain real ....u.....tty in the County of Riverside.
State of Califomia at or after November 22. 2005 to the City of Moreno Valley (2).
known as Assessor's Parcel Numbers: 478-262-005 & 485-042-029 and the City of
Temecula (1), known as Assessor's ParCli'1 Number: 921-480-008; described in Exhibit
A pages 1 through 3 attached here to and made a part hereof.
BE IT FURTHER RESOLVED that the Director of Facilities Management or his
19
designee is authorized to execute the necessary documents to complete the
20
conveyance of the land and improvements.
21
BE IT FURTHER RESOLVED AND DETERMINED that the Chairman of the Board of
Supervisors of the County of Riverside is authorized to execute the documents to complete
the sale_
ROLL CALL:
22
25
Ayes:
Nays:
Absent:
Buster,
None
None
Tavaglione. Stone. Wilson and Ash~#l=-
NOV 1 5 2005
S'(3. ;-~ r...A-z.--.-
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11/22/05 3.7_
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Order No. R-91Z1S3-66
,
.
EXHIBIT "A"
l1lI! LAND RI!PERllED TO Il\I TIllS REPORT IS SITUATED Il\Il1lI! STATE OF CALIFORNIA, COUNTY OF RIVERSIDE AND IS
DESCRIBED AS FOLWWS;
TIiATPORTION OF LOT 5 IN BLOCK 90, IN THE COUNTY OF RlVERSIDE, STATE OF CALIFORNfA, AS SHOWN ON MAl' OF
TIffi BEAR VALLEY AND ALESSANDRO DEVELOPMENT COMPANY, AS PER MAl' RECORDED IN BOOK 1] PAGE 10 OF MAl'S,
IN TIffi OFFICE OFum COUNTY RECORDER OF SAID COUNTY, CALIFORNIA, DESCRlBED AS FOLLOWS:
BI!GINNINO AT l1lI! INTERSECTION OF TIlE CENTER. LINE OF MOI\ENO BEACH DRIVE AND BAY AVENUE, SAID POINT
BBINGTHB SOUnIWEST CORNER OF SAJDWT5;
THENCE NORTIlERL Y ALONG SAID '-"" ."" LINE OF MORENO BEACH DRIVe. A DISTANCE 0F321.40 FEET;
TIIENCE EA8TERL Y PARALLEL TO SAID CENTER L",'E OF BAY AVENUE, A DISTANCE OF 406.60 FEET;
,
-'
"""'''''' SOUlHERLY PARAlLIlL TO SAID ""'''''''' LINE OF MOI\ENDBEACH DIUVE,ADISTANCE OF 321.40 FElITTO TIlE
SAID........ ..", LINE OF BAY AVENUE;
1lIBNCB WESTERLY AWNG SAID CENTERLINE OF BAY A V1lNlJS, A DISTANCE OF 406.60 FEETTO TIlE POINT OF
BEGINNING.
TO"""u", WJ1lJTIiATPORnON OF BAY AVENUE AS VACATED BY TIlE BOARD OF SllPllRVISORS BY RESOLtmON NO.
84-164 RECORDBD MAY 25, 1984 AS INSTRUMENT NO. 112775, OFFICIAL RECORDS.
"",-", ""... TIlERBFROM mAT PORTION OF SAID LAND CONVEYED TO l1lI! COUNTY OF lUVERSIDE FOR ROAD PUlU'OSES
BY TIlA T GRANT DEED Ilo...u"""u OCTOBER 18, 1971 AS INSTRUMllNTNO. 118515, OFFICIAL RECORDS.
Ap,.v: 179. "z6Z . ()OS
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ITEM NO.5
II
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Approvals
City Attorney
Director of Finance
City Manager
fN-r-
OJ!..
98
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Mitch Aim, Chief of Police
DATE:
June 27, 2006
SUBJECT:
California Department of Justice - Drug & Alcohol AnalysislFingerprinting
PREPARED BY:
Heidi Schrader, Management Analyst
RECOMMENDATION:
That the City Council:
1. Approve a three year agreement with the California Department of Justice in the
amount of $210,000 for fingerprinting services.
2. Approve an open term agreement with the California Department of Justice for drug
and alcohol analysis and an annual expenditure of $28,000 plus a 10% contingency in FY
06/07.
BACKGROUND: In Julyof 2001, the City of Temecula entered into an open agreement
for drug and alcohol testing with the California Department of Justice (DOJ) which was signed by the
City Manager. The amount of service has increased since the original agreement, with expenditures
exceeding $25,000. It is therefore necessary to enter a new agreement with the Department of
Justice. The Department of Justice forthe drug and alcohol services has requested an agreement
with an open term and amount. As such the City Council's action on this matter will establish an
expenditure limit of $28,000 plus a 10% contingency for the drug and alcohol services in FY
2006/07. The fingerprint agreement is for a three year term and a total contract amount of
$210,000.
The drug and alcohol testing services provided by the DOJ include analysis of blood and urine
samples, alcohol breath testing, and administrative and logistical support offield alcohol tests. This
agreement also provides staff training of certified breath test operators, consultation, and expert
testimony. The DOJ bills the City of Temecula for analysis requested of DOJ by a law enforcement
agency within the Temecula City limits. Law enforcement agencies which may conduct these tests
include the Temecula Police Department, Murrieta Police Department, California Highway Patrol,
and the Riverside County Sheriff's Department. Each year the Riverside County District Attorney's
office reimburses the City approximately 100% for all DUI testing services conducted in the prior
year.
All processing services for LiveScan fingerprinting are provided by the DOJ. The Human Resources
Department utilizes LiveScan services to perform background checks on all new employees. The
Police Department conducts LiveScan fingerprinting out of the Old Town Storefront as a service to
the community. Applicants pay the DOJ fee along with a $10 service fee which offsets
administrative costs. In fiscal year 2005 approximately $55,000 were collected in fingerprint fees.
FISCAL IMPACT: Adequate funds exist within the 2006-07 Police Department and
Human Resources budgets to purchases these services from the Department of Justice in this fiscal
year (001-170-999-5324, 001-170-999-5328, and 001-150-999-5250). For the remaining two years
of the Fingerprinting agreement, budget funds will be adequately set aside from the Human
Resources and Police Departments.
ATTACHMENTS:
Standard Agreement for Drug and Alcohol Analysis
Standard Agreement for Fingerprint Services
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
AGREEMENT NUMBER
06-210014-01
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
AGENCY'S NAME
City of Temecula
CONTRACTOR'S NAME
DEPARTMENT OF JUSTICE
2. The term of this Agreement is:
May 23, 2006
through
Continuous
3. The maximum amount of this Agreement is:
$ Open
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A - Scope of Work
page(s) 2
Exhibit B - Budget Detaii and Payment Provisions
page(s) 3 & 4
Exhibit C* - General Terms and Conditions
GTC-304
page(s) 5
Exhibit D - Speciai Terms and Conditions (Attached hereto as part of this Agreement)
Page(s) 6 & 7
Items shown with an Asterisk ("), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www.ols.dQ"s.ca.P"Ov/Standard+LanQUav.e
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
California Department of General
Services Use Only
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.)
CALIFORNIA DEPARTMENT OF JUSTICE
BY (Authorized Signature)
I DATE SIGNEO(1J, n,' (Yp')
J6
PRINTED NAME AND TITLE OF PERSON SIGNING
DEBORAH MERRILL, CHIEF, Accounting Office
ADDRESS
1300 I Street
Sacramento, CA 95814
AGENCY
AGENCY NAME
City of Temecula
BY (Authorized Signature)
I DATE SIGNED(1J, ""(Yp')
iX
PRINTED NAME AND TITLE OF PERSON SIGNING
Mayor
. ADDRESS
I D Exempt per:
City of Temecula
06-210014-01
Page 2 of 7
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
1. City of Temecula agrees to provide to the Department of Justice (DOJ) as described
herein:
This Agreement is hereby entered into by and between the State of California,
Department of Justice, hereinafter referred to as "DOJ" or Contractor, and the City of
Temecula, a political subdivision of the State of California, hereinafter referred to as
"City", for the purpose of DOJ to provide alcohol analysis services for the City.
2. Terms of Agreement and Amendment Clause:
The term of this Agreement shall be effective May 23, 2006, and will
continue until (1) written notice is received stating this agreement is cancelled;
and (2) the agency discontinues requesting the services. This Agreement may
be amended in writing and not otherwise by mutual agreernent of the parties
hereto.
3. The project representatives during the term of this Agreement will be:
I
I Name:
I Phone:
I
AGENCY
I CONTRACTOR
Mary Hoffman
I (916) 319-8290
I
Direct all inquiries to:
I
I Aqency:
I Section/Unit:
I Attention: I City Mayor
I Address: I P.O. Box 9033
I City/State/Zip: Temecula, CA 92589-9033
I Phone: (951) 694-6444
I Fax: (951) 694-6499
AGENCY
City of T emecula
I CONTRACTOR
Department of Justice
I MSB/Research
I Mary Hoffman
I P. O. Box 161089 I
Sacramento, CA 95816-1089 I
(916) 319-8290 I
(916) 319-9428 I
4. Responsibilities of DOJ:
Services shall be provided by the laboratories of the Bureau of Forensic
Services, California Department of Justice, and shall be in accordance with
Exhibit B, which by this reference, is hereby incorporated into this Agreement.
City of T emecula
06-210014-01
Page 3 of 7
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
Payment for Services:
DOJ agrees to provide and the City of Temecula agrees to pay for the following
services:
· The cost of analysis will be included as part of the uniform fee of $35.00 charged
per subject tested;
. Laboratory analysis of blood and urine samples for alcohol;
. Provision of breath alcohol testing program utilizing approved breath testing
instrument(s);
· Upon request, blood and urine sample containers, envelopes and mailers as
provided by DOJ;
· Administrative and logistical support of field breath alcohol tests utilizing the
breath instrument including all associated accessories and supplies;
. Provide and maintain breath test instruments at established locations and new
locations as caseload warrants. This service includes complete instrument repair
services as required;
. Consultation and expert testimony on the technical aspects of all analysis
performed including the interpretation of the results relative to driving impairment
on cases analyzed by DOJ; and
. Training and retraining of certified breath test instrument operators to establish
and maintain their proficiency as required by Tille 17, California Code of
Regulations.
City of T emecula
06-210014-01
Page 4 of 7
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
Invoicina:
DOJ shall send monthly invoices to the City of Temecula noting number of tests
conducted for the police department as well as the California Highway Patrol within the
city limits, month/year tests were conducted and total amount due to:
Accounts Payable
City of T emecula
P.O. Box 9033
Temecula, CA 92589-9033
Payments shall be submitted to:
Department of Justice
Accounting Services
P. O. Box 944255
Sacramento, CA 94244-2550
City of T emecula
06-210014-01
Page 5 of 7
EXHIBIT C
(Standard Agreement)
GENERAL TERMS AND CONDITIONS
PLEASE NOTE: The General Terms and Conditions will be included in the Agreement
by reference to Internet site: www.ols.das.ca.aov and click on Standard Language.
Please read the terms and conditions that are applicable to this Agreement by accessing
the above-referenced website. (Please note that there may be several different versions
of the Terms and Conditions on the website. Refer to page one of this Agreement to
find the date and number of the Terms and Conditions that are applicable to this
Agreement). By signing this Agreement you are agreeing to be bound by these Terms
and Conditions.
If you do not have access to the Internet, please contact the Department of
Justice contact person listed in Exhibit A of this Agreement and a copy of the
General Terms and Conditions will be sent to you.
City of Temecula
06-210014-01
Page 6 of 7
EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
Examination and Audit:
The Contractor parties of this Agreement shall be subject to the examination and
audit of the State of California, Bureau of State Audits and the Department of Justice,
Internal Control and Audits Program for a period of three (3) years after final payment
under the terms and conditions to those matters connected with the performance of this
Agreement, including, but not limited to, the costs of administering this Agreement.
Termination:
Either party may terminate this Agreement by giving the other party thirty (30)
days written notice to the effective date of such termination. DOJ may terminate the
performance of services under this Agreement in accordance with this clause in whole
on thirty (30) days written notice to the City.
Whenever payment has not been received for services rendered within 90 days
of invoice date, DOJ shall no longer perform services referenced on Exhibit A until all
outstanding invoices have been paid in full.
After such receipt of a notice of termination and except as otherwise directed by
the DOJ, services provided under this Agreement shall stop on the date and to the
extent specified in the notice of termination.
In the event this Agreement is terminated by the City, DOJ shall be compensated
for services completed to the date of termination based upon the compensation rates,
together with such additional services performed after termination which are authorized
by the City to complete the work performed to date'of termination.
DisDutes:
Any dispute concerning a question of fact arising under the terms of this
Agreement, which is not disposed of within a reasonable period of time by the City and
DOJ employees normally responsible for the administration of this contract, shall be
brought to the attention of the DOJ Contract Administrator and City Contact Person for
joint resolution. The City and DOJ agree to continue to carry out all other
responsibilities under this Agreement not affected by the dispute.
City of Temecula
06-210014-01
Page 7 of 7
EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
Conflict with Existina Law:
The Contractor and the City agree that if any provision of this Agreement is found
to be illegal or unenforceable, such term or provision shall be deemed stricken and the
remainder of this Agreement shall remain in full force and effect. Either party having
knowledge of such terms or provision shall promptly inform the other of the presumed
non-applicability of such provision. Should the offending provision go to the heart of this
Agreement, this Agreement shall be terminated in a manner commensurate with the
interest of both parties, to the maximum extent reasonable.
Governina Law:
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
Validitv:
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.
THIS AGREEMENT IS OF NO FORCE AND EFFECT UNTIL SIGNED BY BOTH
PARTIES AND ALL APPROVALS ARE SECURED.
STATE OF CALIFORNIA
STANDARD AGREEMENT
sm 213 (Rev 10/03)
I AGREEMENT NUMBER
IA :/t1
__._' ._~_ I REGISTRATION NU~BER
1. This Agreement is entered into between the Slate Agency and the Contractor named below:
I
J
STATE AGENCY'S NAME
City of Temecula
CONTRACTOR'S NAME
Department of Justice (DOJ)
2. The term of this
Agreement is: July 1, 2006 through June 30, 2009
3. The maximum amount
of this AQreement is: $ 210.000
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A - Scope of Work 2 page(s)
Exhibit B - Budget Detail and Payment Provisions
Exhibit B - Invoicing and Payment Provisions
Exhibit C' - General Terms and Conditions
Indicate Exhibits beiow:
o Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement)
o
pagels)
1 page(s)
pagels)
Items shown with an Asterisk t), are hereby incorporated by reference and made parf of this agreement as if attached hereto.
These documents can be viewed at www.o/s.dgs.ca.gov/Standard+Language
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
California Deparlment of General Services Use (
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.)
Department of Justice (DOJ)
BY (Authorized Signature)
25 J~L~'~'
PRINTEO NACME AND TITLE OF PERSON SIGNING
Deborah Merrill, Chief, Accounting Office
AOORESS
1300 I Street, Room 810
Sacramento, CA 95814
I DATE SIGNED(Do not type)
JUN 1 2 2006
STATE OF CALIFORNIA
AGENCY NAME
The City of T emecula
BY (Authorized Signature)
I DATE SIGNED(Do nol !yP')
-?\
PRINTED NAME AND TITLE OF PERSON SIGNING
Ron Roberts, Mayor
ADDRESS
43200 Business Park Drive
Temecula. CA 92590
- -- ~
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I 0 Exempt per:
City ofTemecula IA#1
Billing Number 142756
Page 1 of2
EXHIBIT A
(Interagency Agreement)
SCOPE OF WORK
The City of Temecula, hereinafter referred to as the City and the Department of Justice, hereinafter referred to as
DOJ, hereby enter into this Interagency Agreement for the purpose of submitting fingerprint images and related
information electronically and having the DOJ provide the City with DOJ and FBI Criminal Offender Record
Information (CORI).
1. DOJ RESPONSIBILITIES:
(A) The DOJ is responsible to receive and process the City CORI requests via electronic submissions. The
DOJ shall provide the City with the following information when the DOJ receives and processes CORI
requests submitted by the City, for the City:
. DOJ CORI or a no record response for initial submissions and subsequent arrest notifications
(if authorized)
. FBI Volunteer CORI or a no record response for initial submissions (as applicable)
(B) The DOJ is responsible to receive and process CORI requests submitted by the City, on behalf of an .
applicant andlor an applicant agency. The DOJ shall provide the applicant andlor the applicant agency with
the CORI requested and submitted through the City.
2. THE CITY RESPONSIBILITIES: The City will request CORI electronically. The City is statutorily authorized to
request and receive CORI. Accordingly, the DOJ will deal exclusively with the City for all issues associated
with these responses.
The City agrees to maintain the confidentiality of all information submitted to the DOJ and of all DOJ and FBI
no record responses or CORI received from the DOJ. The City, any official or employee of the City, shall not
divulge any State or Federal level CORI information provided by the DOJ, except upon written authorization of
the DOJ.
The City, if operating a live scan device, will also be responsible for payment if their live scan operator fails to
input a billing or customer number or inputs an incorrect billing or customer number and(or applicant agency
information, and the DOJ cannot determine which agency should be billed for the transaction.
3. The contact representatives during the term of this eo", ee" ,ent will be:
Proqram Inauiries:
Requesting Agency:
The City of Temecula
I Providing Agency:
Department of Justice,
Bureau of Criminal Identification and Information
Name: To Be Determined
Phone: (916\ 227-3862
Fax: (916\.227-1149
E-mail: i!ildoi.ca.gov
Name: Heidi Schrader
I Phone: (951\693-3923
I Fax: (9511694-6499
I E-mail: Heidi.Schrader(ii)citvoftemecula.orq
Contract in~lUiries:
Requesting Agency:
The City of Temecula
Name: Accounts Payable
Phone: .1951 t 694-6444
Fax: (951) 694-6430
E-mail:
. Providing Agency:
Department of Justice,
Bureau of Criminal Identification and Information
Name: To Be Determined
Phone: (916) 227-3862
Fax: (916) 227-1149
I E-mail:
City ofTemecula IA#1
Billing Number 142756
Page 20f 2
4. Either party reserves the right to terminate this agreement without cause upon thirty (30) days written notice to
the other party. No amendment or variation of the terms of this agreement shall be valid unless made in
writing, signed by both parties, and approved as required. An oral understanding or agreement that is not
incorporated into this agreement is not binding on either of the parties.
5. This agreement shall be subject to the examination and audit of the California State Auditor for a period of
three years after final payment under this Interagency Agreement (Government Code Section 10532).
This agreement shall be governed by the laws of the State of California and shall be interpreted according to
California law.
EXHIBIT B
(Interagency Agreement)
City of Temecula IA#1
Billing Number 142756
Page 10f2
Invoicino and Pavment Provisions
Invoicino
Under the provisions of Penal Code section 11105, the DOJ is authorized to charge agencies requesting CORI a
fee sufficient to cover the cost of processing. II is understood that CORI requests will be processed by the DOJ, at
the rates established by State and Federal agencies. These rates are subject to change with 30 days written
notice.
Current CORI costs and related fees:
I State level response
I Federal level response
I Federal level resl?onse (volunteer)
California Child Abuse Index (CACIl
I Trustline CACI
I Adoption CACI
I Peace Officer Carrv Concealed Weapon (CCW)
I Emplovment CCW
I Private Patrol/Securitv Guard CCW
I Standard CCW
I JudQe CCW
I ReservelCustodial Peace Officer CCW
FinQergrint Roller Certification
DOJ FinQergrint RollinQ Fee
Record Review
Expedite Fee
I DSS Fee
I CS DSS Fee
$32
$24
$18
1$15
1$15
1$15
1$19
$22
1$38
1$44
1$66
1$88
1$25
1$10
1$25
1$10
1$10
1$20
Iv"
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CORI submissions specific to the
the City, as delineated in
paragraph 1 (A) of Exhibit A, are
indicated here with V".
The City agrees to compensate the DOJ for services rendered upon receipt of the DOJ invoice. All invoices will
state the services provided, the time period covered and the billing or customer number, 142756, with a tear-off
bottom that must be returned with payment. The City is responsible for the use of its billing account number. All
costs associated to the billing account number will be the responsibility of the City, and reflected in the DOJ
invoice. The total amount payable for each invoice shall not exceed the sum of the costs for each CORI request
submitted for the period covered by the invoice, excluding corrections other changes or amounts overdue.
The DOJ will mail invoices to the following address:
City of Temecula
ATTN: Accounts Payable
P.O. Box 9033
Temecula, CA 92589-9033
City of Temecula IA#1
Billing Number 142756
Page 20f 2
Budaet Continaencv Clause
It is mutually agreed that if the Budget Act of the current year andlor any subsequent years covered under this
Interagency Agreement does not appropriate sufficient funds for the program, this Interagency Agreement shall be
of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the
Contractor or to furnish any other considerations under this Interagency Agreement and the Contractor shall not
be obligated to perform any provisions of this Interagency Agreement.
If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall
have the option to either cancel this Interagency Agreement with no liability occurring to the State, or offer an
agreement amendment to the Contractor to reflect the reduced amount.
Promot Pavment Clause
This is an agreement to pay the processing fees associated to the transmission of electronic criminal offender
record information requests, including fees incurred by duplicate transmissions or other errors on the part of the
City or its representative(s).
The City agrees to compensate the DOJ monthly, in arrears, upon receipt of an invoice, computed in accordance
with the State Administrative Manual Section 8752 and 8752.1.
Nothing herein contained shall preclude advance payments pursuant to Article I. Chapter 3, Part 1, Division 3, Tille
2, of the Government Code.
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ITEM NO.6
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Approvals
City Attorney
Director of Finance
City Manager
p..r
1//2.
tji7
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Mitch Aim, Chief of Police
DATE:
June 27, 2006
SUBJECT:
First Amendment to Agreement for Law Enforcement Services
PREPARED BY:
Heidi Schrader, Management Analyst
RECOMMENDATION: That the City Council approves the First Amendment to the agreement
for Law Enforcement Services between the County of Riverside and the City of Temecula to include
hiring one additional Patrol and four Community Service Officers.
BACKGROUND: The City of Temecula has contracted with the County of Riverside
Sheriff's Department for law enforcement services since incorporation. On June 28, 2005 the City
Council approved the existing five-year contract for law enforcement services with the County of
Riverside bringing the total number of sworn officers to 96.
The First Amendment will add an additional one Patrol Officer and four Community Service Officers.
The Patrol Officer is being added in anticipation of funding through the Indian Gaming Special
Distribution Fund (SDF) allocation of $151 ,000. The four Community Service Officers are being
added to handle many of the calls currently addressed by Patrol Officers at one third the cost. This
will allow our Patrol Officers to respond faster to emergencies and concentrate on more critical call
types.
The cost of the additional Officers has been included in the Fiscal Year 2006-2007 Operating
Budget. It is also anticipated that the County Sheriff's Department will increase supervisory
positions by one Sergeant and one Lieutenant due to this increase in the total number of contracted
positions. This addition of personnel will increase the total number of sworn officers from 96 to 99.
FISCAL IMPACT: The annual cost associated with the one Patrol and four Community
Service Officers will be $463,517 and has been included in the Fiscal Year 2006-2007 Police
Department Operating Budget. It is anticipated that $151 ,000 will be offset by SDF revenue.
ATTACHMENTS: First Amendment to Agreement for Law Enforcement Services
between County of Riverside and City of Temecula.
ORIGH\lAL
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FIRST AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT
SERVICES BETWEEN COUNTY OF RIVERSIDE AND
CITY OF TEMECULA
IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the
County of Riverside and the City of Temecula, approved by the Board of Supervisors on July 26,
2005, for services effective July 1,2005 through June 30, 2010, is hereby amended in the following
respects only:
1. Attachment A is amended to read as follows:
ATTACHMENT A
CITY OF TEMECULA
LEVEL OF SERVICE
Average Patrol Services
175.6 supported hours per day. (Approximate equivalent of thirty-six (36) Deputy
Sheriff positions @ 1,780 annual productive hours per position standard.)
Dedicated Positions
One (I) Sheriff s Lieutenant
Two (2) Sheriffs Sergeant positions
Two (2) Deputy Sheriff (fully supported) positions-Special Enforcement Team
Ten (10) Deputy Sheriff (fully supported) positions-Community Policing Team
Eighteen (18) Deputy Sheriff (fully supported) positions-Traffic/Motorcycle Team
One (I) Deputy Sheriff (fully supported) position-K-9 Deputy
One (I) Deputy Sheriff (fully supported) Southwest Corridor Task Force
Four (4) Deputy Sheriff (unsupported) positions-School Resource Officers (year-round)
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Seventeen (17) Community Service Officer II positions
One (I) Community Service Officer I position
2. The Agreement for Law Enforcement Services between the County of Riverside and the
City ofTemecula, shall remain in full force and effect and enforceable for all purposes except for the
revisions set forth in this First Amendment.
IN WITNESS WHEREOF, the City ofTemecula, by minute order or resolution duly adopted
by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by
its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this
Agreement to be signed by the Chairman of said Board and sealed and attested by the Clerk of said
Board, all on the dates indicated below.
CITY OF TEMECULA
Dated:
By:
Mayor
ATTEST:
Name
Title
By:
COUNTY OF RIVERSIDE
By:
Chairman, Board of Supervisors
Dated:
ATTEST:
Nancy Romero
Clerk of the Board
By:
Deputy
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FORM AP1'ROVED COUNty COUNSEL
JUN 1 2006
BY
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ITEM NO.7
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Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Anthony Elmo, Director of Building and Safety
DATE:
June 27, 2006
SUBJECT:
Agreement for Contract Inspection Services for P & D Consultants
PREPARED BY:
Diane Ball, Administrative Assistant
RECOMMENDATION: That the City Council approves:
1. An Agreement for Consultant Services with P & D Consultants in an amount not to exceed
$156,000.
BACKGROUND: P & D Consultants has provided supplemental building inspection services to
the Building and Safety Department for the past several years. During this time we have continued
to have a need for experienced certified building inspectors to supplement our regular inspection
staff in dealing with the high volume of construction activity. With the advent of the Education
Center and Guidant expansion occurring in this next fiscal year, staff feels that supplemental
inspection services is warranted.
FISCAL IMPACT: There are currently budgeted funds in the Fiscal Year 2006-2007 Operating
Budget Account No. 001-162-999-5250 "Other Outside Services", for this purpose.
ATTACHMENTS:
P & D Consultants Agreement.
CITY OF TEMECULA
AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT, is made and effective as of July 1, 2006 between the City of
Temecula, a municipal corporation, and P & D Consultants. In consideration of the mutual
covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 1, 2006 and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2007 unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the tasks described and set forth in
Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall
complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE. Consultant shall at all times faithfully, competently and to
the best of his or her ability, experience and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated
herein by this reference as though set forth in full, based upon actual time spent on the above tasks.
This amount shall not exceed one hundred fifty six thousand dollars ($156,000) for the total term of
the Agreement unless additional payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Consultant at the time City's written authorization is given to Consultant for the
performance of said services.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted on or about the first business day of each month, for services provided
in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to
all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to
Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
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 orterminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3.
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6. DEFAUL T 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, surveys,
notes, and other documents prepared in the course of providing the services to be performed
pursuant to this Agreement shall become the sole property of the City and may be used, reused or
otherwise disposed of by the City without the permission of the Consultant. With respect to
computer files, Consultant shall make available to the City, upon reasonable written request by the
City, the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
c. With respect to the design of public improvements, the Consultant shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Consultant.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which
the City, its officers, agents and employees may sustain or incur or which may be imposed upon
them for injury to or death of persons, or damage to property arising out of Consultant's negligent or
wrongful acts or omissions in performing or failing to perform under the terms of this Agreement,
excepting only liability arising out of the negligence of the City.
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9. PROHIBITED INTEREST. No member, officer, or employee of the City of
Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the
proceeds thereof during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board
member, office or employee of the City of Temecula has any interest, whether contractual, 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.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
(4) Errors and omissions liability insurance appropriate to the
consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
(4) Errors and omissions liability: $1,000,000 per occurrence.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
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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) Anyfailure 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. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City.
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 or agents shall have control over the conduct of Consultant or any of
Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall
not at any time or in any manner represent that it or any of its officers, employees or agents are in
any manner officers, employees or agents of the City. Consultant shall not incur or have the power
to incur any debt, obligation or liability whatever against City, or bind City in any manner.
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b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of
State and Federal laws and regulations which in any manner affect those employed by it or in any
way affect the performance of its service pursuant to this Agreement. The Consultant shall at all
times observe and comply with all such laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply
with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the City Manager or unless requested by the City Attorney, voluntarily provide
declarations, letters of support, testimony at depositions, response to interrogatories or other
information concerning the work performed under this Agreement or relating to any project or
property located within the City. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
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:
To City:
City of Temecula
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Clerk
To Consultant:
P & D Consultants
999 Town & Country Road
4th Floor
Orange, CA 92868
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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.
16. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this
Agreement, the prevailing party as determined by the Court, shall be entitled to actual and
reasonable attorney fees and litigation costs incurred in the litigation.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Bv
Ron Roberts, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSUL TANT
P & D Consultants
Bv
Steven L. Patterson, Associate V.P.
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EXHIBIT A
TASKS TO BE PERFORMED
Perform combination building inspection on an as-needed basis.
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EXHIBIT B
PAYMENT SCHEDULE
For and in consideration of the Contractor's services, inspection services shall be provided at the
rate of $75.00 per hour, plus $.36 per mile for each mile accumulated while performing inspection
services for the City. Should the City provide vehicular transportation for Contractor's use, no fees
shall be charge for mileage.
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ITEM NO.8
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City Attorney
Director of Finance
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
June 27,2006
SUBJECT:
Agreement for Consulting Services Between the City of Temecula and
Community Works Design Group
PREPARED BY:
Dale West, Associate Planner
RECOMMENDATION: That the City Council approve the Contract with Community Works
Design Group to perform landscape plan check and inspection services in the amount of $1 00,000.
BACKGROUND: The Community Development Department's Planning Division has for
the past twelve 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, 2006 and PELA
has informed the City that they do not wish to renew their contract at this time.
A joint Request for Qualification (RFQ) for landscape plan check and inspection services was issued
on May 17, 2006. Three landscape architectural firms responded to the RFQ and were interviewed
for their experience with and ability to provide services for the City.
The landscape architectural firm of Community Works Design Group was selected to perform
landscape plan check and inspection services for the Planning Department.
Staff would like to note that the landscape review services are provided on a cost recovery basis.
Fees paid by applicants during the development review process are paid to the General Fund, which
offsets the invoices amounts paid by the City to the landscape review contractor.
FISCAL IMPACT: Adequate funds have been budgeted in the Fiscal Year 2006-07
Annual Operating Budget for the Planning Department.
ATTACHMENTS:
Agreement for Consulting Services
AGREEMENT
FOR CONSUL TANT SERVICES
BETWEEN THE CITY OF TEMECULA
AND COMMUNITY WORKS DESIGN GROUP
THIS AGREEMENT is made and effective as of July 1, 2006, between the City of
Temecula, a municipal corporation ("City") and Community Works Design Group ("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 1,2006, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2007, 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 and complete the services and tasks
described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in
full.
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 thirty (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 orterminates
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. DEFAUL T 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 ten (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
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 Scooe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 0001 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees.
(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1 ,000,000) peraccidentfor
bodily injury or disease.
(4) Professional Liability coverage: One million dollars ($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) Anyfailure 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. 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. 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.
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 overthe 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 anyway 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.
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:
Community Works Design Group
4649 Brockton Avenue
Riverside, CA 92506
Attention: Timothy I. Maloney
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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSUL TANT
Community Works Design Group
4649 Brockton Avenue
Riverside, CA 92506
Attention: Timothy I. Maloney
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
EXHIBIT A
PLANNING DEPARTMENT LANDSCAPE PLAN CHECK AND INSPECTION SERVICES
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.
Development Review Committee Review - Plans submitted by the applicant at this stage are
conceptual
1. The Consultant will pick up plans at the City two times per week (preferably on Monday
and Thursday). Two sets of landscape plans along with one copy of the conceptual
grading plan, architectural site plan and architectural elevations will be made available to
the Consultant to assure that landscaping is compatible with the architecture and
appropriate for the proposed grading.
The Consultant may be required to meet with the project planner to discuss the project
or visit the site prior to beginning the review. This option will be left up to the individual
planner.
2. The Consultant will review the plans to verify consistency with the City Development
Code, other Ordinances and the Citywide Design Guidelines. A site visit may be
necessary to become familiar with the site and surrounding area. One set of plans will
be redlined with comments notifying the applicant of necessary revisions 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 crosschecked
against the architectural and grading plans.
3. The Consultant will return one set of redlined plans along with plan check comments to
the project planner within 14 days of receipt of the first submittal and seven days for the
second and third submittal. On Fast-track projects, Consultant will complete conceptual
reviews within four calendar days. Plan check comments will also be sent to the project
planner via e-mail for use by the City. One set of plans will be kept on file at the
Consultant's office so that if questions arise from either the project planner or the
applicant, the Consultant with full knowledge of the project can provide answers.
4. Once the applicant has resubmitted revisions, the Consultant will pick up the plans at the
City and re-check them for conformance. 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 redlined
again and returned to the applicant for revisions. Conceptual Landscape Plans that
have been substantially changed from the original submittal will be subject to an
additional fee.
c:\ WINDOWS\ap~Joc\nettemp\1152 $ASQpJf8()9104.Joc
EXHIBIT A
PLANNING DEPARTMENT LANDSCAPE PLAN CHECK AND INSPECTION SERVICES
Construction Documents Review
1. The Consultant will pick up plans at the City two times per week (preferably on Monday
and Thursday). Two sets of landscape construction plans, one copy of the approved
conceptual landscape plan, conditions of approval, and final precise grading plan at the
City to verify consistency with the City Development Code, other Ordinances, Citywide
Design Guidelines, the approved conceptual landscape plan and conditions of approval.
One set of landscape construction plans will be redlined 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 crosschecked
against the final precise grading plans.
2. The Consultant will return one set of redlined plans along with plan check comments to
the project planner. Plan check comments will also be sent to the project planner via e-
mail. Comments/red lines shall be returned to the project planner within two weeks after
notification of plan pick up. Comments shall also be 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 Comments shall be in both digital (by E-mail) and hard
copy format. One set of plans will be kept on file at the Consultant's office so that if
questions arise from either the project planner or the applicant, the Consultant with full
knowledge of the project can provide answers.
3. Once the applicant has resubmitted revisions, the Consultant will pick up the plans at the
City and re-check them for conformance. 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 redlined
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, professional
norms, and approved landscape plans. Plan checks beyond the third check will be
subject to an additional fee.
4. The Consultant will review the cost estimate and notify the project planner that the
estimate is appropriate for bonding requirements.
Landscape Inspection
Two landscape inspections will be performed for each project. The first landscape inspection
will include a pressure test of the main line and an irrigation coverage test. The second
landscape inspection will be performed once the landscaping installation is complete to assure
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, the Consultant will
send a copy of the report to the applicant/contractor so that they will know which items need
correction or completion. Each landscape inspection will be billed at the agreed upon rate.
Inspections will be completed in no less than three (3) working days after notification.
c:\ WINDOWS\ap~Joc\nettemp\1152 $ASQpJf8()9104.Joc
EXHIBIT A
PLANNING DEPARTMENT LANDSCAPE PLAN CHECK AND INSPECTION SERVICES
Landscape Architectural Resources
The Consultant shall be available to act as a resource for City staff responding to general
questions or questions regarding specific projects. Should staff require other tasks to be
performed, the Consultant shall provide services based on a mutually agreed upon flat fee.
Attendance at Meetings
The Principal Landscape Architect shall be available to attend Development Review Committee
and Planning Commission meetings as requested by City of Temecula Planning Staff based on
an agreed upon fee.
c:\ WINDOWS\ap~Joc\nettemp\1152 $ASQpJf8()9104.Joc
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.
1.
Conceptual Plan Review
FLAT FEE OF $250.00
Multiple reviews will be covered under the initial conceptual review cost, unless
substantial changes to the conceptual landscape plan have been made by the applicant
that are not as a result of the comments from the Consultant. Additional conceptual
reviews for plans that have substantially changed will be billed at the flat rate fee.
2. Construction Plan Review
The following fees are based on reviewing a maximum of three 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
3. Landscape Inspection
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
FLAT FEE OF $250.00NISIT
b.
Irrigation Inspection (First Inspection)
Landscape Construction Inspection
(Second Inspection)
a.
4. Landscape Architectural Resource
FLAT FEE OF $250.00NISIT
Attendance at Development Review Committee and Planning Commission meetings will
be performed at the flat fee rate of $250/meeting.
Should staff require other tasks to be performed, services will be based on our hourly
rates or a mutually agreed upon flat fee based on the scope of work.
Fees for services other than those outlined above will be at our hourly rates unless
otherwise negotiated.
Pesent hourly rates are as follows:
Landscape Architect
$95.00/hour
Client#: 50745
TIMALON
~TM
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIYY)
06/13/06
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
HRH Professional Practice
Insurance Brokers, Inc.
2030 Main Street, Suite 350
Irvine, CA 92614-7248
II~SURERS AFFORDING COVERAGE
INSURED
INSURER A: Fidelity and Guaranty Insurance Undw
!INSURER B: St. Paul Protective Insurance Co.
I INSURER c: Ace American Insurance Company
I INSURER D:
I INSURER E:
T.I. Maloney, Inc.
Dba: Community Works Design Group
4649 Brockton Avenue
Riverside, CA 92506
I
COVERAGES
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
PO .ICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~:~ TYPE OF INSURANCE POLICY NUMBER 'Pgk~C.l,~~~g~ IP<6~r~ 1'i::Jo~wr LIMITS
A GENERAL LIABILITY BK01599085 09/01/05 09/01/06 EACH OCCURRENCE $1.000.000
X COM M ERCIAL GENERAL LIABILITY I FIRE DAMAGE (Anyone fire) $300.000
I CLAIMS MADE W OCCUR I MED EXP (Anyone person) $10,000
I PERSONAL & ADV INJURY $1,000,000
I GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE L1M IT APPLIES PER: I PRODUCTS -COM~OPAGG $2.000,000
I POLICY rXl ~r2,: nLOC
A AUTOMOBILE LIABILITY BK01599085 09/01/05 09/01/06 COMBINED SINGLE LIMIT
ANY AUTO (Ea accident) $1,000,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY
$
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
~ OCCUR D CLAIMS MADE AGGREGATE $
$
DEDUCTIBLE $
RETENTION $
B WORKERS COMPENSATION AND BW02148167 09/01105 09/011/06 X IT~~~T~JI~~ I IOTH-
I'R
EMPLOYERS' LIABILITY $1,000,000
E.L. EACH ACCIDENT
IE.L.DISEASE -EAEMPLOYEE $1,000,000
E.L. DISEASE - POLICY LIMIT. $1.000,000
C OTHER Professional EONN00917217 09/19/05 09/19/06 $1,000,000 PER CLAIM
Liability $1,000,000 AGGREGATE
DED: $10,000
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
ALL OPERATIONS. GENERAL LIABILITY: THE CITY OF TEMECULA, ITS OFFICERS,
OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED ADDITIONAL INSURED PI::R ENDT
ATTACHED.
CERTIFICATE HOLDER
I ADDmONAL INSURED; INSURER LETTER:
CANCELLATION Ten Day Notice for Non-Payment of Premium
SHOULD ANYOFTHEABCIVE DESCRIBED POLICIES BE CANCELLED BEFORETHEEXPtRATlON
DATE THEREOF, THE ISSUING INSURER W1MxnDXM: TO MAIL 3O.--DAYSWRITTEN
NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFTJCKIOl, ".,,; . .,t, , . ~,..,:J ,X
CITY OF TEMECULA
PO BOX 9033
Temecula, CA 92589-9033
J "I~. ~1li;'.J N~llil.',IIJ(I,.,II..~,I,;,I~j~I._M~a.1lIiGfCI&C)fk
I
ACORD 25-5 (7197>1 of 2
#S358316/M343399
),~I;' ..Iu'';' :. 1..JCIl'tIB{
AUTHORIZED REPRESENTATIVE ~':rh ~ -
UOl'tt/ pi /IL--
CCL @ ACORD CORPORATION 1988
Policy Number: BK01599085
Liability Coverage Enhancement -
Architects and Engineers
ENDOHSEMENT
ADDITIONAL INSURED: THE CITY OF TEMECULA, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
LIABILITY COVERAGE PART.
However, no person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture, limited liability company or
trust that is not shown as a Named Insured in the
Liability Coverage Part Declarations. This provision
does not apply to you, for your participation in any past
or present "unnamed joint venture", or if that person or
organization is otherwise an insured under Paragraph
2. below.
(2) "Bodily injury", "property damage", "personal
injury" or "advertising injury" for which such
person or organization has assumed liability
in a contract or agreement, except for liability
for damages that such person or organization
would have in the absence of the contract or
agreement;
1. The following replaces the final paragraph of SECTION II.
WHO IS AN INSURED, 1.:
113) "Property damage" to:
(a) Property owned, used or occupied by, or
loaned or rented to, such person or
organization;
2. The following is added to SECTION II. WHO IS AN
INSURED, 2.:
Person Or Organization Required By Written
Contract
(b) Property over which such person or
organization is for any purpose
exercising physical control; or
Any person or organization that you agree to add
as an insured under this Liability Coverage Part in
a written contract or agreement that is made
before, and in effect when, the "bodily injury" or
"property damage" occurs or the offense that
causes the "personal injury" or "advertising injury"
is first committed, but only with respect to that
person's or organization's liability arising out of
"your work" for that person or organization.
(e) "Your work" performed for the insured;
or
{4) "Bodily injury", "property damage", "personal
injury" or "advertising injury" arising out of any
architect's, engineer's or surveyor's rendering
of, or failure to render, any "professional
service", when such person or organization is
an architect, engineer or surveyor.
However, such person or organization is not an
insured with respect to any:
3. The following is added to SECTION II. WHO IS AN
INSURED:
"Unnamed Joint Venture"
(1) "Bodily injury", "property damage", "personal
injury" or "advertising injury" that does not
arise out of:
You ;are an insured for your participation in any past or
presEmt "unnamed joint venture".
(a) Your negligence; or
HowEwer, you are not an insured if the "unnamed joint
venture" has:
(b) The negligence of another person or
organization for whom you are liable;
a. Direct employees; or
CUBF 26 09 09 03
b. Owns, rents, or leases any real or personal
property.
Includes copyrighted material of Insurance Services Office with its
permission. Copyright, Insurance Services Office, Inc. 2001
Page 1 of 2
No other member or partner, or their spouses, of any
past or present "unnamed joint venture" is an insured.
4.
The following replaces SECTION III. LIMITS OF LIABILITY,
2. b.:
b. Will apply separately to the sum of all:
(1) Damages because of "bodily injury" and
"property damage", under SECTION I.
COVERAGE, A. Liability above; and
(2) Medical payments for "bodily
SECTION I. COVERAGE,
Payments above;
injury", under
B. Medical
arising out of each location listed in the Schedule
of Premises or each of "your projects"; and
5. The following replaces SECTION IV. CONDITIONS, 5.
"Other Insurance", a. Primary Insurance, (2):
(2) However, this insurance will be considered
primary to, and non-contributory with, "other
insurance" issued directly to a person or
organization added as an additional insured
under SECTION II. WHO IS AN INSURED,
2.:
(a) Paragraph h. Certain Additional
Insureds By Contract or Agreement;
or
(b) Persons Or Organizations Required
By Written Contract;
if you specifically agree, in that written
contract or agreement, that this insurance
must be primary to, and non-contributory
with, such "other insurance". This insurance
will then be applied as primary insurance for
damages for "bodily injury", "property
damage", "personal injury" or "advertising
injury" to which this insurance applies and
that are incurred by such person or
organization, and we will not share those
damages with such "other insurance".
6. The following is added to SECTION IV. CONDITIONS, 5.
"Other Insurance", b. Excess Insurance:
This insurance is excess over any "other
insurance" whether primary, excess, contingent or
on any other basis that is available to you for your
participation in any past or present "unnamed joint
venture" .
7. The following is added to SECTION IV. CONDITIONS, 8.
Transfer O'f Rights of Recovery And Proceeds Against
Others To Us:
However, we waive any right of recovery and proceeds
we may have against any person or organization that is
added as an additional insured under the Paragraph
Person Or Organization Required By Written
Contr~lct of SECTION II. WHO IS AN INSURED, 2.:
a. Because of payments we make for "bodily injury",
"property damage", "personal injury" or
"advertising injury" arising out of "your work" in
ongoing operations or included in the "products-
completed operations hazard"; and
b. P.erformed under a written contract or agreement
that is made before, and in effect when, the "bodily
injury" or "property damage" occurs or the offense
that causes the "personal injury" or "advertising
injury" is committed; and
c. You specifically agree in such written contract or
a!~reement to waive those rights of recovery and
plrOceeds for such person or organization.
8. The following are added to SECTION V. DEFINITIONS:
"Unnamed joint venture" means any joint venture in
which you are a member or partner where:
a. Each and every one of your co-ventures in that
jClint venture is an architectural, engineering or
surveying firm; and
b. That joint venture is not named in the Liability
Coverage Part Declarations.
"Your premises" means any premises, site, or location
owned or occupied by, or rented to, you.
"Your project":
a. Means any premises, site or location at, on, or in
which "your work" is not yet completed; and
b. Does not include "your premises" or any location
listed in the Schedule of Premises.
All other terms e,f your policy remain the same.
CUBF 25 09 09 03
Includes copyrighted material of Insurance Services Office with its
permission. Copyright, Insurance Services Office, Inc. 2001
Page 2 of 2
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II
ITEM NO.9
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Approvals
City Attorney
Director of Finance
City Manager
~
/JI!-
LfC
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
June 27, 2006
SUBJECT:
Professional Services Agreements for Geotechnical and Material Testing
Services for the Verizon Fiber Optic Project for FY 2006-2007
PREPARED BY:
Ronald J. Parks, Deputy Director of Public Works
Chris White, Assistant Engineer
RECOMMENDATION:
That the City Council:
1. Approve a Professional Services Agreement with LGC Geotechnical Consulting in the
amount of $86,250.00 to provide 16 hours per week of geotechnical & material testing
services for the Verizon Fiber Optic Project for FY2006-2007 and authorize the Mayorto
execute the agreement.
2. Approve an appropriation of $86,250.00 from the General Fund Reserves to fully fund
this project.
BACKGROUND: On May 15, 2006 the City agreed to take over the control of the geotechnical
and material testing services from Verizon for the Verizon Fiber Optic Project for Fiscal Year 2006-
2007. This Professional Services Agreements with LGC Geotechnical Consulting in the amount of
$86,250.00 is to provide 16 hours per week of geotechnical inspection and material testing. These
services will be utilized on the Verizon Fiber Optic Project that is currently being installed within the
City.
On May 25,2006 Requests for Proposal (RFP) were sent to four (4) firms. On May 30,2006 all four
(4) firms responded and LGC was the lowest bidder that could provide the geotechnical inspection
and material testing services to the City on a 16 hours per week basis. Once the agreement is
executed, each service request will be negotiated separately and may contain some or all of the
following services:
1.) Prepare reports per each work order on an as needed basis.
2.) Prepare daily compaction and soil testing reports.
The actual number of work order permits 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.
FISCAL IMPACT: The appropriation of $86,250.00 from General Fund Reserves to the Public
Works Land Development Division Consulting Services Account No. 001.163.999.5248 is necessary
to fully fund the agreement for geotechnical inspection and material testing services. The total
contract cost is $86,250.00.
ATTACHMENTS:
Agreement with LGC Geotechnical Consulting.
AGREEMENT
FOR PROFESSIONAL CONSULTANT SERVICES
VERIZON FIBER OPTIC PROJECT
FISCAL YEAR 2006-2007
GEOTECHNICAL INSPECTION and MATERIAL TESTING
THIS AGREEMENT is made and effective as of June 27, 2006, between the City of
Temecula, a municipal corporation ("City") and LGC Inland, 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 June 27,2006, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2007, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the City Council has obtained the general prevailing rate of
per diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations. Copies may be obtained from the California Department of
Industrial Relations' Intemet web site at http://WMV.dir.ca.gov. Consultant shall provide a copy of
prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage
rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776,
1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code,
Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion
thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing
rates for any work done under this contract, by him or by any subcontractor under him, in violation of
the provisions of the Contract.
5. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule,
attached hereto and incorporated herein by this reference as though set forth in full, based upon
actual time spent on the above tasks. Any terms in Exhibit B other than the scope of work to be
performed, payment rates and schedule of payment are null and void. This amount shall not exceed
Eighty Six Thousand Two Hundred Fifty Dollars and No Cents ($86,250.00) 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
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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.
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 wll 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 bywriUen 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 considelBd 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 and activities related to this
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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, tlClnsferring and printing computer files.
9. !NDEMNIFICATION. 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, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 00 011185 or88.
(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 GenelCll 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 emplo}ees.
(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: 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.
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(2) Automobile Liability: One million dollars ($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: Two million ($2,000,000) 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 respectto
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.
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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 altemative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the
coverage required by these specifications.
11. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its
officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any
of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant
shall not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in anyway affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure
of the Consultant to comply with this section.
13. ~ELEASE 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.
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14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
LGC Inland, Inc.
41531 Date Street
Murrieta, California 92562
Attention: Gary Uecker, Vice President
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
16. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attomey 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 orwritten, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
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Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attomey
CONSULTANT
LGC Inland, Inc.
41531 Date St.
Murrieta, CA 92562
(951) 461-1919
Greg Uecker, Vice President
Type/Print Name & Title
(Two Signatures of Corporate Officers Required For Corporations)
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EXHIBIT A
TASKS TO BE PERFORMED
VERIZON FIBER OPTIC PROJECT
FISCAL YEAR 2006-2007
GEOTECHNICAL INSPECTION and MATERIAL TESTING
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.INLAND, INC.
G ".!...ehnlcal. Consulting
May 30, 2006
Proposal No. I06l395-99
Mr. Jerry Berg
VALl COOPER
3400 Market Street, Suite 250
Riverside, California 92501
Subject:
Revised Proposal to Perform Geotechnical Observation and Testing Services during
Construction Operations (Sidewalk Subgrade and Aggregate Base Compaction Testing) for
Various Verizon Projects Located in the City ofTemecula, Riverside County, California
lntroduction
In accordance with your request, LGC Inland, Inc. (LGC) has prepared this revised proposal and cost estimate
to perform a geotechnical observation and testing services (sidewalk subgrade and aggregate base compaction
testing) for various Verizon projects located in the City ofTemecula, California.
ScoDe of Services
1. Observation and Testinf! Durinf{
. Post grading activities are expected to include testing of sidewalk sub grade and aggregate base.
Based upon conversations with the City of Temecula's inspection, we have revised the estimated
hours per week to a maximum of 16. In addition, we have eliminated the need for a formal weekly
report, as it is our understanding that our "Field Daily Reports" will be adequate.
Construction costs (per site) are estimate to be:
'~h.,,","""'!i;~'iIt~"-"'~"''''''_r'''''''''''''''''''''',",'''''''''''_'''i'''';",' ..... ",.W,"",*"""",,=" .."""'''.~.
<~~o/!r~x?f~~nr~~);l,~~~11S~',fJ.ty.;:a~'~"~~t'i~i~~ty~~_~~~.!~*~V7~~~~~;1~2h~ :-:
Sidewalk Subgrade and I
A t B l6hrsperweek@$72Ihr(max.) $1,152.00
ggrega ease
Field Operations Manager 2 hrs per week tal $95/hr I $ .1.90.00
Subtotal: $ 1,342.00
-".,~
~'-, "
Maximum Densities (One
subgrade and one aggregate
base per site)
Estimated Costs
$ 330.00
ESTIMATED WEEKLY CONSTRUCTION SERVICES: $1,672.00 I
41.5310itte;Sfr&t..MuiTieta, 'CA'92562.(9S1)461"191'9<iFal<\{951)46.1.7&77
The following assumptions have been made:
. Only one (I) sub grade soil and one (1) aggregate base material laboratory compaction will be required at
each project location. Additional tests, if required, will be p~.fvuued at a cost of$140 per soil sample
and $190 per aggregate base material.
. Field testing will be on a part-time basis unless otherwise specified.
. Our field technician will be charged at a rate of $72/hour for either a senior field technician or technician
I grade (a savings of $13/hour from our Senior Technician rate),
Please note that there are many factors, such as contractors schedule, agency requirements, weather conditions,
and type of material used for backfill, which significantly affect the total cost of our geotechni cal services
during grading and post grading. These factors are generally beyond our control, and this cost estimate is based
on normal working conditions for your budgetary purposes. We propose to perform this work on a time-and-
materials basis in accordance with our 2006 Professional Fee Schedule, Our estimated per site costs will consist
of weekly geotechnical observation and testing costs of $1,342,00 (maximum of 16 hours per week) and a per
site charge of $330 for laboratory compaction testing (one set consisting of one soil and one aggregate base
maximum density). However, you will be charged only "[or the actual time and laboratory tests accrued, which
mayor may not exceed the estimated costs.
If this proposal meets with your approval, please sign the accompanying work authorization or provide us with
your contract. We will start work immediately upon signing a mutually agreeable contract.
The v!,!,v.~nity of submitting this proposal is sincerely appreciated, If you should have any questions, please
do not hesitate to contact our office.
Sincerely,
LGC INLAND, /NC.
h
Greg Uecker
Vice President
GEUlko
Distribution: (2) Addressee
(I) City of Temecula, Public Works Dept., Attn: Mr. Chris White
Attachment: 2006 Professional Fee Schedule
Terms and Conditions of Authorization
Proposal No. /061395-99
Page 2
May 30, 2006
EXHIBIT B
PAYMENT RATES AND SCHEDULE
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2006 PROFESSIONAL FEE SCHEDULE
GEOTECHNICAL SERVICES
Professional Billing Rate (oer hour)
Word Processing .......... ......... ...................... ..... ............................ ........ .... ......... .... ..... ...... ....... .... ...........,...', ....$50.00
CAD Operator ... .....,.... .,. .... ....." ,... ....... ....... ,............, ".,...".. ,..........,. .... ".,..."......,." ..,. ... ................, '" ......." ...$65,00
CAD Manager ... ,.. ....... ........... "..... ... ..... ..... ... ...,.,...... ..... ........ ........, .... ,.,...,............ ,....... ........ ... .... ...... ..... ... ....$80.00
Technician I ........... ............... ......... ..., ...... ...........,................ ................................. ..........................................$72,00
Senior Field Technician ..., ....................... ...,........... ,....,..... ...................,....... ,...,...........,..... ..... ............."........$85.00
Senior Field Supervisory Technician............................................................................................................. .$90.00
Field Operations Manager. ,............................ ......... .......,.. ,......,........,...........:,...............................................,$95,00
Staff Engineer/Geologist... .............. ............... ..........................................................,.. .................,.............,.. ..$90.00
Senior Staff Engineer/GeologistlS cientist .... .......... ...... .... ....... ......... ........... .................................. ..........., ..$1 00.00
Operations Manager ...., ............................................. ..... ................ ...............,........................... ............"......$ I 10.00
Project Engineer/Geologist........................,....... .......................,.......................................... ........ .................$ I I 0,00
Associate Engineer/Geologist..........................................................................................,.. ..........,.."......... ..$135,00
Principal Engineer/Geologist.,......."...................................".....................................,................,.",.. .......... .$160.00
Enl'1ineerinl'1 Eouiomcnt
Vehicle Usage .............. ....,........... ......................... ".. ,.....,............,...................,.................. .......... ,.... $5.00/per hour
Tiltmeter, Inclinometer Vibration Monitor............. ............,...,...... ...........................,......,.................$60.00/per day
Nuclear Soil Gauge....... ............................. ....................................................................,............,.,... .$7 5 .OO/per day
Water Level Sounder ..,........,. "................... ....,............................... ..................,............. ...,...............$$O.OO/per day
Portable Generator................"...........................................................................................................$ 50. OO/per day
Manometer ............................ ......................... ....." ...,.................. ..,........,......................... ........... .......$50.00/per day
Other Monitoring Equipment............... ..., ,..,. ...,...... ................ ...,............ ............................................ Upon Request
Terms and Conditions
. Expert witness testimony, depositions, or mediation conferences will be billed at 2.0 times the basic billing
rate.
. There are no overtime charges for geologists and engineers. All technicians will be billed at $100 per hour
for overtime.
. Invoices are rendered monthly and payable upon receipt.
. A retainer of 50% of the fee is required for projects with a total estimated fee of $3,000.00 or less. The
balance is due upon report delivery.
. Proposals are valid for 3.0 days unless otherwise stated.
. Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping, reproduction,
and other reimbursable expenses will be invoiced at cost plus 20%, unless billed directly to and paid by
client.
. Client agrees to provide all information in Client's possession about the actual or LGC Inland for all costs
related to their unanticipated discovery.
. For field time less than 8 hours per day, portal-to-portal travel time will be charged.
Ii
-
I.
ITEM NO.1 0
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
/J12.
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
June 27, 2006
SUBJECT:
Professional Landscape Plan Check and Inspection Services Agreements for
Fiscal Year 2006-2007
PREPARED BY:
Amer Attar, Principal Engineer - Capital Projects
Laura Bragg, Project Engineer - Capital Projects
RECOMMENDATION:
That the City Council:
1. Approve the agreement with Community Works Design Group in the amount of
$60,000.00 to provide as needed landscape plan check and inspection services; and
2. Approve the agreement with Kobata Associates, Inc., in the amount of $60,000.00 to
provide as needed landscape plan check and inspection services; and
3. Authorize the Mayor to execute the agreements.
BACKGROUND: There are various projects described in the approved Capital
Improvement Program for Fiscal Years 2007 - 2011 that will require landscape plan check and
inspection survey services. The attached agreements are for two (2) separate one year agreements
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 throughout the year.
A Request for Qualifications was sent out on May 17, 2006 and responses were received on June 1,
2006. Of the three firms that responded, two (2) firms have been selected for agreements so that
the City is assured that at least one firm will be available when needed. The City reserves the right
to extend the agreements for an additional year pursuant to the terms specified in the agreements.
Once the agreements are executed, each service request will be negotiated separately with one of
the two (2) firms and may contain some or all of the following services:
D Plan check of construction plans for conformance with City Standards and Requirements
through final approval.
D Construction cost estimate review and approval for bonding requirements.
D Landscape construction inspection services to insure installation is in conformance with
approved plans and specifications with processing per City Requirements.
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.
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.
ATTACHMENTS:
Contracts
CITY OF TEMECULA
ANNUAL AGREEMENT
FOR
PROFESSIONAL LANDSCAPE PLAN CHECK and INSPECTION SERVICES
FOR
FISCAL YEAR 2006-2007
THIS AGREEMENT is made and effective as of June27, 2006, between the City of
Temecula, a municipal corporation ("City") and Community Works Design Group, ("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, 2006, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2007, 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 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, 2008.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the City Council has obtained the general prevailing rate of
per diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be
obtained at cost at the City Clerk's office ofTemecula. Consultant shall provide a copy of prevailing
wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a
minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code,
Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion
thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing
rates for any work done under this contract, by him or by any subcontractor under him, in violation of
the provisions of the Contract.
5. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule,
attached hereto and incorporated herein by this reference as though set forth in full, based upon
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actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and
schedule of payment are null and void. This amount shall not exceed Sixty Thousand Dollars and
No Cents ($60,000.00) for the total term of the Agreement unless additional payment is approved
as provided in this Agreement.
b. Consultant 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 an 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
shali 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 \Mil 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.
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8. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City the right to examine and
audit said books and records, shall permit City to make transcripts there from as necessary, and
shall allow inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused or otherwise disposed of by the City without the permission of the Consultant.
With respect to computer files containing data generated for the work, Consultant shall make
available to the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring and printing computer files.
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, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 00 011185 or88.
(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 emplo}ees.
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(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: 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) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accidentfor
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 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 respectto
the limits of the insurer's liability.
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(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. Self
insurance shall not be considered to comply with these insurance requirements.
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 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 anyway affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure
of the Consultant to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the City Manager or unless requested by the City Attomey, 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.
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b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the City. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Community Works Design Group
4649 Brockton Avenue
Riverside, California 92506
Attention: Timothy I. Maloney, 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.
17. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attomeyfees and litigation expenses for the reliefgranted.
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18. PROHIBITED INTEREST., No officer, or employee of the City ofT emecula
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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Fonn:
Peter M. Thorson, City Attomey
CONSULTANT
Community Works Design Group
4649 Brockton Ave.
Riverside, CA 92506
(951) 369-0700
Timothy I. Maloney, President
Print/Type Name & Title
(Two Signatures of Corporate Officers Required For Corporations)
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EXHIBIT A
TASKS TO BE PERFORMED
PROFESSIONAL LANDSCAPE PLAN CHECK and INSPECTION SERVICES
FOR
FISCAL YEAR 2006-2007
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LANDICAPE ARCHiTECTURE
4649 BrocktonAvenue
Riverside,CA92506
(951)369-0700
Fax (951}369-4039
hllP/1www.comworl<Sdg.com
CAUcense#211O
NV Lioonse #389
June 1,2006
Mr. Amer Attar
Department of Public Works
CITY OF TEMECULA
43200 Business Center Drive
Temecula, California 92590
Subject:
Landscape Plan Check and Inspection Services for the City of Temecula
Dear Mr. Attar and Consultant Selection Committee:
On behalf of the firm of Community Works Design Group (CWDG), we are pleased to
present this proposal for Plan Checking and Landscape Architectural Services for the City
of Temecnla.
Our proposal covers key issues we feel to be of greatest significance in the selection ofthe
landscape architectural consultant and the smooth, efficient review oftheprojects. For your
convenience, we have organized our proposal into the following sections:
SERVICES & EXPERIENCE (APPROACH),
This section outlines the City requested services to be provided in the plan check process
as well as inspection services and additional services available from Community Works
Design Group that relate to overall project review. The extensive experience ofCWDG in
plan review and design guideline implementation is highlighted along with specific
examples of past project performance.
PERSONNEL (PROJECT TEAM)
The efficiency and successfulness of the plan check process is only as good as the personnel
involved in the process from start to finish. This section details the experience &
qualifications ofthe individual professionals that will ensure that every detail is covered and
that the plan check process is completed in an efficient and timely manner.
REFERENCE~
The true test for any design professional is the reputation achieved and maintained with
previous and ongoing clients. Weare confident that all of our clients will express complete
satisfaction with our services and we encourage the City of Temecnla to contact them.
PLAN CHECK AND INSPECTION SERVICES
June 1. 2006
The members of the CWDG Design Team appreciate your consideration of our firm to provide Plan
Checking and Landscape Architectural Inspection Services and we look forward to continning our
professional relationship with the City of T emecula.
Respectfully submitted,
COMMUNITY WORKS DESIGN GROUP
J\J)
Timothy I. Maloney, ASLA, CPRS
Landscape Architect, License #2110
G:\Proposals\Plan C~ck\Tcmecula pw contract.wpd
Page 2
PLAN CHECK AND INSPECTION SERVICES
June 1. 2006
SCOPE OF SERVICES
Per the Request for Proposal and per our extensive experience with similar work, Community Works Design
Group will provide the following services:
1. Use the City's existing checklist and standards based upon the City of Temecula's landscape
guidelines.
2. Use existing fonnat or develop a new plan checking log to track all projects.
3. Prepare water budget calculations and irrigation watering schedules.
4. Provide as-needed Landscape Architectural Services to the City of Temecula. These services
include:
a. Consulting/Plan Checking
b. Preliminary Plan review and Development Committee Review
c. Construction Drawings/Specifications.
d. Construction Phase (Typical)
1. CONTRACT ADMINISTRATION: CWDG and the design team will review shop drawings
and material samples.
2. FIELD OBSERVATION & SUPERVISION: CWDG will provide field observations with
our staff and our consultants as requested.
Visits shall be performed at the current hourly rates listed in Attachment I. We will provide
periodic construction inspections as requested by the Public Works Department.
CWDG shall advise and consult with the City during the construction phase.
CWDG shall assist the City in determining the amount owed to the Contractor by reviewing
his application for payment.
TIMING
I. Upon receiving notification by telephone from the City ofTemecula, we will insure pick-up of plans
within a 24-hour time period of the notification.
2. The time frame for turn-around on the first submittal for City of Temecula plan checks will be ten
(10) working days. However, the process rarely takes this long and is usually completed within 3
to 5 working days. We will work to provide a maximum five day turn-around for all plan checks.
Page 3
EXHIBIT B
PAYMENT RATES AND SCHEDULE
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PLAN CHECK AND INSPECTION SERVICES
June 1. 2006
FEE SCHEDULE
Following is a listing of our current hourly rates. We will bill the City of Temecula on an hourly basis for
services performed. We understand this is the current basis of payment for services performed.
NORMAL HOURLY RATES
Principal Landscape Architect's
time at the fIxed rate of:
$115.00 per Hour
Landscape Architect's Plan Check and Field Observation Services.
time at the fIxed rate of:
$ 95.00 per Hour
Professional Staffs
time at the fIxed rate of:
$ 55.00 per Hour
OUTSIDE CONSULT A NTS
Services of outside consultants not listed in this proposal, at our direct cost, plus 15% of the actual cost of
their services for coordination.
REIMBURSABLE ITEMS
Reimbursab1e. items, such as the cost of plotting, graphic reproduction and shipping, at our direct cost plus
15%. Auto travel shall be charged at 45 cents per mile.
Page 4
CITY OF TEMECULA
ANNUAL AGREEMENT
FOR
PROFESSIONAL LANDSCAPE PLAN CHECK and INSPECTION SERVICES
FOR
FISCAL YEAR 2006-2007
THIS AGREEMENT is made and effective as of June 27, 2006, between the City of
Temecula, a municipal corporation ("City") and Kobata Associates, Inc., ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 1,2006, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2007, 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 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, 2008.
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 af Consultant hereunder in meeting its
obligations under this Agreement.
4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the City Council has obtained the general prevailing rate of
per diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be
obtained at cost at the City Clerk's office ofTemecula. Consultant shali provide a copy of prevailing
wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a
minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code,
Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion
thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing
rates for any work done under this contract, by him or by any subcontractor under him, in violation of .
the provisions of the Contract.
5. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule,
attached hereto and incorporated herein by this reference as though set forth in full, based upon
actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and
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schedule of payment are null and void. This amount shall not exceed Sixty Thousand Dollars and
No Cents ($60,000.00) for the total term of the Agreement unless additional payment is approved
as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in cannection
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 an 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 wll 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.
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8. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such baoks 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.
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, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 00 011185 or88.
(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 emplo}ees.
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(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of fnsurance. 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) 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 shail 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 ConslJltant'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.
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(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. Self
insurance shall not be considered to comply with these insurance requirements.
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 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 anytime or in any manner representthat 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 anyway affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure
of the Consultant to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the 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.
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b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the City. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Kobata Associates, Inc.
607 North Anaheim Boulevard
Anaheim, California 92805
Attention: Roger Kobata, President
15. ASSIGNMENT. The Consultant shall not assign the perforrnance 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 cornpensation shall be payment for
actual services performed up to, and including, the date of terrnination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
16. LICENSES. At all times during the terrn of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district cburt 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 attomey fees and litigation expenses for the relief granted.
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18. 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
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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attomey
CONSULTANT
Kobata Associates, Inc.
607 N. Anaheim Blvd.
Anaheim, CA 92805
(714) 520-5795
Roger Kobata, President
Print/Type Name & Title
(Two Signatures of Corporate Officers Required For Corporations)
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EXHIBIT A
TASKS TO BE PERFORMED
AND
PAYMENT RATES
PROFESSIONAL LANDSCAPE PLAN CHECK and INSPECTION SERVICES
FOR
FISCAL YEAR 2006-2007
9
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May 31, 2006
City Clerk Department
City of Temecula
43200 Business Park
Temecula, CA 92590
RE: RFQ - City of Temecula - Annual A5'<-<-ment for Landscape Plan Check &
Inspection Services, Various Public Works, Planning and Community Services
Department's Projects Approved for FY2006-2007
Enclosed for your review and consideration is our Proposal for Landscape Plan Check
and Inspection Services for the City ofTemecula.
We appreciate the opportunity to submit our Proposal to you and hope that we can be of
service to the City ofTemecula.
If you have any questions, please do not hesitate to call me at (714) 520-5795.
Sincerely,
I.
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President
kobata
aSsociates Ino.
LANDSCAPE ARCHITECTURE' 607 N. Anaheim Blvd. . Anaheim, CA 92805' (714) 520-5795' Fax (714) 520-0106' Lie. No. 1219
Kobata Associates, Inc. is a small landscape architectural firm providing professional
services in the landscape architecture field to the private and public sector since
incorporation in 1971.
Kobata Associates, Inc. currently has a staff of seven people with expertise in all facets of
the landscape industry. Our principal office is located in Anaheim, California. We also
staff offices in the City of Lake Elsinore (City Landscape Architect since 1986) and the
County of Riverside, Murrieta, (landscape plan check and inspection services).
Kobata Associates, Inc. provides plan check and inspection services to the City ofPerris
and the City of Westminster. We also provide plan check services to the City of
Lancaster and the City of Rancho Santa Margarita (as a sub-consultant).
. .
In addition to our plan check and inspection services, Kobata Associates, Inc. provides
professional services for public and private projects, with special emphasis on municipal
projects. Municipal projects include parks and recreation, streetscape, downtown
redevelopment, public facilities, open space and design studies.
r
i
The principal of the firm who will serve as project manager for plan check and inspection
services and will be responsible for all matters dealing with the project and the day to
day activities through to completion will be Rodney Kaihara, Vice President of Kobata
Associates. In addition, Roger Kobata, President of the firm will assist Mr. Kaihara to
facilitate the workload, if necessary.
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,
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i.
Because Kobata Associates, Inc. is a small firm, all personnel will be directly or
indirectly involved in the City of Temecula projects.
! .
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kobata
aSsociates 100.
LANDSCAPE ARCHITECTURE' 607 N. Anaheim Blvd. . Anaheim, CA 92B05' (714) 520-5795' Fax (714) 520-0106' Lie. No. 1219
PROPOSAL
Kobata Associates, Inc. understands the purpose of the "Annual Agreement" that the City
proposes and the proposed approach to execute the work.
Kobata Associates currently does not have a yearly contract on any of its plan check and
inspection services with other cities; therefore, we will adhere to the outline and scope of
services and fee schedule provided by the City.
Kobata Associates, Inc. will provide the following Landscape Architectural Services to
the Public Works Department, Community Services r;"'yw;"uent, and the Planning
Department:
Basic Services:
1. Plan check of construction plans for conformance with City Standards and
Requirements through final approval.
2. Construction cost estimate review and approval for bonding requirements.
3. Landscape construction inspection services to insure installation is in
conformance with "'l'yw led plans and specifications with processing per City
Requirements.
Additional Services:
1.
Meetings, if required by the departments for design review, interim reviews of.
construction drawings, development review committee and planning commission,
planning staff, and special meetings as requested.
1.
i
,
I.
[
2.
Landscape Architectural resources for responding to staff general questions or
questions regarding specific projects.
1 '
I
I
3.
"Other Tasks" as requested by City.
i
I.
kobata
associates 100.
LANDSCAPE ARCHITECTURE' 607 N. Anaheim Blvd. . Anaheim, CA 92805' (714) 520-5795' Fax (714) 520-0106' Lic. No. 1219
Proposal- City ofTemecula
Page 2
Basic comnensation:
1. Fee for above services shall be negotiated as outlined by City Fee Schedule for
each department.
2. Kobata Associates, Inc.'s hourly rate is $100.00 per hour.
KOBATA ASSOCIATES, INC.
"~~~2f
Rog~. K6b~President
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kobata
associates Ino.
LANDSCAPE ARCHITECTURE' 607 N, Anoheim Blvd. . Anaheim, CA 92805' (714) 520-5795' Fax (714) 520-0106' Lie. No. 1219
Ii
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I.
ITEM NO. 11
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
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Cf
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
June 27, 2006
SUBJECT:
Award the Construction Contract for Rancho Vista Road Sidewalk - Project No.
PW05-01
PREPARED BY:
Greg Butler, Principal Engineer
Avlin R. Odviar, Associate Engineer
RECOMMENDATION:
That the City Council:
1. Award a construction contract for the Rancho Vista Road Sidewalk, Project No.
PW05-01 to Elite Bobcat Service, Inc. in the amount of $188,888.00 and authorize
the Mayor to execute the contract;
2. Authorize the City Manager to approve contract change orders not to exceed the
contingency amount of $18,888.80, which is equal to 10% of the contract amount;
3. Approve the acceleration of $150,000.00 from the Capital Improvement Budget for
the FY2006-2007 to the current FY2005-2006 budget to cover the administration and
construction costs.
BACKGROUND: On May 9,2006 the City Council approved the Construction Plans and
Specifications and authorized the Department of Public Works to solicit construction bids for the
subject project.
This project will construct concrete sidewalk behind existing curb and gutter along the south side of
Rancho Vista Road approximately between Ynez Road and Mira Loma Drive. Upon completion, the
project will provide ADA compliant access to and from surrounding neighborhoods and schools.
This project meets the requirements of, and will be funded in part by the State's SB 821 Bicycle and
Pedestrian Facilities Program, administered by the Riverside County Transportation Commission.
RCTC has advised that the construction contract must be awarded by June 30, 2006 to secure the
funds programmed for this project. For this reason, staff recommends that adequate funds be
accelerated to meet this requirement.
Three (3) bids were received and publicly opened on June 14, 2006. The results were as follows:
I BIDDER
I Elite Bobcat Service, Inc.
I Southland Construction
I Grand Pacific Contractors, Inc.
BID AMOUNT I
$188,888.00 I
$193,519.00 I
$203,455.10 I
A copy of the bid summary is available for review in the City Engineer's office.
Staff has reviewed the bid proposals and found a mathematical error contained within the schedule
of prices submitted by the apparent low bidder, Southland Construction. Corrected bid amounts are
reflected above. All other aspects of the bid proposals were in order. Therefore, staff finds the
lowest responsive bidder to be Elite Bobcat Service, Inc., of Corona, California.
The Engineer's estimate for this project was $190,000. The specifications allow thirty (30) working
days for the completion of this project.
FISCAL IMPACT: This project is funded by Senate Bill 821 and Assembly Bill 2766.
Acceleration of $150,000.00 from FY2006-2007 is necessary to cover the administration and
construction costs for this project. The total construction cost is $207,776.80, which includes the
contract amount of $188,888.00 plus 10% contingency amount of $18,888.80.
ATTACHMENTS:
(1) Project Location
(2) Project Description
(3) Contract
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW05-01
RANCHO VISTA ROAD SIDEWALK
THIS CONTRACT, made and entered into the 27th day of June, 2006 by and between the City of
Temecula, a municipal corporation, hereinafter referred to as "CITY", and Elite Bobcat Service,
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-
01, RANCHO VISTA ROAD SIDEWALK, 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. PW05-01, RANCHO VISTA ROAD SIDEWALK. 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.
PW05-01, RANCHO VISTA ROAD SIDEWALK.
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
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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. PW05-01, RANCHO VISTA ROAD SIDEWALK
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 EIGHTY EIGHT THOUSAND EIGHT HUNDRED EIGHTY EIGHT DOLLARS
and NO CENTS ($188,888.00), 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
CONTRACT
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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. Within ten (10) calendar days of the
occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty
(30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written
documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to
provide such notice and documentation shall constitute CONTRACTOR'S waiver,
discharge, and release of such delay claims against CITY.
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
CONTRACT
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adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the
provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by him or by any subcontractor under him, in violation
of the provisions of the Contract.
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 directiy 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 ail
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in an
affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the timely
performance Of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
CONTRACT
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17. INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such manner
as to not unduly delay the work. The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work.
18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national
origin, color, sex age, or handicap.
19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning
this Contract shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the City of Temecula. In the event of litigation between the
parties concerning this Contract, the prevailing party as determined by the Court, shall be
entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the
proceeds thereof during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no
board member, 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.
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
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED:
CONTRACTOR
Elite Bobcat Service, Inc.
1320 E. Sixth St., Suite 100
Corona, CA 92879
(951) 279-6869
Joseph A. Nanci, President/Secretary
(Signatures of two corporate officers required for Corporations)
DATED:
CITY OF TEMECULA
Ron Roberts, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
Susan W. Jones, MMC, City Clerk
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EXHIBIT "CO - STANDARD PLANS
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Ii
-
I.
ITEM NO. 12
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
/J12.
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
June 27, 2006
SUBJECT:
Award the Construction Contract for Traffic Signal Installation, Jefferson Avenue
and Sanborn Avenue, and Redhawk Parkway and Overland Trail/Paseo
Parallon Intersections - Project No. PW05-07 and 05-08
PREPARED BY:
Greg Butler, Principal Engineer
Jon Salazar, Associate Engineer
RECOMMENDATION:
That the City Council:
1. Award a construction contract for Traffic Signal Installations, Jefferson Avenue and
Sanborn Avenue, and Redhawk Parkway and Overland Trail/Paseo Parallon
Intersections, Project No. PW05-07 and 05-08 to HMS Construction, Inc. in the
amount of $328,000.00 and authorize the Mayor to execute the contract;
2. Authorize the City Manager to approve contract change orders not to exceed the
contingency amount of $32,800.00, which is equal to 10% of the contract amount.
3. Approve an acceleration of $141,651 programmed for FY2006-2007, to fully fund the
HMS Construction, Inc. contract and the project contingency.
BACKGROUND: On May 9,2006 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 City's 5-year Capital I mprovement Program includes the installation of traffic signals at various
intersections within the City. The proposed traffic signals at the intersections of Jefferson Avenue
and Sanborn Avenue as well as the intersection of Redhawk Parkway and Overland Trail/Paseo
Parallon are identified to be constructed in Fiscal Year 2005-2006. Because the design of these
traffic signals was not completed until late in the fiscal year the projects were reprogrammed into the
new CIP document with construction funding provided in FY 2006-2007, which takes effect on July
1, 2006. Rather than delay award until the first City Council meeting in the 2006-2007 fiscal year,
staff is recommending that adequate funds be accelerated to allow the award to take place and
initiate material procurement. Traffic signal poles and mast arms typically take 10-12 weeks for
delivery.
Five (5) bids were received and publicly opened on June 12, 2006. The results were as follows:
I BIDDER
I HMS Construction
I Lekos Electric, Inc.
I DBX, Inc.
I Freeway Electric
I Steiny & Company, Inc.
BID AMOUNT I
328,000.00 I
346,000.00 I
357,690.00 I
414,800.00 I
622,347.00 I
A copy of the bid summary is available for review in the City Engineer's office.
Staff has reviewed the bid proposals and found all bids to be in order.
The Engineer's estimate for this project was $295,000. The specifications allow twenty (20) working
days for the completion of this project.
FISCAL IMPACT: This project is funded with Development Impact Fees (Traffic Signals).
The total construction cost is $360,800.00, which includes the contract amount of $328,000.00 plus
10% contingency amount of $32,800.00. With the acceleration in the amount of $141 ,651 from
FY2006-2007 funds, adequate funds will be available for this project.
Location
RedhawklOverland
Jefferson/Sanborn
Account No.
210-165-658-5804
210-165-659-5804
Totals
Current
Balance
$ 81,035
$138,114
$ 219,149 I
Requested
Acceleration
$ 108,605
$ 33,046
$141,651 I
Total I
$ 189,640 I
$ 171,160 I
$ 360,800 I
ATTACHMENTS:
1. Project Location
2. Project Description
3. Contract
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW05-07 & PW05-0B
TRAFFIC SIGNAL INSTALLATIONS
JEFFERSON A VE. A T SANBORN A VE. AND
REDHAWK PARKWA Y A T OVERLAND TRAIUPASEO PARALLON
THIS CONTRACT, made and entered into the 27'h day of June, 2006, by and between the City of
Temecula, a municipal corporation, hereinafter referred to as "CITY", and HMS 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-
07 & PW05-08, TRAFFIC SIGNAL INSTALLATIONS; JEFFERSON AVE. AT SANBORN
AVE. AND REDHAWK PARKWAY AT OVERLAND TRAILlPASEO PARALLON,
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. PW05.07 & PW05-08, TRAFFIC
SIGNAL INSTALLATIONS; JEFFERSON AVE. AT SANBORN AVE. AND REDHAWK
PARKWAY AT OVERLAND TRAILlPASEO PARALLON. 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
Specificgtions, Special Provisions, and Technical Specifications for PROJECT NO.
PW05-07 & PW05-08, TRAFFIC SIGNAL INSTALLATIONS; JEFFERSON AVE. AT
SANBORN AVE. AND REDHAWK PARKWAY AT OVERLAND TRAILlPASEO
PARALLON.
CONTRACT
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R:ICIPIPROJECTSIPW05IPW05-07 & PW05-08 Traffic Signals Jefferson & RedhawklAgraementlConstruction Contract.docAgreementslConstruction Contract
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.
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. PW05-07 & PW05-08, TRAFFIC SIGNAL INSTALLATIONS;
JEFFERSON AVE. AT SANBORN AVE. AND REDHAWK PARKWAY AT OVERLAND
TRAIL/PASEO PARALLON
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 TWENTY EIGHT THOUSAND DOLLARS and NO CENTS ($328,000.00), the
total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed twenty (20)
working days, commencing with delivery of a Notice to Proceed by 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
CONTRACT
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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
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. Within ten (10) calendar days of the
occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty
(30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written
documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to
provide such notice and documentation shall constitute CONTRACTOR'S waiver,
discharge, and release of such delay claims against CITY.
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
CONTRACT
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payment, the acceptance by CONTRACTOR of each payment shall constitute a release of
all ciaims 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
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
CONTRACT C-4
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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
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. DISCRIMINATIOI\!. 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 the 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.
CONTRACT c-s
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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
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED:
CONTRACTOR
HMS Construction, Inc.
1225 Linda Vista Dr.
San Marcos, CA 92078
(760) 736-3093
Michael C. High, President
Ronald Schneider, Vice President
(Signatures of two corporate officers required for Corporations)
DATED:
CITY OF TEMECULA
Ron Roberts, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
Susan W. Jones, MMC, City Clerk
CONTRACT
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EXHIBIT"C" - SCE PlANNING DRAWINGS C-1
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ITEM NO. 13
I
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Approvals
City Attorney
Director of Finance
City Manager
~
/J12.
Lf
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
June 27, 2006
SUBJECT:
Fourth Amendment to Contract Agreement for On-Call Traffic Signal
Maintenance Services for Fiscal Year 2006-2007
PREPARED BY:
Ali Moghadam, Principal Engineer - Traffic
RECOMMENDATION: That the City Council approve the Fourth Amendment to the Contract
Agreement with Republic Electric to perform additional On-Call Traffic Signal Maintenance Services
and traffic related projects for Fiscal Year 2006-2007, for an amount not to exceed $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 Fourth Amendment for an amount not to exceed $100,000.00 is for continued On-Call Traffic
Signal Maintenance Services for Fiscal Year 2006-2007. The First Amendment was approved by
the City Council on March 8, 2005 for maintenance of an additional 16 traffic signals on Routes 79
North (Winchester Road) and 79 South, and several other traffic improvements and upgrade
projects throughout the City. The Second Amendment for Fiscal Year 2005-2006 was approved by
the City Council on June 14, 2005 which extended the Contract term through June 30, 2006 and
was for an amount not to exceed $100,000.00. The Third Amendment for an amount not to exceed
$40,000.00 was necessary to cover the installation and maintenance cost of the traffic signal battery
back-up system at 17 locations.
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. Currently, the majority of call-outs are responded to by the
City's Traffic Division Maintenance staff. The contract with Republic Electric will cover emergency
work such as traffic signal pole and controller cabinet knock downs, minor traffic signal modifications
and other miscellaneous traffic related infrastructure improvements including battery back-up and
traffic signal interconnect installation.
The total contract amount for this agreement is as follows: Fourth Amendment is for $1 00,000.00,
Third Amendment was for $40,000.00, Second Amendment was in the amount of $1 00,000.00, First
Amendment was for $50,000.00, plus the original contract amount of $50,000.00 for a total contract
amount of $340,000.00, for the past two (2) years beginning July 1, 2004.
FISCAL IMPACT: Adequate funds have been budgeted in the Public Works, Traffic
Division, Traffic Signal Maintenance Account for Fiscal Year 2006-2007 forthe Fourth Amendment
in the amount of $100,000.00.
ATTACHMENTS:
Fourth Amendment
FOURTH AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA AND
REPUBLIC ELECTRIC
ON-CALL TRAFFIC SIGNAL MAINTENANCE SERVICES
FY2006-2007
THIS FOURTH AMENDMENT is made and entered into as of June 27, 2006, 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 in the amount of Fifty
Thousand Dollars and No Cents ($50,000.00) and again on June 14, 2005 for an amount of
One Hundred Thousand Dollars and No Cents ($100,000.00) and again on November 8,
2005 in the amount of Forty Thousand Dollars and No Cents ($40,000.00) for additional On-
Call Traffic Signal Maintenance Services.
2. Paragraph 1. of the Agreement is hereby amended to read as follows:
TERM. The Agreement shall commence on July 1, 2006 and ending June 30,
2007, unless sooner terminated or extended pursuant to the provisions of this
Agreement. The City reserves the right of option to extend this Contract in
one year increments for each of the following three (3) fiscal years
beginning July 1, 2004. If the 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 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 the 30th day of June, 2008.
3. Section 5 A - of the Contract PAYMENT, is hereby amended to read as follows:
A. 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
Section 5 A - PAYMENT of the Contract is hereby amended to read as follows:
"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 Fourth
Amendment for an amount of One Hundred Thousand ($100,000.00) for a total
contract amount, of Three Hundred Forty Thousand Dollars and No Cents
($340,000.00)".
R:\AgreementsITraffieIRepublie Elee Amend 4 FY06-07
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
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTORNENDOR:
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)
2
R:\AgreementsITraffieIRepublie Elee Amend 4 FY06-07
ATTACHMENT A
SCOPE OF SERVICES
AND
COST PROPOSAL
3
R:\Agreements\Traffic\Republic Elee Amend 4 FY06-07
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
"C" of the Request for Proposal (RFP) 127, On-Call Traffic Signal Maintenance Services for the
City of Temecula dated May 5, 2004.
4
R:\Agreements\Traffic\Republic Elee Amend 4 FY06-07
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)'
$ 89.29
$ 73.50
$ 73.50
$ 73.50
'Republic Electric complies with all City/Local, State and Federal laws regarding prevailing
wage and overtime rates.
EauiDment Rate Schedule
Service Truck
Crane Truck
Hydraulic Man-Lift Truck (Bucket Truck)
Compressor/Jackhammer
Concrete SawlWater Truck
$ 10.50
$ 78.75
$ 26.25
$ 10.00
$ 10.00
$ 2.88
$ 309.75
Loop Resealing Per Linear Foot
Loop Replacement
Material Mark-UD
15%
Method of Invoicinq
Republic Electric will submit a monthly bill to the City of Temecula for all service calls performed
for the previous month.
5
R:\Agreements\Traffic\Republic Elee Amend 4 FY06-07
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ITEM NO. 14
I
I
Approvals
City Attorney
Director of Finance
City Manager
p.,("
/1/2
9c
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
June 27, 2006
SUBJECT:
Engineering Plan Check, Map and Legal Description Review for Fiscal Year
2006-2007 - 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 2006-2007 with KRW & Associates for an
amount not to exceed $35,000.00, 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 the plan check as well as perform subsequent plan checks, we
provide a quicker turn around to the plans and provides a leaning 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 $35,000.00. KRW & Associates is to provide
the needed services for additional engineering plan 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 2006-2007.
ATTACHMENTS:
Agreement FY2006-2007
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 June27, 2006, between the City of
Temecula, a municipal corporation ("City") and KRW & 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, 2006 and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2007, 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 Five Thousand
Dollars and No Cents ($35,000.00) 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.
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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 Ilalue to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant wll 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 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
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available to the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 00 01 1185 or88.
(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 emplo~es.
(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: One million dollars ($1 ,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial
General Liability I nsurance 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.
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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; orthe 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. 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. 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.
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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 anyway affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure
of the Consultant to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the City Manager or unless requested by the City Attomey, 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.
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
effectille upon delivery to the addresses $pecified below -or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
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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:
KRW & Associates
P.O. Box 867
Murrieta, California 92564
Attention: Kris Winchak
(909) 245-0159
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
16. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attomeyfees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee ofthei 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
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral orwritten, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attomey
CONSULTANT
KRW & Associates
P.O. Box 867
Murrieta, CA 92564
(909) 245-0159
Kris R. Winchak
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EXHIBIT A
TASKS TO BE PERFORMED
AND
PAYMENT RATE
ENGINEERING PLAN CHECK, MAP AND LEGAL DESCRIPTION REVIEW
FOR THE FISCAL YEAR 2006-2007
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KRW & ASSOCIATES
Land Surveying, Planning and Land Development
P.O. Box 867
Murrieta, CA. 92564
Bus. (951) 245-0159, Fax (951) 245-0159
Jl.!J1e 05, 2006
qty of Temecula, Dept. of Public Works
P.O. Box 9033
T!l!l'ecula, Ca. 92589-9033
Attn: Ron Parks, Deputy Public Works Director,
City ofTemecula
Dear Mr. Parks
1'his letter is to inform you of my desire to continue to perform Map Checking Services to the
Qity of Temecula for Fiscal Year 2006 - 2007 starting July 1. I understand the terms of this
r~quest are based on the attached Agreement. The compensation for Professional Services
pn:lVided 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.
tam very pleased to be of service to the Department of Public Works and look forward to the
coptinuation of our work relationship.
Very Truly Yours,
~' R, td1(~
~is R. Winchak, L.S. 6240
KRW & Associates
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ITEM NO. 15
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Approvals
City Attorney
Director of Finance
City Manager
V
1)/2
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Herman D. Parker, Director of Community Services
DATE:
June 27, 2006
SUBJECT:
Voter Approved Measure C Annual Special Tax Levy
PREPARED BY:
Barbara Smith, Senior Management Analyst
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL
TAX LEVY FOR FISCAL YEAR 2006-2007 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 1997-1998, the Community Services, Parks and
Recreation and Arterial Street Lights Rates and Charges previously levied by the Temecula
Community Services District (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 2006-
2007. The maximum annual tax has been established at $74.44 per single-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.
For Fiscal Year 2006-2007, the total proposed operating budgetfor parks, recreation, medians and
arterial street lighting services is $10,383,389.
As per the preliminary levy report the anticipated revenue based on the current rate from all taxable
parcels within the City for Fiscal Year 2006-2007 is $3,050,122. The difference in operating costs
over levy revenue is offset by recreational revenues, user fees and REST Program contributions.
The REST Program has contributed approximately 21 million towards the TCSD operations over the
last five years.
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 voters, not to exceed the maximum tax rates identified above.
As a result, it is recommended that the amount to be levied as a special tax for Fiscal Year 2006-
2007 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 tenth
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 $3,050,122.
The remaining funds necessary to complete the Park/Lighting Services budget will be derived from
recreation revenue, user fees, and general fund contributions.
ATTACHMENTS:
1. Resolution to Levy the Parks/Lighting Special Tax
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ESTABLISHING THE AMOUNT OF THE
SPECIAL TAX LEVY FOR FISCAL YEAR 2006-2007 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 DOES HEREBY RESOLVE
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 1997-1998.
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 amount 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 amount 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 2006-2007, 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 of 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, correction,
cancellation, refund and redemption, are applicable to the special tax, except for
California Revenue and Taxation Code Section 4831.
Section 6. The revenue raised by the special tax shall be placed in a special
fund to be used only for the purposes of financing recreational and human services
programs and the operation, maintenance and servicing of public parks and recreational
facilities, median landscaping, arterial street lights and traffic signals throughout the City
of Temecula and administrative expenses incurred by the City in connection therewith.
Section 7. The special tax shall not be imposed upon a federal or state
governmental agency or another local governmental agency or upon any parcel of
property that is exempt from the special tax imposed by this ordinance pursuant to any
provision of the Constitution or any paramount law.
Section 8. The City Clerk is hereby ordered to transmit or cause to be
transmitted to the County Auditor of the County of Riverside, California before August
10, 2006, 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 owners' property, such
property owner must appeal the levy by filing an appeal with the City Clerk before 5:00
p.m. on December 1, 2006, 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 2006-2007 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, 2006, pursuant to
the 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 provIsion of this Resolution are declared to be
serverable. The City Council does hereby declare that it would have adopted this
Resolution and each section, subsection, sentence, clause, phrases, parts or portions
hereof are declared invalid or unconstitutional.
Section 12. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 27th day of June , 2006.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 06- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 27th day of June, 2006, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
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ITEM NO. 16
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Approvals
City Attorney
Director of Finance
City Manager
p...f"""
IJIL
9t
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Herman D. Parker, Director of Community Services
DATE:
June 27,2006
SUBJECT:
Acceptance of Grant Deed for Open Space Lot 9 of Tract 29133
PREPARED BY:
Barbara Smith, Senior Management Analyst
RECOMMENDATION: That the City Council authorize acceptance of the Grant Deed for
Open Space Lot 9 of Tract 29133 and direct staff to proceed with the necessary actions to cause the
deed to be recorded.
BACKGROUND: Tract 29133 is a development of eight (8) residential lots and one (1)
open space lot developed by Gallery Homes. This development is located on the east side of Ynez
Road between Pauba and Santiago Roads. Open Space Lot 9 is approximately .09 acres and
located on the northeast corner of Ynez Road and Laurie Rae Lane.
The Temecula Community Services District (TCSD) will maintain the perimeter landscaping along
Ynez Road including the open space lot as per the conditions of approval and as approved by a
Service Level C property owner election.
The improvements have been completed to the satisfaction of the Community Services Director. A
policy of title insurance will be provided by the developer to accompany the transfer of title to the
City.
FISCAL IMPACT: The revenue needed to maintain Lot 9 as well as the additional
landscaping along Ynez Road shall be provided by an annual Service Level C rate and charge of
$270.00 per residential parcel. Title insurance in the amount of $50,700 will be provided by Gallery
Homes at recordation of the Grant Deed.
ATTACHMENTS:
1) Vicinity Map
2) Grant Deed
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EXEMPT RECORDING REQUESTED BY
City of Temecula
PER GOV'T CODE 27383
AND WHEN RECORDED MAIL TO:
Office of the City Clerk
City of Temecula
P. O. Box 9033
Temecula, CA 92589-9033
EXEMPT RECORDING
SPACE ABOVE THIS LINE
FOR RECORDER'S USE
GRANT DEED
The undersigned grantor declares:
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
GALLERY TRADITIONS PARTNERS. LLC
hereby grants to the CITY OF TEMECULA, a municipal corporation, the following
described real property in the City of Temecula, County of Riverside, State of California:
SEE EXHIBIT "A" ATTACHED HERETO,
Executed on June 5, 2006 at Canyon Lake, California.
GALLERY TRADITIONS PARTNERS, LLC
A California limited liability company
By: GALLERY HOMES, LLC
A California limited liability company
:'~ MKJ);J]~tf
y - - .
, Richard D. Hauser, Member
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Name and Title of Officer {e.g., "Jane Doe, NolaryPublic")
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Name(s)of Signer(s)
III personally known to me
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DEBBIE JO SVETIE
Commission # 1505857
Notary PubDc . California ~
RlvelSlde Counfy [
MyComm. ExpIresAug6. 2OO8r
to be the person(s) whose name(s) is/are
subseribed to the within instrument and
aeknowledged to me that he/shelthey executed
the same in his/her/their authorized
eapacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, exeeuted the instrument.
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OPTIONAL
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fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Doeument:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual
D Corporate Offieer - TItle(s):
D Partner - D Limited D General
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@ 1999 Na~onal Notary Associa~on . 9350 De Solo Ave., P.O. Box 2402' Chatsworth, CA 91313-2402' www.natTonalrlOtary.orgProd.No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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EXHIBIT A
Legal Description
LOT 9 OF TRACT 29133, AS SHOWN BY MAP ON FILE IN BOOK 338, PAGES 1-3,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA
RNERSIDE COUNTY RECORDER'S INFORMATION:
NO. 2003-491641
DATE: JULY 2,2003
APN: 945-301-001
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ITEM NO. 17
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Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Herman D. Parker, Director of Community Services
DATE:
June 27, 2006
SUBJECT:
Resolution Adopting FY 2006-2007 Solid Waste Rates
PREPARED BY:
Barbara Smith, Senior Management Analyst
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING SOLID WASTE RATES FOR FISCAL
YEAR 2006-2007
BACKGROUND: Pursuantto the existing solid waste franchise agreement with CR&R,
Incorporated, the rates charged for refuse collection and recycling for residential and commercial
services in the City of Temecula are subject to annual review and modification. The franchise
agreement provides for adjustments based upon changes in the Consumer Price Index (CPI), #2
Diesel Fuellndex,(both provided by the U.S. Department of Labor) and changes to the Riverside
County Landfill Tip Fees. The CPI increase as reported by the U.S. Department of Labor Bureau of
Labor Statistics-Los Angeles-Riverside-Orange Co; for All Urban Consumers is 4.5%. The #2
Diesel Fuel Index increased by 47.5% in calendar year 2005. The County of Riverside Waste
Management Department has increased their tip fee for FY 2006-2007 at county landfills by 4.5% or
$1.05 increase per ton.
The solid waste commercial rates for fiscal year 2006-2007 reflect an approximate 7.8% overall
increase from FY 2005-2006. The TCSD Board of Directors reviewed the single-family residential
refuse and recycling collection rate on June 27, 2006 as part of the proposed TCSD Rates and
Charges for FY 2006-2007.
The attached Exhibit "D" reflects the new rates for solid waste collection for all collection services to
become effective July 1 , 2006.
FISCAL IMPACT: No additional costs will be borne by the CityofTemecula since these
services are paid for directly by the customers receiving the services.
ATTACHMENTS:
Resolution
Revised Exhibit "D"
Consumer Price Index - U.S. Department of Labor
#2 Diesel Fuel Data - U.S. Department of Labor
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVE THE SOLID WASTE RATES
FOR FISCAL YEAR 2006-2007
THE CITY COUNCil OF THE CITY OF TEMECUlA DOES HEREBY RESOLVE
AS FOllOWS:
Section 1. The City of Temecula (the "City") and C R & R Incorporated (The
"Grantee") entered into an exclusive agreement on May 28, 1991 for the collection,
transportation, recycling, composting, and disposal of solid waste and construction
debris and for providing temporary bin/roll off services in the City.
A. The franchise agreement provides for periodic rate adjustments based on
certain predefined criteria, specifically annual Consumer Price Index ("CPI")
adjustments, #2 Diesel Fuel Index and landfill tipping fee adjustments.
B. The franchise agreement further provides a formula to calculate the fee
adjustments to be made to the agreement on an annual basis using the following
factors:
a. The CPI adjustment of 4.5% will be used for Fiscal Year 2006-2007
rates.
b. The #2 Diesel Fuel Index adjustment of 47.5% will be used for Fiscal
Year 2006-2007 rates.
c. The County of Riverside Waste Management Department landfill tip
fee adjustment of 4.5% will be used for Fiscal Year 2006-2007 rates.
C. The franchise agreement provides that the solid waste fee adjustments
are to be adopted by the City Council by Resolution.
Section 2. That the City of Temecula approves the solid waste fee
adjustments as shown in Exhibit "D" for fiscal year 2006-2007.
Section 3. The City Clerk shall certify to the passage and adoption of the
Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 27th day of June , 2006.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 06- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 27th day of June, 2006, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
CITY of TEMECULA
Exhibit "D"
Schedule of Rates
(effective July 1, 2006)
1. Mechanized single family detached residential collection, recycling, composting, transfer,
and disposal grantee billing
Monthly Rate:
$ 16.50
2. Mechanized single family detached residential collection, recycling, composting, transfer,
and disposal parcel charge
Monthly Rate:
$ 16.50
3. Mechanized single family detached residential additional refuse, and composting container
grantee billing
Monthly Rate:
$ 6.87
4. Single family detached residential additional bulky item pick up - grantee billing
Pick Up Rate:
$ 8.24
5. Commercial. industrial, and multi-family residential refuse monthly bin rates ( one 2 cubic
yard bin) with the following pick ups per week:
1 x week
2 x week
3 x week
4 x week
5 x week
6 x week
7 x week
$ 78.51
$ 157.02
$ 235.53
$ 314.04
$ 392.55
$ 471.06
$ 549.57
Compacted 2 Cubic Yard monthly rate:
2.5 x monthly rate
6. Commercial, industrial, and multi-family residential refuse monthly bin rates (one 3 cubic
yard bin ) with the following pick ups per week:
I x week
2 x week
3 x week
4 x week
5 x week
6 x week
7 x week
Compacted 3 Cubic Yard monthly:
$ 90.61
$ 181.22
$ 271.83
$ 362.44
$ 453.05
$ 543.66
$ 634.27
2.5 x monthly rate
7. Commercial, industrial, and multi-family residential recvcliol!' monthly bin rates ( one 3
cubic yard bin) with the following pick ups per week:
1 x week
2 x week
3 x week
4 x week
5 x week
6 x week
7 x week
$ 40.62
$ 81.24
$ 121.86
$ 162.48
$ 203.10
$ 243.72
$ 284.34
8. Commercial, industrial, and multi-family residential refuse monthly bin rates ( one 4 cubic
yard bin ) with the following pick ups per week:
1 x week
2 x week
3 x week
4 x week
5 x week
6 x week
7 x week
Compacted 4 Cubic Yard monthly rate:
$ 102.75
$ 205.50
$ 308.25
$411.00
$ 513.75
$ 616.50
$ 719.25
2.5 x monthly rate
9. Commercial, industrial, and multi-family residential recvclinl! monthly bin rates ( one 4
cubic yard bin ) with the following pick ups per week:
10. Temporary 3 cubic yard bin rate:
11. Extra 3 cubic yard pick up:
12. Redeliver and reinstatement rate:
13. Roll-off disposal rate:
14. Roll-off recycling rate:
15. Roll-off compactor rate:
16. Roll-off recycling compactor rate:
17. "Hard to service" vehicle usage rate:
18. "Hard to service" bin moving rate:
19. Special bin lids (locking/CBL) rate:
20. Deodorizing / replacing bin rate:
1 x week
2 x week
3 x week
4 x week
5 x week
6 x week
7 x week
$ 53.78
$107.56
$161.34
$215.12
$268.90
$322.68
$376.46
$ 79.41 per load
$ 41.73 pick up
$ 33.66 per occurrence
$187.45 MRF/1andfill fee
$187.45 plus market valve
$260.97 MRFllandfi11 fee
$260.97 plus market valve
no charge
no charge
no charge
no charge
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Page 1 of2
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BLS Home I Programs & Surveys I Get Detailed Statistics I Glossary I What's New I Find It! In DOL
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Data extracted on: June 13, 2006 (11:41 PM)
PPI Commodity Data
189'100'@)
128'200-@
60.900"
Series Catalog:
Series ID : WPU057303
Not Seasonally Adjusted
Group: Fuels and related products and power
Item: #2 diesel fuel
Base Date: 8200
60.900~
128. 2"
o . 4'75 ":.,. ,
Data:
IYearl1 Jan II Feb II Mar II Apr II May IIJimlI Jul II Aug II Sep II Oct II Nov II Dec II Ann I
119961162.2 1159.4 1162.6 1175.4 1174.5 1[64.9 1166.1 .1166.6 -1174.7 1180.2 1177.0 1176.0 1170.0 I
119971173.2 1173.1 1166.5 1166.1 1163.6 1161.Ol157.7 1[62.il[61.3l164.7 1165.8 1158.9 1164.5 .
119981153.9 115l.3l147.6 1150.0 1150.0 1145.8 1144.7 1144.4 1148.1 1147.3 1146.1 1139.0 1147.4
119991140.2 1138.1 1143.2 1153.1 1153.0 1153.5lI59.8 1165.6 1[68.8 1167.5 .1171.9 1172.7 1157.3 I
120001!76.il186.1 1190.0 1184.1 1182.8 1185.7 1189.5 1/92.111110.811110.011110.411101.61193.3 I
120011196.7 1192.4 1183.51186.4 1193.1 1190.2 1181.6 1182.0 Jl91.6 1175.9 l/"7i.3 1156.2 Jl83.4 1
120021158.9 1160.0 1169.7 1176.9 1174.7 1173.3 1177.6 1180.4 1192.3 1198.7 1185.5 jl86.8 1177.9 I
120031197.6 11123.811129.411102.31187.9 1189.8 1192.7 1196.6 1191.1l1101.11195.9 1198.1 11100.51
1200411109.311103.711109. *19. 911121.011114. 211123.011135.111140.911166.611159.711135.311128. 21@
1200511141.111149.511173.311175.411170.811187.21[189. 811200. 611212. 611264.111206.21[198.511189 .111({2)
1200611197 111195.811205.711230.411239.61 .
. (P) (P) (P) (P)
P : Preliminary. All indexes are subject to revision four months after original publication.
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06/13/2006
Ii
-
I.
ITEM NO. 18
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
/JIZ
tf
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Herman D. Parker, Director of Community Services
DATE:
June 27,2006
SUBJECT:
Arts Council of Temecula Valley Special Events Community Grant Agreement
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the City Council approve a Special Events Community Grant
Agreement between the City of Temecula and the Arts Council of Temecula Valley in the amount of
$32,000.
BACKGROUND: The Arts Council of Temecula Valley (Arts Council) has been
sponsoring fall and spring Concerts on the Green and an annual Arts in the Country Festival for
several years. The City has traditionally participated with the Arts Council in partial funding of some
of these events.
This year the Arts Council will again sponsor the fall Concert on the Green. This popular event has
been successfully offered for many years and is well received by the community.
This year, the Arts Council is planning to consolidate the Arts in the County Festival into an Arts
Festival that will be presented for three consecutive days; September 29,30 and October 1 at Bel
Villaggio. Many of the business in Bel Villaggio are expected to participate in the Festival. The Arts
Council will provide a venue for many visual and musical artists, with varied live entertainment
offered on three stages throughout the weekend. It is anticipated that by concentrating efforts and
offering the event at one central location will allow more people to enjoy the Festival.
The Arts Council is requesting that the City participate in these efforts by providing a special events
community grant. Funds provided by the City are used to pay for advertising and promotion,
printing, stage and lighting, orchestras, bands, and other entertainment. The proposed grant will
provide $12,000 in funding toward the fall Concert on the Green and $20,000 in funding toward the
Arts Festival, for a total grant of $32,000.
FISCAL IMPACT: The cost to co-sponsor the fall Concert on the Green and the Arts
Festival is $32,000. Sufficient funds are available in the Community Support Budgetfor FY 2006/07.
ATTACHMENTS:
Special Events Community Grant Agreement
SPECIAL EVENTS COMMUNITY GRANT AGREEMENT
BETWEEN THE CITY OF TEMECULA AND THE
ARTS COUNCIL OF TEMECULA VALLEY
THIS AGREEMENT is made by and between the City of Temecula ("City"), a
municipal corporation, and the Arts Council of Temecula Valley, a non-profit corporation, and is
dated as of June 27, 2006. In consideration of the mutual covenants and agreements
contained herein, the parties agree as follows:
1. This Agreement is made with respect to the following facts and purposes,
which each of the parties hereto acknowledge and agree to be true and correct:
a. The Arts Council of Temecula Valley ("Arts Council") coordinates
many programs for the cultural arts within the City of Temecula, which are not provided
by the City's recreation and cultural arts program.
b. The Arts Council warrants and represents to the City that it is a
non-profit, tax exempt corporation under the tax laws of the United State and California,
and agrees to continue in such status during the term of this Agreement.
b. The City Council desires to award a special events community
grant to the Arts Council in the amount of thirty-two thousand dollars ($32,000) for the
purpose of continuing and enhancing its cultural arts programs within the City of
Temecula. The City Council hereby allocates $12,000 to co-sponsor the costs of
providing the Fall Concert on the Green and $20,000 for the Arts Festival special events
("Events") to be presented by the Arts Council during fiscal year 2006-2007.
c. This Agreement provides for the manner in which the grant will be
paid to the Arts Council.
2. The City shall pay $32,000 to the Arts Council to promote and present the
Events for the fiscal year ending June 30, 2007. Arts Council shall submit an invoice to the City
prior to each event, which shall represent the City's sponsorship of each event as outlined in
Section 1.b. City shall pay the invoice or provide its written objections to it within thirty (30)
working days following receipt by the City.
3. The term of this agreement shall be July 1, 2006 to June 30, 2007.
4. The City may at any time, for any breach of this Agreement, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Arts Council at least ten
(10) days prior written notice. If the breach is corrected during this ten-day period, City may, in
its sole and exclusive discretion, rescind the termination. If the City suspends or terminates a
portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement. Arts Council shall make available to the City its books, records
and financial documents in such form as to allow City to verify Arts Council's compliance with
the terms of this Agreement.
5. The Arts Council agrees to defend, indemnify, protect and hold harmless
the City, its officers, officials, and employees from and against any and all claims, demands,
C:IWI N DOWSlapsdoclnettempI7081$ASQpdf809279. doc
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 Arts Council's negligent or wrongful acts or omissions arising out of or in any way
related to the performance or non-performance of this Agreement, excepting only liability
attributable to the active negligence of the City.
6. Arts Council shall procure and maintain, or shall have provided on its
behalf, for the duration of fiscal year 2006-2007 insurance against claims for injuries to persons
or damages to property which may arise from or in connection with the performance of the
activities of the Arts Council, its agents, representatives, or employees.
a. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form No. CG
00 01 11 85 or 88, including a non-owned auto endorsement.
(2) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. Workers Compensation Insurance
shall not be required if the Arts Council has no employees.
b. Minimum Limits of Insurance. Arts Council shall maintain limits on the
policies described in Subsection a. of no less than the following amounts unless otherwise
approved by the City Manager:
(1) General Liability: One million dollars ($1,000,000) per occurrence for
bodily injury, personal injury and property damage.
(2) Workers' Compensation as required by the State; Employer's
Liability: One million dollars ($1,000,000) per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager.
d. Other Insurance Provisions. The general liability policies shall contain, or
be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities performed by or
on behalf of the Arts Council; premises owned, occupied or used by the Arts
Council; or automobiles owned, leased, hired or borrowed by the Arts Council.
The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees or volunteers.
(2) For any claims related to this Agreement, the Arts Council's
insurance coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured maintained by
the City, its officers, officials, employees or volunteers shall be excess of the Arts
Council's insurance and shall not contribute with it.
C:IWI N DOWSlapsdoclnettempI7081$ASQpdf809279. doc
(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 Arts Council's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice
to the City by certified mail, return receipt requested, has been given to the City.
e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a
current AM. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraae. Arts Council 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 Arts Council's insurer
may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
7. Arts Council 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 Arts Council shall at all times be under Arts Council's exclusive direction and control.
Neither City nor any of its officers, employees or agents shall have control over the conduct of
Arts Councilor any of Arts Council's officers, employees or agents, except as set forth in this
Agreement. Arts Council 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.
Arts Council shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
8. 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
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
Attention: City Manager
C:IWI N DOWSlapsdoclnettempI7081$ASQpdf809279. doc
To Arts Council:
Arts Council of Temecula Valley
P.O. Box 2337
Temecula, California 92593
Attention: Executive Director
9. The Arts Council shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City.
10. This Agreement contains the entire understanding between the parties
relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or
written, are merged into this Agreement and shall be of no further force or effect.
C:IWI N DOWSlapsdoclnettempI7081$ASQpdf809279. doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Attest:
Ron Roberts
Mayor
Susan Jones, MM
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
ARTS COUNCIL OF TEMECULA VALLEY, a California
non-profit corporation
By:
Name:
Title:
By:
Name:
Title:
C:IWI N DOWSlapsdoclnettempI7081$ASQpdf809279. doc
Charles Arauio
President
Ruth Hobbs
Executive Director
Ii
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I.
ITEM NO. 19
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
11/2
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Herman D. Parker, Director of Community Services
DATE:
June 27, 2006
SUBJECT:
Library Furnishings Purchase
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
Gus Papagolos, Fiscal Services Manager
RECOMMENDATION: That the City Council:
1. Approve a purchase from Library Design Group in the amount of $150,208.08 plus a 10%
contingency for library furnishings in the public areas of the Temecula Public Library and authorize
the City Manager to execute the purchase agreement.
2. Approve a purchase from Yamada Enterprises in the amount of $45,125.70 plus a 10%
contingency for children's library furnishings and adult lounge chairs in the public areas of the
Temecula Public Library and authorize the City Manager to execute the purchase agreement.
BACKGROUND: The Temecula Public Library is nearing completion of construction and
it is now time to order library furnishings for the facility. Over the course of time, the Library Project
Design Committee has considered many samples and styles of furnishing from several well
respected manufacturers of library furnishings. Some of the criteria used by the committee to select
recommended furnishings were:
D Construction and durability of the furniture
o Compatibility of the furniture design to the overall library design
D Longevity of aesthetic design quality of the furnishings
o Competitive pricing
D Warranty provisions
o Comfort of the furnishings
Based upon the above criteria, and in recognition of the complexity and aesthetic nature of the
library furnishings the City as an alternative to the formal bidding process solicited proposals forthe
purchase of library furnishings from four major companies and is recommending the award to
purchase which best serves the needs of the City. This action provides the City with the highest
certainty that all of the library furnishing requirements will be satisfied. The Project Design
Committee has selected furnishing the Brodart Epoch Series library furniture for the general public
areas in the library. These furnishings include tables, chairs, study carrels, and appurtenant
furnishings. Library Design Group is the furniture dealer providing Brodart library furniture in the
Temecula area.
The Brodart Epoch Series furniture selected by the Project Design Committee has a ten (10) year
warranty against any defects in materials or workmanship and a lifetime warranty against any failure
on the table leg fastening systems. The workmanship is of a high quality and the furniture design
complements the library interior design. The Project Design Committee felt that the aesthetic design
of selected furnishings would meet the City's needs for many years and would not quickly become
outdated. The Epoch study chair was deemed to be the most comfortable of the approximately ten
(10) chairs reviewed by the committee.
The Project Design Committee has also selected furnishing by Yamada Enterprises for the
Children's Library. These furnishings include tables and chairs in two sizes to accommodated older
and younger children's needs. Yamada also is the provider of the American Classics chair which
was the Committee's seating selection for the adult lounge areas in the library.
The City also released a Request for Qualifications for Citywide furniture needs. Staff is working
with the selected vendor, GM Business Interiors, to select and purchase the remaining library
furnishings that will be needed. Those furnishings will be for the Technology Homework Center,
Young Adult area, Community Room, Grace Mellman Heritage Room, staff work areas, and staff
lounge. Staff will be bringing those recommendations back to the City Council for consideration at a
later date.
FISCAL IMPACT:
Improvement Budget.
Adequate funds are available in the Fiscal Year 2005-2006 Capital
ATTACHMENTS:
Price Proposals from Library Design Group
Price Proposals from Yamada Enterprises
bany
Universal Seating Co. 3419 Via Lido NO.333 Newport Beaeh, Ca. 92663
Proposal 00) 330-7328
Toll free fax line (800) 586-3291
2-Jun-06
Temecula Public Library
Brodart
h Powder Coat enamel leg finish.
- Brodart Parallax Wood Seat and back Chairs
Item # Quantity Model Description material freight installation Library Unit Price Library Total Price
S-1 Brodart Model #61-864 Puff Scroll rocking chair $374.06 $74.81 $49.88 $498.75 $498.75
standard Fabric upholstery- with metal frame $0.00 $0.00 $0.00 $0.00
(p538 of 2006 supply catalog) $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
S-2A 2 $148.50 $29.70 $19.80 $198.00 $396.00
Brodart Model #61-873 Gressco 17" high cylinder
Standard fabric upholstery $0.00 $0.00 $0.00 $0.00
(Page 538 of 2006 supply catalog) $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
2 $148.50 $29.70 $19.80 $198.00 $396.00
S-2B Brodart Model #61-873 Gressco 17" high cylinder
Standard fabric upholstery $0.00 $0.00 $0.00 $0.00
(Page 538 of 2006 supply catalog) $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
S-2C 2 Brodart Model #61-873 Gressco 17" high cylinder $148.50 $29.70 $19.80 $198.00 $396.00
Standard fabric upholstery $0.00 $0.00 $0.00 $0.00
(Page 538 of 2006 supply catalog) $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
S-2D Brodart Model #61-873 Gressco 17" high cylinder $148.50 $29.70 $19.80 $198.00 $198.00
Standard fabric upholstery $0.00 $0.00 $0.00 $0.00
(Page 538 of 2006 supply catalog) $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
S-2E Brodart Model #61-873 Gressco 17" high cylinder $148.50 $29.70 $19.80 $198.00 $198.00
Sales tax total
$38.65 $537 AO
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$30.69 $426.69
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$30.69 $426.69
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$30.69 $426.69
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$15.35 $213.35
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$15.35 $213.35
Standard fabric upholstery $0.00 $0.00 $0.00 $0.00
(Page 538 of 2006 supply catalog) $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
S-2F Brodart Model #61-873 Gressco 17" high cylinder $148.50 $29.70 $19.80 $198.00 $198.00
Standard fabric upholstery $0.00 $0.00 $0.00 $0.00
(Page 538 of 2006 supply catalog) $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
S-2G Brodart Model #61-873 Gressco 17" high cylinder $148.50 $29.70 $19.80 $198.00 $198.00
Standard fabric upholstery $0.00 $0.00 $0.00 $0.00
(Page 538 of 2006 supply catalog) $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
S-3 20 Brodart Parallax Chair - Birch Wood with Cherry Stain $213.90 $42.78 $28.52 $285.20 $5,70400
$0.00 $0.00 $0.00 $0.00
$213.90 $42.78 $28.52 $285.20 $17,39720
S-4 61 Brodart Parallax Chair - Birch Wood with Cherry Stain
$0.00 $0.00 $0.00 $0.00
T-1 2 Brodart Epoch Series Table $1,04831 $209.66 $139.77 $1,39774 $2,79548
42" wide x 42" deep Square table. $0.00 $0.00 $0.00 $0.00
with Maple Wood and Marmoleum type top. $0.00 $0.00 $0.00 $0.00
Powder Coat Metal leg finish on all tables. $0.00 $0.00 $0.00
T- 2 Brodart Epoch Series Table $1,34875 $269.75 $179.83 $1,79833 $1,79833
48" deep X 72" long Rectangular table. $0.00 $0.00 $0.00 $0.00
with Maple Wood and Marmoleum type top. $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
T-3 4 Brodart Epoch Series Table $1,86747 $37349 $249.00 $2,489 96 $9,95984
42" deep X 84" long Rectangular table. $0.00 $0.00 $0.00 $0.00
with Maple Wood and Marmoleum type top. $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
T- 4 2 Brodart Epoch Series Table $1,34867 $269.73 $179.82 $1,79823 $3,59646
42" deep X 72" long Rectangular table. $0.00 $0.00 $0.00 $0.00
with Maple Wood and Marmoleum type top. $0.00 $0.00 $0.00 $0.00
I $0.00 $0.00 $0.00 $0.00
T-5 SPECIAL Size Brodart Epoch Series Table $2,99692 $599.38 $399.59 $3,995 89 $3,995 89
42" deep X 115" long Rectangular table. $0.00 $0.00 $0.00 $0.00
with Maple Wood and Marmoleum type top. $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
$15.35 $213.35
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$15.35 $213.35
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$442.06 $6,14606
$0.00 $0.00
$1,34828 $18,7 4548
$0.00 $0.00
$216.65 $3,01213
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$139.37 $1,93770
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$771.89 $10,73173
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$278.73 $3,87519
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$309.68 $4,30557
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
T-6 15 Brodart Epoch Series Table $1,04831 $209,66 $139,77 $1,39774 $20,96610
42" wide x 42" deep Square table, $0,00 $0,00 $0,00 $0,00
with Maple Wood and Marmoleum type top, $0,00 $0,00 $0,00 $0,00
$0,00 $0,00 $0,00 $0,00
T-7 Brodart Epoch Series Atlas Stand $1,799.72 $359,94 $239,96 $2,39963 $2,39963
$0,00 $0,00 $0,00 $0,00
T-8 2 Brodart Epoch Series Newspaper Display Unit $898,84 $179,77 $119,85 $1,19845 $2,39690
with hanging rods, $0,00 $0,00 $0,00 $0,00
$0,00 $0,00 $0,00 $0,00
T-9 Brodart Epoch Series Table $1,19192 $238,38 $158,92 $1,58922 $1,58922
30" deep X 60" long Rectangular table, $0,00 $0,00 $0,00 $0,00
with Maple Wood and Marmoleum type top, $0,00 $0,00 $0,00 $0,00
$0,00 $0,00 $0,00 $0,00
T-10 2 Brodart Epoch Series Table $1,04637 $209,27 $139,52 $1,39516 $2,790,32
24" wide x 24" deep Square Side table, $0,00
with Maple Wood and Marmoleum type top,
total list price
Total Library Price, Delivered and installed, $75,38937
7.75% California State Sales Tax $5,84268
Total amount of above items including California State $81,23205
Sales tax.
$1,62487
$0.00
$0.00
$0.00
$185.97
$0.00
$185.76
$0.00
$0.00
$123.16
$0.00
$0.00
$0.00
$216.25
$22,59097
$0.00
$0.00
$0.00
$2,58560
$0.00
$2,58266
$0.00
$0.00
$1,71238
$0.00
$0.00
$0.00
$3,00657
bany
Universal Seatin9 Co. 3419 Via Lido NO.333 Newport Beaeh, Ca. 92663
Proposal- Custom Furniture ,(800) 330-7328
Toll free fax line (800) 586-3291
2-Jun-06
Temecula Public Library
LF-2
1- Study Carrel Six Position Tables
LF-4- Custom Check out/Book Display unit
Item #
Quantity
Model Description
material
freight
installation
Library Unit Price
NOTE: The following proposal is based on
units manufactured bv Brodart in the
Epoch Series Stvle to match other
Epoch Stvle Furniture.
These will be constructed using Epoch
Series units modified to be in the same
arrangement as shown on the blueprint
lavouts- but due to manufacturing constraints.
they are not exact to the Specified units
on Pages LF2. LF3 and LF4.
NOTE: We have priced these units to be
manufactured and shipped with other
Brodart Library Furniture.
We can onlv accept an order for these units
if awarded the Brodart tables and
chairs on our other proposals.
Special Non Fiction Computer table
I Library Total Price Sales tax total
LF-2 Brodart Epoch Series- Modified Construction. $10,27699 $583.92 $817.49 $11,678.40
Model #59-673 36" wide computer stations. $0.00 $0.00 $0.00
With standard stain selections. $0.00 $0.00 $0.00
with marmorette top surface. $0.00 $0.00 $0.00
Unit to be composed of 7 Model #59-673 carrel $0.00 $0.00 $0.00
sections- each 36" wide. $0.00 $0.00 $0.00
$0.00 $0.00 $0.00
With rear panel of 3 Form resin $0.00 $0.00 $0.00
Varia Collection 3/8" thick panel. $0.00 $0.00 $0.00
$0.00 $0.00 $0.00
Rear of unit has full panel from under worksurface to $0.00 $0.00 $0.00
floor.
NOTE: Arced side panels will be lowered to be $0.00 $0.00 $0.00
placed at writing surface level. $0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
LF-3 2 Brodart Epoch Series- Modified Construction. $9,887.46 $561.79 $786.50 $11,23575
Model #59-460 48" wide computer stations. $0.00 $0.00 $0.00
Double faced style- 6 positions total $0.00 $0.00 $0.00
With standard stain selections. $0.00 $0.00 $0.00
with marmorette top surface. $0.00 $0.00 $0.00
Unit to be composed of 3 Model #59-460 carrel $0.00 $0.00 $0.00
sections- each doublefaced section to be 48" wide. $0.00 $0.00 $0.00
$0.00 $0.00 $0.00
With rear panel of 3 Form resin $0.00 $0.00 $0.00
Varia Collection 3/8" thick panel. $0.00 $0.00 $0.00
$0.00 $0.00 $0.00
Rear of unit has full panel from under worksurface to $0.00 $0.00 $0.00
floor.
NOTE: Arced side panels will be lowered to be $0.00 $0.00 $0.00
placed at writing surface level. $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
LF-4 Self Checkout and Book Display Unit $26,28118 $1,49325 $2,09055 $29,86498
Brodart Epoch Series Specially constructed
unit with the following features:
$11,67840 $905,08 $12,58348
$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 $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
$22,47150 $1,74154 $24,21304
$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 $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
$29,86498 $2,31454 $32,17952
1. Cherry Veneers
2. 3 Form Varia Moderna Matrix Resin panels
3. Marmorette Gray #19090 Armstrong Linoleum
top surfacing.
4. Laminate toe kicks
NOTE: Due to construction constraints- all doors
and cupboards will have straight doors
(not curved)
total list price
Total Library Price, Delivered and installed.
7.75% California State Sales Tax
Total amount of above items including California State
Sales tax.
$0.00
$0.00
$0.00
$0.00
$64,01488
$0.00
$0.00
$0.00
$4,96115
$68,976.03
QUOTATION # 06292-L
~ YAMADA
III~...I E N T E R P R I S E 5
16552 Burke Lane, Huntington Beach, CA 92647-4538
(714) 843-9882 . (800) 444-4594. FAX (714) 843-9202
To: LPA
5161 California Ave., Suite 1003
Irivine, CA 92617
Date: 6/14/2006
Job Location: Temecula
Est. Lead Time: 90-120 Days
Freight: Incl.
F.O.B.: Destination
Terms: Net 30
AUn: Chris Lentz
FAX:
ITEM QTY. PART NO. DESCRIPTION U NIT PRICE EXTENSION
TMC Furniture
1 14 SL01l312 Lorca 12" Child Chair. 195.00 $ 2,730.00
2 36 SL01l316 Lorca 16" Child Chair. 225.00 $ 8,100.00
3 3 TC36L20 Lorca Round 36"D Table. Leg height 685.00 $ 2,055.00
is 20".
4 7 TC36L20 Lara Round 36"D Table. Leg height is 685.00 $ 4,795.00
24".
NOTES:
Finish and cut-outs are standard per Chris Lentz.
COST OF MATERIAL $ 17,680.00
7.750/0 SALES TAX $ 1,370.20
FREIGHT Included
INSTALLATION Included
TOTAL $ 19,OSO.20
1 This quotation is subject 10 change unless accepted within 60 days from the above date
2 Shipping dates are approximate and are based upon receipt of all necessary information
3 Prices quoted do not include direct taxes imposed by Federal, State or Municipal authorities
unless stated
4 A service charge of 1)1,% per month (18% annum) will be charged on all past due accounts
~~
Linda Braverman
linda@yamadaenterprises.com
6/14/2006
06292-L
Page 1
QUOTATION # 06293-L-R1
~ YAMADA
III~...I E N T E R P R I S E 5
16552 Burke Lane, Huntington Beach, CA 92647-4538
(714) 843-9882 . (800) 444-4594. FAX (714) 843-9202
To: LPA
5161 California Ave., Suite 1003
Irivine, CA 92617
Date: 6/15/2006
Job Location: Temecula
Est. Lead Time: 90-120 Days
Freight: Incl.
F.O.B.: Destination
Terms: Net 30
AUn: Chris Lentz
FAX:
ITEM QTY. PART NO. DESCRIPTION U NIT PRICE EXTENSION
The Worden Company
1 20 XACLT.M.1.COM American Classics Lounge Tapered 1,210.00 $ 24,200.00
Chair.
NOTES:
Wood is Cherry.
Finish is standard per Chris Lentz.
Fabric is Designtex "Tinos #2548-102 Iron".
COST OF MATERIAL $ 24,200.00
7.750/0 SALES TAX $ 1,875.50
FREIGHT Included
INSTALLATION Included
TOTAL $ 26,07S.S0
1 This quotation is subjeclto change unless accepted within 60 daysfromlhe above date
2 Shipping dates are approximate and are based upon receipt of all necessary information
3 Prices quoted do not include direcltaxes imposed by Federal, State or Municipal authorities
unless stated
4 A service charge of 1)1,% per month (18% annum) will be charged on all past due accounts
~~
Linda Braverman
linda@yamadaenterprises.com
6/15/2006
06293-L-R 1
Page 1
Ii
-
I.
ITEM NO. 20
I
I
Approvals
City Attorney
Director of Finance
City Manager
V
/J12.
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Herman D. Parker, Director of Community Services
DATE:
June 27, 2006
SUBJECT:
Riverside County Library Contract Amendment NO.9
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION:
That the City Council:
1. Approve Amendment NO.9 to the Agreement to Provide Library Services (Additional Staff).
2. Authorize the expenditure of an amount not to exceed $50,000 to fund the Temecula Library
Volunteer Coordinator half-time position and to subsidize funding to maintain the Senior Reference
Librarian and Reference Librarian positions for the first four (4) months of fiscal year 2006-07.
BACKGROUND: The Riverside County Library System (RCLS) has been operating
under a contract with Library Systems and Services, Inc. (LSSI) since July 1, 1997. That contract is
administered by RCLS Service Areas. The Temecula branch library in par of the Mid-South Zone
Service Area and received funding from Temecula, Sun City, Lake Elsinore, Canyon Lake, San
Jacinto, Valle Vista, Idyllwild, Calimesa and Anza regions.
For the past year, the Temecula Branch Library has been open to the general public for 52 hours
per week. The library staffing for FY 2005-06 was as follows:
POSITION TITLE
NUMBER OF FULL TIME
EQUIVALENTS (FTE)
1
2
1.5
3
4
.5
4.5
165
Librarian (Branch Manager)
Reference Librarian
Librarian Associate
Library Technician
Library Assistant
Volunteer Coordinator
Library Page
Total
The City of Temecula has subsidized 2.5 full time equivalent positions since FY 1998-99 in an
amount not to exceed $150,000. The positions provided for are two Reference Librarians and a
half-time Volunteer Coordinator. Without the additional revenue from the City, the RCLS would not
be able to provide these positions or the services that they offer to the community.
With the opening of the new Temecula Public Library later this year, the City anticipates entering
into an operating agreement that will provide staffing and other services at the new library and the
County branch. It is estimate that the new operating agreement will become effective sometime in
the fall of 2006. Until that time, there is still a need to independently support the branch library.
Staff is, therefore, recommending the approval of an amendment to the existing agreement with
RCLS to provide one-third of prior years' funding which should provide forthe branch needs until the
new operating agreement is effective and the new library is open.
FISCAL IMPACT: Cost to provide funding for 2.5 full time equivalent positions at the
library is not to exceed $50,000. Sufficient funding has been included in the Council discretionary
line item in the approved FY 2006-07 Community Support budget.
ATTACHMENTS:
Amendment NO.9 to Agreement to Provide Library Services
NINTH AMENDMENT TO AGREEMENT TO PROVIDE LIBRARY SERVICES
(Additional Staff)
COUNTY OF RIVERSIDE - RIVERSIDE COUNTY LIBRARY SYSTEM
And the CITY OF TEMECULA
(Fiscal Year 2006-2007)
WHEREAS, the County of Riverside, Riverside County Library System ("County")
and the City of Temecula ("City") have entered into an agreement to provide library services
(additional staff) (the "Agreement"), as amended, and the parties wish to further amend the
Agreement, to be effective on July 1, 2006:
NOW THEREFORE, the parties agree as follows:
A. Section 1. RESPONSIBILITY OF THE PARTIES is amended to change the time
period in sub-section 1.1, as amended, to "July 1, 2006 through October 31, 2006". All
other provisions of the section, as amended, shall remain unchanged.
B. Section 1.2 Citv Pavment of Cost of Emolovee: City shall pay the actual salary paid
to and benefits paid on behalf of the Employee for the term of this Agreement, as amended,
the an amount not to exceed $50,000.
B. Section 4.2 Term is amended to add the following paragraph to the end of the
existing section, as amended:
"The term of this Agreement is extended, and shall include the time period
from July 1, 2006 through October 31, 2006. City or County may terminate
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this Agreement, as amended, for no cause, on the giving of thirty (30) days
written notice to the other party."
C. All other terms and conditions of the Agreement, as amended, shall remain
unchanged and remain in full force and effect.
IN WITNESS WHEREOF, County and City have caused this Seventh Amendment to be
duly executed by the parties hereto:
CITY OF TEMECULA
COUNTY OF RIVERSIDE
By:
Ron Roberts, Mayor
By:
Chair, Board of Supervisors
Attest:
Susan W. Jones, MMC, City Clerk
Attest:
Clerk to the Board of Supervisors
By:
Deputy
APPROVED AS TO FORM:
APPROVED AS TO FORM:
WILLIAM C. KATZENSTEIN
County Counsel
By:
Peter M. Thorson, City Attorney
By:
Deputy County Counsel
LIBRARY SYSTEMS AND SERVICES, LLC
By:
Mark Smith, Deputy Administrator
C:\WI N DOWSlapsdoclnettemp\ 1 052\$ASQpdf809308. doc 2
C:\WI N DOWSlapsdoclnettemp\ 1 052\$ASQpdfB09308. doc 3
SEND COUNTY SD6ETS WITH
ORIGINAL SIGNATURES FOR
DISTRIBUTION
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TEMECULA COMMUNITY
SERVICES DISTRICT
Ii
-
I.
ITEM NO. 21
I
I
Approvals
City Attorney
Director of Finance
City Manager
p.,("
IJIl..
~
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
June 27,2006
SUBJECT:
Professional Services Agreement for TCSD Landscape Plan Check and
Inspection Services
PREPARED BY:
Barbara Smith, Senior Management Analyst
RECOMMENDATION: That the Board of Directors approve a one (1) year Professional
Services Agreement with Community Works Design Group for TCSD landscape plan check and
inspection services in the amount of $60,000 and authorize the Board President to execute the
agreement.
BACKGROUND: On May 17, 2006 the City solicited Request for Qualifications from
qualified landscape architectural firms to provide landscape plan check and landscape field
inspection services to the Planning Department, Public Works Department and Temecula
Community Services District (TCSD). The City received three (3) responses and all three firms were
interviewed.
After reviewing the proposals and discussing the evaluation conducted during the interview process
a panel of staff members from Planning, Public Works and TCSD determined that Community
Works Design Group was the most qualified firm. Community Works Design Group employs several
licensed landscape architects and maintains support staff that can provide quality work at the work
load volume that all three City departments produce.
CommunityWorks Design has agreed to keep the same processes, scope of work and fee structure
in place used by our previous consultant to assist the City in this transitioning period. The initial term
of the contract with TCSD will be for a one-year period with the possible extension of three (3)
additional one-year terms.
FISCAL IMPACT: There is no net fiscal impact to the TCSD. The fees paid to the
consultant are offset by the plan check and inspection fees paid by the developers. Sufficient
appropriations are in the FY 2006-2007 budget in fund 190-180-999-5248 (Parks and Medians) in
the amount of $30,000 and in fund 193-180-999-5248 (Perimeter Landscaping) in the amount of
$30,000.
ATTACHMENTS:
Agreement for Consultant Services
AGREEMENT
FOR CONSUL TANT SERVICES
BETWEEN THE CITY OF TEMECULA
AND COMMUNITY WORKS DESIGN GROUP FOR TCSD PLAN CHECK
AND LANDSCAPE INSPECTION SERVICES
THIS AGREEMENT is made and effective as of July 1, 2006, between the City of
Temecula, a municipal corporation ("City") and Community Works Design Group ("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 1,2006, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2007, 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.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. 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 $60,000.00 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.
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06/16/2006
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 orterminates
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. DEFAUL T 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 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
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available to the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 0001 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.
(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1 ,000,000) peraccidentfor
bodily injury or disease.
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(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) Anyfailure 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. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraqe. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed 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.
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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 anyway affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure
of the Consultant to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the 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.
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
C"\VvINDOWS\apsdoc\nettemp\1008\$ASQpdf809194.dot
06/16/2006
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:
Community Works Design Group
4649 Brockton Avenue
Riverside, CA 92506
Mr. Timothy Maloney
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
16. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses forthe relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula
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.
C"\VvINDOWS\apsdoc\nettemp\1008\$ASQpdf809194.dot
06/16/2006
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSUL TANT
Community Works Design Group
4649 Brockton Avenue
Riverside, CA 92506
(951) 369-0700
(951) 369-4039 - Fax
By:
Name: Timothy I. Maloney, ASLA, CPRS
Title: President
C"\VvINDOWS\apsdoc\nettemp\1008\$ASQpdf809194.dot
06/16/2006
EXHIBIT A
TASKS TO BE PERFORMED
A. Consultant will pick up plans weekly at the City on Mondays and Thursdays. Two sets of
plans will be provided.
B. Consultant will review the plans verifying consistency with TCSD standards and
specifications; map and development plans conditions of approval and CC&R's. One set of
plans will be red-lined with comments notifying the applicant of necessary revisions to be
made to bring the plans into conformance with TCSD standards. Items not addressed in
TCSD standards but that are outside of profession norms will also be marked for
explanations from the applicant.
C. Consultant will return plans and plan check comments to TCSD within two (2) weeks of
receipt of the first submittal; one (1) week for subsequent submittals. Plan check comments
will also be provided via e-mail for use by the City staff and a hard copy will accompany the
redlines.
D. Once revisions have been resubmitted by the applicant, consultant will re-check the plans
for conformance. Should all revisions have been made and all questions answered, the
plans will be ready for approval. If all revisions are not made, one set of plans and the check
list will be redlined again and returned to the applicant a second time for revisions. This
process will continue until the plans are brought into conformance with City standards and
professional norms.
E. Upon request of TCSD, consultant will review and approve construction cost estimates
(materials only) of proposed improvements in order to determine bonding requirements if
required for the project.
F. Upon request of TCSD, consultant will attend meetings as required (i.e. pre-design meetings
and interim reviews of construction plans with applicants in order to communicate issues
with designers, pre-construction meetings, etc.).
G. Upon request of TCSD, consultant will provide landscape construction inspection services in
order to insure implementation is in conformance with the approved plans. A written report
will be provided to the project manager after each inspection within 2 working days via e-mail
to City staff, Developer staff and/or Contractor staff as determined at the pre-construction
meeting after each inspection within 2 working days.
H. Other Tasks: consultant will provide other tasks as requested by the City at an hourly rate or
a mutually agreed upon flat fee.
C"\VvINDOWS\apsdoc\nettemp\1008\$ASQpdf809194.dot
06/16/2006
EXHIBIT B
PAYMENT RATES AND SCHEDULI;.
Plan Check Fees:
The following fees are based on reviewing a maximum of three (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 PROJECl
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
FLAT PLAN CHECK FEE
$ 600.00 (minimum charge)
$ 860.00
$1,120.00
$1,380.00
$1,620.00
$1,890.00
$2,160.00
$2,430.00
$2,700.00
$2,970.00
$2,970 + .0075 for each sq. ft. above
400,000 sq. ft.
Plan checks beyond the 3'd check
$85.00 per sheet
Miscellaneous Meetinas:
Flat Fee of $250 per meeting & project
Landscaoe Insoection Fees:
Flat Fee of $250 per visit
Other Tasks:
Tasks not outlined in the scope of work shall be performed on an hourly basis at the rate of
$95.00 per hour or a mutually agreed upon flat fee.
C"\VvINDOWS\apsdoc\nettemp\1008\$ASQpdf809194.dot
06/16/2006
Ii
-
I.
ITEM NO. 22
I
I
Approvals
City Attorney
Director of Finance
City Manager
p.,("
/11L
9f}
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
June 27,2006
SUBJECT:
Acceptance of a Landscape Maintenance Easement Deed along Date Street
within the Harveston Development
PREPARED BY:
Barbara Smith, Senior Management Analyst
RECOMMENDATION: That the Board of Directors accept the Landscape Maintenance
Easement Deed for certain areas along Date Street within the Harveston Development.
BACKGROUND: The Harveston Development is a large residential and commercial
specific plan located on the northern boundary of the City between the 1-15 and Margarita Road.
During the development review process, the Temecula Community Services District (TCSD) agreed
to include certain perimeter slopes specifically along the Loop Road, Margarita Road and Date
Street into the landscape maintenance district.
Within Tract Map No. 29639-2 areas anticipated to be transferred into TCSD's Service Level C were
dedicated and accepted for landscape maintenance purposes. During the design and construction
phase of installing the landscaping along Date Street adjacent to the Arroyo Park it became
apparent that due to grading and topography issues there were additional areas that needed to be
included within the future TCSD landscape easement areas. The additional area is approximately
.42 of an acre and can be absorbed into the maintenance district without the need to increase the
Service Level C rate and charge to the residents within the Harveston Development. The underlying
property ownership will remain with the developer with the eventual transfer to the Harveston
Homeowners' Association.
FISCAL IMPACT:
landscaping and the
developer.
None. All costs associated with the design and installation of the
preparation of the Landscape Easement Deed will been borne by the
ATTACHMENTS:
Vicinity Map
Landscape Easement Deed
VICINITY MAP
i ATTACHMENT 1
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ATTACHMENT 2
Recording
req uested
by and when
Recorded, mail to:
City Clerk
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Exempt from Recording Fee
per
Gov!. Code Sec. 27383
City of Temecula
(Space above this line for Recorder's use)
DOCUMENTARY TRANSFER TAX IS NONE.
Public Agency exempt.
Revenue and Taxation Code Section 11922
LANDSCAPE MAINTENANCE EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Lennar Homes of
California Inc., a Californa CorporationJ"Grantors") hereby grants and conveys to the Temecula
Community Services District ("Grantee") a public corporation, a perpetual easement and right-of-way for
maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and
within the boundaries of that certain real property located in the County of Riverside, State of California,
hereinafter described as follows in Exhibit "A " which is attached.
If GRANTEE, or its, successors, or assigns, determine it is Unable, incapable, or unwilling to maintain
said Easement Area maintenance shall, after notice, become the responsibility of the GRANTOR, with all
covenants and agreements of this easement extending to and becoming obligations of all heirs,
executors, administrators, successors and assignees of the GRANTOR.
All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this
instrument has been executed this thirteenth day of June, 2006.
HARVESTON LLC
a Delaware limited liability company
By: Lennar Homes of California Inc.
a California corporation
Its: Administrative Member
By:
4"~~ C ~
-
Name:
BRIAN CRESAP
c
Title:
Vice President
G:\Communities\Harveston\Landscape Easement.doc
y,~-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
J--------------------------------------------------------------------;
! State of California n !
, ,
, County of Riverside '
, ,
, ,
, I
, ,
! On June 13, 2006 before me, Lynette M. Doss, Notary Public, !
, DATE ,
j personally appeared *** Brian Cre.......:.:.'. j
~ NAME(S) OF SIGNER(S) ,
! [(] personally known to me - OR - D proved to me on the basis of satisfactory evidence to !
! be the person(s) whose name(s) islare subscribed to !
, the within instrument and acknowledged to me that ,
, ,
, he/she/they executed the same in his/hor/their ,
j authorized capacityfies}, and that by his/her/their j
j signature(s) on the instrument the person(s), or the j
, entity upon behalf of which the person(s) acted, ,
! ., ~ - - - - :~ llcls"'- f executed the instrument. !
! '6) Co":::';:11;nM# iS3N9. !
I J HDlaryNlllc-C". . WITNESS my hand and official seal. ,
, . lIIwlIIde coonv . ,
! MyColMl.__Dllc21.2001 ~ !
, I
, ,
, ,
, ,
I OPTIONAL I
, ,
, Though the data below is not required by law, it may prove valuable to persons relying on the document and could I
j prevent fraudulent reattachment of this form. j
, ,
I CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT I
, ,
! D INDIVIDUAL !
, I
, ,
I I,fl CORPORATE OFFICER I LANDSCAPE MAINTENANCE EASEMENT DEED I
,~ ,
, Vice President TITLE OR TYPE OF DOCUMENT ,
~ TTTLE{S) _
, ,
, ,
! D PARTNER(S) D LIMITED !
! D GENERAL !
! D ATTORNEY-IN-FACT NUMBER OF PAGES !
I D TRUSTEE(S) I
j D GUARDIAN/CONSERVATOR j
j D OTHER: j
, .........-------------------- ,
! __________________. OA TE OF DOCUMENT !
I I
, ,
, SIGNER IS REPRESENTING: I
j NAME OF PERSON(S) OR ENTITY(IES) j
, ,
, Lennar Homes of California, Inc NONE I
j SIGNER(S) OTHER THAN NAMED ABOVE j
, ,
I I
----------------------------------------------------------------------
RBF CONSULTING
40810 COUNTY CENTER DRIVE, SUITE 100
TEMECULA, CA 92591-6022
March 23, 2006
IN 15101075-M3
EXHIBIT "A"
TEMECULA COMMUNITY SERVICES DISTRICT
LANDSCAPE MAINTENANCE EASEMENT
LEGAL DESCRIPTION
Those certain parcels of land situated in the City of T emecula, County of Riverside, State
of California, being portions of Lot 2 of Tract No. 29639-2 as per map recorded in
Book 345, Pages 1 through 1 g of Maps, Records of said Riverside County, described as
follows:
LOT "A"
BEGINNING at the most southerly corner Lot 1 of said Tract No. 29639-2;
thence along the southeasterly line of said Lot 2 South 4r56'38" West 249.73 feet to the
beginning of a tangent curve therein concave southeasterly and having a radius of 2080.00
feet;
thence along said curve and southeasterly line southwesterly 299.32 feet through a central
angle of 08014'42";
thence non-tangent from said curve North 33045'10" East 51.54 feet;
thence North 26050'45" East 65.76 feet to the beginning of a tangent curve concave
southeasterly and having a radius of 318.00 feet;
thence along said curve northeasterly 200.04 feet through a central angle of 36002'32";
thence non-tangent from said curve North 5r 12'33" East 52.84 feet;
thence North 53028'41" East 53.03 feet;
thence North 54004'11" East 86.68 feet;
Page 1 of 2
H :IPDA T AI 15101 075IAdminllegalsl 1 0751g1003.doc
thence North 50051 '13" East 49.16 feet to the POINT OF BEGINNING.
CONTAINING:
0.232 Acres, more or less.
LOT"B"
COMMENCING at the most southerly corner Lot 1 of said Tract No. 29639-2;
thence along the southeasterly line of said Lot 2 South 47"56'38" West 249.73 feet to the
beginning of a tangent curve therein concave southeasterly and having a radius of2080.00
feet;
thence along said curve and southeasterly line southwesterly 334.14 feet through a central
angle of 09012'15" to the TRUE POINT OF BEGINNING;
thence continuing along said curve and southeasterly line southwesterly 393.86 feet
through a central angle of 10050'57";
thence non~tangent from said curve North 17"31 'Og" East 53.01 feet;
thence North 12055'49" East 16.20 feet to the beginning of a tangent curve concave
southeasterly and having a radius of 377.00 feet;
thence along said curve northeasterly 261.76 feet through a central angle of 39046'54";
thence tangent from said curve North 52042'43" East 27.85 feet;
thence North 49043'01" East 46.16 feet to the TRUE POINT OF BEGINNING.
CONTAINING:
0.189 Acres, rnore or less.
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record.
EXHIBIT "B" attached hereto and by this reference made a part hereof.
This description was prepared
dbY m.e or under my direction.
_ ~ .\h.O_L Mav 12. 2006.
omas E. VerlooP~5348,
My license expires 12/31/2007
Page 2 of 2
H :IPDA T AI 15101 075\Adminllegalsl 1 0751g1003.doc
100
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GRAPHIC SCALE
200
P.O.B. LOT
P.O.C. LOT
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EXHIBIT 'B' ~ ~.
TEMECULA COMMUNITY ~
SERVICES DISTRICT I~
LANDSCAPE MAINTENANCE EASEMENTS CO:S~LT~NG
SCALE
1"=100'
LEGEND
j P.O.B, = POINT OF BEGINNING
I P.O.C. = POINT OF COMMENCEMENT
T.P.O.B. = TRUE POINT OF BEGINNING
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DATA TABLE
@ I BEARING/DELTA I
1 S47"56'38"W
2 08'14'42"
3 09'12'15"
4 10'50'57"
5 N17'31'09"E
6 N12'55'49"E
7 39'46'54"
8 N52'42'43"E
9 N49'43'01"E
10 N33'45'10"E
11 N26'50'45"E
12 36'02'32"
13 N57'12'33"E
14 N53'28'41"E
15 N54'04'11"E
16 N50'51'13"E
RAD IUS
LENGTH I
249. 73' ~
299.32' ;l;
334.14' .;;
393.86' :g
53.01' -:;:-
16,20' :;;.
261. 76'
27.85' g,
46.16' ~
51.54' ~
65.76'
200.04' ~
52.84' $
53.03' l"i
86.68' ~
49.16' :';I
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2080.00'
2080.00'
2080.00'
377.00'
318.00'
SHEET
OF
1
SHEET
1
PLANNING . DESIGN . CONSTRUCTION
40810 COUNTY CENTER DRIVE, SUITE 100
TEMECULA, CAUFORNIA 92591-6022
951.676.8042 . FAX 951.676.7240 . www.RBF.com
MARCH 29, 2006
JOB NO.
15101075-M3
Ii
-
I.
ITEM NO. 23
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
11/2
~
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
June 27, 2006
SUBJECT:
Inclusion of Tracts into Service Level B and Service Level C for Fiscal Year
2006-2007
PREPARED BY:
Barbara Smith, Senior Management Analyst
RECOMMENDATION: That the Board of Directors:
1. Adopt a resolution entitled:
RESOLUTION NO. CSD 06-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF
TEMECULA ACCEPTING CERTAIN TRACTS INTO TCSD
SERVICE LEVEL B FOR PURPOSES OF FUNDING THE ENERGY
CHARGES FOR RESIDENTIAL STREET LIGHTS BEGINNING
FISCAL YEAR 2006-2007
2. Adopt a resolution entitled:
RESOLUTION NO. CSD 06-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF
TEMECULA ACCEPTING CERTAIN TRACTS INTO SERVICE
LEVEL C BEGINNING FISCAL YEAR 2006-2007
BACKGROUND: Prior to the beginning of each new fiscal year, applications are
reviewed regarding the acceptance of additional subdivisions into existing TCSD maintenance
programs such as residential street lighting and perimeter landscaping and slope maintenance
areas. Energy costs for residential street lighting is provided through Service Level B and perimeter
landscaping and slope maintenance areas are maintained through Service Level C.
Seventeen (17) tracts within the City boundaries and 1,096 residential parcels within those tracts
will be levied within the Service Level B Rates and Charges at $25.68 per parcel. The following
tracts have completed the necessary Proposition 218 proceedings for the inclusion into TCSD
maintenance program, Service Level B beginning Fiscal Year 2006-2007:
Tract MaD Number Total No. of Units
Tract No. 29133-00 8
Gallery Homes Sub-Total 8
Tract No. 31276-00 60
Harveston Sub-Total 60
Tract No. 32169 93
Tract No. 32170 69
Harveston Condos Sub-Total 162
Tract No. 24188 73
Tract No. 24188-2 118
Tract No. 24188-3 100
Pas eo Del Sol Sub-Total 291
Tract No. 31898 125
Sequoia Condos 125
Tract No. 25004-00 79
Valdemosa Sub-Total 79
Tract 30264 20
Tract 30264-1 79
Tract 30264-3 49
Tract 30264-5 41
Tract 30264-9 84
Tract 30264-11 62
Tract 30264-14 17
Tract 30264-15 19
Wolf Creek South Sub-Total 371
GRAND TOTAL SERVICE LEVEL B 1,096
Thirteen (13) tracts within the City boundary and 678 residential parcels within those tracts will be
levied into Service Level C for perimeter landscaping and slope maintenance programs. The
following tracts have completed the necessary Proposition 218 proceedings for the inclusion into
TCSD maintenance program, Service Level C beginning Fiscal Year 2006-2007:
TRACT/MAP NUMBER
RATE/RATE LEVEL
TOTAL NO. OF UNITS
Harveston'
Traditions/29133
Avondale/26821-1 ,-2 & F
$100/C 10
$270/C 11
$ 70/G
540
8
130
'Harveston includes Tract Nos.: 31276, 32169, 32170, 32436, 32436-1,32437,32437-1,32437-2
and 32437-3
FISCAL IMPACT: Acceptance of the aforementioned tracts and the parcels within those
tracts into the appropriate service levels has been incorporated into the TCSD budgets for Service
Level Band C for Fiscal Year 2006-2007.
ATTACHMENTS:
1.
2.
Resolution to accept Certain Tracts into Service Level B.
Resolution to accept Certain Tracts into Service Level C.
RESOLUTION NO. CSD 06-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT OF
THE CITY OF TEMECULA ACCEPTING CERTAIN
TRACTS INTO TCSD SERVICE LEVEL B FOR
PURPOSES OF FUNDING THE ENERGY CHARGES FOR
RESIDENTIAL STREET LIGHTS BEGINNING FISCAL
YEAR 2006-2007.
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES
DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE ASFOLLOWS:
Section 1. The Board of Directors does hereby find and determine as follows:
A. The Temecula Community Services District has assumed costs
associated with energizing the street lighting within the following residential Tract Map
Nos.:
TRACT/MAP NUMBER TOTAL NO. OF UNITS
29133-00 8
Gallery Homes Sub Total 8
31276-00 60
Harveston Sub-Total 60
32169 93
32170 69
Harveston Condos Sub-Total 162
24188 73
24188-2 118
24188-3 100
Paseo Del Sol Sub-Total 291
31898 125
Sequoia Condos Sub-Total 125
25004-00 79
Valdemosa Sub-Total 79
30264 20
30264-1 79
30264-3 49
30264-5 41
30264-9
30264-11
30264-1 4
30264-1 5
Wolf Creek South Sub-Total
84
62
17
19
371
GRAND TOTAL
1,096
B. The Temecula Community Services District is currently providing
residential street lighting services within these subdivisions through Service Level B;
and
C. The Temecula Community Services District is the authorized legislative
body to accept the responsibility of energizing residential streetlights within the City of
Temecula.
Section 2. The Board of Directors of the Temecula Community Services
District hereby accepts the aforementioned residential tracts into the Service Level B
rate level for residential street lighting services beginning Fiscal Year 2006-2007.
Section 3. The Secretary shall certify to the passage and adoption of this
Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Community Services District of the City ofTemecula this 27th day of June, 2006.
Jeff Comerchero, President
ATTEST:
Susan W. Jones, MMC
City Clerk/Board Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community
Services District of the City of Temecula, do hereby certify that the foregoing Resolution
No. CSD 06- was duly and regularly adopted by the Board of Directors of the
Temecula Community Services District of the City of Temecula at a meeting thereof held
on the 27th day of June ,2006, by the following vote:
AYES:
BOARD MEMBERS:
NOES:
BOARD MEMBERS:
ABSENT:
BOARD MEMBERS:
ABSTAIN:
BOARD MEMBERS:
Susan W. Jones, MMC
City Clerk/Board Secretary
RESOLUTION NO. CSD 06-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT OF
THE CITY OF TEMECULA ACCEPTING CERTAIN
TRACTS INTO SERVICE LEVEL C BEGINNING FISCAL
YEAR 2006-2007.
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES
DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE ASFOLLOWS:
Section 1. The Board of Directors does hereby find and determine as follows:
A. As a result of the passing of a property owner election for the following
tract maps, the property owners have requested that the Temecula Community Services
District (TCSD) assume maintenance of the landscaping along the perimeter of their
developments.
Tract/MaD Number
Total No. of Units
Rate
Traditions / 29133
8
$100
$270
$ 70
Harveston*
540
Avondale /26828-1, -2 & F
130
*Harveston includes Tract Nos.: 31276,32169,32170,32436,32436-1,32437,32437-
1 , 32437-2 and 32437-3
B. The actual parcel charges for perimeter landscaping and slope
maintenance services pursuant to Proposition 218, were established by the majority of
the property owners of the various tracts.
C. The TCSD is the existing authorized legislative body authorized to provide
maintenance of perimeter slope and landscape areas within the aforementioned
developments.
Section 2. The Secretary shall certify to the passage and adoption of this
Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Community Services District of the City of Temecula this 27 day of June , 2006.
Jeff Comerchero, President
ATTEST:
Susan W. Jones, MMC
City Clerk/Board Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community
Services District of the City of Temecula, do hereby certify that the foregoing Resolution
No. CSD 06- was duly and regularly adopted by the Board of Directors of the
Temecula Community Services District of the City of Temecula at a meeting thereof held
on the 27 day of June, 2006, by the following vote:
AYES:
BOARD MEMBERS:
NOES:
BOARD MEMBERS:
ABSENT:
BOARD MEMBERS:
ABSTAIN:
BOARD MEMBERS:
Susan W. Jones, MMC
City Clerk/Board Secretary
Ii
-
I.
ITEM NO. 24
I
I
Approvals
City Attorney
Director of Finance
City Manager
V
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tj~
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
June 27, 2006
SUBJECT:
Arts Council Community Grant Agreement
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the Board of Directors approve the Community Grant Agreement
between the Temecula Community Services District (TCSD) and the Arts Council of Temecula
Valley in the amount of $40,000.
BACKGROUND: The Arts Council ofTemecula Valley (Arts Council) has been providing
a variety of arts and cultural activities in the City of Temecula for several years. Some of the events
sponsored by the Arts Council include the annual Arts Festival and the Concerts on the Green
program.
The Arts Council worked extensively with City staff and AMS Planning and Research in the
development of the City's Cultural Arts Master Plan. By way of the Community Grant Agreement,
the Arts Council commits to continue the implementation process of the Cultural Arts Master Plan.
TCSD staff and the Arts Council have agreed upon the goals and objectives that the Arts Council
will implement by the end of fiscal year 2006-07 as part of this agreement. The Arts Council's efforts
will continue to focus on:
o Providing opportunities for arts education in schools and the community
o Generating grater awareness and participation in arts and cultural programs
o Enhancing the community through art in public places
o Assisting, encouraging, and fostering cooperation among cultural organizations and
individual artists in the Temecula Valley
o Developing performing and visual arts facilities
o Preserving the historic legacy of the Temecula Valley
This agreement provides $40,000 in funding for continued implementation of the cultural arts
programs in the City of Temecula. The Arts Council will submit an invoice to the TCSD atthe end of
each calendar quarter for the actual costs of personnel, which will be accompanied by appropriate
documentation.
FISCAL IMPACT: Funding in the amount of $40,000 is appropriated in the TCSD budget
for FY 2006-07 for the Arts Council program.
ATTACHMENTS:
Community Grant Agreement
COMMUNITY GRANT AGREEMENT BETWEEN THE
TEMECULA COMMUNITY SERVICES DISTRICT
AND THE ARTS COUNCIL OF TEMECULA VALLEY
THIS AGREEMENT is made by and between the Temecula Community Services
District (TCSD), a municipal corporation, and the Arts Council of Temecula Valley, a non-profit
corporation, and is dated as of June 27, 2006. In consideration of the mutual covenants and
agreements contained herein, the parties agree as follows:
1. This Agreement is made with respect to the following facts and purposes,
which each of the parties hereto acknowledge and agree to be true and correct:
a. The Arts Council of Temecula Valley ("Arts Council") coordinates
many programs for the cultural arts within the City of Temecula, which are not provided
by the TCSD's recreation and cultural arts program.
b. The Arts Council warrants and represents to the TCSD that it is a
non-profit, tax exempt corporation under the tax laws of the United State and California,
and agrees to continue in such status during the term of this Agreement.
b. The Board of Directors desires to award a community grant to the
Arts Council in the amount of forty thousand dollars ($40,000.00) for the purpose of
continuing and enhancing its cultural arts programs within the City of Temecula. The
Board of Directors hereby allocates $40,000 for the costs of personnel working for the
Arts Council for fiscal year 2006-2007.
c. This Agreement provides for the manner in which the grant will be
paid to the Arts Council.
2. The TCSD shall pay to the Arts Council on a quarterly basis, an amount equal
to the actual costs for employees of the Arts Council for the preceding quarter, not to exceed
$10,000.00 per quarter or $40,000.00 for the fiscal year ending June 30, 2007. Arts Council
shall submit an invoice to the TCSD at the end of each calendar quarter for the actual costs of
personnel, which shall be accompanied by such documentation as reasonably required by the
Director of Finance to establish that such costs were incurred by the Arts Council. TCSD shall
pay the invoice or provide its written objections to it within thirty (30) working days following
receipt by the TCSD.
3. The term of this agreement shall be July 1, 2006 to June 30, 2007.
4. The Arts Council and TCSD staff have developed goals and objectives
which are set forth in Exhibit A. The Arts Council is committed to implementing these Goals
and Objectives and assisting the TCSD in implementing the City's Cultural Arts Master Plan.
5. The Arts Council will provide to the City of Temecula twenty (20)
complimentary tickets to the Mayor's Ball for the Arts event.
6. The TCSD may at any time, for any breach of this Agreement, suspend
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or terminate this Agreement, or any portion hereof, by serving upon the Arts Council at least ten
(10) days prior written notice. If the breach is corrected during this ten-day period, TCSD may,
in its sole and exclusive discretion, rescind the termination. If the TCSD suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement. Arts Council shall make available to the TCSD its
books, records and financial documents in such form as to allow TCSD to verify Arts Council's
compliance with the terms of this Agreement.
7. The Arts Council agrees to defend, indemnify, protect and hold harmless
the City, TCSD, its officers, officials, and employees from and against any and all claims,
demands, losses, defense costs or expenses, including attorney fees and expert witness fees,
or liability of any kind or nature which the City, its officers, agents and employees may sustain
or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Arts Council's negligent or wrongful acts or omissions arising out of or in
any way related to the performance or non-performance of this Agreement, excepting only
liability attributable to the active negligence of the City.
8. Arts Council shall procure and maintain, or shall have provided on its
behalf, for the duration of fiscal year 2006-2007 insurance against claims for injuries to persons
or damages to property which may arise from or in connection with the performance of the
activities of the Arts Council, its agents, representatives, or employees.
a. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form No. CG
00 01 11 85 or 88, including a non-owned auto endorsement.
(2) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. Workers Compensation Insurance
shall not be required if the Arts Council has no employees.
b. Minimum Limits of Insurance. Arts Council shall maintain limits on the
policies described in Subsection a. of no less than the following amounts unless otherwise
approved by the City Manager:
(1) General Liability: One million dollars ($1,000,000) per occurrence for
bodily injury, personal injury and property damage.
(2) Workers' Compensation as required by the State; Employer's
Liability: One million dollars ($1,000,000) per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager.
d. Other Insurance Provisions. The general liability policies shall contain, or
be endorsed to contain, the following provisions:
(1) The City, TCSD, its officers, officials, employees and volunteers
are to be covered as insureds as respects: liability arising out of activities
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performed by or on behalf of the Arts Council; premises owned, occupied or
used by the Arts Council; or automobiles owned, leased, hired or borrowed by
the Arts Council. The coverage shall contain no special limitations on the scope
of protection afforded to the City, its officers, officials, employees or volunteers.
(2) For any claims related to this Agreement, the Arts Council'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 Arts
Council'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 Arts Council's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice
to the City by certified mail, return receipt requested, has been given to the City.
e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraae. Arts Council 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 Arts Council's insurer
may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
9. Arts Council is and shall at all times remain as to the City and TCSD a
wholly independent contractor. The personnel performing the services under this Agreement
on behalf of Arts Council shall at all times be under Arts Council's exclusive direction and
control. Neither City nor any of its officers, employees or agents shall have control over the
conduct of Arts Councilor any of Arts Council's officers, employees or agents, except as set
forth in this Agreement. Arts Council 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. Arts Council shall not incur or have the power to incur any debt, obligation or liability
whatever against City, or bind City in any manner.
10. 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,
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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
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
Attention: City Manager
To Arts Council:
Arts Council of Temecula Valley
P.O. Box 2337
Temecula, California 92593
Attention: Executive Director
11. The Arts Council shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City or
TCSD.
12. 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Attest:
Jeff Comerchero, President
Temecula Community Services District
Susan Jones, MMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
ARTS COUNCIL OF TEMECULA VALLEY, a California
non-pofit corporation
By:
Name:
Title:
By:
Name:
Title:
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Charles Arauio
President
Ruth Hobbs
Executive Director
ARTS COUNCIL OF TEMECULA VALLEY
GOALS FOR FY 2006/07
;I:'
I
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COUNCIL
OF TEMECULA VALLEY
BOARD OF TRUSTEES
Walt Allen
Charles & Nicolet Araujo
Vicki A. Cochetas
Luana De Groot-Canty
Lisa & John De Ritis
Luanne Ferrer
Gina & Greg Hallick
Patricia lusin
Jude Mathis
Robert Morris
Janine Pourroy
Edward B. Powers
AI Rattan
Sheila Havens Ryle
Bruce Singer
Dr. Alan & Georgia
Winkelstein
CONSULTANTS
Jim Meyler
Stewart M. Morris, Jr.
Karen Parrott
Alicen Wong
EXECll....TJVE
DIRECTOIl.
Ruth H. Hobbs
~XEC!l.!IYJ;
ASSISTANT
Linda Shinkle
ARTS COUNCIL OF
TEMECULA VALLEY
28481 RANCHO CAUFORNIA
ROAD, SUITE 110
TEMECULA, CA 92590
MAILING: P.O. BOX 2337
TEMECULA, CA 92593
PHONE: 951. 695.ARTS
FAX: 951. 695.9438
info@artsinthevalley.org
June 19, 2006
Mr. James B. O'Grady
Assistant City Manager
City of Temecula
43200 Business Park Drive
Temecula, California 92590
RE: ECONOMIC DEVELOPMENT FUNDING PROGRAM from
THE ARTS COUNCIL OF TEMECULA VALLEY for
IMPLEMENTATION OF THE CULTURAL ARTS MASTER PLAN
Dear Jim,
The Arts Council of Temecula Valley has accepted the responsibility given to
it by the City of Temecula to implement the Cultural Arts Master Plan. Work-
ing cooperatively with the City of Temecula, the Arts Council is positioned to
move forward during fiscal year 2006-2007, to continue implementing objec-
tives of the six goals outlined in the Cultural Arts Master Plan.
The six goals, as outlined in the Plan, include providing opportunities for arts
education in schools and the community, generating greater awareness and
participation in arts and cultural programs, enhancing the community
through art in public places, assisting, encouraging and fostering cooperation
among cultural organizations and individual artists in the Temecula Valley,
developing performing and visual arts facilities, and preserving the historic
legacy of Temecula Valley.
In the 2006-2007 fiscal year the Arts Council is committed to accomplishing
the following goals:
ARTS IN EDUCATION: TO PROVIDE OPPORTUNmES FOR ARTS EDUCATION
IN SCHOOLS AND THE OVERALL COMMUNITY.
.oBJECTIVES:
Coordinate the 7th Annual Summer Youth Art and Music Institute June -
August 2006. Continue partnerships with Temecula Valley Unified School
District, Safe/Pals, and Boys and Girls Clubs of Southwest Riverside County
for facilities use and promotion of the Institute.
Implement the new Arts Education Partnership for at-risk youth in partner-
ship with Safe/Pais, and Boys and Girls Clubs of Southwest Riverside County,
Rancho Vista High School and the City of Temecula (for Facilities).
Co-sponsor with Temecula Valley Unified School District, and the Promenade
Mall for 8th Annual Youth Art Exhibition.
Continue Boys and Girls Clubs after school arts partnership and expand current programs.
Encourage local students and adults to enter or audition for regional, state and national
competitions by distributing information through mailings, telephone calls, email and the
Arts Council's website.
PUBLIC INVOLVEMENT: TO GENERATE GREATER AWARENESS AND PARTICIPATION IN
ARTS AND CULTURAL PROGRAMS.
OBJECTIVES;.
Produce the 16th Annual Temecula Valley Arts Festival 2006. Showcase as many cultural
arts organizations as possible during that time.
Produce the Fall Concert on the Green 2006. Expand local participation in the concert.
Increase Council visibility and programs by forging partnerships with social services, eco-
nomic development, business and other agencies where the arts can improve quality of
life.
Establish internships through local businesses to support the Growth Through the Arts Pro-
gram (GAP).
Continue adding to the Arts Council's Website, www.artsinthevalley.org, by expanding the
Resource Directory, providing additional regional, state and national links to arts, culture,
and tourism.
Provide mechanisms for arts organizations or arts related businesses to promote their ac-
tivities and business via the Arts Council Website.
Produce a quarterly art event booklet to be distributed to new home owners, at events,
through businesses, the Chamber of Commerce and hotels.
PUBLIC ART: TO ENHANCE THE COMMUNITY THROUGH ART IN PUBLIC PLACES.
OBJECTIVES:
To introduce the Painted Playhouses to Temecula 2006-2007. These original works of
art, will appear at the Promenade Mall.
To partner with the City of Temecula and Sister City Association to organize the July Inter-
national Art Exhibit showcasing works of art from Leidschendam-Voorburg, Netherlands
and Eastern Europe.
COLLABORATION & SUPPORT SERVICES: TO ASSIST, ENCOURAGE, AND FOSTER COOP-
ERATION AMONG CULTURAL ORGANIZATIONS AND INDIVIDUAL ARTISTS IN TEMECULA.
QBJECTIVES:
Continue assisting arts organizations by marketing their events through the Arts Festival
and other Arts Council events.
Update and maintain the Cultural Arts Master Calendar on the Arts Council's Website. En-
courage cultural arts organizations to submit dates for inclusion.
Assist Musicians Workshop with the International Jazz Festival.
Assist Musicians Workshop with publicizing the In Home Concert Series.
Assist all local Arts groups to secure facilities and publicize their events.
Develop relationship with Mt. San Jacinto Community College's Music Education Program
and performance groups.
Continue publicizing local, cultural arts organizations, calls for artists, auditions, and
events.
FACILmES: TO DEVELOP FACILITIES TO ACCOMMODATE PERFORMING AND VISUAL
ARTS.
f)BJECTIVES:
Continue working with the City to develop the Mercantile Gallery.
Continue working with artists and the City to develop participation at the Old Town
Temecula Community Theatre.
Establish a venue for the new, Shakespeare in the Vines repertory company.
HERITAGE: TO PRESERVE THE HISTORIC LEGACY OF TEMECULA VALLEY.
OBJECTIVES;
The Arts Council, having facilitated the formation of the Temecula Valley Historical Society
in 2000-2001, will continue supporting the efforts of both the Temecula Valley Museum
and Temecula Valley Historical Society by publicizing their events and making available
their information at the Arts Council's office.
Thank you once again for your confidence in the Arts Council of Temecula Valley to imple-
ment the Cultural Arts Master Plan. It has been a rewarding and exciting experience.
Sincerely,
~-
-
Ruth Hobbs
Executive Director
for the Board of Trustees
ENC.
ARTS COUNCIL OF TEMECULA VALLEY
ACCOMPLISHMENTS FOR FY 2005/06
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ITEM NO. 25
I
I
Approvals
City Attorney
Director of Finance
City Manager
V
iJ/2
9g
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D, Parker, Director of Community Services
DATE:
June 27, 2006
SUBJECT:
TCSD Proposed Rates and Charges for fiscal Year 2006-2007
PREPARED BY:
Barbara Smith, Senior Management Analyst
RECOMMENDATION:
That the Board of Directors:
1, Adopt a resolution entitled:
RESOLUTION NO. CSD 2006-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF
TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE
LEVEL B - RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C
- PERIMETER LANDSCAPING AND SERVICE LEVEL D -
REFUSE AND RECYCLING COLLECTION SERVICES FOR
FISCAL YEAR 2006-2007
2, Adopt a resolution entitled:
RESOLUTION NO. CSD 2006-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF
TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE
LEVEL R- ROAD MAINTENANCE SERVICES FOR FISCAL YEAR
2006-2007
BACKGROUND: The purpose of the TCSD Rates and Charges is to provide necessary
community services and programs to property owners within the City of Temecula, The Temecula
Community Services District (TCSD) operates under the authority of Community Services District
Law and its boundaries are the same as those of the City of Temecula,
Property owners pay only for the TCSD services used or made available to their property through
separate rates and charges on their property tax bill. The Community Services, Parks and
Recreation and Service Level A Rates and Charges previously levied by the TCSD was replaced by
the City's Parks/Lighting Services Special Tax, approved by the voters as Measure C on March 4,
1997, Although the TCSD continues to operate and maintain the parks and recreational facilities
through a cooperative agreement with the City, the actual levy budget for the special tax was
considered and approved by the TCSD Board of Directors on June 13, 2006,
As a result, the TCSD is currently comprised of the following four (4) remaining service levels:
1, Service Level B - Residential Street Liahts, Operations, maintenance, utility costs and
administration of residential street lighting,
2, Service Level C - Perimeter Landscaoinq, Operations, maintenance, utility costs,
improvements and administration for all perimeter landscaping and slope maintenance
areas maintained by the TCSD,
3, Service Level D - Refuse and Recvclina Collection, Operation and administration of the
refuse and recycling program for single family residential homes,
4, Service Level R - Road Maintenance, Operations, construction and maintenance of certain
unpaved streets and roads in the City,
Service Level B includes only those parcels within residential subdivisions that receive residential
street lights services, The proposed rate of $25,68 per property owner has not been increased from
last fiscal year.
Service Level C includes only those parcels within residential subdivisions receiving TCSD
perimeter landscaping and slope maintenance, Rate C-12 at $26,00 and rate C-13 at $315,00 were
established for future use of Roripaugh Ranch and Gallery Homes Portraits Development
respectively, Due to construction delays, these parcels will not be assessed for FY 2006-2007,
The rate levels are identified as follows:
Rate C-1 $ 46,00
Rate C-2 $ 89,00
RateC-3 $116,00
Rate C-4 $175,00
Rate C-5 $ 70,00
Rate C-6 $225,00
Rate C-7 $129,00
Rate C-8 $ 20,00
Rate C-9 $200,00
Rate C-10 $100,00
Rate C-11 $270,00
Rate C-12 $ 26,00
Rate C-13 $315,00
Service Level D provides refuse and recycling services to all single-family residential properties in
the City of Temecula, The Service Level D residential rate is contractually mandated to change
based on 2005 CPI-U, #2 Diesel Fuel Index and Riverside County Tipping Fee rate, The Fiscal
Year 2005-2006 rate was 190,92; as a result of the factors above the new rate for Fiscal Year 2006-
2007 will be $200,88,
As per Proposition 218 all property owners are required to be noticed as to the rates and charges
that the TCSD will be assessing at least 45 days prior to the public hearing, Notices were mailed on
April 28, 2006 calling for a June 27, 2006 public hearing, On April 25, 2006 the TCSD Board of
Directors approved a Resolution of Intention that called for the public hearing to be held on June 27,
2006,
Service Level R includes only those parcels which receive services for the maintenance of certain
unpaved roads that become inaccessible after inclement weather. The proposed rates R-1 and R-2
for these service levels will not increase from last year.
Residential Rate R-1:
Vacant Rate R-1:
$115,26
$ 57,64
$ 95,86
$ 47,94
Residential Rate R-2
Vacant Rate R-2
The levy formula used to fund these services has not been changed from last fiscal year. Only
those property owners who receive services from a particular service level pay for those services,
The levy and collection of the TCSD Rates and Charges is exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 21080 (b)(8) of the California
Public Resources Code and Section 15273 of the State Guidelines because the rates and charges
are necessary to maintain existing services within the TCSD,
FISCAL IMPACT: The total Levy Budget for Service Levels B, C and D for fiscal Year
2006-2007 is $7,085,159, The total Levy Budget for Service Level R is $12,200, The revenue
generated from the TCSD Rates and Charges will fund residential street lights; perimeter
landscaping; refuse and recycling collection services; and unpaved road maintenance in the City of
Temecula,
ATTACHMENTS:
1, Resolution No, CSD 2006- _ Service Levels B, C and D
2, Resolution No, CSD 2006- Service Level R.
RESOLUTION NO. CSD 2006-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT OF
THE CITY OF TEMECULA ADOPTING RATES AND
CHARGES FOR SERVICE LEVEL B - RESIDENTIAL
STREET LIGHTING, SERVICE LEVEL C - PERIMETER
LANDSCAPING, AND SERVICE LEVEL D - REFUSE AND
RECYCLING COLLECTION SERVICES FOR FISCAL
YEAR 2006 - 2007
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES
DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE ASFOLLOWS:
Section 1, Upon incorporation of the City of Temecula, effective December 1,
1989, voters approved the formation of the Temecula Community Services District
("TCSD"), to provide specified services to properties within its jurisdiction,
Section 2, Pursuant to Government code Sections 61621 and 61621,2, the
TCSD has prescribed, revised and collected rates and charges for the services
furnished by it, and has elected to have these rates and charges collected on the tax roll
in the same manner, by the same persons, and at the same time as, together with and
not separately from, property taxes within the TCSD in the manner prescribed by
Government Code Sections 61765,2 to 61765,6, inclusive, By previous resolution, the
TCSD proposed to continue such rates and charges for the operation, maintenance,
service and administration of residential street lighting, perimeter landscaping, and
recycling and refuse collection services for Fiscal Year 2006-2007,
Section 3, Pursuant to Government Code Section 61621,2, the TCSD caused
a written report ("Report") to be prepared and filed with the Secretary of the TCSD,
which Report contains a description of each parcel of real property and the proposed
amount of the rates and charges for Fiscal Year 2006-2007, The Report is based upon
a budget adopted by the Board of Directors for the proposed services for specific areas
where such services are provided, including necessary staff and administrative
expenses, A summary or the Report containing the proposed rates and charges is
attached hereto as Exhibit A, entitled "Project Summary", and incorporated herein by
this reference, A copy of the Report is on file in the office of the Secretary of the TCSD,
and is available for public inspection,
Section 4, By previous resolution, the Board of Directors acknowledged the
filing of the Report, and appointed a time and place for a public hearing on the Report
and the proposed rates and charges, Notice of the public hearing was mailed on April
28, 2006 calling for a public hearing on June 27, 2006, Notice was published as
required by law and affidavits of publication and mailing are on file with the Secretary of
the TCSD,
Section 5, At the public hearing on June 27, 2006, the Board of Directors will
hear and consider all oral and written objections, protests and comments by any
interested person concerning the Report, the proposed rates and charges, and the
method of collection of such rates and charges,
Section 6, The Board of Directors hereby finds that, based on the Report and
the District budget, the rates and charges as set out on Exhibit "A" do not exceed the
reasonable cost of the services to be provided by the TCSD for fiscal Year 2006-2007,
Section 7, The Board of Directors hereby overrules any and all objections and
protests and adopts the rates and charges for residential street lighting, perimeter
landscaping, and refuse and recycling collection services for fiscal Year 2006-2007 as
set out on Exhibit "A",
Section 8, The TCSD shall collect such rates and charges at the same time
and in the same manner and by the same persons as, together with and not separately
from, the property taxes collected within the TCSD, These rates and charges shall be
delinquent at the same time and thereafter be subject to the same delinquency
penalties as such property taxes, All laws applicable to the levy, collection, and
enforcement of property taxes, including, but not limited to, those pertaining to the
matters of delinquency, correction, cancellation, refund and redemption, are applicable
to these rates and charges, except for California Revenue and Taxation Code Section
4831, However, if for the first year the charge is levied, the real property to which the
charge relates has been transferred or conveyed to a bona fide purchaser for value, or if
a lien or a bona fide encumbrancer for value has been created and attaches thereon,
prior to the date on which the first installment of such taxes appear on the roll, then the
charge shall not result in a lien against the property, but instead shall be transferred to
the unsecured roll for collection,
Section 9, If a property owner subject to these rates and charges questions
the classification of the owner's property for fiscal Year 2006-2007, or claims that an
error has been made with respect to the implantation of the rates and charges or the
application of the rates and charges to the owner's property for that fiscal year, such
property owner must appeal the levy by filing an appeal with the Secretary of the TCSD
before 5:00 p,m, on December 1, 2006, pursuant to procedures established by the
TCSD, in order to be considered under the appeal of classification or correction of
errors program,
Section 10, If a property owner subject to these rates and charges believes that
payment of the rates and charges for fiscal Year 2006-2007 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 TCSD Secretary before 5:00 p,m, on December 1,
2006, pursuant to procedures established by the TCSD, in order to be considered under
the hardship appeal program,
Section 11, The TCSD Secretary is hereby ordered to transmit or cause to be
transmitted to the County Auditor of the County of Riverside, California before August
10, 2006, the Report and the property tax roll with such rates and charges enumerated
for each parcel not exempt there from; and the County Auditor is hereby designated,
required, empowered, authorized, instructed, directed and ordered to make collection of
such rates and charges as shown on that roll and to perform any and all duties
necessary therefore,
Section 12, Pursuant to the California Environmental Quality Act, the levy and
collection of these rates and charges is exempt from CEQA pursuant to California
Public Resources Code Section 21080(b)(8) and Section 15273 of the State Guidelines
because the rates and charges are necessary to maintain existing improvements within
the TCSD,
Section 13, The District Secretary shall certify to the adoption of this
Resolution,
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Community Services District of the City ofTemecula this 27th day of June, 2006,
Jeff Comerchero, President
ATTEST:
Susan W, Jones, MMC
City Clerk/Board Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W, Jones, MMC, City Clerk/Board Secretary of the Temecula Community
Services District of the City of Temecula, do hereby certify that the foregoing Resolution
No, CSD 06- was duly and regularly adopted by the Board of Directors of the
Temecula Community Services District of the City of Temecula at a meeting thereof held
on the 27th day of June ,2006, by the following vote:
AYES:
BOARD MEMBERS:
NOES:
BOARD MEMBERS:
ABSENT:
BOARD MEMBERS:
ABSTAIN:
BOARD MEMBERS:
Susan W, Jones, MMC
City Clerk/Board Secretary
EXHIBIT A
PROJECT SUMMARY
TEMECULA COMMUNITY SERVICES DISTRICT
SERVICE LEVELS B, C AND D
On January 1, 2006, Munifinancial, Inc, was retained by the City of Temecula to prepare
the Annual Levy Report for the Temecula Community Services District (TCSD) for the fiscal
Year 2006-2007, Pursuant to the Community Services District Law, Division 3 of Title 6 of the
Government Code of the State of California, commencing with Section 61000 et sea.. the TCSD
has the power to levy and collect rates and charges in order to carry on its operations and to
provide the services and facilities furnished by it.
The levy and collection of the rates and charges is accomplished by the identification
and description of each parcel within a specific service level. A Service Level is a defined area
that provides a specific service, operation and maintenance and/or program to only those
parcels contained within that service level, as follows:
1, Service Level B - Residential Street Liahts, Operations, maintenance, utility
costs and administration of all residential street lights,
2, Service Level C - Perimeter Landscaoina, Operations, maintenance, utility
costs, improvements, and administration for all perimeter landscaping and
slope maintenance areas maintained by the TCSD,
3, Service Level D - Refuse and Recvclina Services, Operations and
administration of the refuse and recycling program, and street sweeping
services for all single-family residential homes,
The financial Analysis contained herein includes Service Levels B, C, and D with their total levy
budgets for fiscal Year 2006-2007 to be as follows:
SERVICE LEVEL/LEVY BUDGET RATE LEVEL
Service Level B $ 704,023 N/A
Service Level C $1,471,250 C-1
C-2
C-3
C-4
C-5
C-6
C-7
C-8
C-9
C-10
C-11
C-12
C-13
Service Level D $4,909,886
TOTAL TCSD LEVY fOR SERVICE LEVELS B, C, AND D:
PARCEL
CHARGE
$ 25,68
$ 46,00
$ 89,00
$116,00
$175,00
$ 70,00
$225,00
$129,00
$ 20,00
$200,00
$100,00
$270,00
$ 26,00
$315,00
$200,88
$ 7,085,159
RESOLUTION NO. CSD 2006-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT OF
THE CITY OF TEMECULA ADOPTING RATES AND
CHARGES FOR SERVICE LEVEL R ROAD
MAINTENANCE SERVICES FOR FISCAL YEAR 2006-
2007
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES
DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE ASFOLLOWS:
Section 1, Upon incorporation of the City of Temecula, effective December 1,
1989, voters approved the formation of the Temecula Community Services District
("TCSD"), to provide specified services to properties within its jurisdiction,
Section 2, Pursuant to Government Code Sections 61621 and 61621,2, the
TCSD has prescribed, revised and collected rates and charges for the services
furnished by it, and has elected to have these rates and charges collected on the tax roll
in the same manner, by the same persons, and at the same time as, together with and
not separately from, property taxes within the TCSD in the manner prescribed by
Government Code Sections 61765,2 to 61765,6, inclusive, By previous resolution, the
TCSD proposed to continue such rates and charges for the maintenance of streets and
roads for Fiscal Year 2006-2007,
Section 3, Pursuant to Government Code Section 61621,2, the TCSD caused
a written report ("Report") to be prepared and filed with the secretary of the TCSD,
which Report contains a description of each parcel of real property and the proposed
amount of the rates and charges for Fiscal Year 2005-2006, The Report is based upon
a budget adopted by the Board of Directors for the proposed services for specific areas
where such services are provided, including necessary staff and administrative
expenses, A summary of the Report containing the proposed rates and charges is
attached hereto as Exhibit A entitled "Project Summary", and incorporated herein by this
reference, A copy of the report is on file in the office of the Secretary of the TCSD, and
is available for public inspection,
Section 4, By previous resolution, the Board of Directors acknowledged the
filing of the Report, and appointed a time and place for a public hearing on the Report
and the proposed rates and charges, Notices were mailed on April 28, 2006 calling for
a public hearing on June 27, 2006, Notice was published as required by law and
affidavits of publication and mailing are on file with the Secretary of the TCSD,
Section 5, At the Public Hearing on June 27, 2006, the Board of Directors will
hear and consider all oral and written objections, protests and comments by any
interested person concerning the Report, the proposed rates and charges, and method
of collection of such rates and charges,
Section 6, The Board of Directors hereby finds that, based on the Report and
the District budget, the rates and charges as set out on Exhibit "A" does not exceed the
reasonable cost of the services to be provided by the TCSD for fiscal Year 2006-2007,
Section 7, The Board of Director hereby overrules any and all objections and
protests and adopts the rates and charges for the road maintenance services for fiscal
Year 2006-2007 as set out on Exhibit "A" for the services to be provided by the TCSD,
Section 8, The TCSD shall collect such rates and charges at the same time
and in the same manner and by the same persons as, together with and not separately
from, the property taxes collected within the TCSD, These rates and charges shall be
delinquent at the same time and thereafter be subject to the same delinquency
penalties as such property taxes, All laws applicable to the levy, collection and
enforcement of property taxes, including, but not limited to, those pertaining to the
matters of delinquency, correction, cancellation, refund and redemption, are applicable
to these rates and charges, except for California Revenue and Taxation Code Section
4831, However, if for the first year the charge is levied, the real property to which the
charge relates has been transferred or conveyed to a bona fide purchaser for value, or if
a lien or a bona fide encumbrancer for value has been created and attaches thereon,
prior to the date on which the first installment of such taxes appear on the roll, then the
charge shall not result in a lien against the property, but instead shall be transferred to
the unsecured roll for collection,
Section 9, If a property owner subject to these rates and charges questions
the classification of the owner's property for fiscal Year 2006-2007, or claims that an
error has been made with respect to the implementation of the rates and charges or the
application of the rates and charges to the owner's property for that fiscal year, such
property owner must appeal the levy by filing an appeal with the Secretary of the TCSD
before 5:00 p,m, on December 1, 2006, pursuant to procedures established by the
TCSD, in order to be considered under the appeal of classification or correction or
errors program,
Section 10, If a property owner subject to these rates and charges believes that
payment of the rates and charges for fiscal Year 2006-2007 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 TCSD Secretary before 5:00 p,m, on December 1,
2006, pursuant to procedures established by the TCSD, in order to be considered under
the hardship appeal program,
Section 11, The TCSD Secretary is hereby ordered to transmit or cause to be
transmitted to the County Auditor of the County of Riverside, California before August
10, 2006, the Report and the property tax roll with such rates and charges enumerated
for each parcel not exempt there from; and the County Auditor is hereby designated,
required, empowered, authorized, instructed, directed and ordered to make collection of
all such rates and charges as shown on that roll and to perform any and all duties
necessary therefore,
Section 12, Pursuant to the California Environmental Quality Act, the levy and
collection of these rates and charges is exempt from CEQA pursuant to California
Public Resources Code Section 21080(b)(8) and Section 15273 of the State Guidelines
because the rates and charges are necessary to maintain existing improvements within
the TCSD,
Section 13, The District Secretary shall certify to the adoption of this
Resolution,
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Community Services District of the City ofTemecula this 27th day of June, 2006,
Jeff Comerchero, President
ATTEST:
Susan W, Jones, MMC
City Clerk/Board Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W, Jones, MMC, City Clerk/Board Secretary of the Temecula Community
Services District of the City of Temecula, do hereby certify that the foregoing Resolution
No, CSD 06- was duly and regularly adopted by the Board of Directors of the
Temecula Community Services District of the City of Temecula at a meeting thereof held
on the 27th day of June ,2006, by the following vote:
AYES:
BOARD MEMBERS:
NOES:
BOARD MEMBERS:
ABSENT:
BOARD MEMBERS:
ABSTAIN:
BOARD MEMBERS:
Susan W, Jones, MMC
City Clerk/Board Secretary
EXHIBIT A
PROJECT SUMMARY
TEMECULA COMMUNITY SERVICES DISTRICT
SERVICE LEVEL R
On January 1, 2006, Munifinancial, Inc, was retained by the City of Temecula to
prepare the Annual Levy Report for the Temecula Community Services District (TCSD)
for the fiscal Year 2006-2007, Pursuant to the Community Services District Law,
Division 3 of Title 6 of the Government Code of the State of California, commencing with
Section 61000 et sea.. the TCSD has the power to levy and collect rates and charges in
order to carryon its operations and to provide the services and facilities furnished by it.
The levy and collection of the rates and charges is accomplished by the
identification and description of each parcel within a specific service level. A Service
Level is a defined area that provides a specific service, operation and maintenance
and/or program to only those parcels contained within that service level, as follows:
Service Level R - Road Maintenance Services, Construction, installation,
and maintenance of certain streets and roads throughout the City,
The financial Analysis contained herein includes the Service Level R total levy budget
for fiscal Year 2006-2007 to be as follows:
SERVICE LEVEL/LEVY BUDGET
RATE LEVEL PARCELCHARGE
Service Level R
$12,200
R-1 Improved
R-1 Unimproved
R-2 Improved
R-2 Unimproved
$115,26
$ 57,64
$ 95,86
$ 47,94
TOTAL TCSD LEVY
fOR SERVICE LEVEL R:
$12,200
TCSD
DEPARTMENTAL REPORT
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ITEM NO. 26
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Approvals
City Attorney
Director of Finance
City Manager
~('
/J/2
~
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D, Parker, Director of Community Services
DATE:
June 27, 2006
SUBJECT:
Monthly Departmental Report
PREPARED BY:
Gail Zigler, Administrative Assistant
Construction of the Patricia H, Birdsall Sports Park (Wolf Creek Sports Complex) continues,
Installation of the field lighting, installation of artificial turf fields and parking lot are complete,
Installation of irrigation systems in nearing completion and planting will begin shortly,
Construction of the Temecula Public Library project continues to move forward, Framing of the
facility is complete, parking structures are complete and staff is moving forward with ordering
furnishings for the facility,
Construction of the Boys and Girls Club project at Kent Hintergardt Memorial Park is complete, A
grand opening was held on May 25, 2006, A contract was awarded to Edge Development, I nc" for
construction of a basketball court at Kent Hintergardt Memorial Park in conjunction with the
construction of the Boys and Girls Club project.
On June 13, 2006 the City Council approved the installation of a dog park area within Redhawk
Community Park, The Council directed staff to place a temporary dog park area at Redhawk
Community Park during the design and installation of the permanent dog park area, On Friday,
June 16th, fencing for the temporary dog park was installed at Redhawk Community Park, Staff has
confirmed that this facility is already being used by many dog owners and their pets,
On May 8th the Recreation Division held the kick-off for the Annual F,I.T, (Fitness in Temecula)
program, F,I.T, will be held Monday through Friday, 6:00pm to 8:00pm at Ronald Reagan Sports
Park and Harveston Community Park, through summer until September 15, 2006, Participants can
sign-up at one of these two park sites and participate in a walking or jogging program, The program
is designed to promote health and fitness in the community and will offer participant incentives to
maintain a health and exercise regimen, provide handouts and information on health and dietary
guidelines, and other promotional materials,
The Community Services Department released an RFQ to landscape architect firms for Redhawk
Park Improvements forthe four Redhawk park sites acquired on June 30, 2005 with the annexation
of Redhawk into the City of Temecula, The City Council approved a contract with RJM Design
Group to begin designing the improvements to the park sites, These improvements include picnic
tables, picnic shelters, park benches, sidewalks, tot lots, etc, A meeting took place on June 13,
2006 with members of the Redhawk Community and the landscape architect to discuss design
elements for these four park sites,
The Cultural Arts Division continues to program and carry-out the classes and activities as outlined
in the 2006 Summer/Fall Guide to Leisure Activities, and the Old Town Temecula Community
Theater's musical and theatrical performance line-up, As part of the Cultural Arts special events,
the Summer Sunsets Film and Concert Series will kick-off on July 6,2006, In addition, the Cultural
Arts Division is responsible for the day-to-day operations of the Old Town Temecula Community
Theater, the Temecula Valley History Museum and the Imagination Workshop, Temecula Children's
Museum,
The Development Services Division continues to participate in the development review for projects
within the City including Wolf Creek and Roripaugh, as well as overseeing the development of parks
and recreation facilities, and the contract for refuse and recycling, cable television services and
assessment administration,
The TCSD Maintenance Division continues to oversee the maintenance of all City parks and
facilities, and assist in all aspects of Citywide special events,
The Recreation Division is currently carrying out the classes and activities as outlined in the 2006
Summer/Fall Guide to Leisure Activities, Summer Day Camp, the S,M,A,R.T, program and summer
public swim and aquatic lessons all kicked off on June 19'h In addition, the Recreation Division is
planning and programming for the Annual4'h of July parade and fireworks extravaganza, as well as
many other classes, programs and activities,
REDEVELOPMENT
AGENCY
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ITEM NO. 27
I
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Approvals
City Attorney
Director of Finance
City Manager
~~
CIl
~
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
John Meyer, Redevelopment Director
DATE:
June 27, 2006
SUBJECT:
Old Town Billboard Lease Agreement
RECOMMENDATION: That the Agency Members approve a $43,500 Lease Agreement with
Lamar Advertising Company for the Old Town Billboard,
BACKGROUND: Since 1997, the Agency has been leasing a Billboard to help promote
Old Town, The Billboard has been considered an effective tool to advertise Old Town to the
motoring public along Interstate 15, The proposed lease agreement with Lamar Advertising will be
in the amount of $3,130 per month for rent and $495 per change-out of sign copy for a total of
$43,500, We estimate 12 change-outs during the upcoming year. These rates represent an
increase of nearly 8% for rent and no increases for the change-outs,
FISCAL IMPACT: The $43,500 will be funded through the Old Town Implementation
Plan (280-199-999-5362) fiscal Year 2006/07 Budget.
ATTACHMENTS:
Attachments
San Bernardino/Riverside
108 N. Waterman Avenue
San Bernardino CA 92408
909-888-0018
909-888-6588 FAX
THE ~ _..:. .... ~ ~..:. .. f"J COMPANIES
Date:
New/Renewal:
4-14-06
NEW
Bill To Advertiser
Bulletin Contract
Lamar ID No. 259
308329
Customer Name: Temecula Redevelopment AQencv
Advertiser: Same
Street Address: POBox 9033
Cust. AlC #:
Nat'VLocal: LD
Mailing Address: P.O. Box 9033
City: Temecula
Phone: 951~694-6412
Fax: 951-693-3903
Zip: 92589-9033
State: CA Zip 92589-9033
Design: Old Town Temecula
Vinyl:
Sections:
Term:
12 Months Start Date: Jul 01 2006
Contact Person: Kathi Syers
Email: kat/:1i.syers~cityo~mecula:org __
Rotary/Perm: Permanent
THIS INFORMATION FOR OFFICE USE ONLY
BiUing Start Date: 7-1-06 Billing End Date: 6-3b-07
Monthly Billing Rate: $3.130.00 Commission: 0.000% Political: CO"OP:
') Product Code: 90 Nat'] Contract No.
Account Exec. Code: trm5309 P.O.P. No Split Billinfl:
--
I Panel No: Market Location Description: Size of IlIum: Price Per
Code: Bulletin: Month:
70171 4 lnt 15 e/I .7 miles s/o Rancho Cal. Rd. FN, Temecula 10 x 30 y $3,130,00
Note: All production materials will be discarded when
removed from billboard. A $250.00 fee will be assessed for all
production that will be stored up to one year.
The ierms on the se::ond page are pa:1 of th.IS contract
Advertiser authorizes and inljltructs The Lamar Companies to display in a good and workmanlike manner, and to maintain for the terms set forth
above, outdoor advertising displays described above or on the attached list. In consideration thereof, Advertiser agrees to pay The Lamar
Companies all contract amounts within thirty (30) days after the date of blUing. Advertiser acknowledges and agrees to be bound by the terms and
conditions contained on both pages of this contract.
The undersigned representative or agent of Advertiser hereby warrants to The Lamar Companies that he/she is the reoresentative of the
Advertiser and is authorized tp execute this contract on behalf of Advertiser.
ACCOUNT EXECUTIVE: todd maness
Temecula Redevelooment Aoencv
CUSTOMER/ADVERTISER
DATE:
COMPANY: San Bernardino/Riverside
BY:
CUSTOMER/ADVERTISER SIGNED BY
This contract is NOT BINDING UNTIL ACCEPTED by the General Manager of a Lamar Outdoor Advertising Company.
ACCEPTED: THE LAMAR COMPANIES
DATE. BY:
GENERAL MANAGER
Randall Straub
AGENCY
The agency representing this Advertiser in this contract executes this contract as an agent for a disclosed principal, but hereby expressly agrees
to be liable Jointly and severally and in solido with Advertiser for the full and faithful perlormance of Advertiser's obligations hereunder. Agency
waives notice of default and consents to all extensions of payment.
Cust AlC :
Nat'IILocal: LD
Agency: N / A
Street Address:
Date:
Mailing Address:
By:
City:
State: _ Zip:
Signed By:
Email Address:
Contact:
TYPE OR PRINT NAMES BELOW SIGNATURES
REVISED 10105
Phone:
Fax:
STANDARD CONDITIONS
1. If Lamar is requested by Advertiser to submit artwork, then artwork submitted by Lamar shall be approved or substitute
artwork shall be furnished by Advertiser within ten (10) days after submission. In the case of default in furnishing or
approval of artwork by Advertiser, then the date of installation for purposes of commencement of the first monthly invoice
shall be deemed to occur on the date on which the various spaces are available for installation.
2. Advertiser warrants that all approved designs do not infringe upon any trademark or copyright, state or federal. Advertiser
agrees to defend, indemnify and hold Lamar free and harmless from any and all loss, liability, claims and demands,
including attorney's fees arising out of the character, contents or subject matter of any copy displayed pursuant to this
contract.
3. Upon completion and installation of the initial painting/vinyl, or upon the circumstances described in paragraph 1 above
regarding default, an invoice for payment will be sent to Advertiser or Agency. Upon Advertiser's or Agency's request, a
report of such painting and installation will be sent with the initial notice. The first monthly invoice shall cover the period
from date of installation (if more than one location is included, the average date of installation shall be used) to the end of
the month in which the invoice is rendered, and subsequent monthly invoices shall be rendered in advance on the first of
each successive month. All prorated invoices and credits will be computed on the basis of a thirty (30) day month.
4. If Lamar is prevented from posting or maintaining any of the spaces by causes beyond its control of whatever nature,
including but not limited to acts of God, strikes, work stoppages or picketing, or in the event of damage or destruction of
any of the spaces, or in the event Lamar is unable to deliver any portion of the service required in this contract, including
illumination, this contract shall not terminate. Credit shall be allowed to advertiser at the standard rates of Lamar for such
space or service for the period that such space or service shall not be furnished or shall be discontinued or suspended.
Lamar may discharge this credit, at its option, by furnishing advertising service on substitute spaces, to be reasonably
approved by advertiser, or by extending the term of the advertising service on the same space for a period beyond the
expiration date. The substituted or extended service shall be of a value equal to the amount of such credit.
5. Upon default in the punctual payment of the contract indebtedness or any part thereof, as the same shall become due and
payable, the entire amount of the indebtedness contracted for herein shall be matured and shall be due and payable
immediately, at the option of Lamar, and unless same is promptly paid, Lamar may, at its option, discontinue without
notice the outdoor advertising contracted for herein; provided, however, that such discontinuance shall not relieve the
Advertiser of the contract indebtedness. All payments in arrears shall bear interest at the highest contract rate permitted
by law, not to exceed 1V2% per month. In addition, Advertiser shall pay Lamar all costs and expenses of exercising its
rights under this contract, including reasonable attorney's fees of not less than 25% of the amount due, or $250.00,
whichever is greater, and all reasonable collection agency fees.
6. This contract, both pages, constitutes the entire agreement between Lamar and Advertiser. Lamar shall not be bound by
any stipulations, conditions, or agreements not set forth in this contract. Waiver by Lamar of any breach of any provision
shall not constitute a waiver of any other breach of that provision or any other provision.
7. Lamar reserves the right to determine if copy and design are in good taste and within the moral standards of the individual
communities in which it is to be displayed.
8. Lamar reserves the right to reject or withdraw any copy, either before or after posting. Lamar further reserves the right to
terminate the contract for any reason, at any time.
9. Net cash payment is required thirty (30) days after the date of billing.
10. If a location should be lost during the period of display for any reason, a bulletin location of equal advertising value will be
substituted or credit issued for loss of service. Should there be more than a 50% loss of illumination, a 20% pro-rata credit
based on monthly advertising space billing will be given. If this contract requires illumination, it will be provided from dusk
until 11 :00 p.m.
11. The customary agency commission will be allowed to accredited advertising agencies. Agency commissions will be forfeited
after sixty (60) days, if payment is not received as outlined above.
12. All contracts are non~cancelable by Advertiser.
13. Paint production charges are not included in the space rate, and will be determined by the degree of difficulty of the
reproduction. Charges are computed on a square foot basis.
14. Approved artwork and painting instruction shall be furnished by the Advertiser sixty (60) days prior to scheduled display
date.
15. Creative with mechanical, reflectors, inflatable, etc. will be quoted upon request.
16. Cutouts/extensions, where allowed, are limited in size to 5 feet above, and 2 feet to the sides and 1 foot below normal
display area. Cutouts are the property of Lamar, and the basic fabrication charge is for a maximum 12 months. Lamar will
not be responsible for cutouts/extensions after 120 days of storage time.
17. Vinyl for bulletins should be supplied by the advertiser fifteen (15) days prior to posting date.
18. Sections or vinyl will be held at customer's request upon management approval at the maximum rate of $100 per month.
19. Leeway of five (5) working days from the accepted start date is required to complete the installation of any display. Vinyl
should be shipped in time to arrive at least fifteen (15) days prior to the accepted start date.
20. Soecial Considerations:
SURETY AGREEMENT
In consideration of Lamar entering into this contract with Advertiser, the undersigned (.Surety-) guarantees and becomes a surety for
Advertiser in favor of Lamar for all sums due by Advertiser under this contract. The obligation of Surety is joint and several and in solido with
Advertiser and Agent (if applicable) for the full performance of aU of Advertiser's obligations under this contract or any continuation. Surety
consents to all extensions. Surety waives any benefit that may allow him to limit this obligation to less than the full obligation of Advertiser. It is
understood that, without this guarantee or surety agreement, Lamar would not be willing to enter this contract with Advertiser.
Signed this day of
SURETY
Print Name:
Address:
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ITEM NO. 28
I
I
Approvals
City Attorney
Director of Finance
City Manager
JAt.f'"
11/2
98
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
John Meyer, Redevelopment Director
DATE:
June 27,2006
SUBJECT:
Agreement between Melody's Ad Works and the Redevelopment Agency for FY
2006-07
RECOMMENDATION: That the Agency Members approve an agreement with Melody's Ad
Works in the amount of $31 ,415 for promoting and marketing Special Events in Old Town,
BACKGROUND: Melody Brunsting, a Temecula public relations and special events
coordinator, has been assisting the Agency in promoting and marketing special events in Old Town
Temecula since 1999, Since that time, the Agency has expanded our special events to include the
Bluegrass Festival, Painted Parasol Music Festival, Western Days, Street Painting Festival, Hot
Summer Nights, Saturday Nights on Main Street, Antique Faire, Quilt Festival, Howl-O-Ween in Old
Town, Erie Stanley Gardner Mystery Weekend and a Dickens of a Christmas in Old Town, These
special events attract visitors to Old Town in hosting a variety of activities of interest for the local
community and tourists of all ages, Through these efforts, merchants and restaurants have
benefited by increased business and continued support of Old Town's economic viability,
FISCAL IMPACT: The $31,415 will be funded through the Old Town Implementation
Plan (280-199-999-5362) 2006/07 Budget.
ATTACHMENTS:
Attachments
REDEVELOPMENT AGENCY
OF THE
CITY OF TEMECULA
AGREEMENT
FOR CONSUL TANT SERVICES
MELODY'S AD WORKS INC.
THIS AGREEMENT, is made and effective as of July 1, 2006, between the
Redevelopment Agency of the City of Temecula, a municipal corporation ("Agency") and Melody's
Ad Works 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, 2006, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2007, 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 Agency 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 One
Thousand Four Hundred Fifteen Dollars and 00 Cents ($31,415.00) for the total term of the
Agreement unless additional payment is approved as provided in this Agreement. Expenses
incurred by consultant will be billed separately and are not considered part of the services fee,
b, Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the Executive Director.
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 Agency disputes any of consultant's fees it shall give
written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on
the invoice,
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5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a, The Agency may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice, Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise, If the Agency suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b, In the event this Agreement is terminated pursuant to this Section, the Agency
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the Agency , Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 4,
6. DEFAUL T OF CONSULTANT.
a, The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Consultant. If such failure by the Consultant to make progress in the performance of
work hereunder arises out of causes beyond the Consultant's control, and without fault or
negligence of the Consultant, it shall not be considered a default.
b, If the Executive Director or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have (10) days after service upon
it of said notice in which to cure the default by rendering a satisfactory performance, In the event
that the Consultant fails to cure its default within such period of time, the Agency shall have the
right, notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice to any other remedy to which it may be entitled at law, in equity
or under this Agreement.
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 Agency that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services, All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible, Consultant shall provide free access to the representatives of Agency
or its designees at reasonable times to such books and records, shall give Agency the right to
examine and audit said books and records, shall permit Agency to make transcripts 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
Agency and may be used, reused or otherwise disposed of by the Agency without the permission
of the Consultant. With respectto computer files containing data generated for the work, Consultant
shall make available to the Agency, upon reasonable written request by the Agency, the necessary
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computer software and hardware for purposes of accessing, compiling, transferring and printing
computer files,
c, With respect to the design of public improvements, the Consultant shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Consultant.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the Agency ,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 Agency, 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 Agency ,
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 Scooe of Insurance, Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No, CG 0001 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 limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage,
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1 ,000,000) peraccidentfor
bodily injury or disease,
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c, Deductibles and Self-Insured Retentions, Any deductibles or self-insured
retentions must be declared to and approved by the Executive Director. At the option of the
Executive Director, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the Agency, its officers, officials, employees and volunteers; orthe 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 Agency, 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 Agency, 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 Agency, its
officers, officials, employees and volunteers, Any insurance or self-
insured maintained by the Agency, its officers, officials, employees or
volunteers shall be excess of the Consultant's insurance and shall
not contribute with it.
(3) Anyfailure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the Agency, 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 Agency,
e, Acceotabilitv of Insurers, Insurance is to be placed with insurers with a
current A,M, Best's rating of no less than AVII, unless otherwise acceptable to the Agency, Self
insurance shall not be considered to comply with these insurance requirements,
f, Verification of Coveraae, Consultant shall furnish the Agency 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 Agency, All endorsements are to be received and approved by the Agency
before work commences, As an alternative to the Agency'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,
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10. INDEPENDENT CONTRACTOR.
a, Consultant is and shall at all times remain as to the Agency a wholly
independent contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency
nor any of its officers, employees, agents, or volunteers shall have control over the conduct of
Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the Agency, Consultant
shall not incur or have the power to incur any debt, obligation or liability whatever against Agency, or
bind Agency in any manner.
b, No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for Agency, Agency 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 Agency, 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 Agency's prior written
authorization, Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the Executive Director or unless requested by the Agency 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 Agency, Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives Agency notice of such court order or subpoena,
b, Consultant shall promptly notify Agency should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
thereunder or with respect to any project or property located within the Agency, Agency retains the
right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or
similar proceeding, Consultant agrees to cooperate fully with Agency and to provide Agency with
the opportunity to review any response to discovery requests provided by Consultant. However,
Agency's right to review any such response does not imply or mean the right by Agency 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
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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 Agency:
Redevelopment Agency of the
City of Temecula
Mailing Address:
P,O, Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: Executive Director
To Consultant:
Melody Brunsting
Melody's Ad Works Inc,
21705 Como Street
Wildomar, CA 92595
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
Agency, Because of the personal nature of the services to be rendered pursuant to this Agreement,
only Melody Brunsting shall perform the services described in this Agreement. Melody's Ads Works
may use assistants, under their direct supervision, to perform some of the services under this
Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of
Melody Brunsting from Consultant's employ, Should he or she leave Consultant's employ, the
Agency shall have the option to immediately terminate this Agreement, within three (3) days of the
close of said notice period, Upon termination of this Agreement, Consultant's sole compensation
shall be payment for actual services performed up to, and including, the date of termination or as
may be otherwise agreed to in writing between the Executive 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 Agency and Consultant understand and agree that
the laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the Redevelopment Agency of the City Temecula, In the event such
litigation is filed by one party against the other to enforce its rights under this Agreement, the
prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attorney
fees and litigation expenses for the relief granted,
17. PROHIBITED INTEREST. No officer, or employee of the Redevelopment
Agency 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 Agency that no officer or employee of the Redevelopment Agency 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 Agency in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
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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,
REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA
Mike Naggar, RDA Chairperson
Attest:
Susan W, Jones, CMC Agency Secretary/
City Clerk
Approved As to Form:
Peter M, Thorson, Agency Counsel
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CONSUL TANT
Melody Brunsting
Melody's Ad Works Inc,
1705 Como Street
Wildomar, CA 92595
(951) 678-1456
By:
Name:
Title:
By:
Name:
Title:
(Signatures of two corporate officers required for Corporations)
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EXHIBIT A
TASKS TO BE PERFORMED
PAYMENT RATES AND SCHEDULE
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EXHIBIT B
PAYMENT RATES AND SCHEDULI;,
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[N]@D@)(3J~~ ~w W@uD:s~
Marketing and Public Relations
Budgel Proposal
Old Town Temecula
Special Evenl Promolions
2006-2001
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aol.com-Website: www.Temeculacalifornia.com
Also hosting www.Temeculatheater.com, www.GirlstalksDorts.com
[N]@D@)(3J~~ ~w W@uD:s~
Marketing and Public Relations
EVENT ANNUAL SCHEDULE 2006-2007
OLD TOWN TEMECULA EVENT
ANNUAL EST. WEEK
2006 DATE
2007 DATE
QUILT SHOW First Saturday in Oct 14-0ct* 6-0ct
HOWL-a-WEEN Last weekend in Oct Oct28 - Oct 29 Oct 27-28
ERLE STANLEY GARDNER First weekend Nov Nov 3, 4, 5 Nov 2, 3, 4
DICKENS OF A CHRISTMAS week before Thanks Nov 18-Dec 23 Nov 24-Dec 23
OLD TOWN BLUEGRASS FESTIVAL3rd weekend March March 18, March 19 17-Mar-18
PAINTED PARASOL 3rd to 4th weekend April 22-Apr 21-Apr
WESTERN DAYS 3rd weekend May May 20-21 19-May-20
STREET PAINTING 4th weekend June June 24-25 23-Jun-24
HOT SUMMER NIGHTS FRI. Friday after 4th 8 weeks July7-Aug 25 July 13-Aug 31
CONCERTS Main Street Sat. July 7, 8, Aug 12 3rd sat July/Aug
*Regular week changed for Rod Run.
EVENT DESCRIPTIONS:
Hot Summer Ni!!hts:
The weekly format has been the most effective of the programs and continually builds the
crowd over an eight-week period. We'll continue the Friday night activities but add one
Saturday night concert per month -July, August and September, Friday night events will
begin July 7, 2006 in cooperation with the Temecula International Jazz Festival and
continue through Friday, August, 25, 2006
Cooperative Advertising providing low cost ads to Old Town Business Owners and a ~
page ad twice weekly in the Californian increased the 2005 event exposure. Regular
Sponsors are Country Porch, Rosa's Cantina and this year Arrowhead Credit Union.
The Press-Enterprise will also do a "CfJ op" adfor the Street Painting Festival, Hot
Summer Nights and ErIe Stanley Gardner.
OTTBA is considering conducting Saturday Night Family Night with games such as
dunking for apples, potato bowl, water balloon toss and some of the games the Boys
and Girls Club has done in the past.
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aol.com-Website: www.Temeculacalifornia.com
Also hosting www.Temeculatheater.com, www.GirlstalksDorts.com
[N]@D@)(3J~~ ~w W@uD:s~
Marketing and Public Relations
EVENTS AND ACTIVITIES
D 8 weeks - July 7 through August 25, 2006
D EVERY FRIDAY - music themes
D One strong band in the center oftown, smaller bands,
entertainment on north and south end,
D Dynamite Dave every Friday evening
D TVCVB Mixer in Old Town to include Aunt Kizzy'z Boyz and
Steel the Band on July 21,2006
Hot Summer Nights 8 week Budget:
Melodv's Ad Work. Inc.
$ 7 .500
Advertising
$ 12,500
Kfrog $4000(Partial sponsor)
MY 94,5 $3000, (partial sponsor)
Californian/coop ads $2500,
Press-Enterprise/coop ads $2500
Table Tents for restaurants & hotels $500
Entertainment $11,000
Facilities (stages where necessary) $ 3,000
Games $ 750
~rm~ $ 500
Hot Summer Nights
$27,750
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aol.com-Website: www.Temeculacalifornia.com
Also hosting www.Temeculatheater.com, www.GirlstalksDorts.com
[N]@D@)(3J~~ ~w W@uD:s~
Marketing and Public Relations
Summer Ni!!hts on Main Street
Three Saturday evenings will utilize Main Street for concerts and activities beginning at
3 p,m, and continuing until 9 p.m, These Saturday nights will include: Temecula
International Jazz Festival in cooperation with Musicians Workshop on July 8; Bluegrass
Weekend, August 12, 2006, and the Temecula OnStage on September 2, 2006.
By cooperating with the already scheduled Saturday events, this enhances the
promotions, reduces the costs and number of Street Closures while providing additional
evening entertainment for Old Town Temecula,
They will require the closing of Main Street from Front Street to the Bridge from the
hours of 3 p.m, to 10 p,m, on Saturday Night, July gh, and 3rd Street or the Penfold
Parking Lot (FBD) Saturday, August 12, 2006.
Melodv's Ad Works Fee
$ 1.500
o Entertainment
July/Jazz Festival
August Bluegrass Weekend
o Facilities
Stage, Sonnd and Lighting
$1,500
$7,500
o Advertising
$5,500
$ 500
TOT AL FOR CONCERT SERIES
$15,000
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aol.com-Website: www.Temeculacalifornia.com
Also hosting www.Temeculatheater.com, www.GirlstalksDorts.com
[N]@D@)(3J~~ ~w W@uD:s~
Marketing and Public Relations
ANTIQUE SInEW ALK SALE-
September 23,2006
The Antique Street Faire requested by many antique dealers did not happen in 2005 due
to a downturn in Antique sales and lack of vendors, However, advertising that ran in
antique and collecti ble publications, as well as flyers and radio, created a very successful
crowd in Old Town Temecula, Many of the malls placed antiques in their parking lots as
a sidewalk sale and reported great sales from the modified event, There was also a
request to have a second Sidewalk Sale,
This event will be modified to an Antique Sidewalk Sale for one day and allow all stores
in Old Town Temecula to participate, The Advertising will begin in July, with monthly
antique and collecti ble publications as well as monthly regional publications,
Expenses are for administration, organization and advertising.
Melodv's Ad Works. Inc.
$ 1.000
Advertising
Permits
$ 2,800
$ 200
Total Expenses Antique Sidewalk Sale
$ 3,000
QUILT FESTIVAL
October 14, 2006
No direct costs, Valley of Mist Quilting guild produces event and asks that the city
include the event in their calendar, Melody's Ad Works to assist with calendar nottes
and publicity, $500 is placed in budget to assist them with permits and advertising costs
relating to flyers and banner installation. This year the organization has arranged for
workshops and a retreat for quilters in Temecula,
total
$
$
$
500
200
700
Advertising
Pennits
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aol.com-Website: www.Temeculacalifornia.com
Also hosting www.Temeculatheater.com, www.GirlstalksDorts.com
[N]@D@)(3J~~ ~w W@uD:s~
Marketing and Public Relations
Howl-o-Ween in Old Town
October 27 and 28,2006
Weekend activities to include pumpkin decorating, mask making, broomstick
decorating, costume contest and contest walk. Participating merchants will be recognized
by signs in doors,
Melodv's Ad Works
$2,000
Entertainment
Prizes and supplies
Facilities
Advertisements
$3,000
$ 750
$ 200
$3,000
Howl-O-Ween Expense Total
$6,950
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aol.com-Website: www.Temeculacalifornia.com
Also hosting www.Temeculatheater.com, www.GirlstalksDorts.com
[N]@D@)(3J~~ ~w W@uD:s~
Marketing and Public Relations
Erie Stanley Gardner Mystery Weekend
November 3, 4 and 5, 2006
This event continues to grow in recognition and community involvement, The
committee now consists of members from the Temecula Valley Museum, Temecula Valley
Players, media, Temecula Friends of the Library and the Temecula Valley Historical
Society,
This year's event will incorporate the Court of Last Resort, script writing
competition and the announcement of the 2007 One-Act Mystery Festival in the Theater,
Sponsors procuredfor 2006 Arrowhead Savings and Loan (1000) , and
Rosenstein and Hitzeman ($1750).
Includes:
o Mystery contest and prizes
o Writers workshops and seminars
o Characters performing throughout the town
o Final Performance of one Perry Mason Show tied to mystery contest
o Writing Competition for Youth - through adult amateur mystery writers,
o "Around Uncle Erie's Campfire" Cowboy Poetry evening Saturday
o Local merchants should sponsor prizes,
o Antique - original restored vehicles only - Car Show,
Melody's Ad Works Fee
$2,500
TOTAL
$5,000
$1,500
$2,000
$ 800
$ 500
$3,205
$13,005
Advertising
Speakers Fees
Entertainment
Prizes
Reception costs/other
Facility Rentals
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aol.com-Website: www.Temeculacalifornia.com
Also hosting www.Temeculatheater.com, www.GirlstalksDorts.com
[N]@D@)(3J~~ ~w W@uD:s~
Marketing and Public Relations
A DICKENS OF A CHRISTMAS RETURNS
Saturdays & Sundnys, November lIfh, December l'fh, 2006
(Note the events will start BEFORE Thanksgiving weekend.)
Santa's arrival to include horse drawn sleigh, Dickens Carollers and a
Snow machine on the sleigh providing snow as Santa Arrives, Additional
this event will be co-promoted with the Temecula Valley Players who are
proposing a "Scrooge" the musical version of A Christmas Carol for the
new theater, During the five weeks of Christmas their cast of characters
will meander the streets, We will also add a bell-ringing, choreographed
Dickens Choir,
This year we are planning on using the Baily's patio/event courtyard and
have a potential sponsor to provide a "Santa's Village" with a new chair
and more elaborate decorations, (Community Little Book has expressed
interest.) In addition, souvenir photos will be handled by the Boy Scouts of
America this year as our Soccer Club has graduated high school.
Melodv's Ad works
$6.000
Advertisements
Entertainment
Santa Supplies and decor
Facilities
$8,500
$8,000
$1,750
$2,500
Christmas Event Expenses
$
20.750
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aol.com-Website: www.Temeculacalifornia.com
Also hosting www.Temeculatheater.com, www.GirlstalksDorts.com
[N]@D@)(3J~~ ~w W@uD:s~
Marketing and Public Relations
B1ue!!rass Festival
March 17, 18, 2007
Despite the rain ofthe last two events, we've continued to do well with the event,
increasing in audience, popularity and requests from national acts to participate, The
Bluegrass audience has proved to be very hardy and continues to support the event
through shopping and eating,
To protect the crowd and growth ofthe event, we are securing all indoor venues
available, These will be used for workshops and a new Fiddle Contest with good weather,
and concerts/small venue performances in the event of poor weather. We will also
analyze the weather this year, one week in advance, and move most activities undercover
early, alleviating last minute plans and reducing overall event costs by building in the
contingency,
New proposed items: Fiddling competition, cash prizes sponsored and souvenir t-shirt
produced by a local merchant and provided to all merchants at wholesale for retail
sales.
Entertainment lineup will include three ofthe top fiddlers in the industry; Byron Berline,
Gabe Witcher (plays with Loggins and Messina) and Dennis Caplinger (numerous
soundtracks, commercials and CDs,)
o OVERNIGHT STREET CLOSURE - 3RD STREET
o Two outdoor stages with sun, one indoor/one out with rain
Melody's Ad Works
$ 3,500
Advertisements
Entertainment
Facilities/stage sound rental
Facilities/city owned Mercantile, Senior Center
S ecuritv
$ 3,500
$14,000
$ 8,000
$ 1,790
$ 800
2006 Bluegrass Expenses
$ 28,090
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aol.com-Website: www.Temeculacalifornia.com
Also hosting www.Temeculatheater.com, www.GirlstalksDorts.com
[N]@D@)(3J~~ ~w W@uD:s~
Marketing and Public Relations
Painted Parasol Music Festival
Dates April 21, 2007
In 2005 and 2006 the event offered Youth Jazz Band Ensembles for local
high schools the opportunity to play in Old Town and raise funds for their bands,
A Blues Concert that went from 2 p.m, to 7 p.m, on Saturday. At the Children's
Museum children and adults painted parasols and learned about the weather,
The 2007 event will expand the Painted Parasol's to include more adults
and artists,
Melodv's Ad Works
$2,000
Entertainment
Advertisement
Permit
Facilities
Jazz and Blues Fest Expenses
$4,500
$2,000
$ 200
$3,100
$9,800
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aol.com-Website: www.Temeculacalifornia.com
Also hosting www.Temeculatheater.com, www.GirlstalksDorts.com
[N]@D@)(3J~~ ~w W@uD:s~
Marketing and Public Relations
Western Days
May 19 and 20,2007
No changes to the event other than budgeting for facilities, With many of our lots
under construction, the future need for seating, toilets, etc, is anticipated with the
Facilities line item, This event draws a good crowd and vendor response, It is possible to
increase income with vendors providing the right venue for both the performances and
vendors are made available,
Melody's Ad Works
$2,500
Entertainment
Facilities
Advertisement
$3,000
$1,500
$2,000
Western Days 2006 expenses
$6,500
Street Paintinl! Festival
June 23 and 24, 2007
Again, we'd like to utilize Main Street from the Children's Museum to Mercedes,
Rosenstein and Hitzeman will host VIP tent for artists and dignitaries at their parking lot
as a sponsor, La Masters has provided new umbrellas for the artists that will be uniform
in color and size,
Artists for the 2006 event include the artist coordinator of Pasadena's Absolut
Chalk - the largest street painting event in Californian with 400 artists, the Orange
County School of Arts mural teacher, and numerous professional artists,
Melody's Ad Works
$3,000
Advertisement
Entertainment
Supplies - chalk, etc,
Facilities
$2,500
$2,500
$1,000
$1, 750
Street Painting Festival Expenses
$7,750
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aol.com-Website: www.Temeculacalifornia.com
Also hosting www.Temeculatheater.com, www.GirlstalksDorts.com
[N]@D@)(3J~~ ~w W@uD:s~
Marketing and Public Relations
TOTAL BUDGET 2005-06
HOT SUMMER NIGHTS
SATURDAY NIGHTS ON MAIN STREET
QUILT FESTIVAL
ANTIQUE FAIRE
HALLOWEEN
ERLE STANLEY GARDNER
DICKENS CHRISTMAS IN OLD TOWN
BLUEGRASS FESTIVAL
MUSIC FESTIVAL
WESTERN DAYS
STREET PAINTING FESTIVAL
TOTAL
MELODY'S AD WORKS. INC.
$27,750
$15,000
$ 700
$ 3,000
$ 6,950
$13,005
$20,750
$28,090
$ 9,800
$ 6,500
$ 7,750
139.295
$
31.000
Expenses incurred by Melody's Ad Works Inc., in order to conduct these programs
such as printing, postage, wreath supplies, Christmas decorations, ice, signage, ice,
prizes, games and toys for the events will be billed separately and are not part of the
contract price for services.
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aol.com-Website: www.Temeculacalifornia.com
Also hosting www.Temeculatheater.com, www.GirlstalksDorts.com
Ii
-
I.
ITEM NO. 29
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
.9/2
~
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
John Meyer, Redevelopment Director
DATE:
June 27, 2006
SUBJECT:
Annual Contract for Keyser Marston Associates, Inc, for Real Estate Economic
and Affordable Housing Consulting Services
RECOMMENDATION:
That the Agency Members:
1, Approve an agreement with Keyser Marston Associates, Inc, in the amount of $75,000 to
provide as-needed Real Estate Economic Consulting Services and Authorize the
Redevelopment Chairperson to execute the agreement.
2, Approve an agreement with Keyser Marston Associates, Inc, in the amount of $50,000 to
provide as-needed Affordable Housing Consulting Services and Authorize the
Redevelopment Chairperson to execute the agreement.
BACKGROUND: The Agency is currently pursuing a comprehensive range of redevelopment
projects, including commercial, institutional, affordable housing and other revitalization initiatives,
Keyser Marston Associates, Inc, (KMA) has provided economic consulting services to assist the
Temecula Redevelopment Agency (Agency) with its redevelopment and affordable housing projects
for nearly ten years, The attached one-year agreement is to provide as-needed services for projects
through fiscal Year 2006-07, In order to assist the Agency with these activities, KMA will provide
the following menu of consulting services on an as-needed basis:
1, Market Support and Valuation
2, fiscal and Economic Impact
3, financial Analysis
4, Identification of financing Sources
5, Transaction of Structuring/Negotiations
6, Preparation of Reuse Analyses and Summary Reports
7, Public Hearings and Presentations
KMA will provide all services, as requested, on a time-and materials basis subject to the attached
standard hourly billing rate schedule,
FISCAL IMPACT: The $75,000 will be funded through 280-199-999-5250 and $50,000
through 165-199-999-5250 2006/07 Budget.
ATTACHMENTS:
Attachments
AGREEMENT
FOR CONSUL TANT SERVICES
BETWEEN THE CITY OF TEMECULA REDEVELOPMENT AGENCY
AND
KEYSER MARSTON ASSOCIATES, INC.
ANNUAL AGREEMENT FOR 2006/07
FOR REAL ESTATE ECONOMIC SERVICES
THIS AGREEMENT is made and effective as of June 27, 2006, between the City of
Temecula Redevelopment Agency, a municipal corporation ("Agency") and Keyser Marston
Associates, Inc, ("Consultant")), In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 1, 2006, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June
30, 2007, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A,
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein, Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PAYMENT.
a, The Agency agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and
Schedule, attached hereto and incorporated herein by this reference as though set forth in full,
based upon actual time spent on the above tasks, Any terms in Exhibit B other than the payment
rates and schedule of payment are null and void, This amount shall not exceed Seventy-Five
Thousand Dollars and 00/100 ($75,000,00 ) for the total term of the Agreement unless additional
payment is approved as provided in this Agreement.
b, Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the Executive Director. Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed to by
Executive Director and Consultant at the time Agency's written authorization is given to Consultant
for the performance of said services,
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
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invoice as to all non-disputed fees, If the Agency disputes any of consultant's fees it shall give
written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on
the invoice,
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a, The Agency may at anytime, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice, Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise, If the Agency suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b, In the event this Agreement is terminated pursuant to this Section, the
Agency shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the Agency, Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 4,
6. DEFAUL T OF CONSULTANT.
a, The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. I n the event that Consultant is in default for cause under the terms of this
Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Consultant. If such failure by the Consultant to make progress in the performance of
work hereunder arises out of causes beyond the Consultant's control, and without fault or
negligence of the Consultant, it shall not be considered a default.
b, If the Executive Director or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have (10) days after service upon
it of said notice in which to cure the default by rendering a satisfactory performance, In the event
that the Consultant fails to cure its default within such period of time, the Agency shall have the
right, notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice to any other remedy to which it may be entitled at law, in equity
or under this Agreement.
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 Agency that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services, All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible, Consultant shall provide free access to the representatives of Agency
or its designees at reasonable times to such books and records, shall give Agency the right to
examine and audit said books and records, shall permit Agency to make transcripts there from as
necessary, and shall allow inspection of all work, data, documents, proceedings and activities
related to this Agreement. Such records, together with supporting documents, shall be maintained
for a period of three (3) years after receipt of final payment.
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b, Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, surveys, notes, and other
documents prepared in the course of providing the services to be performed pursuant to this
Agreement shall become the sole property of the Agency and may be used, reused or otherwise
disposed of by the Agency without the permission of the Consultant.
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 ordeath of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability
arising out of the negligence of the City,
9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees,
a, Minimum Scope of Insurance, Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No, CG 00 01 11 85 or 88,
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto), If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable,
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance, If the Consultant has
no employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees,
(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession,
b, Minimum Limits of Insurance, Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage, If Commercial General
Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
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(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage,
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1 ,000,000) per accident for
bodily injury or disease,
(4) Professional Liability coverage: One million ($1,000,000) per claim
and in aggregate,
c, Deductibles and Self-Insured Retentions, Any deductibles or self-insured
retentions must be declared to and approved by the Agency Manager. At the option of the Agency
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; orthe 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,
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f, Verification of Coveraae, Consultant shall furnish the Agency with original
endorsements effecting coverage required by this clause, The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf, The endorsements are to be on
forms provided by the City, All endorsements are to be received and approved by the Agency
before work commences, As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the
coverage required by these specifications,
10. INDEPENDENT CONTRACTOR.
a, Consultant is and shall at all times remain as to the Agency a wholly
independent contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency
nor any of its officers, employees, agents, or volunteers shall have control over the conduct of
Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the City, Consultant shall
not incur or have the power to incur any debt, obligation or liability whatever against City, or bind
Agency in any manner.
b, No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City, Agency shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
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 Executive Director or unless requested by the Agency Counsel,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement or relating
to any project or property located within the City, Response to a subpoena or court order shall not
be considered "voluntary" provided Consultant gives Agency notice of such court order or
subpoena,
b, Consultant shall promptly notify Agency should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the City, Agency retains the
right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or
similar proceeding, Consultant agrees to cooperate fully with Agency and to provide Agency with
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the opportunity to review any response to discovery requests provided by Consultant. However,
City's right to review any such response does not imply or mean the right by Agency to control,
direct, or rewrite said response,
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:
The City of Temecula Redevelopment Agency
Mailing Address:
P,O, Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: Executive Director
To Consultant:
Attn: Paul Marra
Keyser Marston Associates, Inc.
1660 Hotel Circle Norlh, Suite 716
San Diego, CA 92108
(619) 718-9508
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 Agency Board 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 Agency and Consultant understand and agree that
the laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the Agency of Temecula, In the event such litigation is filed by one
party against the other to enforce its rights under this Agreement, the prevailing party, as
determined by the 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 CityofTemecula
Redevelopment Agency shall have any financial interest, direct or indirect, in this Agreement, the
proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her
tenure or for one year thereafter. The Contractor hereby warrants and represents to the Agency that
no officer or employee of the City of Temecula Redevelopment Agency has any interest, whether
contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the
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Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the
Agency in the event any such interest is discovered whether or not such interest is prohibited by law
or this Agreement.
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 REDEVELOPMENT
AGENCY
Mike Naggar, RDA Chairperson
Attest:
Susan W, Jones, CMC, Agency Secretary/
City Clerk
Approved As to Form:
Peter M, Thorson, Agency Counsel
CONSUL TANT
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Attn: Paul Marra
Keyser Marston Associates, Inc.
1660 Hotel Circle North, Suite 716
San Diego, CA 92108
(619) 718-9508)
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
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EXHIBIT A
PAYMENT RATES AND SCHEDULE
TASKS TO BE PERFORMED
C:\Documents and Settings\jason.simpson\Local Settings\Temporary Internet Files\OLK598\Consultant Prof Srvcs 200607kma280
(2).doc
EXHIBIT B
PAYMENT RATES AND SCHEDULE
C:\Documents and Settings\jason.simpson\Local Settings\Temporary Internet Files\OLK598\Consultant Prof Srvcs 200607kma280
(2).doc
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KEYSER MARSTON ASSOCIATES
ADVISORS IN PUBUC!PRIVATE REAL ESTATE DEVElOPMENT
ADVISORS iN:
RMi. E~i1'ATE
REDEVELOPMENT
Al'fOROABU HOUSING
EcoNOM1C DIlvtlOPMENT To:
MEMORANDUM
SAN FRANCISCO
A.. JERRY KF.YSER
TIMOTHY C, KELLY
KAn .EAl\:J.E FuNK
OEnlEM,Kl:ftN From:
RO&Il:R.T J. WETMOro;:
John Meyer, AICP
Director of Housing and Redevelopment
Temecula Redevelopment Agency
KEYSER MARSTON ASSOCIATES, INC.
l.oSANGELES Date: June 7,2006
CALVIN E. Hol'Ll$. 11
KATHlUN H, HEAD
tAMfSAIWlE SUbject: Proposal for Real Estate Economic Consulting Services for 2006-2007
PAUL c. ANOtRSON
GREGORY 0, SOO~HOO
Keyser Marston Associates, Inc. (KMA) is pleased to submit this proposal for economic
GERAL;~ .:;::.~~ consulting services to assist the T emecula Redevelopment Agency (Agency) with its
PAUL c. MARRA redevelopment objectives. As we understand it, the Agency is pursuing a
comprehensive range of redevelopment initiatives, including commercial, institutional,
and other revitalization endeavors. KMA is very interested in assisting the Agency, and
propose to provide the following economic consulting services on an as-needed basis:
. Market Support and Valuation - KMA assists our clients with market demand
analyses; identification of appropriate development programs; and projection of
absorption potential and achievable rents and prices. KMA also works with
community stakeholders and planning and design professionals to evaluate the
development potential - both commercial and residential - for specific districts or
neighborhoods.
. Fisca/ and Economic Impact - KMA prepares assessments of fiscal and economic
benefits for proposed developments, including in-fill residential and commercial uses.
These assessments consider the potential impacts of a development proposal on the
surrounding community; the level of property tax and sales tax generation; and
potential benefits in terms of jobs/housing balance.
. Financia/ Ana/ysis - KMA assists our clients in reviewing the financial feasibility of
proposed developments, This task serves our clients in several ways: comparison
1660 HOTEl CIRCLE NORTH, SUITE 716.. SAN DIEGO, CALIFORNIA 92108 .. PHONE: 619 718 9500" FAX: 619 718 9508
WWW-KEYSERMARSTON.COM
06091ndh
99900.000.003
To:
Subject:
John Meyer, AICP, Director of Housing and Redevelopment
Proposal for Real Estate Economic Consulting Services
for 2006-2007
June 7, 2006
Page 2
of competing proposals; identification of supportable land value, or, alternatively,
need for "gap" financing; and assessment of the overall feasibility of alternative
development concepts. Typically, the KMA pro forma analyses are used extensively
in the context of negotiations with developers and/or property owners,
. Transaction Structuring/Negotiations - One of KMA's key roles is to assist public
agencies in soliciting and evaluating development proposals from qualified
developers and property owners, We assist our public clients in negotiating the
terms of land sales and public financial assistance.
. Preparation of Reuse Ana/yses and Summary Reports - Section 33433 of the Health
and Safety Code defines the specific process a redevelopment agency must follow in
order to dispose of public assets for purposes of private development. This process
requires that an agency prepare a Summary Report comparing the fair market value
of the property at highest and best use, the re-use value of the property subject to
the covenants and conditions imposed by the agency, and the agency's costs under
the proposed development agreement.
. Public Hearings and Presentations - KMA will participate as needed in public
meetings when redevelopment transactions are considered.
We will provide all services, as requested, on a time-and-materials basis subject to the
attached standard hourly billing rate schedule.
attachment
06091ndh
99900.000.003
KEYSER MARSTON ASSOCIATES, INC.
HOURLY FEE SCHEDULE
2006/2007
A. JERRY KEYSER* $260.00
MANAGING PRINCIPALS' $260.00
PRINCIPALS* $250.00
MANAGERS* $205.00
SENIOR ASSOCIATES $175.00
ASSOCIATES $155.00
SENIOR ANALYSTS $140,00
ANALYSTS $120.00
TECHNICAL STAFF $90.00
ADMINISTRATIVE STAFF $75.00
Directly related job expenses not included in the above rates are: auto mileage, air fares,
hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data pro-
cessing, graphics and printing. Directly related job expenses will be billed at 110% af cost.
Monthly billings for staff time and expenses incurred during the period will be payable within
thirty (30) days of invoice date,
* Rates for individuals in these categories will be increased by 50% for time spent in court
testimony.
06091 ndh
99900.000.003
AGREEMENT
FOR CONSUL TANT SERVICES
BETWEEN THE CITY OF TEMECULA REDEVELOPMENT AGENCY
AND
KEYSER MARSTON ASSOCIATES, INC.
ANNUAL AGREEMENT FOR 2006/07
FOR AFFORDABLE HOUSING SERVICES
THIS AGREEMENT is made and effective as of June 27, 2006 , between the City of
Temecula Redevelopment Agency, a municipal corporation ("Agency") and Keyser Marston
Associates, Inc, ("Consultant")), In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 1,2006, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June
30, 2007, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A,
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein, Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PAYMENT.
a, The Agency agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and
Schedule, attached hereto and incorporated herein by this reference as though set forth in full,
based upon actual time spent on the above tasks, Any terms in Exhibit B other than the payment
rates and schedule of payment are null and void, This amount shall not exceed Fifty Thousand
Dollars and 00/100 ($50,000,00 ) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
b, Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the Executive Direcor. Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed to by
Executive Director and Consultant at the time Agency's written authorization is given to Consultant
for the performance of said services,
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
Document1
invoice as to all non-disputed fees, If the Agency disputes any of consultant's fees it shall give
written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on
the invoice,
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a, The Agency may at anytime, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice, Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise, If the Agency suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b, In the event this Agreement is terminated pursuant to this Section, the
Agency shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the Agency, Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 4,
6. DEFAUL T OF CONSULTANT.
a, The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. I n the event that Consultant is in default for cause under the terms of this
Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Consultant. If such failure by the Consultant to make progress in the performance of
work hereunder arises out of causes beyond the Consultant's control, and without fault or
negligence of the Consultant, it shall not be considered a default.
b, If the Executive Director or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have (10) days after service upon
it of said notice in which to cure the default by rendering a satisfactory performance, In the event
that the Consultant fails to cure its default within such period of time, the Agency shall have the
right, notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice to any other remedy to which it may be entitled at law, in equity
or under this Agreement.
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 Agency that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services, All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible, Consultant shall provide free access to the representatives of Agency
or its designees at reasonable times to such books and records, shall give Agency the right to
examine and audit said books and records, shall permit Agency to make transcripts there from as
necessary, and shall allow inspection of all work, data, documents, proceedings and activities
related to this Agreement. Such records, together with supporting documents, shall be maintained
for a period of three (3) years after receipt of final payment.
Document1
b, Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, surveys, notes, and other
documents prepared in the course of providing the services to be performed pursuant to this
Agreement shall become the sole property of the Agency and may be used, reused or otherwise
disposed of by the Agency without the permission of the Consultant.
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 ordeath of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability
arising out of the negligence of the City,
9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees,
a, Minimum Scope of Insurance, Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No, CG 00 01 11 85 or 88,
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto), If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable,
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance, If the Consultant has
no employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees,
(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession,
b, Minimum Limits of Insurance, Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage, If Commercial General
Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
Document1
(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 Aaencv Manager. At the option of the Aaencv
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; orthe 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,
Document1
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 Agency with original
endorsements effecting coverage required by this clause, The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf, The endorsements are to be on
forms provided by the City, All endorsements are to be received and approved by the Agency
before work commences, As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the
coverage required by these specifications,
10. INDEPENDENT CONTRACTOR.
a, Consultant is and shall at all times remain as to the Agency a wholly
independent contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency
nor any of its officers, employees, agents, or volunteers shall have control over the conduct of
Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the City, Consultant shall
not incur or have the power to incur any debt, obligation or liability whatever against City, or bind
Agency in any manner.
b, No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City, Agency shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
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 Executive Director or unless requested by the Agency Counsel,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement or relating
to any project or property located within the City, Response to a subpoena or court order shall not
be considered "voluntary" provided Consultant gives Agency notice of such court order or
subpoena,
b, Consultant shall promptly notify Agency should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
Document1
there under or with respect to any project or property located within the City, Agency retains the
right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or
similar proceeding, Consultant agrees to cooperate fully with Agency and to provide Agency with
the opportunity to review any response to discovery requests provided by Consultant. However,
City's right to review any such response does not imply or mean the right by Agency to control,
direct, or rewrite said response,
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:
The City of Temecula Redevelopment Agency
Mailing Address:
P,O, Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: Executive Director
To Consultant:
Attn: Paul Marra
Keyser Marston Associates, Inc.
1660 Hotel Circle North, Suite 716
San Diego, CA 92108
(619) 718-9508
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 Agency Board 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 Agency and Consultant understand and agree that
the laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the Agency of Temecula, In the event such litigation is filed by one
party against the other to enforce its rights under this Agreement, the prevailing party, as
determined by the 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 CityofTemecula
Redevelopment Agency shall have any financial interest, direct or indirect, in this Agreement, the
proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her
tenure or for one year thereafter. The Contractor hereby warrants and represents to the Agency that
Document1
no officer or employee of the City of Temecula Redevelopment Agency has any interest, whether
contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the
Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the
Agency in the event any such interest is discovered whether or not such interest is prohibited by law
or this Agreement.
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 OFTEMECULA REDEVELOPMENT
AGENCY
Mike Naggar, RDA Chairperson
Attest:
Susan W, Jones, CMC, Agency Secretary/
City Clerk
Approved As to Form:
Peter M, Thorson, Agency Counsel
Document1
CONSUL TANT
Attn: Paul Marra
Keyser Marston Associates, Inc.
1660 Hotel Circle North, Suite 716
San Diego, CA 92108
(619) 718-9508)
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
Document1
EXHIBIT A
PAYMENT RATES AND SCHEDULE
TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:
Document1
EXHIBIT B
PAYMENT RATES AND SCHEDULE
Document1
. :":C"':'I
)J~r
KEYSER MARSTON ASSOCIATES
ADVISORS IN PUll-lIe/PRIVATE REAL ESTATE DEVELOPMENT
AOVtSORS IN:
REA1!;s.':An
REOEVELOPMENT
AffOltUAB'LE HOUSlNG
ECONOMtCDMLOPMENT To:
MEMORANDUM
SAN FRANCISCO
A. JEMYKEYS:fR
TtMOTliY c. KeU.Y
}{Al'E EM1E FuNK
Df,tll>>t1M,Kl;fI.N From:
JlQaERT J. WETMORE
John Meyer, AICP
Director of Housing and Redevelopment
Temecula Redevelopment Agency
KEYSER MARSTON ASSOCIATES, INC.
Los).NGELES Date: June 7, 2006
C\(,.VlNE.HOU1S.1I
KArHta:N H. HfAt)
JAM"A.IWl' Subject: Proposal for Affordable Housing Consulting Services for 2006-2007
PAUL C. ANDeRSON
GREGORY D. 500-HOO
Keyser Marston Associates, Inc. (KMA) is pleased to submit this proposal for consulting
G'1W.~~ .::.~~ services to assist the T emecula Redevelopment Agency (Agency) with its affordable
PA",C."^,,,,^ housing Objectives. As we understand it, the Agency is pursuing a comprehensive range
of affordable housing initiatives, including both rental and for-sale housing, KMA is very
interested in assisting the Agency, and propose to provide the following consulting
services on an as-needed basis:
. Market Support and Valuation - KMA assists our clients with market demand
analyses; identification of appropriate development programs; and projection of
absorption potential and achievable rents and prices.
. Financla/ Ana/ysis - KMA assists our clients in reviewing the financial feasibility of
proposed developments. This task serves our clients in several ways: comparison
of competing proposals; identification of supportable land value, or, alternatively,
need for "gap" financing; and assessment of the overall feasibility of alternative
development concepts. Typically, the KMA pro forma analyses are used extensively
in the context of negotiations with developers and/or property owners.
. Identification of Financing Sources - The development process, in particular the
development of affordable housing, typically relies on the "layering" of various public
and private financing sources - including competitively allocated federal, state, and
local funding. KMA has worked extensively with redevelopment and housing
1660 HOTEL CIRCLE NORTH, SUITE 716,. SAN DIEGO, O\L1FORN'" 92108,. PHONE: 619 718 9500 ,. r~ 619 718 9508
WWW.KEYSERMARSTON.COM
06092ndh
99900.000.003
To:
Subject:
John Meyer, AICP, Director of Housing and Redevelopment
Proposal for Affordable Housing Consulting Services
for 2006-2007
June 7, 2006
Page 2
agencies to successfully implement affordable and mixed-income housing
developments.
. Transaction Structuring/Negotiations - One of KMA's key roles is to assist public
agencies in soliciting and evaluating development proposals from qualified
developers and property owners, We assist our public clients in negotiating the
terms of land sales and public financial assistance.
. Preparation of Reuse Ana/yses and Summary Reports - Section 33433 of the Health
and Safety Code defines the specific process a redevelopment agency must follow in
order to dispose of public assets for purposes of private development. This process
requires that an agency prepare a Summary Report comparing the fair market value
of the property at highest and best use, the re-use value of the property subject to
the covenants and conditions imposed by the agency, and the agency's costs under
the proposed development agreement.
. Public Hearings and Presentations - KMA will participate as needed in public
meetings when redevelopment transactions are considered.
We will provide all services, as requested, on a time-and-materials basis subject to the
attached standard hourly billing rate schedule.
attachment
06092ndh
99900,000.003
KEYSER MARSTON ASSOCIATES, INC.
HOURLY FEE SCHEDULE
2006/2007
A. JERRY KEYSER* $260.00
MANAGING PRINCIPALS' $260.00
PRINCIPALS* $250.00
MANAGERS* $205.00
SENIOR ASSOCIATES $175.00
ASSOCIATES $155,00
SENIOR ANALYSTS $140,00
ANALYSTS $120.00
TECHNICAL STAFF $90,00
ADMINISTRATIVE STAFF $75.00
Directly related job expenses not included in the above rates are: auto mileage, air fares,
hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data pro-
cessing, graphics and printing, Directly related job expenses will be billed at 110% of cost.
Monthly billings for staff time and expenses incurred during the period will be payable within
thirty (30) days of invoice date.
* Rates for individuals in these categories will be increased by 50% for time spent in court
testimony.
06092ndh
99900.000.003
ITEM NO. 30
Approvals
City Attorney
Director of Finance
City Manager
V
1)/2
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Gary Thornhill, Deputy City Manager
DATE:
June 27, 2006
SUBJECT:
Approve the Old Town Civic Center Master Plan, Approve a Mitigated Negative
Declaration, and Authorize the Design for Phase 1 Old Town Infrastructure
Improvements
PREPARED BY:
Stephen Brown, Principal Planner
RECOMMENDATION: That the City Council:
1, Adopt a Mitigated Negative Declaration for the Environmental Assessment for the Old
Town Civic Center Master Plan
2, Approve the Old Town Civic Center Master Plan and authorize staff to proceed with the
design phase of the Phase 1 Old Town Infrastructure Improvements
BACKGROUND: On May 11, 2004 the City Council directed staff to pursue the
development of a master plan for a civic center complex in Old Town that will include parking
facilities, open space/public square and a city hall. The City entered into a contract with the
architectural firm of Nichols Melberg and Rossetto in December of 2004 to begin the master
planning process, The first phase of the master planning process has been completed and is being
brought forward for your review and approval.
The master plan for the civic center is proposed to be constructed in two phases, Exhibit B
prepared by the civic center architects delineates the locations of the proposed parking structure,
city plaza and the Mercedes Street improvements, An area has also been designated for a future
city hall building, which still requires additional design and analysis, The exhibit also shows potential
future retail space that will be developed by private enterprise at a future date,
Phase 1 of the proposal has been broken down into sub phases and includes the following:
o Phase 1A:
o Phase 1 B:
Basic clearing, grubbing and site demolition,
Undergrounding utilities (This will include the formation/funding of a Rule 20
A District that will be brought forward to the Council in July or August),
Curb-to-curb street improvements along Mercedes Street within the existing
right-of-way, between the south edge of Second Street and the north edge of
Sixth Street.
o Phase 1C:
o Phase 1 D:
o Phase 1 E:
o Phase 1 F:
Construction of a new parking structure containing 480 spaces allocated
approximately equally on four levels, This phase also includes a shell and
core components of an 8,500 square foot single-story retail component to be
placed on the west wall of the parking structure, It is recommended that
approximately 3,500 square feet of this structure be designed for the
Temecula Police Department Old Town Facility,
City Plaza to be developed within the confines of the Main Street "Y" and
east edge of Mercedes Street. Work includes finish grading, utilities, paving
and surfacing, site lighting, and landscape/irrigation; along with special site
amenities,
Preliminary site work for stand-alone retail components immediately north
and south of the Main Street "Y", It is envisioned that some type of pubic
private partnership will be considered to develop the pads adjacent to the city
plaza,
There are several structures on the civic center site that will either be relocated or demolished, The
Escallier House and the barn will be relocated to another site to preserve the historic buildings, The
City is investigating several alternatives for this relocation, It is recommended that the remaining
buildings will be demolished and suitable locations will be found for all the tenants eligible for
relocation benefits,
If the City Council approves the master plan and authorizes design for the Phase 1 improvements,
design contracts will be developed and brought to the City Council for consideration in the near
future,
Environmental Review
Staff has prepared and circulated a Mitigated Negative Declaration in accordance with the California
Environmental Quality Act. The Mitigated Negative Declaration analyzed the potential for
environmental impacts of the master plan and determined that with appropriate mitigation there are
no adverse environmental impacts, The City has received one comment letter on the Mitigated
Negative Declaration and staff will address the contents of this letter at the Public Hearing,
FISCAL IMPACT: The budget estimate for Phase 1 Old Town Infrastructure
Improvements is $24,6 million dollars, These costs are currently included in the 2007-11 Capital
Improvement Program Budget. The majority of the funding will come from RDA tax allocation
bonds, Further, there will be a small portion of DIF police fees to pay for the Police Department's
Old Town Facility, Rule 20 A funds will pay for the undergrounding of the electric utilities,
ATTACHMENTS:
Exhibit "B" Civic Center Phase 1 Site Plan
Mitigation Monitoring Program
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Project Description:
Location:
Applicant:
General Impact:
Mitigation Measures:
Specific Process:
CITY OF TEMECULA CIVIC CENTER
Mitigation Monitoring Program
The City of Temecula Civic Center - construction of a multiple
level parking structure (approximately 480 parking spaces) with
approximately 12,000 square feet of office space, the construction
of a civic plaza and improvements to 1,800 feet to both sides of
Mercedes Street (intersections and streetscape), the construction
of a 93,500 square foot city hall and civic center, and the
construction of approximately 52,000 square feet of retail office
space.
The public right-of-way for both the east and west sides of
Mercedes Street from Second Street to Moreno Road; parcels that
are east of Mercedes Street, but north of Second Street and south
of Fourth Street; and parcels that are along both sides of Main
Street from Interstate 215 to mid-block between Mercedes Street
and Old Town Front Street.
City of Temecula
43200 Business Park Drive
Temecula, CA 92589
Air Quality
A temporary air quality impact of emissions resulting from project
related construction activities. Emissions will be emitted by
construction equipment and fugitive dust will be generated during
construction. To reduce impacts related to particulate matter, the
contractor shall implement the following Mitigation Measures:
AQ-1A. Suspend all excavating and grading operations when
wind speed (as instantaneous gusts) exceeds 25
m.p.h.
AQ-1 B. Disturbed areas that are proposed for development in
future phases that occur more than six months later,
shall be temporarily seeded and irrigated for dust and
soil erosion control.
AQ-1 C. Water exposed soil surfaces three times daily.
AQ-1 D. Add soil stabilizers to inactive areas.
Planning staff will verify compliance with the above mitigation
measures as part of on-going field verification and inspections.
R:IE AIEA 125 Civic Center\MMP,doc
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Mitigation Measures:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Mitigation Measures:
R:IE AlEA 125 Civic CenterlMMP.doc
On-going during all grading and construction activities
Public Works and Building Department
Air Quality
A temporary impact of emissions resulting from project related
construction activities. Emissions will be emitted by architectural
applications during construction. To reduce impacts related to
volatile compounds, the contractor shall implement the following
Mitigation Measures:
AQ-2A. Construct/build with materials that do not require
painting.
AQ-2B. Use pre-painted construction materials.
AQ-2C. Use required coatings and solvents with a VOC content
lower than required under Rule 1113.
AQ-2D. Contractors shall use high pressure low volume (HPLV)
paint applicators with a minimum transfer efficiency of
at least 50%.
Planning and Building staff will verify compliance with the above
mitigation measures as part of on-going field verifications and
inspections.
On-going during architectural applications and construction
activities.
Public Works, Building Department, and Planning Department
Air Quality
A temporary impact resulting from project-related construction
activities may expose sensitive receptors to substantial pollutant
concentration on a temporary basis. To reduce the impacts to
sensitive receptors, the contractor shall implement the following
mitigation measures:
AQ-3.
Prior to issuance of a grading permit, the City shall
verify that all earth moving and large equipment are
properly tuned and maintained to reduce emissions. In
addition, alternative clean-fueled vehicles shall be used
where feasible. Construction equipment should be
2
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Mitigation Measures:
R:IE AlEA 125 Civic CenterlMMP.doc
selected considering emission factors and energy
efficiency.
AQ-4.
During construction and grading phases, the project
site shall be watered down in the morning before
grading and/or construction begins and in the evening
once construction and/or grading is complete for the
day. The project site shall be watered down no less
than three times (not including the morning and
evening water-down) during construction and/or
grading activities to reduce dust.
AQ-5.
BMP's shall be used for any fill being transported to
and/or from the site to reduce/eliminate soil from the
trucks before entering or leaving the construction area.
AQ-6.
Architectural coatings shall not be applied when winds
are blowing less than five miles per hour and when
winds are blowing toward adjacent sensitive receptor
(e.g. adjacent preschool)
Planning and Building staff will verify compliance with the above
mitigation measures as part of on-going field verifications and
inspections.
On-going during grading and construction activities.
Public Works, Building Department, and Planning Department
Biological Resources
There is one Coast Live Oak and several other non-native tree
species on the site. Based on the observations made by the
certified arborist, the potential to move this specimen is not
favorable. However, these trees provide suitable avian nesting
habitat; therefore, the following Mitigation Measures will be
applied to mitigate removal of the tree and to protect avian
species:
B-1. If the clearance of vegetation occurs during the avian
nesting season (February to August), a pre-construction
survey for nesting birds will be conducted prior to any
vegetation disturbance activities.
B-2. If passerine birds are found to be nesting or there is
evidence of nesting behavior inside or within 250 feet of
the impact area, a 250-foot buffer will be required around
the nests where no vegetation disturbance would be
permitted. For raptor species (birds of prey, such as
3
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Mitigation Measures:
Specific Process:
Mitigation Milestone:
R:IE AlEA 125 Civic CenterlMMP.doc
hawks and owls) this buffer is expanded to 500 feet. A
qualified biologist would be required to closely monitor the
nests until it is determined that the nests are no longer
active, at which time vegetation removal could continue.
B-3. During the landscape design phase of the project, the
landscape architect shall incorporate Coastal Live Oak into
the project.
Planning and Public Works staff will verify compliance with the
above mitigation measure prior to issuance of a grading permit.
Prior to grading permit issuance for mitigation measures B-1 and
B-2
During landscape design phase for mitigation measure B-3.
Planning Department and Public Works
Biological Resources
The burrowing owl is a California state species of concern
Pursuant to Objective 6 of the Species Account for the burrowing
owl included in the Western Riverside County Multiple Species
Habitat Conservation Plan, the following Mitigation Measure will
be applied to the project:
B-4. Within 30 days prior to the issuance of any grading permit,
a pre-construction presence/absence survey for the
burrowing owl shall be conduced by a qualified biologist
and the results of said survey shall be provided in writing to
the City's MSHCP Coordinator. If it is determined that the
project site is occupied by the burrowing owl, take of
"active" nests shall be avoided. However, when the
burrowing owl is present, active relocation outside of the
nesting season, (March 1 through August 15) by a qualified
biologist shall be required. Occupation of this species on
the project site rnay result in the need to revise the grading
plans so that the take of "active" nests is avoided or
alternatively, a grading permit may be issued once the
species had been properly relocated.
Planning and Public Works staff will verify compliance with the
above mitigation measure prior to issuance of a grading permit.
Prior to grading permit issuance
4
Responsible Monitoring
General Impact:
Mitigation Measures:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
R:IE AlEA 125 Civic CenterlMMP.doc
Planning Department and Public Works
Noise
The overall ambient noise level at approximately 50 feet from the
edge of Interstate 15 freeway is about 78 dBA, which is outside of
the "acceptable" range for new construction. For commercial
office buildings the rnaxirnum acceptable exterior noise level is 75
CNEL. The rnaximum interior noise level for commercial offices is
50 CNEL.
N-1. To minimize freeway noise irnpacts to public open space
areas, construction of a noise barrier along the property
line adjacent to Interstate 15 freeway rnay be required to
reduce exterior decibel levels to a rnaximum of 75 decibels.
A supplernental noise study shall identify if additional noise
attenuation is required to achieve this threshold.
N-2. To minirnize the potential interior noise impacts, upgraded
windows with a Sound Transmission Class (STC) rating of
34 to 51 is required depending on the actual noise
reduction desired.
N-3. Additionally, to minimize the potential interior noise
impacts, solid core exterior doors, perirneter seals and
other sound attenuation materials shall be used to reduce
noise impacts to an acceptable level.
Building and Planning staff will verify compliance with the above
rnitigation measures as part of on-going field verification and
inspections.
Prior to certificate of occupancy issuance
Planning Departrnent and Building Department
Noise
The layout of the proposed site plan and location of the civic
center will act as a buffer between the freeway and sorne of the
public open space of the project; however other areas of the
project will likely be exposed to noise levels that exceed maximum
noise standards. For this reason, the following mitigation
measures will be required to reduce the exterior and interior noise
irnpacts to the project.
5
Mitigation Measures:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Mitigation Measures:
R:IE AIEA 125 Civic CenterlMMP.doc
N-4. A final noise study shall be prepared prior to the issuance
of building permits. This report shall finalize the noise
requirements based on the precise grading plans and
actual building design specifications.
The Planning Departrnent will verify compliance with the above
mitigation measures as part of on-going field verification and
inspections.
Prior to building permit issuance
Planning Department
Transportation
Under current conditions, all study area intersections operate at a
Level of Service D or better during peak hour conditions, with
exception to the intersection of Old Town Front Street at Ranch
California Road, which is currently operating at unacceptable
levels of service. With the irnplernentation of the recommended
improvements, all study area intersections are projected to
improve to Level of Service D or better during Project Build-out
(Year 2010) with project peak hour conditions. The following list
of improvements will mitigate impacts of the project to a level that
is less than significant:
T-1A. Construct Mercedes Street and Main Street adjacent to the
project site at their ultimate half-section widths in
conjunction with development.
T-1 B. The project shall dedicate right-of-way along the frontage
of the project.
T -1 C. Complete planned widening of Rancho California Road
and intersection improvements to the SR-79 and 1-15
Freeway ramps interchange locations in lieu of payment of
fees based upon the fair-share analysis included in this
report.
T-1 D. Complete the internal circulation system and parking per
City of Temecula standards.
T-1 E. Sight distance at all project access points shall be
reviewed with respect to Caltrans/City of Ternecula sight
distance standards at the time of final grading, landscape,
and street irnprovements plans.
T-1 F. Traffic signing/striping shall be implemented in conjunction
with detailed construction plans for the project site.
6
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
R:IE AIEA 125 Civic CenterlMMP.doc
T-1G. Stop signs, stop bars, and stop legends shall be provided
at all project access points.
T-1 H. Construct intersection improvements at the study area
intersections to meet level of service standards, as
recommended and summarized in report, Exhibit L.
T-2. Install all-way stop control at Second Street and Old Town
Front Street pending revised study at project completion.
The Public Works Department will verify compliance with the
above mitigation measures as part of on-going field verification
and inspections.
Prior to certificate of occupancy issuance
Public Works Department
7
i- :i~
CITY OF TEMECULA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
City Council
$:>7
Gary Thornhill, Deputy City Manager
DATE:
June 27, 2006
Supplemental Materials for Civic Center Staff Report - Response to Public
Comments on the Mitigated Negative Declaration
SUBJECT:
Attached for your review and consideration are the City's responses to comments
received on the Initial Environmental Study and proposed Mitigated Negative Declaration
for the Civic Center Project. One letter was submitted during the public review period by
Muehle & Whitman, Attorneys at Law, representing First and Front who are opposed the
adoption of a Mitigated Negative Declaration for this project.
Also attached is a copy of the original letter from Muehle & Whitman, and a letter from
the State Clearinghouse acknowledging that the proposed Mitigated Negative
Declaration was routed to state agencies and that no state agencies submitted
comments by the closing date of the public review and comment period. A supplemental
Resolution has been drafted and is also attached to this memorandum, which adopts
additional findings to support the adoption of a Mitigated Negative Declaration for this
Project.
R:lpappelCivic CenterlSupplemental CC Memo 06-27 -Q6.doc
1
Response 1-1
This comment provides an introduction to First and Front, who oppose the
adoption of a Mitigated Negative Declaration for the Project. No response is
required.
Response 1-2
The project, as proposed, is consistent with the City of Temecula General Plan
and the Old Town Specific Plan. The EIRs for both of these projects have
established and adequately addressed the impacts of the proposed land uses.
The Temecula General Plan was adopted in 2005. It designates this area as
Community Commercial and projects the following types of uses for this
designation: retail, professional offices, and service oriented businesses
including supermarkets, department stores, theaters, restaurants, medical
offices, and specialty retail stores. Both the Old Town Specific Plan and the
Temecula General Plan have projected growth in the Old Town Area and the
EIRs for each have analyzed the impacts of the projected growth. The proposed
project will not impact population growth as the growth inducing impacts of the
Community Commercial designation have been analyzed and accounted for.
Response 1-3
The Initial Study references the City of Temecula General Plan EIR which has
evaluated the potential growth inducing impacts of all currently vacant lands in
the City of Temecula by assuming they will be built to their highest and best use.
The project, as proposed, is consistent with the City of Temecula General Plan
and the Old Town Specific Plan. The EIRs for both of these projects have
established and adequately addressed the impacts of the proposed land uses.
The Temecula General Plan was adopted in 2005. It designates this area as
Community Commercial and projects the following types of uses for this
designation: retail, professional offices, and service oriented businesses
including supermarkets, department stores,' theaters, restaurants, medical
offices, and specialty retail stores. Both the Old Town Specific Plan and the
Temecula General Plan have projected growth in the Old Town Area and the
EIRs for each have analyzed the impacts of the projected growth. The proposed
project will not impact population growth as .the growth inducing impacts of the
Community Commercial designation have been analyzed and accounted for.
These impacts have been adequately addressed in the General Plan EIR which
was adopted by the City Council and Certified on April 12, 2005.
Response 1-4
Although there is no legal requirement to provide off-street parking in Old Town,
the first phase of the Civic Center Project will be to construct a 480 space parking
structure. Constructing the parking prior to the construction and occupancy of
R:lpappelCivic Centel\Civlc Center Response to Comment Letter 1.doc
1
the Civic Center is full and complete mitigation for the parking demand that will
be created by this Project. The spaces occupied by future Civic Center
employees will be utilized during the normal work week, 7:30 am to 5:30 pm,
Monday through Friday. Thus, during this time period, approximately 300 spaces
will be utilized by employees and customers, leaving approximately 180
additional spaces available to the general public during the work week.
The Temecula Redevelopment Agency has conducted parking surveys every
three weeks from February 2005 to the present on Thursday and Saturday
afternoons at approximately 2:00 to 3:00 pm and Saturday evenings at
approximately 10:00 pm. These surveys cover a broad range of parking demand
times and seasons. The surveys indicate that the parking demand has rarely
exceeded fifty percent (50%) of the 1305 available public and private parking
spaces in Old Town. On nights and weekends when parking demand for
entertainment and restaurants in Old Town is highest, an additional 480 spaces
will be available for the public within a reasonable walking distance from all
locations in Old Town. This will be a 36.7 percent increase over the existing total
number of private and public parking spaces currently in Old Town.
Although the City Council has authorized a comprehensive parking study for Old
Town in order to identify additional parking demand for the Old Town District in
the future, the demand created by this particular project will be fully met by the
Project's construction of 480 parking spaces. The Civic Center uses proposed
by this Project will reduce the parking demands by three-hundred forty percent
(340%) from those other retail uses which are permitted by the applicable zoning
designation of Old Town SpeCific Plan (SP-5)/Tourist Retail Core. Therefore,
the proposed Project not only takes care of its own parking needs, but makes a
substantial contribution to additional parking in the Old Town Area. No further
mitigation measures are required.
Response 1-5
The proposed project is consistent with the Old Town Specific Plan and the City
of Temecula General Plan. Significant components of the project are the
improvements to Main and Mercedes Streets which will permit these streets to
accommodate the anticipated additional vehicle trips. Furthermore, a total of
nine Mitigation Measures have been required to reduce impacts. The proposed
uses of the Project were included in the 2005 Revisions to the General Plan and
the impacts studied in the EIR for the 2005 General Plan. See Response No. 1-
4. No further mitigation is required.
Response 1-6
The proposed project is consistent with Section III.B.2.b. of the Old Town
Specific Plan and the City of Temecula General Plan. The proposed project is
consistent with the Old Town Specific Plan, which discusses locating the Civic
R:lpappelCivic Centel\Civic Center Response to Comment Letter 1.doc
2
Center in Old Town (OTC District) which was evaluated in the Specific Plan
Environmental Impact Report. The proposed project has been anticipated and
has been evaluated by the City Traffic Engineer with expert knowledge of traffic
conditions in Old Town and the City of Temecula. The 2% growth rate is based
on actual data and it is the City Traffic Engineer's experience that a continued
annual growth rate of 2% per year is reasonable.
Response 1-7
Future development projects within Old Town will be Infill Development Projects
that will be considered on an individual basis. The impacts of the future projects
allowed by the Specific Plan and the 2005 Revisions to the General Plan have
been identified and analyzed in the EIRs for those documents.
Response 1-8
The proposed project is consistent with the Old Town Specific Plan and the City
of Temecula General Plan. With the exception of the intersection of Rancho
California Road and Old Town Front Street, the initial study generally states that
with the project all intersections will operate at Level of Service D or better during
AM and PM peak hours, which meets the General Plan goals and objectives. The
initial study goes on to state that "The analysis concluded that with the
implementation of the recommended improvements, all study area intersections
are projected to improve to Level of Service D or better during Project Build-out
(Year 2010) with project peak hour conditions." Therefore, with the
implementation of the nine proposed traffic Mitigation Measures, all intersections
will operate at Level of Service D or better at all times. Level of Service D is
consistent with the requirements of the General Plan
Response 1-9
As the parking structure will not be a traffic generator, the parking structure will
not increase the number of vehicular trips or create a need for additional parking.
The parking structure will provide 480 additional spaces for Old Town, more than
one-third more than currently exist.
Response 1-10
Please see Response No. 1-7. The proposed project is consistent with Section
III.B.2.b. of the Old Town Specific Plan and the City of Temecula General Plan.
The proposed project is consistent with the Old Town Specific Plan, which
discusses locating the Civic Center in Old Town (OTC District) which was
evaluated in the Specific Plan Environmental Impact Report. It is clear that there
has been an intent since the Old Town Specific Plan was adopted, to locate the
Civic Center in the Old Town District. The 2005 Comprehensive General Plan
Update and the 2004 and 2006 Amendments to the Old Town Specific Plan have
R:lpappelCivic Centel\Civic Center Response to Comment Letter 1.doc
3
taken into consideration. the potential circulation and parking impacts of multi-
story buildings in Old Town with 100% to 300% Floor Area Ratios.
The land use impacts have been fully analyzed and addressed in the General
Plan EIR and the Old Town Specific Plan EIR. The statute of limitations to
comment on these land use policy decisions has long since expired. The
General Plan EIR assumes that land will be developed to its highest and best
use and, therefore, the potential impacts related to "tag along" development have
already been analyzed in the General Plan EIR. The General Plan Circulation
Element specifically targets parking in Old Town with the following Policy 7.2:
"Provide additional parking in the Old Town area where feasible through common
parking areas or establishment of a parking district." Policy 7.3 goes on to state:
"Encourage underground parking or parking structures where economically
feasible in commercial areas."
Upon completion of Phase I of the project, a 480 space parking structure will be
available to the general public in Old Town. Upon completion of Phase 2 of the
project, the Civic Center including a new City Hall, City Council Chambers and
retail/office space will have a demand of approximately 300 spaces, leaving
approximately 180 spaces available to the general public during daily work hours.
Upon completion of Phase 3 of the Project, approximately 473 parking spaces
will be utilized by the Civic Center employees, visitors and patrons of the Civic
Plaza area and associated retail/office space, leaving approximately seven
spaces left for the general public during regular business hours. During the
evening and weekend peak demand periods, all 480 spaces will be available to
the general public.
The Redevelopment Agency parking surveys indicate that current parking is
being utilized at approximately fifty percent (50%) of existing capacity and the
Civic Center Project will add more than one-third additional capacity. Therefore,
the resulting impacts of this Project and future "tag along" projects will be less
than significant.
Response 1-11 and 1-12
Please see Response no. 1-4.
Response 1-13
The proposed project is consistent with the Old Town Specific Plan and the City
of Temecula General Plan. The General Plan Circulation Element identifies the
planned roadway classifications, cross-sections and planned capacities. The
Public Works Department maintains standard drawings based on the road
segment classifications identified in the General Plan.
R:lpappelCivlc Centel\Civic Center Response to Comment Letter 1.doc
4
Response 1-14
Please see response No. 1-4.
Response 1-15
The proposed project is consistent with the Old Town Specific Plan and the City
of Temecula General Plan. Infrastructure improvements such as widening,
striping, sidewalks, curb and gutter, and stop signs are proposed and will be
constructed per the City of Temecula Standard drawings. The City Standard
Drawings take into consideration safety concerns for pedestrians and "line of
sight" for vehicles, and comply with Federal and State mandated requirements to
make reasonable accommodation for persons with disabilities. See Response
No.1-4.
Response 1-16
The 2005 Comprehensive General Plan Update projects and accounts for growth
in the Old Town Area. Unless the General Plan for Old Town is revised, the
analysis set forth in the Initial Study continues to be accurate and valid. The first
phase of the project will be the construction of a 480 space parking structure,
which will be open to the public as well as future Civic Center employees. The
parking structure will be constructed and available to the general public which will
increase available parking in Old Town by one-third and accommodate any
parking needs arising from the Civic Center portion of the Project whenever it is
built. See Response No. 1-4.
Response 1-17
The proposed project is consistent with the Old Town Specific Plan and the City
of Temecula General Plan. See Response No. 1-4. The conclusions contained
in the Initial Study regarding compliance with the Riverside County Congestion
Management Plan (CMP) are based on the City of Temecula General Plan EIR
and the Traffic Study prepared for this project. The CMP applies only to specific
designated routes that are not in the vicinity of the Old Town Civic Center
Project.
Response 1-18
Please see previous Response Nos. 1-4, 1-7, 1-8, and 1-17.
Response 1-19
The proposed project is consistent with the Old Town Specific Plan and the City
of Temecula General Plan. Please see previous comment No. 1-4.
R:lpappelCivlc Centel\Civlc Center Response to Comment Letter 1.doc
5
Response 1-20
The proposed project is consistent with the Old Town Specific Plan and the City
of T emecula General Plan. See Response No. 1-4. Transit facilities already exist
at Sixth Street and Old Town Front Street. In addition, the City of Temecula
welcomes opportunities for alternative transportation. The Initial Study was
routed to the Riverside Transit Agency for their comments on the proposed
project. As site plans are refined, these will also be forwarded to the RTA for
review and comment.
Response 1-21
The proposed project is consistent with the Old Town Specific Plan and the City
of Temecula General Plan. See Response No. 1-4. The proposed Mitigation
Measures will result in impacts that are less than significant.
Response 1-22 and Response 1-23
The proposed project is consistent with the Old Town Specific Plan and the City
of Temecula General Plan. The infrastructure for this project will be improved
and/or constructed prior to or concurrent with the proposed Civic Center. Please
see previous Response Nos. 1-3, 1-4, 1-5, 1-8, 1-15, and 1-16.
Response 1-24
The relocation of the Escallier House does not diminish the local historical
importance or the integrity of the structures. The City Council has committed to
expend feasible resources necessary to keep the relocated structures in Old
Town in order to protect the historical importance of the structures either off-site
or on another portion of the project site.
Response 1-25
A Mitigation Monitoring and Reporting Program has been prepared based on the
Mitigation Measures contained in the Initial Study, and is available for review at
City Hall and will be adopted with the approval of the project. The proposed
Mitigation Monitoring and Reporting Program adequately mitigate the issues
identified in the Initial Study to a level that is less than significant.
Response 1-26, Response 1-27, and Response 1-28
The proposed project is consistent with the Old Town Specific Plan and the City
of Temecula General Plan. The infrastructure for this project will be improved
and/or constructed prior to or concurrent with the proposed Civic Center. The
Project will provide substantial additional parking for Old Town and is consistent
R:lpappelCivic Centel\Civic Center Response to Comment leiter 1.doc
6
with the Old Town Specific Plan and the 2005 Revisions to the General Plan.
Please see Response Nos. 1-3, 1-4, 1-5, 1-8, 1-15, and 1-16.
R:lpappelCivic Centel\Civlc Center Response to Comment Letter 1.doc
7
",
MUEHLE 8 WHITMAN
. ATTORNEYS AT LAW
WI~SHIRC: PAC''''IC PLAZA
MAURICE: L. MUEHLE.
SCOTT L. WHITMAN
'2301 W'LSH'RIt BOULEVAAD. SUITe; 318
ARe:A COOt; 310
TELE,PHONI!: 477.5577
TE:Lt:COPIER 820...()116
LOS ^NGELES. CAUfOR.NI^ 90025-tOO7
June 20, 2006
VIA FAX TO (951) 694-6477
AND \IlA EMAIL TO:
[DAlE.WEST@cnYOFTEMECULA.ORO]
[STEVE.BR~@cnYOFTEMECULA.ORG]
[EMERY.PAPP@cnYOFTEMECULA.ORG]
Dale West
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Proiect:
City of Temecula Civic Center and Mercedes
Street Enhancements
Based Upon initial Study Adopt a Mitigated Nega.
tive Declaration
Environmental Action: The City of Temecula Intends to adopt aMiligated.
Negative Declaration for said Project
ProDOsal:
Mr. Dale West
On behalf of our client, First and Front, we oppose the adoption of a Mitigated
Negative Declaration and in support of said position do hereby submit the within
commerits on the Initial Environmental Study ("Initial Study" herein) as it relates
to the Project . ,
The section numbers refer to the numbers used in the Initial Study.
Section 12a - Would the Project induce substantial population growth in an
area, either directly or indirectly?
Comments:
The position of the Initial Study that the Project will not impact, nor induce, sub-
stantial poPl,llation growth is at best a statement without any substantial support.
Several factors and considerable evidence support a contrary view.
This Project will significantly impact the growth in this area throl,lgh the extension
of roads and ofher infrastructure. The Project will stimulate those businesses
and persons who do business In .the City to locate nearby as a convenience. 'The
"No Impact" position of the Initial Study is a denial of the pending infrastructure
now needed in anticipation of the Civic Center and the waiver of the parking re-
. .
_____h~_....._ ________..._____"______...______"_______.__..._______""."____"_~_"__. "~_""~.._."_"..
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MUEHLE S WHITMAN
ATTORNE.YS AT LAW
Dale West
City of Temecula
June 20, 2006 .
Page 2
quirement for the TRC land use; especially in light of the increased size of the
TRC land use and the surge of commercial and mixed use Projects coming to 1-2
Old Town. The Old Town Specific Plan has stimulated rapid commercial devel-
opment, which will result in population growth. And, finally, KMA opined that the
Civic Center be located in Old Town to stimulate growth and interest
The evidence (or lack of evidence) supporting the Initial Study view point is sim-
ply not credible and it flies in the face of substantial contrary evidence. The cor- 1-.3
lective Weight of the evidence establishes that the Project might have significant
adverse "growth-inducing" effect.
Section 13e - Would the Project result in substantial adverse physical im-
. pacts associated with new or physical/y altered governmental facilities,
need for new or physically altered governmental facilities, the construction
of which could cause slgnfflcant environmenta/lmpacts, In order to main-
taIn acceptable sel'Vice rat/os, response times or other perfonnance of pub-
lic services: Other public faeint/es.
Comments:
The position of the Initial Study: "The proposed project includes a large centrally
located public space, park like' component The project win not require additional
park amenities or result in impacts .that would affect perfonnance objectives for
parks within the City or for other public facilities. No impacts are anticipated
as a result of the Project"
"Other'public facilities" include public parking facilities and public on-street park_
.ing. The impact of the Project upon these other public parking facilities is poten- 1-4
tially significant unless mitigation measures are adopted. However, the Initial
Study does not propose any mitigation measures. .
The City intends to retain outside experts to perform a parking study for Old
Town. Even though the CivIc Center parking structure is designed mostly to ac-
commodate parking at and around the' new City Hall; nevertheless, public parking
. issues for the rest of Old Town must also be considered. The parking study
should be completed before the Civic Center Plan is adopted.
Sections 15a - Would the Project result in inadequate parking capacity?
Comments:
. The Initial Study admits that the Project will cause a significant increase in traffic
which is substantial in relation to the existing traffic load and the capacity of the
street system. The Initial Study therefore advises the City to implement nine . 1-5
. Mitigation Measures prior to occupancy of the Civic Center. The Initial Study re-
lies upon the revised traffic study of RK Engineering Group, Inc.
Ur Comments re Dale west Inft study
--_..__._._---_.._~.._----_._----_._-_.~.-...-_._-_._-----..._---_.._------:--.~----------_._.__.-
The RK Engineering Study, however, projects annual growth of only two (2%)
pencent per year, which translates to eight (8%) in the four year period prior to
builcklut. The estimate is based solely upon the recommendation of the City's
Traffic Engineer. No other analysis or reason is given. So the RK Study relies
on the unsubstantiated opinion of the City's Traffic Engineer, which does not
constJ1ute substantial evidence.
The RK Engineering Study also states that no other development was Identified I 1-7
by City staff within the project study area .
The Project will cause increase in traffic which Is substantial and which will be
below level of acceptable service as per General Plan.
The RK Engineering Report points out that the intersection of Old Town Front
Street at Rancho Califomia Road is currently operating at unacceptable levels of
service. .
The RK Engineering Report points out ihat the intersection of Old Town Front
Street at 2d Street (EW) will operate below acceptable levels of service in 2010
given the predicted eight (8%) growth rate if mitigation measures are not taken.
. Further the RKEngineering Report neglects to take into account the effect of a
480 space parking garage upon parking. The garage is never mentioned in said
report.
. Further the RK Engine.ering Report does not fully consider the effect of the ''tag
along" growth that will follow the construction of the Civic Center. Said Report,
while specific, fails to address the ancillary traffic and parking problems that will
. be created for those uses which will be built in addition to the Civic Center as well 1-1 0
. as the momentum of 100% to 300"" building coverages now taking place as it
relates to the TRC zoning that does not require on-site parking. The CJ1izens
have right to insist that the City provide adequate public parking.
In addition, the parking structure may serve the City Hall and the commer - I
ciaUoffice space in the Civic Center Project but it will not serve the other areas of. . 1-11
Old Town.
There is no parking study for all of Old Town. But one has been ordered by the
City. The City should wait until said parking sludy is completed before it pro-
ceeds with the Civic Center Plan. The City should also make a commitment not
to diminish or remove any existing public parking facilities?
The Mitigation Measure underT1d provides: ''Complete the internal circulation
system and parking per the City of Temecufa standards." Said Mitigation Meas-
ure is vague 'and ambiguous and it is not shown how or' in what manner it will
MUEHLE S WHITMAN
ATTORNEYS AT LAW
Dale West
City of Temecula
June 20, 2006
Page 3
Ur Comments re Dale West 'n~ Study
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MUEHLE S WHITMAN
ATTORNEYS AT LAW
. Dale West
City of Temecula
June 20, 2006
Page 4
have an ameliorating effect upon traffic. Nor is it shown what needs to be done 1-13
to complete an internal circulation system.
Old Town is a compressed area, a freeway to the east and a aeek and hillside to
the west Many multi-slory buildings are now uncler construction and planned in . 1-14
the future, and these structures will Impact the parking issues in Old Town; but,
. their effect on parking is not considered in the RK Engineering Report
Since the primary purpose of the Old Town Specific Plan was to create a dy-
namic Old Town commercial and residential area, it is important that public infra-
structure lead the way.
The Civic Center Project and the .tag along" development will encourage pedes-
trian traffic, but no health or safety proVisions are proposed to insure that the
public will be protected as a result of the Increased traffic in Old Town. 1-15
The proposed development of Mercedes Street and the anticipated usage of the
street to serve as ingress and egress to the Civic Center as well as providing on-
street parking necessitates that safety proVisions .be implemented to ensure the
. safety of foot traffic to and from the Civic Center as well as to ensure the safety
of the public regarding ingress and egress to and from the parked vehides on
Mercedes Street and all other streets in Old Town, specifically in light of the an-
ticipated trip counts. But no such safety provisions are proposed. And no ADA
measures have been required.
The mitigation measures relate to occupancy of Civic Center but do not give a
finn date for said occupancy which could conceivably be later than 2010 -thus
causing the City to be faced with greater parking issues by reason of more time 1.; 16
passing and greater growth occurring. The M'rtigation Measures lack a specific
time for them to be implemented and/or created.
Section 15b - Would the Project exceed, either individually or cumulatively,
a level of service standard estabOshed by the County congestion manage-
ment agency for des~gnated roads or hIghways?
. Comments:
The Initial Study takes the position that the Project will not cause the level of ser-
vice on any roadway identified on the Riverside County Congestion Plan to fall
below the level of service standard mandated by the County and that a less than .1-1.. 7..
significant impact upon such a level of service is anticipated as a result of the
Project.
The position of the Initial Study constitutes unsubstantiated opinion or narrative
ai1dtherefore has not risen to the level of'substantial evidence. which is required
to support such a position.
UrComments re Dale west lnil Study
-.-------_._.___.___.____._____._._~_.__.._.____..h_._
KMA opines that the Project will stimulate 'tag along" development, increase traf-
. fie and accelerate the need for public parking facilities. The Initial Study simply
faBs to address the anticipated growth of Old Town.
Staff erroneously contands that the Project will not lower the level of service on
any roadway on the Riverside County Congestion Plan to less than acceptable
and that a less than signmcant impact is anticipated as a result of this Project.
. The StaJfs position is not supported by any evidence and constiMes pure specu-
lation and therefore must be disregarded.
SectIon 15f - Would the project result In inadequate parking capacity?
. Comments:
. The Initial Study pooition is that the Project will not result in inadequate parking
capacity.
At present, the position of the Initial Study is not supported by evidence that is
credible. And, the conclusion of the Initial Study is site specific and does not take
. intO account the parking needs of Old Town as' a whole.
The City has ordered an outside parkln{j study. Good business practices dictate
that the study be completed before the Project is commenced. Otherwise, the
'City will not realize the full benefit of the parking study.
Section 150 - Would the Project conflict with adopted policies, plans, or.
programs supporting alternative transportation?
Comments:
The position of the Initial Study is that the Project will not conflict with any
adopted pofJCies, plans or programs that support altemative transportation.
The reality of the situation Is that the position of the Initial Study is speculative
and does not take into account ind'lfect or secondary effects that include growth-
inducing effects and other effects related to induced changes in the pattem of
land use, 'population density, or growth rate.
Sections 17b & 17c - Mandatory flndlngs of slgn/ncance. Would t[le Pro-
ject have Impacts that are indlv1c/ually limited but cumulatively conslder-
. able? Does the Project have environmental effects whiCh wIll cause ad-
vetSe effects on human beings either directly or IndIrectly?
Comments:
The position of the Initial Study is that the cumulative impacts of the Project are . ,. .1.. _. 21
less than significant. And, that the Project has Jess than significant environ-
MUEHLE S WHITMAN
ATTORNEYS AT LAW
Dale West
City of Temecula
June 20, 2006
. Page 5
. Ur CoI,...etIls. re Dale west lnit Study
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1-20
MUEHLE 8 WHITMAN
ATTORNEYS AT .LAW
Dale West
City of Temecula
June 20, 2006
Page 6
.mental effects which would cause substantial adverse effects upon human be-
ings.
.Cumulative impacts" refers to two or more individual.effects which, when con-
sidered together, are considerable or which compound or increase other envi-
ronmental impacts. (Administrative Code 15355) .
All of the cumulative effects of the Civic Center Plan should be determined and
analyzed so that all the traffic and parking needs will be adequately planned prior
to development of the Civic Center. The Council has on many occasions
stressed the need for adequate infrastructure prior to development. Old Town
should not constitute an exception to this policy: The infrastructure should serve
to compliment the development and in that manner the City will not be faced with
the job of patching up inadequ~e undersized infrastructure at a later date. If in-
frastructure (specifically traffic and parking needs) is not ahead of current devel-
opment and not in place to meet the anticipated development as a result of the
CMc Center Project, then Old Town will suffer from some of the same ailments of
traffic congestion and inadequate pubrlC parking.
Underestimating the needs for Old Town will result in inadequate or ineffective
infrastructure. The City has the lead role in imp/~ng the Old Town Specific
Plan and avoiding traffic and parking problems by creating and implementing the
necessary public infrastrUcture. All of Old Town needs to be addressed
Again the lack of a Comprehensive public parking system/plan as well as a plan
to accommodate the traffic and parking for "this" Project as well as all the current
Projects, and those "tag along" Projects which will follow could result in wishing
that the City had more thoroughly planned for the traffIC and parking issues.
Section 5a - Would the. Project cause a substantial adverse change in the
. significance of an historical resource as defined In Section 15064.51
The moving of the Escallier House to an area in vicinity of Old Town constitutes
an adverse change in significance of a historical resource. Substantial evidence
supports a fair argument that Escallier House is an historic resource and that
moving it to a new site, especially one that is outside of Old Town, will have sig-
nificant environmental impact, and that the proposed mitigation measure (moving
intact or by pieces to a place within the vicinity of old town) is inadequate. The
Initial Study admits that Escallier House is a historic structure that is identified in
on the Temecula Local Historic Register. The old west theme enhanced by his-
toric resources is at the very heart of Old Town. Moving EscaIlier House to a lo-
cation "within the vicinity of Old Town" means that it could be moved out of Old
Town. In any event such a move would rob Old Town of having Escallier House
. remain on its original site. That is a substantial adverse change, and the impact
is significant. Consider the impact of moving the Statue of Uberty from its pre- .
UrCon.,","fs re Dale west In~ S1udy
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MUEHLE S WHITMAN
A.TTORNE.YS AT ~w
Dale West
City ofTemecula
June 20, 2006
Page 7
sent site to some place in New Jersey. Adverse? There should be no dOubt.
Moving an historic resource out of Old Town is the equivalent of demolishing it 1-24
because it will no longer exist in Old Town.
CONCLUSION
Substantial evidence exists, In-Iight of the whole record, that the Project may
have a significant impact upon the environment
There is no proof that the proposed Mitigating Measures will result in ameliorat-
ing ronditions to acceptab/e levels. Nar does the Initial Study provide any moni- 1-25
taring program, which is a CEQA requirement When a project is approved
based on a Mitigated Negative Declaration, the lead agency must adopt a report-
ing and monitoring progrem for the changes made to the Project or the conditions
of approval that were adopted to avoid significant effects upon the environment.
We remind the Council that there are many traffic, congestion and parking issues
in the area surrounding Old Town. Many of the Interstate 15 "on and off-ramps"
. do not meet the essential needs of the citizens of Temecula. Existing traffic con-
. gestion has produced flfe-threatening conditions. Many of the arterial roadways, 1-26
. intersections and traffic patterns do not adequately serve the existing population.
We should leam from our experience. We urge the Council to move cautiously
and carefully so that it neither exacerbates existing problems nor extends them
into Old Town.
The rapid development in Old Town, in light of the waiver of the on-site parking
requirement and expansion of land use designations that pennit multi-story
commerdallmixed use buDomgs on srnalllots with no parking, mandates that the
Council consider the significant effect on all of Old Town of what it does, not just
the effect upon the immediate site of the Civic Center. . 1-27
When a Project Involves construction, as is the case before the Council, it neces-
sarDy must be more detailed in specific effects of the Project than would be re-
quired for the adoption of a local general plan because the effects of construction
can be predicted with greater accuracy. The required detail in the Initial Study is
missing. .
We urge the Council to make sure that it does not adopt a plan that will create a
botUeneck of traffic and parking congestion to and from Old Town.
The Initial Study is site specific. It completely ignores the cumulative effects that 1-28
the Civic Center will have for all of Old Town and the surrounding area. AMiti-
gated Negative Declaration is improper under the circumstances.
Ur Commenls re Dale west lnit Study .
. .
MUEHLE S WHITMAN
ATTORNEYS AT LAW
Dale West
City of Temecula
June 20, 2006
Page 8
So as to ensure the best results and for the reasons set forth in Olir comments, I
we respectfully request that the City Council refrain from adopting a Mitigated . 1-28
Negative Declaration based upon the Initial Study.
Respectfully presented,
~(; Z~~
Maurice L. Muehle for
Muehle & Whitman,
Counsel to First & Front
cc: Council Members
. Neil Cleveland
Roger Epperson
MLM:dbw
encl.
Ltr Commenls Ie Dale West Inl SllJdy
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STATE OF CALIFORNIA
Governor's Office of Planning and Research
State Clearinghouse and Planning Unit
~.fP~
f~)
\.~~/
Sean WllIsh
Director
Arnold SchwlllZenegger
Governor
looe 16, 2006
Dale West
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
n "17'-'
~ .r<'? ~c.;,l" ~c":; I \\J I/O
D~'''-- -' ,. t.....
. H_,.. . hrt....... \1 ..._N
- ..' ~ ~ ~....... .
.l! JUN 21 2006
By . D "",,':)r"rJ~~'t'~
P1L!1~mI1g e~~,~lllc;,,1'
Subject: City of Temecula Civic Center
SCH#: 2006051091
Dear Dale West:
The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for
review. The review period closed on looe 15, 2006, and no state agencies submitted conunents by that
date. This letter acknowledges that you have complied with the State Clearinghouse review requirements
for draft environmental documents, pursuant to the California Environmental Quality Act.
Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the
environmental review process. If you have a queslion about the above-named project, please refer to the
ten-digit State Clearinghouse number when contacting this office.
Sincerely,
~ ~~u::-
Terry Rof:.rts
Director, State Clearinghouse
1400 TENTH STllEET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044
TEL (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov
SCH#
Project Title
Lead Agency
Document Details Report
State Clearinghouse Data Base
2006051091
City of Temecula Civic Center
Temecula, City of
Type
Description
Neg Negative Declaration
The Civic Center project is comprised of three major components that will be constructed in phases on
a 6.75 acre site at the comer of Mercedes Street and Main Street. Phase one will be the construction
of a multiple level parking structure that will accomodate, as a maximum of 480 vehicles and
approximately 12,000 square feet of office space, the construction of a Civic Plaza on not more than
one acre and improvements to 1 ,800 feet to both sides of Mercedes Street (intersections and
streetscape). The second phase will be the construction of a 93,500 square foot City Hall and Civic
Center. A final phase will be the construction (by others) of approximately 52.000 square feet of retail
office space.
Lead Agency Contact
Name Dale West
Agency City ofTemecula
Phone (951) 694-6400
emall
Address
City
Fax
43200 Business Park Drive
Temecula
State CA Zip 92590
Project Location
County Riverside
City T emecula
Region
Cross Streets
Parcel No.
Township
Mercedes Street and Main Street, Old Town Temecula
922-035-015, 020thru022; 922-034-o28thru034; 922-041-o08thru014; 922-042-004,019,026,027.....
Range Section Base
Proximity to:
Highways 1-15
Airports
Railways
Waterways
Schools
Land Use
Murrieta Creek, T emecula Creek
11 schools
PLU: Community Commercial
z: Specific Plan, Tourist Retail Center
GPU: Community Commercial
Project Issues
AestheticlVisual; Air Quality; Archaeologic-Hlstoric; Drainage/Absorption; Flood Plain/Flooding; Forest
Land/Fire Hazard; Geologic/Seismic; Minerals; Noise; Population/Housing Balance; Public Services;
Recreation/Parks; Schools/Universities; Septic System; Sewer Capacity; Soil
Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water
Quality; Water Supply; Wetland/Riparian; Wildlife; Growth Inducing; Landuse; Cumulative Effects;
Other Issues
Reviewing
Agencies
Resources Agency; Department of Fish and Game, Region 6; Office of Historic Preservation;
Department of Parks and Recreation; Department of Water Resources; California Highway Patrol;
Caltrans, District 8; Department of Health Services; Regional Water Quality. Control Board, Region 9;
Native American Heritage Commission
Date Received 05/17/2006
Start 01 Review 05/17/2006
End of Review 06/15/2006
Note: Blanks in data fields result from insufficient information provided by lead agency.
RESOLUTION NO. 2006-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADOPTING THE MITIGATED NEGATIVE
DECLARATION FOR THE OLD TOWN CIVIC CENTER
MASTER PLAN
THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY
RESOLVES AS FOLLOWS:
"
Section 1. Procedural Historv. The City Council of the City of Temecula does
hereby find, determine and declare that:
A. On May 11, 2004, the City Council directed the staff to pursue the
development of a master plan for a civic center complex in Old Town that would include
parking facilities, open space/public square and a city hall. The City entered into an
agreement with the architectural firm of Nichols Melburg and Rossetto in December
2004 to begin the master planing process.
B. The Civic Center Master Plan is specifically described in the Initial
Study and is comprised of three major components that will be constructed in phases on
a 6.75-acre site at the corner of Mercedes Street and Main Street. Phase one will be
the construction of a multiple level parking structure that will accommodate, at a
maximum of 480 vehicles and approximately 12,000 square feet of office space, the
construction of a civic plaza on not more than one acre and improvements to 1,800 feet
to both sides of Mercedes Street (intersections, streetscape and undergrounding of
utilities). The second phase will be the construction of a 93,500 square foot city hall and
civic center. A final phase will be the construction (by others) of approximately 52,000
square feet of retail office space. The retail component is purposely overstated to
account for the maximum potential impacts of the project. A portion (approximately
50%) of the retail component is more likely to accommodate office type uses.
C. On June 27, 2006, the City Council held a duly noticed public
hearing on the Mitigated Negative Declaration regarding the Negative Declaration,
Mitigation Monitoring Plan and the Civic Center Master Plan at which time all persons
interested in the Mitigated Negative Declaration, Mitigation Monitoring Program and
Civic Center Master Plan had the opportunity to and did address the City Council on
these matters.
Section 2. Environmental Findinas. The City Council hereby makes the
following environmental findings and determinations in connection with the approval of
the Development Agreement (the "Project"):
A. Pursuant to California Environmental Quality Act ("CEQA") and the
City's local CEQA Guidelines, City staff prepared an Initial Study of the potential
environmental effects of the approval of the Civic Center Master Plan as described in
the Initial Study (the "Project"). Based upon the findings contained in that Study, City
staff determined that there was no substantial evidence that the Project could have a
R:IBROWNSIOT Civic Centerlstaff reportslSupplemental ~eso 062706.DOC
.. ,
significant effect on the environment and a Mitigated Negative Declaration was
prepared.
B. Thereafter, City staff provided public notice of the public comment
period and of the intent to adopt the Mitigated Negative Declaration as required by law.
The public comment period commenced on May 20, 2006 and expired on June 20,
2006. Copies of the documents have been available for public review and inspection at
the offices of the Department of Community Development, located at City Hall, 43200
Business Park Drive, Temecula, California 92590.
C. One written comment was received prior to the public hearing and a
response to all of the comments made therein was prepared, submitted to the Council
and incorporated into the administrative record of the proceedings.
D. The City Council has reviewed the Mitigated Negative Declaration
and all comments received regarding the Negative Declaration prior to and at the June
27,2006 public hearing, and based on the whole record before it, finds that: (1) the
Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial
evidence that the Project will have a significant effect on the environment; and (3) the
Negative Declaration reflects the independent judgment and analysis of the City
Council.
Section 3. Based on the findings set forth in this Resolution, the City Council
hereby adopts the Mitigated Negative Declaration prepared for the Project. The
Director of Community Development is authorized and directed to file a Notice of
Determination in accordance with CEQA.
Section 4. The City Clerk of the City of Temecula shall certify to the passage
and adoption of this Resolution.
R:\BROWNS\OT Civic Cente""taff reports\Supplemental ~ 062706.DOC
~. \. '
/
Section 1. PASSED, APPROVED AND ADOPTED by the City Council City of
Temecula on this 27th day of June 2006.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the
forgoing Resolution No. 06- was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 27th day, of June 2006, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
R:IBROWNSIOT Civic Center\staff reportslSupplemental ~so 062706.DOC
I~-- .
,
II
ITEM NO. 31
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
~
/JIL
9C
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Herman D. Parker, Director of Community Services
DATE:
June 27, 2006
SUBJECT:
Cable Television Franchise Agreement with Verizon California, Inc.
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION:
That the City Council:
1. Conduct a public hearing to gather public input on the proposed cable franchise
agreement between the City and Verizon California, Inc. ("Franchise Agreement") and to consider
the impacts of the proposed Franchise Agreement, as required by California Government Code !l
53066.3, 47 U.S.C. !l 541 (a), and other applicable provisions of law, as well as any applicable
provisions of existing franchises.
2. Consider this staff report that sets forth an analysis, conclusions, and
recommendations concerning each of the factors setforth in California Government Code !l53066.3,
47 U.S.C. !l 541 (a), and other applicable provisions of law, as well as any applicable provisions of
existing franchises, and recommends that the City Council approve the proposed Franchise
Agreement.
3.
Adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULAAPPROVING AND AUTHORIZING THE EXECUTION
OF A NONEXCLUSIVE CABLE FRANCHISE AGREEMENT
BETWEEN THE CITY AND VERIZON CALIFORNIA, INC.
BACKGROUND: In 1989, the County of Riverside granted a non-exclusive cable
television franchise agreement to Inland Valley Cablevision, a predecessor in interest to Adelphia
Communications Corporation ("Adelphia"), the City's incumbent franchised cable operator. The
initial term of that franchise agreement expired on January 9, 2004, but the City Council has
extended the franchise on a month-to-month basis pending the completion of a transfer transaction
between Adelphia, Comcast and Time Warner.
Verizon California, Inc. ("Verizon") is the primary provider of residential telephone service within the
City. As part of Verizon's fiber-optic upgrade to that system, it will now have the capacity to provide
cable television service. Before providing this service, however, Verizon must obtain a cable
television franchise from the City.
Verizon has requested a nonexclusive franchise agreement to operate a cable system and to
provide cable television service in the City. Over the past several months, Verizon representatives
and City staff have negotiated the provisions of the proposed Franchise Agreement to be
considered by the Council.
Notice of public hearing before the City Council to consider the proposed Franchise Agreement was
duly published in The Californian on June 12, 2006 and June 19, 2006, in accordance with
California Government Code SS 6066 and 53066.3(a)-(d). A copy of the proposed Franchise
Agreement has been available for inspection at City Hall since June 12, 2006.
Verizon is currently in the process of upgrading its existing telecommunications facilities in the City
by installing a state-of-the-art Fiber-to-the-Premises Telecommunications Network ("FTTP
Network"). The FTTP Network will utilize fiber-optic cables and associated optical electronics instead
of copper wire to connect customers to the Verizon network. The FTTP Network will use laser-
generated pulses of light to transmit voice, data and video signals via the fiber at speeds and
capacities far exceeding today's copper-cable systems.
Among the services that Verizon's FTTP Network will be able to provide is cable television service.
Verizon has, therefore, applied for a cable franchise from the City to use the FTTP Network to
provide cable service to Temecula residents in competition with the incumbent cable operator under
the terms and conditions of the proposed Franchise Agreement.
Federal and state law set forth requirements with respect to granting an additional cable franchise.
The Federal Communications Act requires that the City "assure that access to cable service is not
denied to any group of potential residential cable subscribers because of the income of the residents
of the local area in which such group resides" and sets forth certain provisions which shall or may be
included in a franchise. California Government Code S 53066.3 requires that the City conduct a
public hearing to identify the impacts on the community of granting an additional cable franchise and
that the City Council consider certain enumerated criteria in making its determination of whether to
grant an additional franchise.
Staff has examined each of the legal requirements for Council approval of the proposed cable
franchise agreement, as well as any applicable provisions of the existing franchise with the
incumbent cable operator. Based upon the information and representations set forth by Verizon,
other evidence presented to staff and staff's own investigation, staff believes that the proposed
Franchise Agreement meets all of the legal requirements for City Council approval. Staff therefore
recommends that the City Council approve the proposed Franchise Agreement and authorize and
direct the Mayor to execute the proposed Franchise Agreement.
Analvsis of orooosed Franchise Aareement:
Verizon is installing its FTTP Network as a common carrier pursuant to Title II of the
Communications Act, and in accordance with its Certificate of Public Convenience and Necessity
issued by the California Public Utilities Commission, Section 7901 of the California Public Utilities
Code, and General Administrative Order 95. Verizon seeks to provide cable service to Temecula
residents in competition with the existing cable operator serving the City, under the terms and
conditions of the proposed Franchise Agreement. Verizon will provide the cable service over its
FTTP Network, along with voice and high-speed data services.
The City Council may approve a franchise agreement subsequent to a public hearing to consider
such a grant of franchise. In reviewing the request and making a determination of whether to
approve the proposed Franchise Agreement, the City Council must make itslecision based upon
the documents and testimony received at the hearing and the record as a whole. In addition,
California Government Code !l 53066.3(a) specifically requires the City Council to consider certain
criteria in determining whether to grant an additional cable franchise. These criteria are:
D Whether there will be significant positive or negative impacts on the community being
served.
D Whether there will be an unreasonable adverse economic or aesthetic impact upon public or
private property within the area.
D Whether there will be an unreasonable disruption or inconvenience to existing users, or any
adverse effect on future use of utility poles, public easements, and the public rights-or-way
contrary to the intent of Section 767.5 or the California Public Utilities Code.
D Whether the franchise applicant has the technical and financial ability to perform.
D Whether there is any impact on the franchising authority's interest in having universal cable
service.
D Whether other societal interests generally considered by franchising authorities will be met.
D Whether the operation of an additional cable system in the community is economically
feasible.
D Such other additional matters, both procedural and substantive, as the franchising authority
may determine to be relevant.
In addition, California Government Code!l 53066.3(d) and the Communications Act contain certain
nondiscrimination requirements relating to the grant of the franchise. California Government Code!l
53066.3(d) also requires that the proposed cable franchise contain the same public, educational,
and governmental access requirements that are set forth in the existing franchise.
Maior Provisions of the Prooosed Franchise Aareement:
Staff has negotiated the proposed Franchise Agreement with Verizon based on the identification
and prioritization of the cable related needs and interests of the residents of Temecula, including
educational and governmental ("EG") service obligations. The proposed Franchise Agreement with
Verizon includes the following key provisions:
D Provision of cable service to all residential areas of the City that meet minimum density
requirements within 24 months of the effective date of the Agreement. (Article 3 and Exhibit
A)
D Quarterly franchise fee payments of five percent (5%) of Gross Revenues, as defined.
(Article 7)
D A 15 year term from the effective date, unless the franchise is revoked earlier, as provided
in the Franchise Agreement. (Article 2.3)
D Dedicated educational and governmental access channels and direct connection to City
Hall, the ability to add two additional EG channels based on need, and funds for EG
programming and support upon City Council direction. (Article 6)
D Customer service standards, including requirements regarding telephone availability for
customer inquiries, billing, installation and service calls, complaint procedures, and
communications with subscribers. (Article 8)
D The right to audit the records supporting Verizon's payment of franchise fees. (Article 9.1)
D Liability insurance and indemnification requirements. (Article 10)
D Enforcement and termination provisions. (Article 13)
D Technical standards for operation of Verizon's cable system. (Article 5)
D Franchise renewal and transfer procedures. (Articles 11,12)
Analvsis of Leaal Reauirements:
The proposed Franchise Agreement is being submitted to the City Council at a properly noticed
public hearing, in accordance with applicable law. Staff has analyzed each of the legal requirements
for the grant of an additional cable franchise as follows:
1. Whether there will be significant positive or negative impacts on the community being
served. [Cal. Gov't Code S 53066.3(a)(1).]
The grant of a nonexclusive cable franchise to Verizon will have no negative impact on the
community, and the overall impact of Verizon's presence as a cable service provider in Temecula
will potentially be positive. Among the most significant positive impacts are those related to the
benefits competition will bring to City residents.
The California State Legislature has proclaimed by statute that it: "... hereby finds and declares that
the policies for telecommunications in California are.. .to promote lower prices, broader consumer
choice, and avoidance of anticompetitive conduct" and "to remove the barriers to open and
competitive markets and promote fair product and price competition in a way that encourages
greater efficiency, lower prices, and more consumer choice." Cal. Pub. Util. Code SS 709(1) & (g).
Congress, the General Accounting Office, and the Federal Communications Commission have
specifically found that wire line competition in the provision of cable service results in higher
customer service quality, improved programming and lower rates.
By providing competition, the grant of a nonexclusive franchise to Verizon to provide cable services
will have a significant positive impact on Temecula and will not have any negative impact.
2. Whether there will be an unreasonable adverse economic or aesthetic impact upon
public or private property within the area. [Cal. Gov't Code S 53066.3(a)(2).]
Staff has determined that the grant of a nonexclusive cable franchise to Verizon will not result in any
unreasonable adverse economic impact on the City. Grant of the franchise will bring competition for
cable programming service to the residents of Temecula and potentially result in a positive
economic impact for subscribers. There will also be a potential positive impact on Temecula's
economic development efforts. With the grant of a franchise to Verizon, Temecula residents will be
able to subscribe to bundled services that include video, voice and data over the FTTP Network.
The FTTP Network will enable subscribers to enjoy digital cable service, unencumbered by the need
to share bandwidth with voice and data services.
Granting Verizon a franchise will also increase cable penetration, adding subscribers to the City's
franchise fee base. Some residents who do not currently subscribe to cable service, or who are now
satellite customers, may subscribe to Verizon's cable service, thereby increasing the overall number
of subscribers generating revenue on which cable franchise fees are paid. The increase in content
choices proposed to be provided by Verizon's service offerings has the potential to generate more
purchases in the higher cable tiers, increasing the franchise fee revenue base in this manner as
well.
Staff has also determined that the grant of a franchise to Verizon will not result in any unreasonable
adverse aesthetic impacts upon public or private property within Temecula. Verizon is seeking a
franchise from the City to provide cable services over its existing FTTP Network, when it is
completed. The FTTP Network carrying Verizon's cable services will be constructed, operated and
maintained as an upgrade to or an extension of its existing telecommunications facilities pursuant to
authority granted by the state. During the installation of the FTTP Network, Verizon will work in
coordination with the Public Works Department to minimize disruptions and adverse impacts to City
streets. Where the existing network is placed overhead, on existing utility poles, the upgraded
network facilities will be placed overhead; where the existing network is placed underground, the
upgraded network will be placed underground. Because the facilities used to provide Verizon's
cable services will be the same facilities used to provide the other services that will be carried by
Verizon's FTTP Network, the grant of a cable franchise will have no additional adverse aesthetic
effect on public or private property.
3. Whether there will be an unreasonable disruption or inconvenience to existing users,
or any adverse effect on future use, of utility poles, public easements, and the public rights-
of-way contrary to the intent of Section 767.5 of the Public Utilities Code. [Cal. Gov't Code S
53066.3(a)(3).]
Staff has determined that there will not be any unreasonable disruptions or inconvenience to existing
cable users, nor any adverse effects in the areas noted above. Because the facilities used to
provide Verizon's cable services will be the same facilities used to provide the other services that will
be carried byVerizon's FTTP Network, consistent with Section 767.5 of the Public Utilities Code, the
grant of a cable franchise to Verizon will cause no additional disruptions or inconvenience to existing
users, nor any adverse effects on the future use of utility poles, public easements or public rights-of-
way.
4. Whether the franchise applicant has the technical and financial ability to perform.
[Cal. Gov't Code S 53066.3(a)(4).]
Staff has concluded that Verizon has demonstrated the financial, technical and legal qualifications
and the ability to provide cable service in Temecula.
5. Whether there is any impact on the franchising authority's interest in having universal
cable service. [Cal. Gov't Code S 53066.3(a)(5).]
The grant of a nonexclusive cable franchise to Verizon will have a positive impact on the City's
interest in universal cable service. Providing the residents of Temecula with a choice of providers
will have a positive impact on the City's desire in promoting universal cable service.
6. Whether other societal interests generally considered by franchising authorities will
be met. [Cal. Gov't Code S 53066.3(a)(6).]
Staff has determined that the grant of a nonexclusive franchise to Verizon will meet a variety of
societal interests generally considered by franchising authorities. These include the City's interest in
enhancing civic awareness and community participation through the reservation of educational and
governmental access channels on the proposed cable system; the City's interest in community
connectivity through Verizon's provision of cable service to City, school district and community
facilities; the City's interest in generating additional revenue through the payment of franchise fees;
and the City's interest in continuing economic development in the community, as Verizon's state-of-
the-art service offerings and network may add to the value and attractiveness of local residential and
business development efforts. Finally, providing residents with a choice of cable providers will also
enhance societal interests in the community by bringing to the City the benefits of competition in the
provision of cable services to the City.
7. Whether the operation of an additional cable system in the community is
economically feasible. [Cal. Gov't Code S 53066.3(a)(7).]
Staff has determined that it is economically feasible for the community to support a competitive
cable service provider. With a population nearing 95,000, Temecula is a desirable residential
community in Riverside County. The City is an attractive place to live because of the many
recreational and cultural opportunities and a thriving economy.
Verizon intends to offer a competitive program lineup that will be attractive to cable subscribers. In
addition, Verizon is installing the FTTP Network over which its cable service will be delivered as an
upgrade to its existing telecommunications network that will also carry voice and data services. This
should result in a reduction of the capital expenditures needed to enable Verizon to support its cable
service offering.
Given the growth in the community, the higher than average household incomes, and the
community's expressed desire for competitive cable offerings, staff has determined that the
operation of an additional cable system in Temecula is economically feasible.
8. Such other additional matters, both procedural and substantive, as the franchising
authority may determine to be relevant. [Cal. Gov't Code S 53066.3(a)(8).]
(a) EG Reauirements.
California Government Code S 53066.3(d) requires the City to ensure that competitive franchise
agreements contain the same educational and governmental (EG) access requirements that are set
forth in the existing franchise with an incumbent.
The incumbent cable operator in Temecula currently provides one shared EG channel. The
proposed Franchise Agreement requires Verizon initially to provide one exclusive EG channel
initially and carry the EG programming that is now cablecast on the incumbent provider's cable
system. The proposed Franchise Agreement further requires Verizon to reserve two additional EG
channels for future use by the City.
Verizon has agreed to provide on-going monetary support for EG programming based on monthly
subscriber levels. The per subscriber amount will be determined by the City Council, as set forth in
Article 6 of the proposed Franchise Agreement.
Staff has determined that the terms of the proposed Franchise Agreement ensure that Verizon will
provide adequate EG access channel capacity, facilities, and financial support, and that Verizon's
obligations in this area are comparable to those contained in the City's existing cable franchise
agreement with the incumbent cable operator.
(b) Non-Discrimination Reauirements.
State and Federal laws contain certain non-discrimination requirements. Staff has determined that
Verizon's proposed buildout of its cable system complies with these requirements.
(c) Rates to Subscribers.
As part of the 1996 amendments to the Communications Act, local communities must be certified by
the FCC to regulate cable rates, may regulate only rates for the basic service tier and only for cable
operators that are not subject to "effective competition" as defined under the Act. The City's
authority to regulate rates of upper programming tiers, or cable programming service tiers, sunset in
1999. As a new competitive entrant into the cable market, Verizon is, by definition, subject to
"effective competition". As such, the City may not regulate Verizon's cable rates. Nonetheless,
Verizon has indicated to staff its intention to offer cable service that is fully competitive with existing
cable offerings in the market.
(d) Svstem Desian and Technical and Performance Qualitv of the EauiDment.
Under federal law, franchising authorities may not regulate the "facilities and equipment provided by
a cable operator" expect as specifically permitted by Title VI of the Communications Act.
Nonetheless, the City has an interest in understanding the system planned by Verizon to offer its
cable service. Verizon, therefore, has set forth an explanation of its planned system architecture in
Aticle 5 of the proposed Franchise Agreement.
(e) Willinaness and Abilitv of the ADDlicant to Meet Construction Reauirements and
Abide bv Franchise Limitations and Reauirements.
Verizon's FTTP Network is being constructed as a telecommunications facility pursuant to Title II of
the Communications Act, its Certificate of Public Convenience and Necessity issued by the
California Public Utilities Commission, Section 7901 of the California Public Utilities Code, and
General Administrative Order 95 of the Public Utilities Commission. As such, Verizon has existing
authority apart from the proposed cable franchise to construct the FTTP Network. Therefore, the
proposed Franchise Agreement recognizes that the City does not, and cannot, regulate Verizon's
telecommunications facilities except to the extent specifically permitted by federal and state law.
(I) ComDetitive Neutralitv Between Pro Dosed Verizon Cable Franchise Aareement and
Incumbent Cable Franchise Aareement.
The proposed Franchise Agreement contains a number of significant provisions that staff has
determined are relevant to Verizon's provision of cable services in the City. In addition, staff has
determined that, taken as a whole, the material provisions of the proposed Franchise Agreement are
competitively neutral when compared with the provisions contained in the franchise agreement with
the incumbent cable operator. In addition, staff has determined that the proposed Franchise
Agreement does not deprive any party of equal protection under the law.
Conclusion:
Negotiations between Verizon and the City have resulted in an agreement that is competitively
neutral when compared to the incumbent's cable franchise agreement, and it contains a number of
provisions designed to protect the interests of the City and its residents. Staff has concluded that
the Franchise Agreement will bring economic and developmental benefits to the City and will be a
step toward recognizing a variety of other benefits that cable competition can bring to the City and its
residents. Based on the evidence presented, staff has concluded that granting to Verizon a
nonexclusive franchise to provide cable services is in the public interest and recommends that the
City Council approve the proposed Franchise Agreement.
FISCAL IMPACT: There is no fiscal impact associated with the granting of the
competitive franchise. However, the Citywill receive five percent (5%) ofVerizon's gross revenues
for cable services once such services are provided in the City. It is estimated that this will equate to
several thousand dollars annually. The Franchise Agreement also provides for a monthly EG
support fee of up to $0.65 per subscriber that the City Council may choose to implement in the
future and at such time as the same support fee is implemented by the incumbent cable operator.
Finally, Verizon has paid to the City an application fee of $25,000, as required by the City's Cable
Regulatory Ordinance, to coverthe costs associated with the negotiation of the proposed Franchise
Agreement.
ATTACHMENTS:
Resolution
Proposed Franchise Agreement
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING AND AUTHORIZING THE
EXECUTION OF A NONEXCLUSIVE CABLE FRANCHISE
AGREEMENT BETWEEN THE CITY AND VERIZON
CALIFORNIA INC.
THE CITY COLTNCIL OF THE CITY OF TEMECLTLA RESOLVES AS
FOLLOWS:
Section 1.
circumstances:
This resolution is adopted in consideration of the following facts and
A. The City of Temecula is a "Franchising Authority" as defined in Title VI
ofthe Communications Act (see 47 LT.S.C. S 522(10)) and is authorized to grant one or more
nonexclusive cable franchises in accordance with California Government Code Section 53066
and Chapter 5.12 of the Temecula Municipal Code.
B. Verizon California Inc. ("Franchisee") is in the process of installing a
Fiber-to-the-Premise Telecommunications Network ("FTTP Network") that will occupy the
public rights-of-way within the City of Temecula for the transmission of non-cable services
pursuant to its status as a telecommunications carrier as set forth in Title II of the federal
Communications Act and under authority granted by the State of California.
C. TIle FTTP Network, once installed, will enable the provision of cable
service to the residents of Temecula.
D. Negotiations between the Franchising Authority and the Franchisee have
resulted in a cable franchise agreement, which agreement comports with the requirements of
applicable law.
E. Notice of a public hearing by the Franchising Authority to consider the
proposed cable franchise agreement was properly published in The Californian on June 12, 2006,
and June 19. 2006. in accordance with California Government Code Sections 6066 and
53066.3(a).
F. The Franchising Authority has reviewed the legal, technical, and financial
qualifications of the Franchisee to operate a cable system and to provide cable service within the
City, and the Franchising Authority's staff has prepared a Staff Report dated June 27, 2006,
("Staff Report"). The Staff Report sets forth Franchisee's qualifications, identifies the future
cable-related needs and interests ofthe City of Temecula and its residents, and discusses each of
the requirements and criteria set forth by federal, state, and local law with respect to granting an
additional cable television franchise.
G. After receiving the comments of interested parties at a public hearing
affording due process to all parties, reviewing the entire record regarding this matter before it,
and specifically considering each ofthe factors set forth in California Govenmlent Code Section
1 lIIR6-1)( 16R\R96322v5 doc
53066.3(a), 47 LT.S.C. Section 541(a), and all other applicable provisions oflaw, the Franchising
Authority deternlines that is in the public interest to approve and to authorize the execution ofthe
proposed cable franchise agreement.
Section 2. TIle Franchising Authority finds and deternlines that it is in the public
interest to grant to Verizon California Inc. a nonexclusive franchise to operate a cable system and
to provide cable service. Based upon the analysis, conclusions, and recommendations of City
staff as set forth in the Staff Report, the Franchising Authority makes the following findings and
deternlinations concerning the following factors that are required to be considered under Section
53066.3(a) ofthe California Government Code:
A. Whether there will be significant positive or negative impacts on the
connnunity being served. [Cal. Gov't Code S 53066.3(a)(1).]
The grant of a nonexclusive cable franchise to Verizon will have no negative impact on
the community, and the overall impact ofVerizon's presence as a cable service provider in
Temecula will potentially be positive. Among the most significant positive impacts are those
related to the benefits that competition will bring to the City's residents.
TIle California State Legislature has proclaimed by statute that it: ".. .hereby finds and
declares that the policies for telecommunications in California are... to promote lower prices,
broader consumer choice, and avoidance of anticompetitive conduct" and "to remove the barriers
to open and competitive markets and promote fair product and price competition in a way that
encourages grater efficiency, lower prices, and more consumer choice." [Cal. Pub. LTtil. Code ss
709(f) & (g).]
Congress, the General Accounting Office, and the Federal Communications Commission
have specifically found that wire line competition in the provision of cable service results in
higher customer service quality, improved programming and lower rates.
By providing competition, the grant of a nonexclusive franchise to Verizon to provide
cable services will have a significant positive impact on Temecula and will not have any
negative impact.
B. Whether there will be an unreasonable adverse economic or aesthetic impact
upon public or private property within the area. [Cal. Gov't Code S
53066.3(a)(2).]
The grant of a nonexclusive cable franchise to Verizon will not result in any unreasonable
adverse economic impact on the City. Grant ofthe franchise will bring competition for cable
programming service to the residents of Temecula and potentially result in a positive economic
impact for subscribers. There will also be a potential positive impact on Temecula's economic
development efforts. With the grant of a franchise to Verizon, Temecula residents will be able to
subscribe to bundled services that include video. voice. and data over the FTTP Network. TIle
FTTP Network will enable subscribers to enjoy digital cable service, unencumbered by the need
to share bandwidth with voice and data services.
2
1 lIIR6-1)( 16R\R96322v5 uoc
Granting Verizon a franchise may also increase cable penetration, adding subscribers to
the City's franchise fee base. Some residents who do not currently subscribe to cable service, or
who are now satellite customers, may subscribe to V erizon's cable service, thereby increasing
the overall number of subscribers generating revenue on which cable franchise fees are paid.
The increase in content choices proposed to be provided by Verizon's service offerings has the
potential to generate more purchases in the higher cable tiers, thereby increasing the franchise
fee revenue base in this manner as well.
The grant of a franchise to Verizon will not result in any unreasonable adverse aesthetic
impacts upon public or private property within Temecula. Verizon is seeking a franchise from
the City to provide cable services over its existing FTTP Network, when it is completed. The
FTTP Network carrying Verizon's cable services will be constmcted, operated, and maintained
as an upgrade to or an eJ\.iension of its existing telecommunications facilities pursuant to
authority granted by the state. During the installation ofthe FTTP Network, Verizon will work
in coordination with the Public Works Department to minimize dismptions and adverse impacts
to City streets. Where the existing network is placed overhead, on existing utility poles, the
upgraded network facilities will be placed overhead; where the existing network is placed
underground, the upgraded network will be placed underground. Because the facilities used to
provide Verizon's cable services will be the same facilities used to provide the other services that
will be carried by Verizon's FTTP Network, the grant of a cable franchise will have no
additional adverse aesthetic effect on public or private property.
C. Whether there will be an unreasonable disruption or inconvenience to
existing users, or any adverse effect on future use, of utility poles, public
easements, and the public rights-of-way contrary to the intent of Section
767.5 of the Public Utilities Code. [Cal. Gov't Code S 53066.3(a)(3).]
There will not be any unreasonable dismptions or inconvenience to existing cable users,
nor any adverse effects in the areas noted above. Because the facilities used to provide
Verizon's cable services will be the same facilities used to provide the other services that will be
carried by Verizon's FTTP Network, consistent with Section 767.5 ofthe Public LTtilities Code,
the grant of a cable franchise to Verizon will cause no additional dismptions or inconvenience to
existing users, nor any adverse effects on the future use of utility poles, public easements, or
public rights-of-way.
D. Whether the franchise applicant has the technical and fmandal ability to
perform. [Cal. Gov't Code S 53066.3(a)(4).]
Verizon has demonstrated its financial, technical and legal qualifications and the ability
to provide cable service in Temecula.
E. Whether there is any impact on the franchising authority's interest in having
universal cable service. [Cal. Gov't Code S 53066.3(a)(5).]
3
1 lIIR6-1)( 16R\R96322v5 uoc
TIle grant of a nonexclusive cable franchise to Verizon will have a positive impact on the
City's interest in universal cable service. Providing the residents of Temecula with a choice of
providers will have a positive impact on the City's desire to promote universal cable service.
F. Whether other sodetal interests generally considered by franchising
authorities will be met. [Cal. Gov't Code S 53066.3(a)(6).]
TIle grant of a nonexclusive franchise to Verizon will meet a variety of societal interests
generally considered by franchising authorities. These include the City's interest in enhancing
civic awareness and community participation through the reservation of educational and
governmental access channels on the proposed cable system; the City's interest in community
connectivity through V erizon's provision of cable service to City, school district, and community
facilities; the City's interest in generating additional revenue through the payment of franchise
fees; and the City's interest in continuing economic development in the community, as Verizon's
state-of-the-art service offerings and network may add to the value and attractiveness oflocal
residential and business development efforts. Finally, providing residents with a choice of cable
providers will also enhance societal interests in the community by bringing to the City the
benefits of competition in the provision of cable services.
G. Whether the operation of an additional cable system in the community is
economically feasible. [Cal. Gov't Code S 53066.3(a)(7).]
It is economically feasible for the community to support a competitive cable service
provider. With a population nearing 95,000, Temecula is a desirable residential community in
Riverside County. TIle City is an attractive place to live because of the many recreational and
cultural opportunities and a thriving economy.
Verizon intends to offer a competitive program lineup that will be attractive to cable
subscribers. In addition, Verizon is installing the FTTP Network over which its cable service
will be delivered as an upgrade to its existing telecommunications network that will also carry
voice and data services. This should result in a reduction ofthe capital expenditures needed to
enable Verizon to support its cable service offering.
Given the growth in the community, the higher than average household incomes, and the
community's expressed desire for competitive cable offerings, the Franchising Authority
deternlines that the operation of an additional cable system in Temecula is economically feasible.
H. Such other additional matters, both procedural and substantive, as the
franchising authority may determine to be relevant. [Cal. Gov't Code S
53066.3(a)(8).]
(1) EG Reouirements.
4
1 lIIR6-1)( 16R\R96322v5 uoc
California Government Code Section 53066.3(d) requires the City to ensure that
competitive franchise agreements contain the sanle educational and governmental (EG) access
requirements that are set forth in the existing franchise with an incumbent.
The incumbent cable operator in Temecula currently provides one shared EG channel.
TIle proposed Franchise Agreement requires Verizon initially to provide one exclusive EG
channel and to carry the EG programming that is now cablecast on the incumbent provider's
cable system. TIle proposed Franchise Agreement further requires Verizon to reserve two
additional EG channels for future use by the City.
Verizon has agreed to provide on-going monetary support for EG programming based on
monthly subscriber levels. TIle per subscriber amount will be deternlined by the Franchising
Authority, as set forth in Article 6 of the proposed Franchise Agreement.
The terms ofthe proposed Franchise Agreement ensure that Verizon will provide
adequate EG access channel capacity, facilities, and financial support, and V erizon's obligations
in this area are comparable to those contained in the City's cable franchise agreement with the
incumbent cable operator.
(2) Non-Discrimination Reouirements.
State and Federal laws contain certain non-discrimination requirements. The Franchising
Authority finds and determines Verizon's proposed buildout of its cable system complies with
these requirements.
(3) Comoetitive Neutralitv Between Prooosed Verizon Cable Franchise
Agreement and Incumbent Cable Franchise A2:feement.
The proposed Franchise Agreement contains a number of significant provisions that are
relevant to Verizon's provision of cable services in the City. Taken as a whole, the Franchise
Authority finds and deternlines that the material provisions ofthe proposed Franchise Agreement
are competitively neutral when compared with the provisions contained in the franchise
agreement with the incumbent cable operator. In addition, the proposed Franchise Agreement
does not deprive any party of equal protection under the law.
Section 3. Based upon the findings and deternlinations set forth above in Section 2,
the Franchising Authority authorizes the grant of a nonexclusive franchise to Verizon California
Inc. to operate a cable system and to provide cable service within the City. This authorization is
made in accordance with the applicable provisions of California Government Code Section
53066.3 and Title VI of the Communications Act. A copy ofthe Cable Franchise Agreement in
the fornl presented to the Franchising Authority at its public hearing on June 27, 2006, is directed
to be retained in the office ofthe City Clerk for the purpose of public inspection for a period of
30 days after the effective date ofthis resolution.
Section 4. TIlat certain Cable Franchise Agreement in the fornl presented to the
Franchising Authority at this public hearing is approved, and the Mayor is authorized and
5
1 lIIR6-1)( 16R\R96322v5 uoc
directed to execute that agreement on behalf of the Franchising Authority following its execution
by the Franchisee.
Section 5. TIle City Clerk is directed to transmit a certified copy of this resolution to:
Mr. Tim McCallion, President, Pacific Region, Verizon California hlC., 112 Lakeview Canyon
Road. Thousand Oaks. California 91362.
Section 6.
resolution.
TIle City Clerk is directed to certify to the passage and adoption of this
PASSED. APPROVED. AND ADOPTED this
day of
.2006.
Ron Roberts, Mayor
ATTEST
Susan W. Jones. CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COLTNTY OF RIVERSIDE )
CITY OF TEMECLTLA )
I, Susan W. Jones, CMC, City Clerk ofthe City of Temecula, California, do hereby
certify that Resolution No. was duly and regularly adopted by the City Council of
the City of Temecula at a regular meeting thereof held on the day of , 2006 by
the following vote:
AYES:
COLTNCILMEMBERS:
NOES:
COLTNCILMEMBERS:
ABSENT:
COLTNCILMEMBERS:
ABSTAIN:
COLTNCILMEMBERS:
Susan W. Jones. CMC
City Clerk
6
1 lIIR6-1)( 16R\R96322v5 uoc
CABLE FRANCHISE AGREEMENT
BETWEEN THE
CITY OF TEMECULA
AND
VERIZON CALIFORNIA INC.
2006
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TABLE OF CONTENTS
ARTICLE
PAGE
1. DEFINITIONS.................................. ................................................................................. 2
2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS ....................................... 5
3. PROVISION OF CABLE SERVICE ................................................................................ 8
4. SYSTEM OPERATION ..................................................................................................10
5. SYSTEM FACILITIES ...................................................................................................10
6. EG SERVICES ................................................................................................................13
7. FRANCHISE FEES .........................................................................................................13
8. CONSUMER PROTECTION AND SERVICE STANDARDS ..................................... 14
9. REPORTS AND RECORDS ...........................................................................................15
10. INSURANCE AND INDEMNIFICATION .................................................................... 16
11. TRANSFER OF FRANCHISE........................................................................................18
12. RENEW AL OF FRANCHISE......................................................................................... 18
13. ENFORCEMENT AND TERMINATION OF FRANCHISE ........................................19
14. MISCELLANEOLTS PROVISIONS................................................................................22
EXHIBIT A -SERVICE AREA MAPS .......................................................................... 26
EXHIBIT B MLTNICIPAL BUILDINGS TO BE PROVIDED FREE CABLE
SERVICE...................................................... ..................... .............................................. 27
EXHIBIT C EG CHANNELS AND SUPPORT.......................................................... 31
EXHIBITD -CONSUMER PROTECTION AND SERVICE STANDARDS ............. 33
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THIS CABLE FRANCHISE AGREEMENT (the "Franchise" or "Agreement") is entered
into this _ day of . 2006 by the City of Temecula, a municipal corporation duly
organized under the applicable laws of the State of California (the "City"), and Verizon
California Inc., a corporation duly organized under the applicable laws of the State of California
("Franchisee").
RECITALS
A. Franchisee has applied for a nonexclusive franchise to constmct, install, maintain,
eJ\.iend, all operate a Cable System in the Franchise Area as designated in this Agreement.
B. The City of Temecula is a "franchising authority" in accordance with Title VI of
the Communications Act (see 47 U.S.C. S 522(10)) and is authorized to grant one or more
nonexclusive cable franchises pursuant to California Government Code S 53066.
C. Franchisee is in the process of installing a Fiber-to-the-Premise
Telecommunications Network ("FTTP Network") in the Franchise Area for the transmission of
Non-Cable Services pursuant to authority granted by the State of Califomia.
D. The FTTP Network will occupy the Public Rights-of-Way within the City, and
Franchisee desires to use portions ofthe FTTP Network when installed to provide Cable Services
(as defined below) in the Franchise Area.
E. TIle City has identified the future cable-related needs and interests of the City and
its residents; has considered the financial, technical and legal qualifications of Franchisee; has
deternlined that Franchisee's plans for its Cable System are adequate; and has considered, at a
public hearing and in accordance with California Government Code S 53066.3: (a) whether there
will be significant positive or negative impacts on the City; (b) whether there will be an
unreasonable adverse economic or aesthetic impact upon public or private property within the
Franchise Area; (c) whether there will be an unreasonable dismption or inconvenience to
existing users, or any adverse effect on future use, of utility poles, public easements, and the
Public Rights-of-Way contrary to the intent of Public Utilities Code S 767.5; (d) whether the
franchise applicant has the technical and financial ability to perform; (e) whether there is any
impact on the franchising authority's interest in having universal Cable Service; (f) whether
other societal interests generally considered by franchising authorities will be met; (g) whether
the operation of an additional cable television system in the City is economically feasible; and
(h) such other additional matters, both procedural and substantive, as the City has deternlined to
be relevant.
F. TIle City has found Franchisee to be financially, technically, and legally qualified
to operate the Cable System.
G. TIle City has deternlined that, in accordance with the applicable provisions of
Chapter 5.12 of Title 5 of the Temecula Municipal Code ("Chapter 5.12") and Califomia
Government Code section 53066.3. the grant of a nonexclusive franchise to Franchisee is
consistent with the public interest.
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H. TIle City and Franchisee have reached agreement on the ternlS and conditions set
forth herein, and the parties have agreed to be bound by those ternlS and conditions.
NOW, THEREFORE, in consideration of the City's grant of a franchise to Franchisee,
Franchisee's promise to provide Cable Service to residents of the City pursuant to and consistent
with Chapter 5.12, and in accordance with the terms, conditions, promises and undertakings set
forth herein.
THE PARTIES AGREE AS FOLLOWS:
1. DEFINITIONS
Except as otherwise provided in this Agreement, the definitions and word usages set forth
in the Cable Law are incorporated herein and shall apply in this Agreement. hl addition. the
following definitions shall apply:
1.1. Access Channel: Any video Channel that Franchisee makes available to the City
without charge for noncommercial educational or governmental use for the transmission of video
programming as directed by the City.
1.2. Affiliate: Any Person who, directly or indirectly, owns or controls, is owned or
controlled by, or is under common ownership or control with Franchisee.
1.3. Basic Service: Any service tier that includes the retransmission of local television
broadcast signals as well as the EG Channels required by this Agreement.
1.4. Cable Law: Chapter 5.12 of Title 5 of the Temecula Municipal Code, to the
eJ\.ient authorized under and consistent with federal and state law.
1.5. Cable Service or Cable Services: Is defined herein as it is defined under section
602 ofthe Communications Act, 471.T.S.C. S 522(6).
1.6. Cable System or System: Is defined herein as it is defined under section 602 of
the Communications Act, 47 1.T.S.C. S 522(7), meaning Franchisee's facility, consisting of a set
of closed transmission paths and associated signal generation, reception, and control equipment
that is designed to provide Cable Service which includes video programming and which is
provided to multiple Subscribers within the Service Area. The Cable System shall be limited to
the optical spectmm wavelength(s), bandwidth or future technological capacity that is used for
the transmission of Cable Services directly to Subscribers within the Service Area and shall not
include the tangible network facilities of a common carrier subject in whole or in part to Title II
ofthe Communications Act or of an Information Services provider.
1. 7. Channel: Is defined herein as it is defined under Section 602 of the
Communications Act, 471.T.S.C. S 522(4).
1.8. Communications Act: The Communications Act of 1934. as amended.
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1.9. Control: The ability to exercise de facto or de Jure control over day-to-day
policies and operations or the management of corporate affairs.
1.10. EducationalAccess Channel: An Access Channel available for the sole use ofthe
local public schools in the Franchise Area and higher level public educational institutions serving
the Franchise Area.
1.11. EG: Educational and govemmental.
1.12. Extended Service Area: TIle portion of the Franchise Area as outlined in Exhibit
A.
1.13. FCC: TIle United States Federal Communications Commission, or any successor
govenmlental entity.
1.14. Force Afa/eure: An event or events reasonably beyond the ability of Franchisee
to anticipate and control. TIlis includes. but is not limited to. severe or unusual weather
conditions, strikes, labor disturbances, lockouts, war or act of war (whether an actual declaration
of war is made or not), insurrection, riots, act of public enemy, actions or inactions of any
government instmmentality or public utility including condemnation, accidents for which
Franchisee is not primarily responsible, fire, flood, other acts of God, work delays caused by
waiting for utility providers to service or monitor utility poles to which Franchisee's FTTP
Network is attached, and unavailability of materials and/or qualified labor to perfornl the work
necessary.
1.15. Franchise Area: TIle territorial limits of the City as they exist on the Effective
Date of this Agreement, and such additional territory that may be annexed during the term of this
Franchise.
1.16. Franchisee: Verizon California Inc., and its lawful and permitted successors,
assigns, and transferees.
1.17. Government Access Channel: An Access Channel available for the sole use ofthe
City.
1.18. Gross Revenue: All revenue that Franchisee and its Affiliates (to the eJ\.ient that
either is acting as a provider of Cable Service authorized by this Franchise) derive from the
operation of Franchisee's Cable System to provide Cable Service in the Service Area, including,
but not limited to. all Subscriber and customer revenue eamed or accmed net of bad debts
including revenue for: (i) Basic Service; (ii) all fees charged to any Subscribers for any and all
Cable Service provided by Franchisee, including without limitation Cable Service-related
program guides, the installation, disconnection or reconnection of Cable Service; revenues from
late or delinquent charge fees; Cable Service-related service or repair calls; the provision of
converters. remote controls. additional outlets. and/or other Cable Service-related Subscriber
premises equipment, whether by lease or otherwise (except sale); (iii) revenues from the sale or
lease of access channel(s) or channel capacity; (iv) advertising revenues (as described below);
and (v) revenues from home shopping channel providers. Gross Revenue also includes franchise
fees imposed on Franchisee by City that are passed through from Franchisee as a line item paid
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by Subscribers. Revenue of an Affiliate derived from the Affiliate's provision of Cable Services
constitutes Gross Revenue to the eJ\.ient the treatment of such revenue as revenue of the Affiliate
and not of Franchisee has the intentional or unintentional effect of evading the payment of
Franchise fees that would otherwise be payable to City hereunder. Advertising commissions
paid to third parties shall not be netted against advertising revenue included in Gross Revenue.
In no event shall revenue of an Affiliate be Gross Revenue of Franchisee if such revenue is
subject to franchise fees to be paid to City for Cable Services. Advertising revenue is based
upon the ratio of the number of Subscribers, as of the last day of the period for which Gross
Revenue is being calculated, to the number of Franchisee's subscribers within all areas covered
by the particular advertising source as of the last day of such period, e.g., Franchisee sells two
ads: Ad "A" is broadcast nationwide; Ad "B" is broadcast only within California. Franchisee
has 1 00 Subscribers in City, 500 subscribers in Califomia, and 1000 subscribers nationwide.
Gross Revenue as to City from Ad "A" is 100'0 of Franchisee's revenue therefrom. Gross
Revenue as to City from Ad "B" is 200'0 of Franchisee's revenue therefrom. Gross Revenue does
not include:
1.18.1. Revenues received by any Affiliate or other Person in exchange for
supplying goods or services used by Franchisee to provide Cable Service over the Cable System;
1.18.2. Bad debts written off by Franchisee in the nornlal course of its business;
provided, however. that bad debt recoveries shall be included in Gross Revenue during the
period collected;
1.18.3. Refunds, rebates or discounts made to Subscribers or other third parties;
1.18.4. Any revenues classified, in whole or in part, as Non-Cable Services
revenue under federal or state law including, without limitation, revenue received from
Telecommunications Services; revenue received from Information Services, including, without
limitation. Internet Access service. electronic mail service. electronic bulletin board service. or
similar online computer services; charges made to the public for commercial or cable television
that is used for two-way communication (such as video-conferencing service); and any other
revenue attributed by Franchisee to Non-Cable Services in accordance with FCC or state public
utility regulatory commission mles, regulations, standards or orders;
1.18. 5. Any revenue of Franchisee or any other Person that is received directly
from the sale of merchandise through any Cable Service distributed over the Cable System,
except for that portion of such revenue that represents or can be attributed to a Subscriber fee or
a payment for the use of the Cable System for the sale of such merchandise, which portion shall
be included in Gross Revenue;
1.18.6. Revenues from the sale of Cable Services on the Cable System to a
reseller, when the reseller is required to collect cable franchise fees from the reseller's customer
and remit them to the City;
1.18. 7. Any tax of general applicability imposed upon Franchisee or upon
Subscribers by a city, state, federal or any other govenmlental entity and that Franchisee is
required to collect and remit to the taxing entity (including, but not limited to, sales and use tax,
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gross receipts tax, excise tax. utility users tax, public service tax. communication taxes and
franchise fees for Non-Cable Services);
1.18. 8. Any revenue forgone because Franchisee provides free or reduced-cost
cable or other communications services to any Person, including without limitation, employees
of Franchisee and public institutions or other institutions designated in this Franchise; provided,
however. that if Franchisee receives trades. barters. services or other items of value instead of
cash revenue. such items shall be included in Gross Revenue;
1.18.9. Revenues from sales of capital assets or sales of surplus equipment;
1.18.10. Reimbursement by programmers of marketing costs incurred by
Franchisee for the introduction and promotion of new programming;
1.18.11. Directory or Internet advertising revenue including, but not limited to,
yellow page, white page, banner advertisement and electronic publishing; and
1.18.12. Any fees or charges collected from Subscribers or other third parties for
Annual EG Grants and remitted to the City in accordance with this Agreement.
1.19. Information Services: Is defined herein as it is defined under Section 3 of the
Communications Act, 471.T.S.C. SI53(20).
1.20. Initial Service Area: The portion of the Franchise Area as outlined in Exhibit A.
1.21. Internet Access: Dial-up or broadband access service that enables Subscribers to
access the Internet.
1.22. Local Franchise Authority or City: The City of Temecula, Califomia, or its
lawful successor, transferee, or assignee.
1.23. Non-CaMe Services: Any service that does not constitute the provision of Video
Programming directly to multiple Subscribers in the Franchise Area including, but not limited to,
Information Services and Telecommunications Services.
1.24. Normal Business Hours: Those hours during which most similar businesses in
the community are open to serve customers. In all cases, "normal business hours" must include
some evening hours at least one night per week or some weekend hours.
1.25. Normal Operating Conditions: Those service conditions that are within the
control of Franchisee. Those conditions that are not within the control of Franchisee include. but
are not limited to, Force Majeure events. TIlOse conditions that are within the control of
Franchisee include, but are not limited to, special promotions, pay-per-view events, rate
increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable
System. See 47 C.F.R. S 76.309(c)(4)(ii).
1.26. Person: An individual, partnership, limited liability company, association, joint
stock company, tmst, corporation, or governmental entity other than the City.
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1.27. Puhlic Rights-or-Way: TIle surface and the area across, in, over, along, upon and
below the surface of the public streets, roads, bridges, sidewalks, lanes, courts, ways, alleys, and
boulevards, including public utility easements and public lands and waterways used as Public
Rights-of- Way, as the same now or may later exist, that are under the jurisdiction or control of
the City. Public Rights-of-Way do not include the airwaves above a right-of-way with regard to
cellular or other nonwire communications or broadcast services.
1.28. Service Area: All portions of the Franchise Area where Cable Service is being
offered, including the Initial Service Area, EJ\.iended Service Area, and any Additional Service
Areas. as defined in Section 3.1.3.
1.29. Service Date: TIle date that Franchisee first provides Cable Service on a
commercial basis directly to multiple Subscribers in the Franchise Area.
1.30. Service Interruption: TIle loss of picture or sound on one or more cable channels.
1.31. Subscriber: A Person who lawfully receives Cable Service of the Cable System
with Franchisee's express pernlission.
1.32. Telecommunications Facilities: Franchisee's eXlstmg Telecommunications
Services and hlfornlation Services facilities and its FTTP Network facilities.
1.33. Telecommunication Services: Is defined herein as it is defined in section 3 of the
Communications Act, 471.T.S.C. S 153(46).
1.34. Title II: Title II ofthe Communications Act.
1.35. Title 11: Title VI ofthe Communications Act.
1.36. Transfer of the Franchise:
1.36.1. Any transaction in which:
1.36.1.1. an ownership or other interest in Franchisee is transferred.
directly or indirectly, from one Person or group of Persons to another Person or group of
Persons. so that control of Franchisee is transferred; or
1.36.1.2. the Franchise or the rights held by Franchisee under the Franchise
are transferred or assigned to another Person or group of Persons.
1.37. Video Programming: Is defined herein as it is defined under Section 602 of the
Communications Act, 471.T.S.C. S 522(20).
2. GRANT OF AUTHORITY: LIMITS AND RESERVATIONS
2.1. Grant of Authority: Subject to the ternlS and conditions ofthis Agreement and the
Cable Law, the City grants to Franchisee the right to own, constmct, operate and maintain the
Cable System in the Public Rights-of-Way within the Franchise Area for the sole purpose of
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providing Cable Service. This Agreement grants no authority for Franchisee to use the City's
Public Rights-of-Way for any other purpose unless otherwise expressly provided herein.
However, nothing in this Agreement may be constmed to prohibit Franchisee from offering any
service over the Cable System that is not prohibited by federal or state law, provided that all
requirements for City authorization not inconsistent with federal and state law are satisfied. No
privilege or power of eminent domain is bestowed by this grant or by this Agreement.
2.2. City's Regulatory Authority: The parties acknowledge that Franchisee's FTTP
Network is being constmcted and will be operated and maintained as an upgrade to or an
eJ\.iension of its existing Telecommunications Facilities for the provision of Non-Cable Services.
TIle jurisdiction of the City over these Telecommunications Facilities is restricted by federal and
state law, and the City does not assert jurisdiction over Franchisee's FTTP Network in
contravention of those limitations. The City's regulatory authority under Title VI of the
Communications Act is not applicable to the constmction, installation, maintenance or operation
of Franchisee's FTTP Network to the eJ\.ient the FTTP Network is constmcted. installed.
maintained or operated for the purpose of upgrading or eJ\.iending Franchisee's existing
Telecommunications Facilities for the provision of Non-Cable Services. Work in the Public
Rights-of-Way on Franchisee's FTTP Network is governed by the encroachment permit
requirements ofthe City's Municipal Code.
2.3. Term: This Agreement shall become effective on the date oflast signature below
("Effective Date"). It is the intention of the parties that Franchisee will first execute this
Agreement and then submit it to the City. The term of this Agreement is fifteen (15) years from
the Effective Date unless the Franchise is earlier revoked as provided herein.
2.4. Grant Not Exclusive: This Franchise and the right it grants to use and occupy the
Public Rights-of-Way to provide Cable Services is not exclusive, and the City reserves the right
to grant other franchises for similar uses or for other uses of the Public Rights-of-Way, or any
portions thereof. to any Person, or to make any such use itself. at any time during the ternl of this
Franchise. Any such rights that are granted shall not adversely impact the authority as granted
under this Franchise and shall not interfere with existing facilities of the Cable System or
Franchisee's FTTP Network.
2.5. Franchise Subject to State and Federal Law: Notwithstanding any provision to
the contrary herein, this Franchise is subject to and shall be governed by all applicable provisions
of state and federal law and regulations, as those laws and regulations now exist and as they may
be anlended, including, but not limited to, the Communications Act.
2.6. No Waiver:
2.6.1. The City's failure on one or more occasions to exercise a right or to
require compliance or perfornlance under this Franchise, the Cable Law or any other applicable
law shall not be deemed to constitute a waiver of such right or a waiver of compliance or
perfornlance by the City, nor to excuse Franchisee from complying or perfornling, unless the
City has specifically waived, in writing, such right or such compliance or performance.
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2.6.2. Franchisee's failure on one or more occasions to exercise a right under this
Franchise or applicable law, or to require perfornlance under this Franchise, shall not be deemed
to constitute a waiver of such right or of performance of this Agreement, nor shall it excuse the
City from performance, unless Franchisee has specifically waived, in writing, such right or
performance.
2.6.3. Neither this Franchise nor any action by the City hereunder shall
constitute a waiver of or a bar to the City's exercise of any police right or power, including,
without limitation, the right of eminent domain. TIlis Agreement shall not limit any authority of
the City in accordance with Califomia law to condemn, in whole or in part, any property of
Franchisee, provided that Franchisee shall receive whatever condemnation award Franchisee
would normally be entitled to recover as a matter of California law, in addition to any other
rights Franchisee has under this Agreement.
2.7. Construction of Agreement:
2.7.1. TIle provisions of this Franchise shall be liberally constmed to effectuate
their objectives. In the event of a conflict between the Cable Law and this Agreement, this
Agreement shall prevail.
2.7.2. The parties agree that the following Cable Law provisions do not apply to
this Franchise: 5.12.050(1)(2); 5.12.060(A), (B), and (C); Article 3; Article 4; Article 5;
5.12.170(A) Defined Terms and Phrases: Franchise Fee, Multichannel video programming
distributor, video provider; and 5.12.180.
2.7.3. Nothing herein shall be constmed to limit the scope or applicability of
Section 625 of the Communications Act, 471.T.S.C. S 545.
2.7.4. Should any change to state or local law have the lawful effect of
materially altering the ternlS and conditions of this Franchise, then the parties shall modify this
Franchise to the mutual satisfaction of both parties to anleliorate the negative effects on
Franchisee of the material alteration. If the parties cannot reach agreement on the above-
referenced modification to this Franchise, then Franchisee may terminate this Agreement without
further obligation to the City or, at Franchisee's option, the parties agree to submit the matter to
binding arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association.
2.7.5. If there is a change to state or federal law that permits but does not require
Franchisee to opt out of or ternlinate this Agreement, Franchisee agrees to honor this Agreement
to the eJ\.ient pernlitted by law.
2.8. Police Powers: Nothing in this Franchise shall be constmed to prohibit the
reasonable. necessary and lawful exercise of the City's police powers. However. if the
reasonable. necessary and lawful exercise of the City's police power results in any material
alteration of the terms and conditions of this Franchise, then the parties shall modify this
Franchise to the mutual satisfaction of both parties to ameliorate the negative effects on
Franchisee of the material alteration. If the parties cannot reach agreement on the above-
referenced modification to the Franchise, then Franchisee may ternlinate this Agreement without
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further obligation to the City or, at Franchisee's option, the parties agree to submit the matter to
binding arbitration in accordance with the commercial arbitration mles of the American
Arbitration Association.
2.9. Effect of Acceptance: By accepting this Franchise and executing this Agreement,
Franchisee, relying upon its own investigation and understanding of the power and authority of
the City to grant this Franchise, acknowledges and accepts the City's legal right to grant this
Franchise, to enter into this Agreement; agrees that this Franchise was granted pursuant to
processes and procedures consistent with applicable law; and agrees that the City retains the
absolute right to ternlinate this Agreement for any material violation by Franchisee in accordance
with Article 13 ofthis Agreement.
3. PROVISION OF CABLE SERVICE
3.1. Service Area:
3.1.1. Initial Service Area: Franchisee shall offer Cable Service to Subscribers
in all residential areas of the hlitial Service Area and may make Cable Service available to
businesses in the Initial Service Area within eighteen (18) months of the Effective Date of this
Franchise ("the Service Date"), except: (A) for periods of Force Majeure; (B) for periods of
delay caused by the City; (C) for periods of delay resulting from Franchisee's inability to obtain
authority to access rights-of-way in the Service Area; (D) in areas where developments or
buildings are subject to asserted exclusive arrangements with other providers; (E) in
developments or buildings where Franchisee cannot access under reasonable ternlS and
conditions after good faith negotiation, as deternlined by Franchisee; and (F) in developments or
buildings where Franchisee is unable to provide Cable Service for technical reasons or that
require non-standard facilities that are not available on a commercially-reasonable basis; and (G)
in areas where the occupied residential household density does not meet the density requirement
set forth in Subsection 3.1.1.1. Franchisee shall memorialize the Service Date by notifying the
City in writing ofthe same, which notification shall become a part ofthis Franchise.
3.1.1.1. Density Requirement: Franchisee shall make Cable Services
available to residential dwelling units in all areas of the Service Area where the average density
is equal to or greater than thirty (30) occupied residential dwelling units per mile as measured in
strand footage from the nearest technically feasible point on the active FTTP Network tmnk or
feeder line. If. through new constmction, an area within the hlitial Service Area or ElI.iended
Service Area meets the density requirement after the time stated for providing Cable Service as
set forth in Subsections 3.1.1 and 3.1.2 respectively, then Franchisee shall provide Cable Service
to such area within six (6) months after receiving notice from the City that the density
requirement has been met.
3.1.2. Extended Service Area: Within twenty-four (24) months following the
Service Date, Franchisee shall provide Cable Service to all residential areas in the ElI.iended
Service Area subject to the conditions of Subsection 3.1.1 above and the other ternlS set forth
herein; provided, however, that the ElI.iended Service Area boundaries may be modified in whole
or in part by Franchisee by demonstrating to City that it would be technically or economically
infeasible to serve an area within the ElI.iended Service Area.
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3.1.3. Additional Service Areas: Aside from the hlitial Service Area and any
EJ\.iended Service Area, Franchisee shall not be required to eJ\.iend its Cable System or to provide
Cable Services to any other areas within the Franchise Area during the term of this Franchise or
any renewals thereof except as set forth in this Subsection 3.1.3. The parties agree that if any
land is annexed by the City during the term of this Agreement, such annexed areas ("Additional
Service Areas") shall become part of the Franchise Area and Franchisee shall be required to
eJ\.iend Cable Service within a reasonable time to such annexed area (subject to the exceptions in
Section 3.1.1. above), provided that such annexed area: (a) is contiguous to the City, (b) is within
Franchisee's Title II service territory, and (c) is served by the video-enabled FTTP Network. If
Franchisee intends to serve Additional Service Areas within the Franchise Area. Franchisee shall
notify the City in writing of such Additional Service Area at least ten (10) days prior to
providing Cable Services in such areas.
3.2. Availability of Cable Service: Franchisee shall make Cable Service available to
all residential dwelling units and may make Cable Service available to businesses within the
Service Area in confornlance with Section 3.1 and Franchisee shall not discriminate between or
among any individuals in the availability of Cable Service. In the areas in which Franchisee
provides Cable Service, Franchisee is required to connect, at Franchisee's expense, all residential
dwelling units and business units that are within one hundred twenty-five (125) feet oftmnk or
feeder lines not otherwise already served by Franchisee's FTTP Network. Franchisee is allowed
to recover, from a Subscriber that requests such connection, actual costs incurred for residential
dwelling unit connections that exceed one hundred twenty-five (125) feet and actual costs
incurred to connect any non-residential dwelling unit Subscriber.
3.3. CaMe Service to Puhlic Buildings: Subject to Section 3.1. Franchisee shall
provide, without charge within the Service Area, one service outlet activated for Basic Service to
each fire station, public school, police station, public library, and those buildings used for
municipal purposes that are designated by the City as provided in Exhibit B. For any future
public buildings, if it is necessary to eJ\.iend Franchisee's tmnk or feeder lines more than three
hundred (300) feet solely to provide service to any such school or public building, the City shall
have the option of paying Franchisee's provisioning costs for such eJ\.iension in excess of three
hundred (300) feet, postponing the obligation to provide service to such building until the City
pays such costs, or releasing Franchisee from the obligation to provide service to such building.
Furthermore, Franchisee shall be permitted to recover, from any public building owner entitled
to free service, the provisioning cost of installing, when requested to do so, more than one outlet,
or concealed inside wiring, or a service outlet requiring more than three hundred (300) feet of
drop cable; provided, however, that Franchisee shall not charge for the provision of Basic
Service to the additional service outlets once installed.
3.4. Institutional Network: If. during the ternl of this Franchise. another cable
operator provides the City with an institutional network, as defined in section 611(c) of the
Communications Act ("INET'), Franchisee agrees within siJ\.iy (60) days of being requested to
do so, to enter into good faith negotiations with City concerning Franchisee's provision of a pro
rata, per Subscriber grant to City in relation to Franchisee's proportional share (in relation to
other cable operators) of the incremental, verifiable cost to the cable operator of such an INET;
provided, however, that City agrees that it will require all cable operators within the Franchise
Area to make equitable pro rata contributions toward the constmction of any such INET.
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Franchisee acknowledges that City may use EG grants for the purchase of EG equipment and
facilities or INET equipment and facilities.
4. SYSTEM OPERATION
4.1. CaMe System Tests and Inspections:
4.1.1. Franchisee shall perform all tests necessary to demonstrate compliance
with the requirements of this Franchise, and to ensure that the Cable System components are
operating as required. All tests shall be conducted in accordance with any applicable federal
mles and any applicable United States National Cable Television Association's Recommended
Practices for measurement and testing.
4.1.2. Franchisee shall conduct tests as follows:
4.1.2.1. Proof of perfornlallCe tests on the Cable System at least once
every six (6) months or as required by FCC mles, whichever is more often, except as federal law
otherwise limits Franchisee's obligation. In consultation with the City, the Cable System
monitor test points shall be established in accordance with good engineering practices and
consistent with FCC guidelines; and
4.1.2.2. Special proof of performance tests, as limited by the City, of the
Cable System or a segment thereof when Subscriber complaints indicate tests are warranted.
4.1.3. The City shall have the right to witness and/or review all required tests on
newly constmcted or rebuilt segments of the Cable System. Franchisee shall provide the City
with at least two (2) business days' notice of. alld opportunity to observe, allY such tests
perfornled on the Cable System.
4.1.4. Franchisee shall submit to the City, upon the City's request, written
reports of the results of any tests required by the FCC. The City shall have the sanle rights the
FCC has to inspect Frallchisee's perfornlance test data.
4.1.5. If allY test indicates that any part or component of the Cable System fails
to meet applicable requirennts , Frallchisee, without requirement of additional notice or request
from the City, shall take corrective action, retest the locations and advise the City of the action
taken and results achieved, and supply the City with a copy of the results within thirty (30) days
from the date corrective action was completed.
4.1.6. The City may, for good cause shown, waive or limit the system test and
inspection provisions in this Section.
5. SYSTEM FACILITIES
5.1. System Characteristics: Franchisee's Cable System shall have at least the
following characteristics:
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5.1.1. Designed with an initial analog and digital carrier passband between 50
MHz and 860 MHz.
5.1.2. Designed to be an active two-way plant for subscriber interaction, if any,
required for selection or use of Cable Service.
5.1.3. TIle Cable System will be of a modem design when built, utilizing an
architecture that will pernlit additional improvements necessary for high quality and reliable
service throughout the term of this Agreement.
5.1.4. Protection against outages due to power failures, so that back-up power is
available at a minimum for at least twenty-four (24) hours at each headend, and conforming to
industry standards, but in no event rated for less than four (4) hours, at each power supply site.
5.1.5. Facilities and equipment of good and durable quality, generally used in
high-quality, reliable systems of similar design.
5.1.6. Facilities and equipment sufficient to cure violations of any applicable
FCC technical standards and to ensure that the Cable System remains in compliance with the
standards specified in subsection 5.1.16.
5.1. 7. Facilities and equipment as necessary to maintain, operate, and evaluate
the Cable System to comply with any applicable FCC technical standards, as such standards may
be anlended from time to time.
5.1.8. All facilities and equipment designed to be capable of continuous twenty-
four (24) hour daily operation in accordance with applicable FCC standards except as caused by
a Force Majeure event.
5.1.9. All facilities and equipment designed, built and operated in such a manner
as to comply with all applicable FCC requirements regarding (i) consumer electronic equipment
and (ii) interference with the reception of off-the-air signals by a Subscriber.
5.1.10. All facilities and equipment designed, built and operated III such a
manner as to protect the safety ofthe Cable System workers and the public.
5.1.11. Sufficient tmcks, tools, testing equipment, monitoring devices and other
equipment and facilities and trained and skilled personnel required to enable Franchisee to
substantially comply with applicable law, including applicable customer service standards and
including requirements for responding to system outages.
5.1.12. All facilities and equipment required to properly test the Cable System
and conduct an ongoing and active program of preventive maintenance and quality control and to
be able to quickly respond to customer complaints and resolve system problems.
5.1.13. Facilities and equipment at the headend shall allow Franchisee to
transmit or cablecast signals in substantially the form received, without substantial alteration or
deterioration. For example, the headend should include equipment that will transmit color video
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signals received at the headend in color, stereo audio signals received at the headend in stereo,
and a signal received with a secondary audio track with both audio tracks. Similarly, all closed-
captioned programming retransmitted over the Cable System shall include the closed-captioned
signal in a manner that renders that signal available to Subscriber equipment used to decode the
captioning.
5.1.14. Shall transmit in high definition any signal which IS received in high
definition format.
5.1.15. Shall provide adequate security provIsions in its Subscriber site
equipment to permit parental control over the use of Cable Services on the System. Such
equipment will, at a minimum, offer as an option that a Person ordering progranlming must
provide a personal identification number or other means provided by Franchisee to activate the
security provisions; provided, however, that Franchisee shall bear no responsibility for the
exercise of parental controls and shall incur no liability for any Subscriber's or viewer's exercise
or failure to exercise such controls.
5.1.16. The Cable System must conform to or exceed all applicable FCC
technical performance standards, as amended from time to time, and any other future applicable
technical performance standards, which the City is permitted by a change in law to enforce, and
shall substantially confornl in all material respects to applicable sections of the following
standards and regulations to the eJ\.ient such standards and regulations remain in effect and are
consistent with accepted industry procedures:
5.1.16.1. Occupational Safety and Health Administration (OSHA) Safety
and Health Standards;
5.1.16.2. National Electrical Code;
5.1.16.3. National Electrical Safety Code (NESC);
5.1.16.4.0bstmction Marking and Lighting, AC 70/7460 I.e.. Federal
Aviation Administration; and
5.1.16.5.Constmcting, Marking and Lighting of Antenna Stmctures, FCC
Rules. Part 17.
5.2. EG Interconnection:
5.2.1. City shall provide to Franchisee at the EG Access Interconnection Site at
City Hall (43200 Business Park Drive) a suitable video signal for the initial EG Access Channel.
Franchisee, upon receipt of a suitable video signal, shall provide, install and maintain in good
working order the equipment necessary for transmitting the EG signal to the channel aggregation
site for further processing for distribution to Subscribers. Franchisee's obligations with respect
to such upstream transmission equipment and facilities shall be subject to the availability,
without charge to Franchisee, of suitable required space, environmental conditions, electrical
power supply, access, pathway, and other facilities and such cooperation of City as is reasonably
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necessary for Franchisee to fulfill such obligations. City shall have the right to relocate the EG
Access hlterconnection Site as follows: City may relocate the EG Access Interconnection Site to
the proposed City Hall to be constmcted at the intersection of Main and Mercedes streets during
the term of this Franchise; provided that City shall provide to Franchisee at the new City Hall:
(1) suitable required space, environmental conditions, electrical power supply, access, pathway,
and other facilities and cooperation of City as is reasonably necessary; (2) access to such space at
least ninety (90) days prior to anticipated use ofthe new EG Access Interconnection Site; and (3)
reimbursement of up to Fifteen TIlOusand Dollars ($15,000) for costs associated with the
relocation ofthe equipment necessary for transmitting the EG signal.
5.2.2. Such upstreanl transmission provided by Franchisee shall comply with
applicable FCC standards governing the transport and distribution of EG signals to Subscribers.
5.2.3. If Franchisee makes changes to the Cable System that require
improvements to the access facilities or equipment in order to permit the EG access equipment
and facilities to continue to be used as they were intended under the terms of this Agreement,
then Franchisee shall, without charge to City, make such changes in either the equipment and
facilities referred to in Section 5.2.1 or in Franchisee's video channel aggregation point and
distribution equipment and facilities in order to pernlit the continuation of such intended use.
5.3. Emergency Alert System:
5.3.1. Franchisee shall comply with the Emergency Alert System ("EAS")
requirements ofthe FCC in order that emergency messages may be distributed over the System.
5.3.2. The City shall permit only appropriately trained and authorized Persons to
operate the EAS equipment and shall take reasonable precautions to prevent the use of the Cable
System in any manner that results in its inappropriate use or in any loss or danlage to the Cable
System. Except to the eJ\.ient expressly prohibited by law, the City shall hold harnlless and
defend Franchisee, its employees, officers, and assigns, from and against any claims arising out
ofthe use of the EAS, including, but not limited to, reasonable attorneys' fees and costs.
6. EG SERVICES
TIle obligations of Franchisee that relate to the support of local cable usage, including the
provision of Educational and Governmental Access Channels and financial support, are set forth
in the attached Exhibit C. The parties acknowledge that, under federal law, costs for the support
of local cable usage are eligible for "pass through" to Subscribers and may be itemized on
Subscribers' bills. Any pass-through to Subscribers of costs incurred by Franchisee in
perfornling its obligations under Exhibit C must be in accordance with all applicable regulations
and requirements of the FCC.
7. FRANCHISE FEES
7.1. Payment to City: Franchisee shall pay to the City a Franchise fee of five percent
(50'0) of annual Gross Revenue. In accordance with Title VI of the Communications Act. the
twelve (12) month period applicable under this Franchise for the computation of the Franchise
fee shall be a calendar year. Such payments shall be made quarterly, no later than forty-five (45)
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days following the end of each calendar quarter. Franchisee shall be allowed to submit or to
correct any payments that were incorrectly omitted and shall be refunded any payments that were
incorrectly submitted in connection with the quarterly Franchise fee remittances. These
submissions, corrections, and refunds will be made within 90 days following the close of the
calendar year for which franchise fee payments were applicable.
7.2. Supporting Information: Each Franchise fee payment shall be accompanied by a
brief report prepared by a representative of Franchisee showing the basis for the computation.
7.3. Limitation on Franchise Fee Actions: The period of limitation for recovery of
any Franchise fee or other fees payable hereunder is four (4) years from the date on which
payment by Franchisee is due. During any such four-year period, the period of the limitations
for recovery of any franchise fee shall be tolled on the date that City provides written notice to
Franchisee that a franchise fee compliance review has been commenced and the review of
records is initiated within ninety (90) days of that notice and completed by City asserting a claim
to any unpaid fees due hereunder within twelve (12) months from the date of production of all
records reasonably and in good faith requested. The parties intend that tolling of the four (4)
year period of limitations is to enable City to complete its review in a timely and efficient
manner. The parties do not intend to provide City with the ability to unreasonably toll the period
of limitations for recovery of any franchise fee or other fees payable under this Agreement.
7.4. Bundled Services: If Cable Services subject to the Franchise fee required under
this Article 7 are provided to Subscribers in conjunction with Non-Cable Services, the Franchise
fee shall be applied only to the value of the Cable Services, as reflected on the books and records
of Franchisee in accordance with FCC or state public utility regulatory commission mles,
regulations, standards or orders. Franchisee shall not allocate revenue between Cable Services
and Non-Cable Services for the purpose or with the intent of evading or substantially reducing
Franchisee's Franchise fee obligations to City. Measured or tariffed Telecommunications
Services that cannot be discounted under state or federal regulatory mles are excluded from the
allocation basis for the bundle discount.
7.5. Interest Charge on Late Payments: If any payments due under this Franchise
remain unpaid after the due date ("Past Due Amounts"), Franchisee shall pay the City interest on
such Past Due Amounts in addition to the Past Due Amounts. The interest shall accme on the
Past Due Amounts from the due date until it is paid in full ("Period of Delinquency").
Franchisee shall pay the City interest at a rate per annum equal to the highest Bank Prime Rate
during the Period of Delinquency plus one percent (10'0). The "Bank Prime Rate" shall mean the
prime lending rate as it appears in The Wall Street Journal during the Period of Delinquency.
The City's acceptance of payment shall not be constmed as an agreement that the amount paid
was correct, nor shall acceptance be constmed as a release of any claim which the City may have
for additional sums payable under provisions ofthis Article.
8. CONSUMER PROTECTION AND SERVICE STANDARDS
Consumer Protection and Service Standards are set forth in Exhibit D. which shall be
binding unless amended by written consent ofthe parties.
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9. REPORTS AND RECORDS
9.1. Audit of Franchise Fee Payments: Franchisee shall be required to comply with
this Section 9.1 only when all other cable operators in the Franchise Area are required to comply
with the material provisions of this Section 9.1. The scope of the initial audit shall be limited to
the records of the previous four (4) years which may include records from years prior to the time
Franchisee is required to comply with this Section 9.1.
9.1.1. City, or its designee, may conduct an audit or other inquiry in relation to
payments made by Franchisee, no more than once every four (4) years, during the Term. As part
of the audit process, City or its designee may inspect Franchisee's books of accounts relative to
City at any time during regular business hours and after thirty (30) calendar days' prior written
notice. The scope of such audit shall be limited to the records of the previous four (4) years.
9.1.2. Any audit conducted by City under this Section 9.1 will be conducted at
the City's sole expense; provided that if the audit results indicate Franchisee underpaid the
franchise fee by more than five percent (50'0), then Franchisee shall pay the reasonable,
documented, third-party costs of the audit, which costs shall be limited to Five Thousand Dollars
($5,000).
9.1.3. City agrees that any audit shall be performed in good faith. Any auditor
employed by City shall not be compensated on a success-based formula, e.g., payment based on
a percentage of underpayment, if any. Franchisee shall be provided a reasonable opportunity to
review the results of any audit and to dispute any audit results which indicate an underpayment
to City.
9.2. Open Books and Records: Subject to applicable law, and upon reasonable written
notice to Franchisee, which shall be no less than thirty (30) business days' written notice to
Franchisee, the City shall have the right to inspect, at any time during Nornlal Business Hours
and on a nondismptive basis, Franchisee's books and records, including all documents in
whatever form maintained, including electronic media, to the eJ\.ient such records pertain to
Franchisee's provision of Cable Service in the Franchise Area and are reasonably necessary to
ensure compliance with the ternlS of this Franchise. Such notice shall specifically reference the
section or subsection of this Franchise which is under review, so that Franchisee may organize
the necessary books and records for appropriate access by the City. Regardless of the usual and
customary location of such books and records, the books and records shall be made available for
inspection by the City at a location in the State of California mutually agreed upon by the parties.
Franchisee is not required to maintain any books and records for Franchise compliance purposes
longer than four (4) years. Notwithstanding anything to the contrary set forth herein, Franchisee
shall not be required to disclose infornlation that it reasonably deems to be proprietary or
confidential in nature, nor disclose any of its or an Affiliate's books and records not relating to
the provision of Cable Service in the Service Area; provided that no records that specifically
indicate Franchisee's Gross Revenues from the provision of Cable Service under this Franchise
shall be withheld from inspection by the City. The City agrees to treat any information derived
from records identified by Franchisee as being confidential or proprietary as confidential and
only to disclose it to employees, representatives, and agents thereof that have a need to know, or
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in order to enforce the provisions hereof. Franchisee shall not be required to provide Subscriber
infornlation in violation of Section 631 ofthe Communications Act, 471.T.S.C. S551.
9.3. Records Required: Franchisee shall at all times maintain:
9.3.1. Records of all written complaints for a period of four (4) years after
receipt by Franchisee. The ternl "complaint" as used herein refers to complaints about any
aspect of the Cable System or Franchisee's cable operations, including, without limitation,
complaints about employee courtesy. Complaints recorded will not be limited to complaints
requiring an employee service call;
9.3.2. Records of outages for a period of four (4) years after occurrence,
indicating date, duration, area, and the number of Subscribers affected, type of outage, and
cause:
9.3.3. Records of service calls for repair and maintenance for a period of four (4)
years after resolution by Franchisee, indicating the date and time service was required, the date
of acknowledgment and date and time service was scheduled (if it was scheduled), and the date
and time service was provided, and, if different, the date and time the problem was resolved;
9.3.4. Records of installationlreconnection and requests for service eJ\.iension for
a period of four (4) years after the request was fulfilled by Franchisee, indicating the date of
request, date of acknowledgment, and the date and time service was eJ\.iended; and
9.3.5. A file of records open to public inspection in accordance with applicable
FCC mles and regulations.
10. INSURANCE AND INDEMNIFICATION
10.1. Insurance:
10.1.1. Franchisee shall maintain in full force and effect. at its own cost and
expense, during the Franchise Ternl, the following insurance coverage:
10.1.1.1. Commercial General Liability Insurance in the amount of Two
Million Dollars ($2,000,000) combined single limit for property damage and bodily injury. Such
insurance shall cover the constmction, operation and maintenance of the Cable System, and the
conduct of Franchisee's Cable Service business in the Franchise Area.
10.1.1.2. Automobile Liability Insurance in the amount of Two Million
Dollars ($2,000,000) combined single limit for bodily injury and property damage coverage.
10.1.1.3. Workers' Compensation Insurance meeting all legal requirements
ofthe State of Califomia.
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10.1.1.4. Employer's Liability Insurance in the following anlOunts: (A)
Bodily hljury by Accident: $100,000; and (B) Bodily Injury by Disease: $100,000 employee
limit; $500,000 policy limit.
10.1.2. The City shall be designated as an additional insured under each of the
insurance policies required in this Article 10 except Workers' Compensation and Employer's
Liability Insurance.
10.1.3. Franchisee shall not cancel any required insurance policy without
submitting documentation to the City verifying that Franchisee has obtained altemative
insurance in confornlance with this Agreement.
10.1.4. Each of the required insurance policies shall be with sureties qualified to
do business in the State of Califomia, with an A- or better rating for financial condition and
financial perfornlance by Best's Key Rating Guide, Property/Casualty Edition.
10.1.5. Within thirty (30) days of the Effective Date of this Agreement,
Franchisee shall deliver to the City Certificates of Insurance showing evidence of the required
coverage.
10.2. Indemnification:
10.2.1. Franchisee shall indemnify, defend and hold harnlless the City, its
officers. agents, boards, and employees, from and against any liability for damages or claims
resulting from tangible property damage or bodily injury (including accidental death), to the
eJ\.ient proximately caused by Franchisee's negligent constmction, operation, or maintenance of
its Cable System; provided that the City shall give Franchisee written notice of its obligation to
indemnify the City within ten (10) days of receipt of a claim or action pursuant to this
subsection, or twenty (20) days provided that the timing of such notice does not prejudice
Franchisee. Notwithstanding the foregoing, Franchisee shall not indemnify the City, for any
damages, liability or claims resulting from the willful misconduct or negligence of the City, its
officers, agents, employees, attorneys, consultants, independent contractors or third parties, or
for any activity or function undertaken by any Person other than Franchisee in connection with
EG Access, or the use of the Emergency Alert System.
10.2.2. With respect to Franchisee's indemnity obligations set forth in
Subsection 10.2.1, Franchisee shall provide the defense of any claims brought against the City by
selecting counsel of Franchisee's choice to defend the claim, subject to the consent of the City,
which consent shall not be unreasonably withheld. Nothing herein shall be deemed to prevent
the City from cooperating with Franchisee and participating in the defense of any litigation by its
own counsel at its own cost and expense; provided, however, that after consultation with the
City, Franchisee shall have the right to defend, settle or compromise any claim or action arising
hereunder, and Franchisee shall have the authority to decide the appropriateness and the amount
of any such settlement. If the ternlS of any such proposed settlement do not include the release
of the City, and the City does not consent to the ternlS of any such settlement or compromise,
Franchisee shall not settle the claim or action but its obligation to indemnify the City shall in no
event exceed the amount of such proposed settlement.
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10.2.3. City shall hold Franchisee harnlless and shall be responsible for
danlages, liability, or claims resulting from the willful misconduct or negligence ofthe City.
10.2.4. TIle City shall be responsible for its own acts of willful misconduct or
negligence, or breach of obligation committed by the City for which the City is legally
responsible, subject to any and all defenses and limitations of liability provided by law.
Franchisee shall not be required to indemnify the City for acts of the City which constitute
willful misconduct or negligence on the part of the City, its officers, employees, agents,
attomeys, consultants, independent contractors or third parties.
11. TRANSFER OF FRANCHISE
11.1. Subject to Section 617 of the Communications Act, 471.T.S.C. S 537, no Transfer
of the Franchise shall occur without the prior consent of the City, provided that such consent
shall not be unreasonably withheld, delayed or conditioned.
11. 2. No such consent shall be required, however, for a transfer in tmst, by mortgage,
by other hypothecation, by assignment of any rights, title, or interest of Franchisee in this
Franchise or Cable System in order to secure indebtedness, or otherwise excluded under Section
11.3 below.
11.3. A Transfer of the Franchise does not include: a transfer of an ownership or other
interest in Franchisee to the parent of Franchisee or to another Affiliate of Franchisee; a transfer
of an interest in this Franchise or the rights held by Franchisee under this Franchise to the parent
of Franchisee or to another Affiliate of Franchisee; any action which is the result of a merger of
the parent of Franchisee; or any action which is the result of a merger of another Affiliate of
Franchisee. hl the event of a transfer excluded under this section, Franchisee must: (1) provide
to the City not less than thirty (30) days' prior written notice of that proposed transaction; (2)
provide infornlation conceming the ownership and voting interest in the proposed transferee; (3)
provide a list of officers, directors, and any new managing employees of the proposed transferee
and their cable-industry related experience; (4) represent that the proposed transaction will have
no foreseeable effect on the management and operation of Franchisee's Cable System in the
Franchise Area; and (5) ensure that any transferee or assignee shall, prior to consummation of
any transaction resulting in such a transfer or assiglmlent of this Franchise, agree in writing to be
bound by the ternlS of this Franchise and to assume the obligations and liabilities to the City of
its predecessor under this Franchise.
12. RENEWAL OF FRANCHISE
12.1. TIle City and Franchisee agree that any proceedings undertaken by the City that
relate to the renewal of this Agreement shall be govemed by and comply with the provisions of
Section 626 of the Communications Act, 471.T.S.C. S 546.
12.2. In addition to the procedures set forth in Section 626 of the Communications Act,
the City agrees to notify Franchisee of all of any assessments pertaining to future cable-related
community needs and interests, as well as the past performance of Franchisee under the then-
current term of this Agreement. The City further agrees that such assessments shall be provided
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to Franchisee promptly so that Franchisee has adequate time to submit a proposal under Section
626 and to complete renewal ofthis Agreement prior to expiration of its ternl.
12.3. Notwithstanding anything to the contrary set forth herein, Franchisee and the City
agree that at any time during the ternl of this Agreement, while affording the public appropriate
notice and opportunity to comment, the parties may agree to undertake and finalize informal
negotiations regarding renewal ofthis Agreement and the City may grant a renewal thereof.
12.4. Franchisee and the City consider the terms set forth in this Article 12 to be
consistent with the express provisions of Section 626 of the Communications Act. 47 1.T.S.C.
S 546.
13. ENFORCEMENT AND TERMINATION OF FRANCHISE
13.1. Security Fund Violations: City may assess amounts pursuant to the procedures
set forth in this Section 13.1 as an alternative remedy to commencing the remedial and
termination provisions set forth in Sections 13.2 through 13.6, inclusive, ofthis Agreement.
13.1.1. Creation of Security Fund: Within siJ\.iy (60) days following the
Effective Date of this Agreement, Franchisee shall establish and provide to City a security fund
("Security Fund") as security for the faithful perfornlance by Franchisee of all material
provisions ofthis Agreement. TIle Security Fund shall be in the amount of Six Thousand Dollars
($6,000) and shall be in the fornl of an irrevocable letter of credit, with all interest distributable
to Franchisee.
13.1.2. Amount of Security Fund: Franchisee shall maintain the Security Fund
at the Six Thousand Dollar ($6,000) level throughout the term of this Agreement; provided that
once City has begun to assess amounts pursuant to Section 13.1.3 below, Franchisee shall
replenish the Security Fund no more often than once annually; provided further that at intervals
no more often than each three (3) years, City shall have the right to require that the Six TIlOusand
Dollar ($6,000) anlOunt be increased to reflect changes in the Los Angeles Metropolitan Area
Consumer Price Index during the prior three (3) year period.
13.1.3. Procedure for Assessing Security Fund:
13.1.3.1. If Franchisee fails to perfornl in a timely manner any material
obligation required by this Franchise, City may assess an anlOunt from the Security Fund as set
forth below. Such assessment may be withdrawn from the Security Fund, and shall not
constitute a waiver by City of any other right or remedy it may have under this Franchise or
applicable law except as set forth in this Agreement, including without limitation its right to
recover from Franchisee such additional damages, losses, costs and expenses, as may have been
suffered or incurred by City by reason of or arising out of such breach ofthis Franchise.
13.1.3.2. Prior to assessing the Security Fund, City shall first notify
Franchisee of the violation in writing by personal delivery or registered or certified mail, and
demand correction or commencement of correction within a reasonable time. which shall not be
less than fifteen (15) days in the case of the failure of Franchisee to pay any sum or other anlOunt
due City under this Agreement, and thirty (30) days in all other cases. If Franchisee fails to
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demonstrate that a violation has not occurred. or to correct the violation within the time
prescribed, or if Franchisee fails to commence corrective action within the time prescribed and
diligently remedy such violation thereafter, or if the violation is not correctable, Franchisee shall
then be given written notice from City finding Franchisee in violation of this Agreement. Said
notice shall specify the violations alleged to have occurred.
13.1.3.3. After the time period set forth in Section 13.1.3.2 herein, in the
event that City finds that a material violation exists and that Franchisee has not corrected the
same in a satisfactory manner or has not diligently commenced correction of such violation, City
may request the City Council to assess an anlOunt from the Security Fund, of up to One Hundred
Dollars ($100) per day. Danlages shall be calculated as accming from the date of the violation.
13.1.3.4. If the City Council elects to assess an amount from the Security
Fund, pursuant to the provisions of this Agreement, then such election shall constitute City's
exclusive remedy for a period of siJ\.iy (60) days. Thereafter, City may pursue any available
remedy, including those set forth in Sections 13.2 through 13.6, inclusive, below.
13.1.3.5. If a dispute arises out of or relates to this Franchise resulting in
City's assessment from the Security Fund of any amounts pursuant to this Section 13.1, and if
the dispute cannot be settled through good faith negotiations, then the parties agree to first try in
good faith to settle the dispute by mediation administered by the American Arbitration
Association under its Commercial Mediation Procedures before resorting to arbitration. Any
dispute that arises out of or relates to this Franchise resulting in the imposition of any anlOunt as
set forth in this Section 13.1 that the parties cannot resolve in mediation shall be settled by
arbitration administered by the American Arbitration Association in accordance with its
Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be
entered in any court having jurisdiction thereof.
13.1.4. Franchisee Representations: If City's action or taking is found to be
improper by any court or agency of competent jurisdiction, Franchisee shall be entitled to a
refund ofthe funds plus interest and/or any other award such court or agency shall make.
13.1.5. City Representations: Notwithstanding any provision in this Franchise
to the contrary, in the event that City believes that Franchisee has not complied with the ternlS of
this Franchise, City agrees that it shall infornlally discuss such noncompliance with Franchisee.
If these discussions do not lead to resolution of said noncompliance, then City shall notify
Franchisee in writing of the exact nature of the alleged noncompliance prior to withdrawing any
funds and/or liquidated damage amounts from the Security Fund. City shall not assess any
amounts from the Security Fund if Franchisee provides written notice within the notice periods
set forth in Section 13.1.3.2 that Franchisee is initiating the dispute resolution process set forth in
Section 13.1.3.5.
13.2. Notice of Violations Not Sui'1ect to Security Fund: hl the event that City believes
that Franchisee has not complied with the ternlS of this Franchise, and City declines to assess
amounts from the Security Fund, City shall first informally discuss the matter with Franchisee
prior to invoking its remedies as set forth in Sections 13.3 to 13.6, inclusive, herein. If these
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discussions do not lead to resolution of the problem, then City shall notify Franchisee in writing
ofthe exact nature ofthe alleged noncompliance.
13.3. Franchisee's Right to Cure or Respond: For violations not subject to the Security
Fund, Franchisee shall have fifteen (15) days in the case of the failure of Franchisee to pay any
sum or other amount due City under this Agreement, and thirty (30) days in all other cases, from
receipt of the written notice described in Section 13.2 to: (i) respond to City, if Franchisee
contests (in whole or in part) the assertion of noncompliance; (ii) cure such default; or (iii) in the
event that, by the nature of default, such default cannot be cured within the thirty (30) day
period, initiate reasonable steps to remedy such default and notify City of the steps being taken
and the projected date that they will be completed.
13.4. Hearing: In the event that Franchisee fails to respond to the written notice
described in Section 13.2, or in the event that the alleged default is not remedied within thirty
(30) days or the date projected pursuant to Section 13.3(iii) above, if it intends to continue its
investigation into the default, then City shall schedule a hearing. City shall provide Franchisee at
least thirty (30) business days' prior written notice of such hearing, which will specify the time,
place and purpose of such hearing, and provide Franchisee the opportunity to be heard.
13.5. Enforcement: Subject to applicable federal and state law, in the event City, after
the hearing set forth in Section 13.4, deternlines that Franchisee is in default of any provision of
this Franchise, City may:
13.5.1. Seek specific perfornlance of any prOVISion, which reasonably lends
itselfto such remedy, as an altemative to damages; or
13.5.2. Commence an action at law for monetary danlages or seek other
equitable relief; or
13.5.3. hl the case of a substantial material default of a material provision of the
Franchise. seek to revoke this Franchise in accordance with Section 13.6.
13.6. Revocation: Should City seek to revoke this Franchise after following the
procedures set forth in Sections 13.2 through 13.5 above, City shall give written notice to
Franchisee of its intent. TIle notice shall set forth the exact nature of the noncompliance.
Franchisee shall have siJ\.iy (60) days from such notice to object in writing and to state its reasons
for such objection. In the event City has not received a satisfactory response from Franchisee, it
may then seek termination of this Franchise at a public hearing. City shall cause to be served
upon Franchisee, at least thirty (30) days prior to such public hearing, a written notice specifying
the time and place of such hearing and stating its intent to revoke this Franchise.
13.6.1. At the designated hearing, Franchisee shall be provided a fair opportunity
for full participation, including the right to be represented by legal counsel, to introduce relevant
evidence; to require the production of evidence; to compel the relevant testimony of the officials,
agents, employees or consultants of City; to compel the testimony of other persons as permitted
by law; and to question and/or cross examine witnesses. A complete verbatim record shall be
made of such hearing.
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13.6.2. Following the public hearing, Franchisee shall be provided up to thirty
(30) days to submit its proposed findings and conclusions in writing and thereafter City shall
determine (i) whether an event of default has occurred; (ii) whether such event of default is
excusable; and (iii) whether such event of default has been cured or will be cured by Franchisee.
City shall also determine whether to revoke the Franchise based on the information presented, or,
where applicable, grant additional time to Franchisee to effect any cure. If City deternlines that
this Franchise shall be revoked, City shall promptly provide Franchisee with a written decision
setting forth its reasoning. Franchisee may appeal such deternlination of City to an appropriate
court, which shall have the power to review the administrative record as supplemented in good
faith by the parties de novo. Franchisee shall be entitled to such relief as the court finds
appropriate. Such appeal must be taken within siJ\.iy (60) days of Franchisee's receipt of the
deternlination ofthe franchising authority.
13.6.3. City may, at its sole discretion, take any lawful action which it deems
appropriate to enforce City's rights under this Franchise in lieu of revocation ofthis Franchise.
13.7. Franchisee Termination: Franchisee shall have the right to terminate this
Franchise and all obligations hereunder within ninety (90) days after the end of three (3) years
from the Service Date, if. at the end of such three (3) year period, Franchisee does not then in
good faith believe it has achieved a commercially reasonable level of Subscriber penetration on
its Cable System. Franchisee may consider Subscriber penetration levels outside the Franchise
Area in this determination. Notice to terminate under this Section 13.7 shall be given to the City
in writing, with such termination to take effect no sooner than two hundred ten (210) days after
giving such notice. Franchisee shall also be required to give its then current Subscribers not less
than one hundred eighty (180) days' prior written notice of its intent to cease Cable Service
operations.
14. MISCELLANEOUS PROVISIONS
14.1. Actions of Parties: In any action by the City or Franchisee that is mandated or
pernlitted under the ternlS of this Agreement, each party shall act in a reasonable, expeditious,
and timely manner. FurthernlOre, in any instance where approval or consent is required under
the terms of this Agreement, that approval or consent shall not be unreasonably withheld.
delayed or conditioned.
14.2. Binding Acceptance: This Agreement shall bind and benefit the parties and their
respective heirs. beneficiaries. administrators. executors. receivers. tmstees. successors and
assigns.
14.3. Preemption: If federal or state law, mles, or regulations preempt a provision or
limit the enforceability of a provision of this Agreement, the provision shall be read to be
preempted to the eJ\.ient, and for the time, but only to the eJ\.ient and for the time, required by law.
If such federal or state law, mle or regulation is subsequently repealed, rescinded, amended or
otherwise changed so that the provision hereof that had been preempted is no longer preempted,
that provision shall thereupon return to full force and effect, and shall thereafter be binding on
the parties, without the requirement of further action on the part of the City.
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14.4. Force Afa/ellre: Franchisee shall not be held in default under, or in
noncompliance with, the provisions of this Agreement, nor suffer any enforcement or penalty
relating to noncompliance or default, where such noncompliance or alleged default was caused
by a Force Majeure event. To the eJ\.ient there is a Force Majeure event, Franchisee shall take
reasonable steps within its power to correct problems resulting from such Force Majeure event.
14.4.1. Furthermore, the parties hereby agree that it is not the City's intention to
subject Franchisee to penalties, fines, forfeitures or revocation of this Franchise for violations of
this Franchise where Franchisee demonstrates that the violation was a good faith error that
resulted in no or minimal negative impact on Subscribers, or where Franchisee demonstrates that
strict perfornlance would result in practical difficulties and hardship being placed upon
Franchisee which outweigh the benefit to be derived by the City and/or Subscribers.
14.5. Notices: Notices, requests, demands, and other communications to be given by
either party must be in writing and may be effected by personal delivery, by facsimile
transmission, by overnight courier, by first class mail, or by certified mail, return receipt
requested. Each party may change its designated representative by providing written notice to
the other party.
Notices to Franchisee shall be mailed to:
Verizon California Inc.
Attn: Tim McCallion. President Pacific Region
112 Lakeview Canyon Road
TIlOusand Oaks. CA 91362
with a copy to:
Mr. Jack H. White
Senior Vice President & General Counsel- Verizon Telecom
One Verizon Way, Room VC43EOlO
Basking Ridge, NJ 07920-1097
Notices to the City shall be mailed to:
City Manager
City of Temecula
43200 Business Park Drive
Temecula. CA 92590
14.6. Entire Agreement: TIlis Agreement and the attached Exhibits constitute the entire
agreement between Franchisee and the City, and it supersedes all prior or contemporaneous
agreements, representations or understandings of the parties, whether verbal or written, regarding
its subj ect matter.
14.7. Captions: The captions and headings of articles, sections. and subsections
throughout this Agreement are intended solely to facilitate reading and reference to the sections
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and provisions of this Agreement. Such captions shall not affect the meaning or interpretation of
this Agreement.
14.8. Severahility: If any section, subsection, sentence, paragraph, ternl, or provision of
this Agreement is deternlined to be illegal, invalid, or unconstitutional by any court of competent
jurisdiction, or by any state or federal regulatory authority having jurisdiction, such
determination shall have no effect on the validity of any other section, subsection, sentence,
paragraph, term or provision of this Agreement, all of which will remain in full force and effect
for the ternl of this Agreement.
14.9. Recitals: The recitals set forth in this Agreement are incorporated into the body
ofthis Agreement.
14.10. Modification: This Agreement shall not be modified except by written instmment
executed by both parties.
14.11. FTTP Network Transfer Prohibition: Under no circumstance including, without
limitation, upon expiration, revocation, ternlination, denial of renewal of the Franchise or any
other action to forbid or disallow Franchisee from providing Cable Services, shall Franchisee or
its assignees be required to sell any right, title, interest, use or control of any portion of
Franchisee's FTTP Network including, without limitation, the Cable System or any capacity
used for Cable Service or otherwise, to the City or any third party. Franchisee shall not be
required to remove or to relocate the FTTP Network, or any portion thereof, as a result of
revocation, expiration, ternlination, denial of renewal, or any other action to forbid or disallow
Franchisee from providing Cable Services. TIlis provision is not intended to contravene EG
requirements set forth in this Agreement.
14.12. Construction of Agreement: City and Franchisee each acknowledge that they
have received independent legal advice in entering into this Agreement. If a dispute arises over
the meaning or application of any provisions of this Agreement, such provisions shall not be
constmed by the reference to any doctrine calling for ambiguities to be constmed against the
drafter ofthe Agreement.
14.13. Authority: The Persons signing below represent that they have the requisite
authority to bind the entities on whose behalfthey are signing.
SIGNATURE PAGE FOLLOWS
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TO EFFECTUATE THIS AGREEMENT, each ofthe parties has caused this Agreement
to be executed by its duly authorized representative on the date set forth below the authorized
signature.
APPROVED AS TO FORM:
CITY OF TEMECLTLA
City Attorney
Mayor
Date:
ATTEST:
City Clerk
VERIZON CALIFORNIA INC..
a California corporation
By:
Tim McCallion.
President-Pacific Region
Date:
EXHIBITS
Exhibit A: Service Area Maps
Exhibit B: Municipal Buildings to Be Provided Free Cable Service
Exhibit C: EG Channels and Support
Exhibit D: Consumer Protection and Service Standards
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EXIDBIT A - SERVICE AREA MAPS
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EXHIBIT B
MUNICIPAL BUILDINGS TO BE PROVIDED FREE CABLE SERVICE
Pursuant to Section 3.3 of this Agreement, Franchisee shall provide, without charge, one service
outlet activated for Basic Service to the following buildings used for municipal purposes.
Citv Facilities:
D City Hall
43200 Business Park Drive
D Field Operations Center
43210 Business Park Drive
D Community Recreation Center
30875 Rancho Vista Road
D Mary Phillips Senior Center
41845 6th Street
D Temecula Community Center
28816 Pujol Street
D Temecula Valley Museum
28314 Mercedes Street
D Imagination Workshop, TIle Temecula Children's Museum
42081 Main Street
D Old Town Temecula Community Theater
42051 Main Street
D Harveston Community Park Community Building
28582 Harveston Drive
D Fire Station No. 12
28330 Mercedes Street
D Fire Station No. 73
27415 Enterprise Circle West
D Fire Station No. 84
30650 Pauba Road
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D Fire Station No. 92
32364 Overland Trail
D Temecula Police Department/Southwest County Detention Center
30755-A Auld Road
D Old Town Police Sub-Station
28410 Old Town Front Street. Suite 105
D Promenade Mall Police Sub-Station
40820 Winchester Road. Suite 1870
Temecula Vallev Unified School District Facilities:
D District Office
31350 Rancho Vista Road
D Maintenance and Operations/Transportation
40516 Roripaugh Road
D Chaparral High School
27215 Nicholas Road
D Great Oaks High School
32555 Deer Hollow Way
D Rancho Vista High School
31340 Rancho Vista Road
D Temecula Valley High School
21555 Rancho Vista Road
D Erie Stanley Gardner Middle School
45125 Via Del Coronado
D James L. Day Middle School
40775 Camino Campos Verdes
D Margarita Middle School
30600 Margarita Road
D Temecula Middle School
42075 Meadows Parkway
D Vail Ranch Middle School
33340 Camino Piedra Rojo
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D Abby Reinke Elementary School
43799 Sunny Meadow Drive
D Helen Hunt Jackson Elementary School
32400 Camino San Dimas
D Crowne Hill Elementary
33535 Old Kent Road
D Paloma Elementary School
42940 Via Rami
D Pauba Valley Elementary School
22125 Regina Drive
D Rancho Elementary School
31530 La Serena Way
D Redhawk Elementary School
32045 Camino San Jose
D Sparkman Elementary School
32225 Pio Pi co Road
D Temecula Elementary School
41951 Moraga Road
D Vail Elementary School
29915 Mira Loma Drive
D Vintage Hills Elementary School
42240 Camino Romo
D Ysabel Barnett Elementary School
39925 Harveston Drive
Countv Facilities:
D Temecula Branch Library
41000 County Center Drive
Future Citv Facilities:
Franchisee shall provide, without charge, one service outlet activated for Basic Service to the
following municipal buildings, which are planned or under constmction, if and when the
incumbent cable operator serving the City provides a similar service to that location.
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D Temecula Public Library
30620 Pauba Road
D Wolf Creek Fire Station
32211 Wolf Valley Road
D Roripaugh Fire Station
32121 S. Loop Road
D Patricia H. Birdsall Sports Park (fornlerly Wolf Creek Sports Complex)
31621 Deer Hollow Way
D New City Hall
TBD - (comer of Main St. and Mercedes St.)
D New Field Operations Center
43230 Business Park Drive
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EXHIBIT C
EG CHANNELS AND SUPPORT
TIle obligations of Franchisee that relate to the support of local cable usage, including the
provision of adequate educational and govenmlental access channel capacity and financial
support, are set forth in this Exhibit C.
A. Set Aside orEG Access Channels:
1. In order to ensure universal availability of educational and government
programming, Franchisee shall provide on the Basic Service Tier one (1) dedicated Educational
and Govenmlental Access Channel ("EG Access Channel") within 120 days of the Service Date
or of notice that the City is ready and able to transmit programming from City Hall, whichever is
later. Within ten (10) days after the Effective Date of this Agreement, City shall infornl
Franchisee of the general nature of the programming to be carried on the initial EG Channels set
aside by Franchisee. City authorizes Franchisee to transmit such programming within and
outside the Franchise Area.
2. Franchisee will reserve two (2) additional EG Access Channels dedicated
exclusively to EG purposes pursuant to the following criteria:
(a) City must have a documented need for additional programming capacity
that cannot be fulfilled by existing EG Access Channel(s);
(b) the existing EG Access Channel(s) must be utilized for EG programming
within the City for at least eight (8) hours per day;
(c) all cable providers within the Franchise Area similarly provide such
additional EG Access ChanneL and
(d) as long as the origination point is an existing one in the Service Area, any
additional EG Access Channel to be provided under this subsection, shall be made available by
Franchisee within one hundred twenty (120) days following the City's written request and
verification of compliance with each of the foregoing conditions. TIlis written request shall
constitute City's authorization for Franchisee to transmit the EG Access Channel within and
outside the Franchise Area. Ifthe origination point is not an existing one in the Service Area, the
timing of the availability and other conditions will be by mutual agreement of the parties. In no
event shall the origination point be located outside the Franchise Area.
3. All EG Access Channels will be on the Basic Service Tier and will be fully
accessible to Subscribers, consistent with FCC regulations. Franchisee will ensure that the signal
quality for all EG Access Channels is in compliance with all applicable FCC technical standards.
Franchisee will use equipment and procedures that will minimize the degradation of signals that
do not originate with the Franchisee.
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4. If an EG Access Channel provided under this Exhibit C is not being utilized by
the City, Franchisee may utilize such EG Access Channel, in its sole discretion, until such time
as City elects to utilize the EG Access Channel for its intended purpose. Franchisee shall
rededicate the EG Access Channel within siJ\.iy (60) days of receipt of a written request from the
City.
B. Obligations ofProdueers and Users
TIle City shall require all local producers and users of any of the EG facilities or
Channels to agree in writing to authorize Franchisee to transmit programming consistent with
this Agreement and to defend and hold harnlless Franchisee and the City, from and against any
and all liability or other injury, including the reasonable cost of defending claims or litigation,
arising from or in connection with claims for failure to comply with applicable federal laws,
mles, regulations or other requirements of local, state or federal authorities; for claims of libel,
slander, invasion of privacy, or the infringement of common law or statutory copyright; for
unauthorized use of any trademark, trade name or service mark; for breach of contractual or
other obligations owing to third parties by the producer or user; and for any other injury or
damage in law or equity, which result from the use of an EG facility or Channel.
C. Cost Reeovel}'
To the eJ\.ient pernlitted by federal law, Franchisee shall be allowed, but is not required, to
recover from Subscribers the costs of an Annual EG Grant or any other costs arising from the
provision of EG services and to include such costs as a separately billed line item on each
Subscriber's bill.
D. Support ofLoeal Cable Usage:
1. Franchisee shall provide an annual grant to City to be used in support of the
production of local EG progranlming and any INET provided by another cable operator (the
"AllllUal EG Grant"). Such grant shall be used by City for EG access equipment, including, but
not limited to, studio and portable production equipment, editing equipment and program
playback equipment, for renovation or constmction of EG access facilities, or in support of the
ongoing costs of operating the INET.
2. The Annual EG Grant provided by Franchisee hereunder shall be up to the sum of
$0.65. per month, per Subscriber in the Service Area to Franchisee's Basic Service Tier as
determined by the Temecula City Council. The Annual EG Grant payment, along with a brief
summary of the Subscriber infornlation upon which it is based, shall be delivered to City within
siJ\.iy (60) days after the begilllling of each calendar year during the Franchise Ternl.
Franchisee's obligation to pay the Annual EG Grant is contingent on the incumbent cable
operator providing comparable support on a per Subscriber basis. City shall give Franchisee
siJ\.iy (60) days prior written notice before requiring payments under this section.
3. The City shall provide Franchisee with a complete accounting annually of the
distribution of funds granted pursuant to this Section.
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EXHIBIT D
CONSUMER PROTECTION AND SERVICE STANDARDS
These standards shall, starting six months after the Service Date, apply to Franchisee to the
eJ\.ient it is providing Cable Services over the Cable System in the Franchise area. During the
initial six months after the Service Date, Franchisee will use all reasonable efforts to comply
with these standards.
SECTION 1: DEFINITIONS
A. Resoond: Franchisee's investigation of a Service Interruption by recelvmg a
Subscriber call and opening a trouble ticket, if required.
B. Si0lificant Outage: A significant outage of the Cable Service shall mean any
Service Interruption lasting at least four (4) continuous hours that affects at least ten percent
(1000) ofthe Subscribers in the Service Area.
C. Service Call: The action taken by Franchisee to correct a Service Intermption the
effect of which is limited to an individual Subscriber.
D. Standard hlstallation: Installations where the subscriber is within one hundred
twenty five (125) feet oftmnk or feeder lines.
SECTION 2: TELEPHONE AVAILABILITY
A. Franchisee shall maintain a toll-free number to receive all calls and inquiries from
Subscribers in the Franchise Area and/or residents regarding Cable Service. Franchisee
representatives trained and qualified to answer questions related to Cable Service in the Service
Area must be available to receive reports of Service Interruptions twenty-four (24) hours a day,
seven (7) days a week, and other inquiries at least forty-five (45) hours per week. Franchisee
representatives shall identify themselves by name when answering this number.
B. Franchisee's telephone numbers shall be listed, with appropriate description (e.g.
administration, customer service, billing, repair, etc.), in the directory published by the local
telephone company or companies serving the Service Area, beginning with the neJ\.i publication
cycle after acceptance of this Franchise by Franchisee.
C. Franchisee may use an Automated Response Unit ("ARU") or a Voice Response
Unit ("VRU") to distribute calls. If a foreign language routing option is provided, and the
Subscriber does not enter an option, the menu will default to the first tier menu of English
options.
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After the first tier menu (not including a foreign language rollout) has mn through three
times, if customers do not select any option, the ARLT or VRLT will forward the call to a queue
for a live representative. Franchisee may reasonably substitute for this requirement another
method of handling calls from customers who do not have touch tone telephones.
D. Under Nornlal Operating Conditions, calls received by Franchisee shall be
answered within thirty (30) seconds. Franchisee shall meet this standard for ninety percent
(900'0) ofthe calls it receives at all call centers receiving calls from Subscribers, as measured on a
cumulative quarterly calendar basis. Measurement of this standard shall include all calls
received by Franchisee at all call centers receiving calls from Subscribers, whether they are
answered by a live representative, by an automated attendant, or abandoned after 30 seconds of
call waiting.
E. Under Nornlal Operating Conditions, callers to Franchisee shall receive a busy
signal no more than three (30'0) percent of the time during any calendar quarter.
F. Upon request from the City, but in no event more than once a quarter thirty (30)
days following the end of each quarter, Franchisee shall report to the City the following for all
call centers receiving calls from Subscribers except for temporary telephone numbers set up for
national promotions:
(1)
Subsection 2.D.
Percentage of calls answered within thirty (30) seconds as set forth III
(2) Percentage of time customers received busy signal when calling the
Verizon service center as set forth in Subsection 2.E.
Subject to consumer privacy requirements, underlying activity will be made available to
the City for review upon reasonable request.
G. At Franchisee's option, the measurements and reporting above may be changed
from calendar quarters to billing or accounting quarters. Franchisee shall notify the City of such
a change at least thirty (30) days in advance of any implementation.
SECTION 3: INSTALLATIONS AND SERVICE APPOINTMENTS
A. All installations will be in accordance with FCC mles, including but not limited
to, appropriate grounding, connection of equipment to ensure reception of Cable Service, and the
provision of required consumer infornlation and literature to adequately infornl the Subscriber in
the utilization of Franchisee-supplied equipment and Cable Service.
B. Unless otherwise agreed to by a customer and Franchisee. the Standard
Installation shall be performed within seven (7) business days after the placement of the Optical
Network Terminal ("ONT") on the customer's premises or within seven (7) business days after
an order is placed if the ONT is already installed on the customer's premises.
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Franchisee shall meet this standard for ninety-five percent (950'0) of the Standard
Installations it performs, as measured on a calendar quarter basis, excluding customer requests
for connection later than seven (7) business days after ONT placement or later than seven (7)
business days after an order is placed ifthe ONT is already installed on the customer's premises.
C. Franchisee shall provide the City with a report upon request from the City, but in
no event more than once a quarter thirty (30) days following the end of each quarter, noting the
percentage of Standard Installations completed within the seven (7) day period, excluding those
requested outside of the seven (7) day period by the Subscriber. Subject to consumer privacy
requirements, underlying activity will be made available to the City for review upon reasonable
request.
At Franchisee's option, the measurements and reporting of above may be changed from
calendar quarters to billing or accounting quarters. Franchisee shall notify the City of such a
change not less than thirty (30) days in advance.
D. Franchisee will offer Subscribers "appointment window" alternatives for arrival
to perform installations, Service Calls and other activities of a maximum four (4) hours
scheduled time block during appropriate daylight available hours, usually beginning at 8:00 AM
unless it is deemed appropriate to begin earlier by location exception. At Franchisee's
discretion, Franchisee may offer Subscribers appointment arrival times other than these four (4)
hour time blocks. if agreeable to the Subscriber. These hour restrictions do not apply to
weekends.
SECTION 4: SERVICE INTERRUPTIONS AND OUT AGES.
A.
Service.
Franchisee shall promptly notify the City of any Significant Outage of the Cable
B. Franchisee shall exercise commercially reasonable efforts to limit any Significant
Outage for the purpose of maintaining, repairing, or constmcting the Cable System. Except in an
emergency or other situation necessitating a more expedited or altemative notification procedure,
Franchisee may schedule a Significant Outage for a period of more than four (4) hours during
any twenty- four (24) hour period only after the City and each affected Subscriber in the Service
Area have been given fifteen (15) days prior notice ofthe proposed Significant Outage.
C. Franchisee representatives who are capable of responding to Service Interruptions
must be available to Respond twenty-four (24) hours a day, seven (7) days a week.
D. Under Nornlal Operating Conditions, Franchisee must Respond to a call from a
Subscriber regarding a Service Interruption or other service problems within the following time
frames:
(1) Within twenty-four (24) hours, including weekends, of receiving
subscriber calls respecting Service hltemlptions in the Service Area.
11086-0068898250vl
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(2) Franchisee must begin actions to correct all other Cable Service
problems the neJ\.i business day after notification by the Subscriber or the City of a Cable Service
problem.
E. Under Nornlal Operating Conditions, Franchisee shall complete Service
Calls within seventy-two (72) hours of the time Franchisee commences to Respond to the
Service hltemlption, not including weekends and situations where the Subscriber is not
reasonably available for a Service Call to correct the Service Interruption within the seventy-two
(72) hour period.
F. Franchisee shall meet the standard in Subsection E. of this Section for ninety
percent (900'0) ofthe Service Calls it completes, as measured on a quarterly basis.
G. Franchisee shall provide the City with a report upon request from the City, but in
no event more than once a quarter within thirty (30) days following the end of each calendar
quarter, noting the percentage of Service Calls completed within the seventy-two (72) hour
period not including Service Calls where the Subscriber was reasonably unavailable for a Service
Call within the seventy-two (72) hour period as set forth in this Section. Subject to consumer
privacy requirements, underlying activity will be made available to the City for review upon
reasonable request. At Franchisee's option, the above measurements and reporting may be
changed for calendar quarters to billing or accounting quarters. Franchisee shall notify the City
of such a change at least thirty (30) day in advance.
H. Under Normal Operating Conditions, Franchisee shall provide a credit upon
Subscriber request when all Channels received by that Subscriber are out of service for a period
of four (4) consecutive hours or more. TIle credit shall equal, at a minimum, a proportionate
amount of the affected Subscriber(s) current monthly bill. In order to qualify for the credit, the
Subscriber must promptly report the problem and allow Franchisee to verify the problem if
requested by Franchisee. If Subscriber availability is required for repair, a credit will not be
provided for such time, if any, that the Subscriber is not reasonably available.
1. Under Nornlal Operating Conditions, if a Significant Outage affects all Video
Programming Cable Services for more than twenty-four (24) consecutive hours, Franchisee shall
issue an automatic credit to the affected Subscribers in the amount equal to their monthly
recurring charges for the proportionate time the Cable Service was out, or a credit to the affected
subscribers in the amount equal to the charge for the basic plus enhanced basic level of service
for the proportionate time the Cable Service was out, whichever is technically feasible or, if both
are technically feasible, as deternlined by Franchisee provided such deternlination is non-
discriminatory. Such credit shall be reflected on Subscriber billing statements within the neJ\.i
available billing cycle following the outage.
1. With respect to service issues concerning cable services provided to City
facilities, Franchisee shall Respond to all inquiries from the City within four (4) hours and shall
commence necessary repairs within twenty-four (24) hours under Nornlal Operating Conditions.
11086-0068898250vl
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If such repairs cannot be completed within twenty-four (24) hours, Franchisee shall notify the
City in writing as to the reason(s) for the delay and provide an estimated time of repair.
SECTION 5: CUSTOMER COMPLAINTS
Under Nornlal Operating Conditions, Franchisee shall investigate Subscriber
complaints referred by the City within seventy-two (72) hours. Franchisee shall notify the City of
those matters that necessitate an excess of seventy-two (72) hours to resolve, but those matters
must be resolved within fifteen (15) days of the initial complaint. The City may require
reasonable documentation to be provided by Franchisee to substantiate the request for additional
time to resolve the problem. For purposes of this Section, "resolve" means that Franchisee shall
perfornl those actions, which, in the nornlal course of business, are necessary to investigate the
Customer's complaint, advise the Customer of the results of that investigation and take all
commercially reasonable actions to address that complaint.
SECTION 6: BILLING
A. Subscriber bills must be itemized to describe Cable Services purchased by
Subscribers and related equipment charges. Bills shall clearly delineate activity during the
billing period, including optional charges, rebates, credits, and aggregate late charges. Franchisee
shall, without limitation as to additional line items, be allowed to itemize as separate line items,
Franchise fees, taxes and/or other governmentally imposed fees. Franchisee shall maintain
records ofthe date and place of mailing of bills.
B. Every Subscriber with a current account balance sending payment directly to
Franchisee shall be given at least twenty (20) days from the date statements are mailed to the
Subscriber until the payment due date.
C. A specific due date shall be listed on the bill of every Subscriber whose account is
current. Delinquent accounts may receive a bill which lists the due date as upon receipt;
however, the current portion of that bill shall not be considered past due except in accordance
with Subsection 6.B. above.
D. Any Subscriber who, in good faith, disputes all or part of any bill shall have the
option of withholding the disputed amount without disconnect or late fee being assessed until the
dispute is resolved provided that:
(1) TIle Subscriber pays all undisputed charges;
(2) TIle Subscriber provides notification of the dispute to Franchisee within
five (5) days prior to the due date; and
(3) The Subscriber cooperates III determining the accuracy and/or
appropriateness ofthe charges in dispute.
11086-0068898250vl
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(4) It shall be within Franchisee's sole discretion to deternline when the
dispute has been resolved.
E. LTnder Normal Operating Conditions, Franchisee shall initiate investigation and
resolution of all billing complaints received from Subscribers within five (5) business days of
receipt ofthe complaint. Final resolution shall not be unreasonably delayed.
F. Franchisee shall provide a telephone number and address on the bill for
Subscribers to contact Franchisee.
G. Franchisee shall forward a copy of any Cable Service related billing inserts or
other mailing sent to Subscribers to the City upon request.
H. Franchisee shall provide all Subscribers with the option of paying for Cable
Service by check or an automatic payment option where the amount of the bill is automatically
deducted from a checking account designated by the Subscriber. Franchisee may in the future, at
its discretion, permit payment by using a major credit card on a preauthorized basis. Based on
credit history, at the option of Franchisee, the payment alternative may be limited.
SECTION 7: DEPOSITS. REFUNDS AND CREDITS
A. Franchisee may require refundable deposits from Subscribers with 1) a poor credit
or poor payment history, 2) who refuse to provide credit history information to Franchisee, or 3)
who rent Subscriber equipment from Franchisee, so long as such deposits are applied on a non-
discriminatory basis. TIle deposit Franchisee may charge Subscribers with poor credit or poor
payment history or who refuse to provide credit infornlation may not exceed an anlOunt equal to
an average Subscriber's monthly charge multiplied by six (6). TIle maximum deposit Franchisee
may charge for Subscriber equipment is the cost of the equipment which Franchisee would need
to purchase to replace the equipment rented to the Subscriber.
B. Franchisee shall refund or credit the Subscriber for the amount of the deposit
collected for equipment, which is unrelated to poor credit or poor payment history, after one year
and provided the Subscriber has demonstrated good payment history during this period.
Franchisee shall pay interest on other deposits if required law.
C. Under Normal Operating Conditions, refund checks will be issued within neJ\.i
available billing cycle following the resolution of the event giving rise to the refund, (e.g.
equipment retufll and final bill payment).
D. Credits for Cable Service will be issued no later than the Subscriber's neJ\.i
available billing cycle, following the determination that a credit is warranted, and the credit is
approved and processed. Such approval and processing shall not be unreasonably delayed.
11086-0068898250vl
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E. Bills shall be considered paid when appropriate payment is received by
Franchisee or its authorized agent. Appropriate time considerations shall be included in
Franchisee's collection procedures to assure that payments due have been received before late
notices or termination notices are sent.
SECTION 8: RATES. FEES AND CHARGES
A. Franchisee shall not, except to the eJ\.ient expressly pernlitted by law, impose any
fee or charge for Service Calls to a Subscriber's premises to perform any repair or maintenance
work related to Franchisee equipment necessary to receive Cable Service, except where such
problem is caused by a negligent or wrongful act of the Subscriber (including, but not limited to
a situation in which the Subscriber reconnects Franchisee equipment incorrectly) or by the
failure of the Subscriber to take reasonable precautions to protect Franchisee's equipment (for
exanlple, a dog chew).
B. Franchisee shall provide reasonable notice to Subscribers of the possible
assessment of a late fee on bills or by separate notice.
SECTION 9: DISCONNECTION /DENIAL OF SERVICE
A. Franchisee shall not terminate Cable Service for nonpayment of a delinquent
account unless Franchisee mails a notice of the delinquency and impending termination prior to
the proposed final termination. The notice shall be mailed to the Subscriber to whom the Cable
Service is billed. The notice of delinquency and impending ternlination may be part of a billing
statement.
B. Cable Service ternlinated in error must be restored without charge within twenty-
four (24) hours of notice. If a Subscriber was billed for the period during which Cable Service
was terminated in error, a credit shall be issued to the Subscriber if the Service Interruption was
reported by the Subscriber.
C. Nothing in these standards shall limit the right of Franchisee to deny Cable
Service for non-payment of previously provided Cable Services, refusal to pay any required
deposit, theft of Cable Service, damage to Franchisee's equipment, abusive and/or threatening
behavior toward Franchisee's employees or representatives, or refusal to provide credit history
information or refusal to allow Franchisee to validate the identity, credit history and credit
worthiness via an eJ\.iernal credit agency.
D. Charges for cable service will be discontinued at the time of the requested
ternlination of service by the subscriber, except equipment charges may by applied until
equipment has been returned. No period of notice prior to requested termination of service can
be required of Subscribers by Franchisee. No charge shall be imposed upon the Subscriber for or
related to total disconnection of Cable Service or for any Cable Service delivered after the
effective date ofthe disconnect request, unless there is a delay in retuming Franchisee equipment
11086-0068898250vl
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Execution Copy 6/16/06
or early ternlination charges apply pursuant to the Subscriber's service contract. If the
Subscriber fails to specify an effective date for disconnection, the Subscriber shall not be
responsible for Cable Services received after the day following the date the disconnect request is
received by Franchisee. For purposes of this subsection, the term "disconnect" shall include
Subscribers who elect to cease receiving Cable Service from Franchisee and to receive Cable
Service or other multi-channel video service from another Person or entity.
SECTION 10: COMMUNICATIONS WITH SUBSCRIBERS
A. All Franchisee personnel, contractors and subcontractors contacting Subscribers
or potential Subscribers outside the office of Franchisee shall wear a clearly visible identification
card bearing their name and photograph. Franchisee shall make reasonable effort to account for
all identification cards at all times. In addition, all Franchisee representatives shall wear
appropriate clothing while working at a Subscriber's premises. Every service vehicle of
Franchisee and its contractors or subcontractors shall be clearly identified as such to the public.
Specifically, Franchisee vehicles shall have Franchisee's logo plainly visible. The vehicles of
those contractors and subcontractors working for Franchisee shall have the contractor's /
subcontractor's name plus markings (such as a magnetic door sign) indicating they are under
contract to Franchisee.
B. All contact with a Subscriber or potential Subscriber by a Person representing
Franchisee shall be conducted in a courteous manner.
C. Franchisee shall send annual notices to all Subscriber informing them that any
complaints or inquiries not satisfactorily handled by Franchisee may be referred to the City.
D. All notices identified in this Section shall be by either:
(1) A separate document included with a billing statement or included on the
portion of the monthly bill that is to be retained by the Subscriber; or
(2) A separate electronic notification
E. Franchisee shall provide reasonable notice to Subscribers and to the City of any
pricing changes or additional changes (excluding sales discounts, new products or offers) and,
subject to the foregoing, any changes in Cable Services, including channel line-ups. Such notice
must be given to Subscribers and to the City a minimum of thirty (30) days in advance of such
changes if within the control of Franchisee. The copy of the notice provided to the City shall
state how and where the notice was or will be given to Subscribers.
F. Franchisee shall provide infornlation to all Subscribers about each of the
following items at the time of installation of Cable Services, annually to all Subscribers, at any
time upon request, and, subject to Subsection 1O.E., at least thirty (30) days prior to making
significant changes in the information required by this Section if within the control of
Franchisee:
11086-0068898250vl
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Execution Copy 6/16/06
(1) Products and Cable Service offered;
(2) Prices and options for Cable Services and condition of subscription to
Cable Services. Prices shall include those for Cable Service options, equipment rentals, program
guides, installation, downgrades, late fees and other fees charged by Franchisee related to Cable
Service;
(3) Installation and maintenance policies including, when applicable,
information regarding the Subscriber's in-home wiring rights during the period Cable Service is
being provided;
(4) Channel positions of Cable Services offered on the Cable System;
(5) Complaint procedures, including the name, address and telephone number
of the City, but with a notice advising the Subscriber to initially contact Franchisee about all
complaints and questions;
(6) Procedures for requesting Cable Service credit;
(7) TIle availability of a parental control device;
(8) Franchisee practices and procedures for protecting against mvaSlOn of
privacy; and
(9) TIle address and telephone number of Franchisee's office to which
complaints may be reported.
A copy of notices required in this Subsection 1O.F. will be given to the City at least
fifteen (15) days prior to distribution to subscribers ifthe reason for notice is due to a change that
is within the control of Franchisee and as soon as possible if not with the control of Franchisee.
G. Notices of changes in rates shall indicate the Cable Service new rates and old
rates, if applicable.
H. Notices of changes of Cable Services and/or Channel locations shall include a
description of the new Cable Service, the specific channel location, and the hours of operation of
the Cable Service if the Cable Service is only offered on a part-time basis. In addition, should
the channel location, hours of operation, or existence of other Cable Services be affected by the
introduction of a new Cable Service. such infornlation must be included in the notice.
1. Every notice of ternlination of Cable Service shall include the following
information:
(1) The name and address of the Subscriber whose account is delinquent;
11086-0068898250vl
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(2)
TIle amount ofthe delinquency for all services billed;
(3)
Cable Service; and
The date by which payment is required in order to avoid termination of
(4) TIle telephone number for Franchisee where the Subscriber can receive
additional infornlation about their account and discuss the pending ternlination.
11086-0068898250vl
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ITEM NO. 32
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Approvals
City Attorney
Director of Finance
City Manager
~r-
/JIL
9C
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
June 27,2006
SUBJECT:
Nicolas Valley Special Study (At the Request of Mayor Pro Tem Washington)
PREPARED BY:
Debbie Ubnoske, Director of Planning
RECOMMENDATION: That the City Council appoint two members to a Council Sub-
Committee and provide direction to staff on land uses and infrastructure in the Nicolas Valley.
BACKGROUND: This item is being brought to the City Council at the request of Mayor
Pro Tem Washington. During the recent General Plan Update, there were several requests for
smaller lot sizes to be allowed in the Nicolas Valley. Because this area is somewhat constrained
with respect to infrastructure, the City Council recommended that staff look at this area at a later
date. Subsequent to the General Plan Update, staff has received a few applications wherein the
request is for smaller lots and would require an amendment to the General Plan.
Staff is requesting that the Council appoint a sub-committee to work with staff to look at the existing
land use patterns in Nicolas Valley and make a recommendation on either staying with the existing
land use pattern or recommending a change to the minimum parcel sizes. Such a change could
create an incentive to construct the required infrastructure to support the area, potentially through
the formation of Assessment Districts.
FISCAL IMPACT:
NIA
DEPARTMENTAL
REPORTS
ITEM NO. 33
Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Howard Windsor, Fire Chief
DATE:
June 26,2007
SUBJECT:
Fire Department 2005 Year End Statistics
PREPARED BY:
Howard Windsor, Fire Chief
RECOMMENDATION:
Receive and File
BACKGROUND: Following are the City Fire Services statistics for 2005. The delay
in providing the information was due to a transition of technology that took place in our
Emergency Command Center (ECC) during the year. As a result, we were still in the
development phases of producing and verifying the data to ensure it met the quality standards
expected of such vital information.
A number of technology improvements were implemented during the year that has significantly
improved our ability to deliver services to the residents of the City. These improvements include:
o State of the art Computer Automated Dispatching System installed at Perris ECC
This system has decreased the processing time for the dispatching of 9-1-1 calls by 30-90
seconds over the previous system. The National Standard for processing a call is one-
minute or less from the time the call is received. Our ECC is currently meeting this standard
in 90 percent of all calls received.
D Printers in the Fire Stations
Printers have been placed in all City Fire Stations that activate with all dispatches sent out by
the ECC. This has nearly eliminated the need for voice dispatched location and certainly
reduced location reconciliation based on street spelling. This allows station personnel to
more efficiently prepare and respond to the call. More seconds are saved.
o Wireless Communication
Temecula City Fire Stations, due to the technology infrastructure already in place, are testing
the transfer of data from the ECC to the front-line responding units Mobile Data Computers
(MDC's). This will eliminate the need to manually input the data in to the mobile mapping
software to route personnel to the call. Again, saving precious seconds within the process...
During the remainder of this year, additional technology advancements will be refined and
implemented to find ways to continue to reduce seconds, to the greatest extent possible.
The attached statistics are broken down into three areas of primary service provided under the
contract. Operations; those calls responded to by the Fire Engine and Truck Company Staff,
Medic Squads; those calls responded to by the two medic squads staffed at Fire Stations 73 and
84, and Fire Prevention; those services associated with our fire prevention staff. Primarily, the
duties associated with new construction activities within the City.
As you will see, we continue to meet the City's established service goal for a five-minute
response 90% of the time to all 9-1-1 calls within the City. As the Fire Chief, I continually monitor
our response time to ensure we evaluate any trends that could affect our ability to continually
meet this goal. One area of concern is growth, and its effect on response times as traffic service
levels increase in response to this growth.
The addition of the Roripaugh Fire Station will provide the coverage needed within this area of
the City as the Roripaugh Specific Plan builds out and to the infill in and around this
development. Another future Fire Station has been identified in the Capital Improvement Plan,
currently called "Promenade". The location for this future fire station has been identified along
North General Kearney Road cross of Margarita Road, across from James Day Middle School.
Currently, this project is shown outside the five-year projections, in the future year's category,
although it will need to be continually evaluated based on over-all response time impacts within
the City.
I shared the technology improvements early in the report so you as the policy makers
understand the diverse efforts being made to meet City service goals. Understandably, it is not
just about building Fire Stations, it is a multi-faceted approach that strikes an effective balance
toward the services we provide. Nearly 70 percent of what we provide to the community is in
response to medical emergencies (medical aids and traffic accidents). The Advanced Life
Support System of providing paramedics on our fire engines in the City is definitely placing the
right resources toward the appropriate priority and community benefit.
We continue to see an increased percentage of calls as expected in response to the growing
population in and around the City. On average, this will likely stay consistent over the coming
years with an approximate 6-10% increase each year. This increase is fairly consistent
throughout the County.
The Fire Prevention Bureau workload continues to be consistently demanding as the City's
commercial and residential growth expands. In response to meeting the needs of the
community and the City's service goals, we are looking at some internal re-organization to
maximize our personnel service resources. As such, we have started to utilize outside plan
checking services to balance both our plan checking and inspection service needs. In doing so,
we are able to utilize the Prevention staff's valued resources in the area where they are of
greatest benefit to the community.
We encourage all Council Members, Commission Members, and City Manager Staff to tour any
Fire Department facility and experience the functions provided under the contract. These
functions are critical components to the City's point of service needs. Many of the services
performed on a daily basis will be required to effectively assist the City during times of disaster.
We openly and continually promote the review of our emergency response process to ensure
the City of Temecula, as a valued customer is always receiving the services expected within the
contract.
FISCAL IMPACT:
ATTACHMENTS:
None
2005 Fire Department Statistics
Temecu
Respo
~, rR1~ ~~
1J~@ ~LK~:~
2005 Station Year End Stats
Medical Aids
Traffic Collisions
Ringing Alarms - No Fire
Ringing Alarms - With Fire
Commercial Structure Fires
Residential Structure Fires
Multi-Family Dwelling Fires
Vegetation Fires
Other Fires
False Alarms
Public Service Assists
Fire Menace Standbys
Haz Mats
Rescues
Total
% of Calls on Scene in 5 min or less
Average Response Times (Min)
~
.
3317 871 Station 12 Total 1184
715 205 Station 73 Total 1618
325 61 Station 83 Total 985
2 0 Station 84 Total 1493
12 3 Station 92 Total 1336
21 15
2 0
20 33
72 33
232 56 2004 Total Calls 6230
258 60 2005 Total Calls 6616
104 36 2005 Cal/lncrease 6.20%
20 9
13 6
5228 1388
90%
3.9
I
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Time Committed (Hours)
Suppression Personnel
~)' Activities
School Programs
Station Tours
Fairs and Displays
Company Inspections
LE-38 Dooryard Inspections
Burning Permits Issued
Pre Plans
Total
7.56
I
80
82
120
871
1998
78
32
3261
~~
~;>miLm'\!'~~ _
2005
~
Emergency Acivity
~:~
Medical Aids 3238
Traffic Collisions 743
Rescues 8
Commercial Structure Fires 38
Residential Structure Fires 69
Vehicle Fires 6
Vegetation Fires 4
Improvement Fires 0
Refuse Fires 6
Ringing Alarms 16
Public Service Assists 38
Fire Menace Standbys 9
Haz Mats 7
Cover Assigrnnents 2
Other Incidents 12
Total 4196
% of Calls on Scene in 5 min or less 91%
Average Re~ponse Times I 3.9
Medic Squad 84 Total 2398
Medic Squad 73 Total 1798
2004 Total Calls 3806
2005 Total Calls 4196
2005 Call Increase 10.25%
Plan Check & Inpection
Fire Prevention Stats
:Check Statistics ][ __ YTD ]
Building II
NCOM Building
Shell Building
UG Water
Over/Under Grormd Tanks
NCOM Sprinkler
Sprinkler II
Hood Duct
Spray Booths
Special Suppression Systems
Alarms
Alarm II
Plarming Related Planchecks
Special Code Permits
Single Family Residence
Single Family Room Addition
PW/Grading
Miscellaneous
Total
618
252
164
144
2
319
242
40
7
4
191
III
333
o
72
44
384
69
2996
I
I
IFire Permit Inspection Totals
IBUilding Permit Inspection Totals
1877
1444
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ITEM NO. 34
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Approvals
City Attorney
Director of Finance
City Manager
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~/J1l
-tj&
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
June 27, 2006
SUBJECT:
Monthly Report
The following are the recent highlights for the Planning Division of the Community Development
Department for the month of May.
CURRENT PLANNING ACTIVITIES
New Cases
The Division received 80 new applications for administrative, other minor cases, and home
occupations including 6 applications for public hearings during the month of May. The new
public hearing cases are as follows:
CONDITIONAL USE PERMIT
DEVELOPMENT PLAN
HOME PRODUCT REVIEW
MINOR MODIFICATION
TENTATIVE TRACT MAP
1
2
1
1
1
Status of Maior Proiects
Nelli'roiects
. First Bank - A Development Application for a 4,000 square foot retail building (First Bank)
located within the Creekside Plaza Shopping Center near the southeast corner of Highway
79 S. and Pechanga Parkway. Comments are due June 27, 2006. (PA06-0162 - DAMKO)
. Ahmed Medical Office - A Development Plan to construct a 13,500 square foot, two story
medical office building on 0.86 acres located at 28975 Old Town Front Street. The
application was submitted on May 15, 2006 and is scheduled for the June 28, 2006 DRC
meeting. Staff is currently reviewing the application. (PA06-0140 - FISK)
. RV Super Center - A Minor Modification (Minor Exception) for RV Super Center to add an
additional 8,000 square feet of display area to an existing RV display lot located at 27941
Jefferson Avenue. The applicant is also requesting a minor exception to decrease the
landscaping area from 29 percent to 17 percent as a result of the 8,000 square foot display
hardscape. (PA06-0155 - LECOMTE)
. Stratford at Redhawk - A Home Product Review for 106 residential lots located generally at
the southern boundary of the City on Peach Tree Street and Primrose Avenue. The project
was submitted on May 10,2006 and is scheduled for DRC on June 15,2006. (PA06-0137-
SCHUMA)
. Sprint Calloway Monopine - A Conditional Use Permit for a Sprint-Nextel wireless
communication facility located at 40140 Winchester Road (along the east side of Winchester
Road, approximately 400 feet south of the Nicholas Road/Winchester Road intersection).
The mono pine and equipment shelter is proposed to be constructed behind the Yanoschik
Dental and Law building. The proposed mono pine would be approximately 47 feet in height
to the top of antennas, and 50 feet overall, and the equipment shelter would be 6 feet tall.
The application was submitted on May 30, 2006. Staff is currently reviewing. Comments
are due June 28, 2006. (PA06-0143 - KITZEROW/PETERS)
. Tentative Tract Map 29366 - A Tentative Tract Map to subdivide 52.3 gross acres into 53
lots (51 residential/2 open space) within Planning Areas 20 and 21 of the Roripaugh Ranch
specific Plan, generally located along South Loop Road, west of Butterfield Stage Road
(APN 964-180-013). Lot sizes range from 20,000 to 56,000 square feet with an average
size of 33,504 square feet. The application was submitted May 3, 2006. A DRC meeting
held June 8, 2006 and a DRC letter was mailed June 12, 2006. (PA06-0127-
KITZEROW/PETERS)
Recentlv ADD roved Proiects
. Roripaugh Ranch PA3 Extension of Time - An Extension of Time application for a previously
approved Home Product Review (Development Plan, PA03-0551 for Shea Homes) for the
construction of 99 single-family homes located within Planning Area 3 of the Roripaugh
Ranch Specific Plan. The application was submitted on January 23, 2006, and was
approved at the April 5, 2006 Planning Commission Hearing. (PA06-0022 - SCHUMA)
. Plaza Rio Vista -A Development Plan to construct a 19,650 foot office building on .99 acres
at the corner of Black Deer Loop and Diaz Road. The application was submitted on May 1 0,
2005. The DRC meeting was held on June 23, 2005. The Planning Commission
recommended approval at the March 15, 2006 hearing. The item was approved at the April
25, 2006 City Council Hearing. (PA05-0139 - LINTON)
. Beacon Auto Park - Sign Program to establish and implement for the Beacon Auto Park.
This project is located at 421 03 Rio Nedo. The application was submitted on March 1,2006.
A DRC letter will be sent to the applicant on May 4,2006. The applicant resubmitted on May
18, 2006 and Planning Department approved the project on May 24, 2006. (PA06-0057-
SCHUMA)
. Guidant Parking Lot - A Development Plan to construct a 1,618 square foot parking
structure, and a minor exception request to reduce the front yard setback from 20 feet to 17
feet and to reduce the parking space width from 9 feet to 8 Y:! feet. The project is located on
the north east corner of Ynez Road and Motor Car Parkway. The project was approved by
the Director of Planning on May 18, 2006. (PA06-0096 - SCHUMA)
. Medical Marijuana Dispensaries Ordinance - An Ordinance amending the Municipal Code
defining "Medical Marijuana Dispensary" and prohibiting such use in all zones of the City.
City Council approved this item at their April 25, 2006 City Council meeting. (WEST)
. Roripaugh Ranch Conditions of Approval Modification - A Major Modification to Conditions
of Approval for Tracts 29661 (Conditions of Approval Nos. 17, 19, and 27), Tract 29353
(Condition of Approval 15), and Tract 32004 (Condition of Approval Nos. 8, 9,10,24,37,38,
and 39) relative to issuance of building permits and timing of landscaping bonds for
Roripaugh Ranch. The application was submitted on February 27,2006. The project was
approved by Planning Commission on May 17, 2006. (PA06-0053 - KITZEROW/PETERS)
. Etco Plaza Sign Revision - The Application submitted on December 19, 2005, is a request
to revise the existing sign program to allow additional signage and sign colors. The project
was continued at the April 19, 2006 Planning Commission Hearing and was then approved
at the May 17, 2006 Planning Commission Hearing. (PA05-0390 - DAMKO)
. Barrington Product Review - A Development Plan submitted on December 18, 2005, for 130
single-family homes located within Tract 32427-1,2,3, - and F of the Harveston Specific
Plan located on Ynez Road and Date Street. This project was approved atthe May 17, 2006
Planning Commission Hearing. (PA05-0378 - DAMKO)
. Dalton III-A Conditional Use Permit / Development Plan submitted on February 7,2006, for
a 22,522 square foot mixed use building located on Fifth Street within the Old Town Specific
Plan. A DRCwas held on March 2, 2006, and the DRC letter was mailed on March 3, 2006.
The project was scheduled for the April 1 0, 2006 Old Town Local Review Board and was
approved at the May 17, 2006 Planning Commission Hearing. (PA06-0037 - DAMKO)
. Harveston Product Review, Emery Place - A Development Plan (Product Review)
submitted on February 28, 2006, for 76 single-family cluster homes located within Tract
32436-1 and 32436-F of the Harveston Specific Plan (Noah and Date Street). The project
was approved at the June 7, 2006 Planning Commission Hearing. (PA06-0055 - DAMKO)
. Hine Mazda - A Development Plan/Conditional Use Permit for the construction and
operation of a 32,560 square foot automobile dealership to be located on 3.7 acres at the
southwest corner ofYnez Road and DLR Drive. The application was submitted on February
22, 2006. A DRC meeting was held on March 9, 2006, and a DRC letter was sent to the
applicant on March 9, 2006. The project was approved at the May 17, 2006 Planning
Commission Hearing. (PA06-0048 - FISK)
. Chick-FiI-A - A Minor Modification to convert an existing 4,000 square foot Krispy Kreme
Restaurant with a drive-thru to a Chick-FiI-A Restaurant with a drive thru, plus a 327 square
foot expansion for a new play area. The application was submitted on April 18, 2006.
Comments were due May 9, 2006. The project was approved administratively on May 15,
2006. (PA06-0108 - LECOMTE)
. U-Store-It U-Haul Rentals - A Minor Conditional Use Permit to allow U-Haul truck rentals at
U-Store It located at 28401 Rancho California Road (APN 921-281-019). This project was
submitted on November 15, 2005. A DRC letter was mailed to the applicant on December
28, 2005. Staff is waiting for response back from applicant. A 30-Day no response letter
was sent to applicant on January 31, 2006. Applicant has resubmitted revised plans on
March 6, 2006. Staff is waiting on acceptable elevator for proposed covered carport. This
project was administratively approved May 10,2006. (PA05-0349 - LECOMTE)
. Development Code Clean-Up Amendment - The City Council approved the proposed
amendments to the Development Code at the May 23, 2006 City Council meeting. The
proposed amendment includes amending front yard setback requirements in residential
districts, integrating state law requirements for density bonuses and creating new sign
standards for existing developments, and other minor modifications and clarifications.
(PA05-0041 - WEST)
. Old Town Specific Plan Amendment - The City Council approved the proposed amendment
to the Old Town Specific Plan. The proposed amendment expands the protection for historic
structures throughout the City, as well as make a number of other clarifications related to
alleys, signage, and mixed use projects within the Old Town Area. (PA04-0596 - WEST)
Proiects Under Review
Commercial
. Redhawk Car Wash and Tire Store - A Development Plan and a Conditional Use Permit
submitted on June 8, 2005 for three buildings totaling 8,354 square feet used for a self-serve
carwash and tire store. The project is located on the northeast corner of Margarita Road
and De Portola Road. A DRC meeting was held on August 18, 2005. A DRC letter was
mailed on August 23, 2005. Applicant has been working with Staff on the design. Staff is
awaiting resubmittal. (PA05-0172 - DAMKO)
. Paseo Del Sol Recreation Building - A Development Plan to construct a recreation center
consisting of a 1,962 square foot building and swimming pool on 1.2 acres generally located
on the north side of Sunny Meadows Drive, approximately 900 feet east of Meadows
Parkway. The application was submitted on January 5, 2006. A DRC meeting was held on
February 9, 2006. Revised plans were submitted on March 17, 2006. The project is
scheduled for the June 15, 2006, Director's Hearing. (PA06- 0004 - FISK)
. Temecula Professional Building - A Development Plan to construct a 9,500 square foot
office building on 0.91 acres located on the west side of Margarita Road, approximately 300
feet south of De Portola Road. The application was submitted on October 5,2005. A DRC
was held on December 12, 2005, and a DRC letter was sent to the applicant on December
12, 2005. A second DRC letter was sent to the applicant on February 24, 2006. Revised
plans were submitted on March 23, 2006. A 30-day no response letter was sent to the
applicant on March 13, 2006, and a 60-day no response letter was sent on April 3, 2006.
The project is scheduled for the June 22, 2006 Director's Hearing. (PA05-0297 - FISK)
. Renaissance Station - A Development Plan to construct a 46,340 square foot three story
building with dining, office, and retail establishments on 0.47 acres located at 42081 Third
Street. The application was submitted on April 21, 2006 and a DRC meeting was held on
June 8, 2006. A DRC letter was mailed to the applicant on June 9, 2006. Staff is currently
awaiting the submittal of revised plans. (PA06-0113 - FISK)
. YMCA - A Development Plan to construct a 38,540 square foot YMCA building within a 0.66
acre lease area of a 20.2 acre site located at 29119 Margarita Road. The application was
submitted on November 29, 2005. Staff is currently reviewing the application. A DRC
meeting was held on January 26, 2006. A 30-day no response letter was sent to the
applicant on March 13, 2006, and a 60-day letter was sent to the applicant on April 3, 2006.
Staff is currently awaiting the submittal of revised plans. (PA05-0365 - FISK)
. DCH Chrysler Jeep - A Major Modification to a Development Plan to add building square
footage under an existing canopy, to add a new parapet wall along the new building areas,
and to revise the exterior wall configuration for the service writer area of the building located
at 26799 Ynez Road. The application was submitted on March 16, 2006. The project is
scheduled for the June 21, 2006 Planning Commission meeting. (PA06-0079 - FISK)
. Carpet One - A Development Plan submitted on January 19, 2006, for the construction of a
4,800 square foot retail building located in the Creekside Shopping Center on Highway 79
South and Pechanga Parkway. This project was scheduled for Pre-DRC on March 14,
2006, and DRC on March 16, 2006. Comments were mailed to the applicant and revised
plans were submitted on May 5, 2006. Staff reviewed the revised plans and provided
additional comments on June 6, 2006. Staff is currently awaiting resubmittal. (PA06-0016
- KITZEROW/PETERS)
. Mountain View Community Church - A Minor Modification submitted on March 9, 2006 to
add four modular buildings to an existing site at Mountain View Community Church (formerly
Hope Lutheran) located at 29385 Rancho California Road. DRC meeting was held on April
6,2006. Staff has drafted a comment letter. Staff is waiting for re-submittal of appropriate
revisions. (PA06-0062 - LECOMTE)
. Rancho Ford Overflow Storage - A Temporary Use Permit for the temporary storage of new
and used automobiles for Rancho Ford overflow located at the rear of 26895 Ynez Road and
42057 DLR Drive. The application was submitted April 20, 2006 and comments are due on
May 11, 2006. Staff is awaiting resubmittal of revised plans. (PA06-0114 - LECOMTE)
. Mazarro's Italian Restaurant - Minor Conditional Use Permit for Mazzaro's Italian Restaurant
to upgrade an existing type 41 license to a type 47 license to authorize the sale of beer wine
and distilled spirits. The application was submitted on April 12, 2006 and comments were
due May 3, 2006. Staff sent an exhibits request letter for Director's Hearing on May 5,2006.
Staff is awaiting the submittal of the Public Hearing material information. (PA06-0104-
LECOMTE)
. Dr. Levi's Office and Retail - A Major Modification to renovate the former 5 & Diner into
offices and retail facilities located at 26460 Ynez Road. The application was submitted on
October 31, 2005. A DRC meeting was held on December 22, 2005. The applicant
submitted revised plans on April 27, 2006. Comments are due on May 15, 2006. Staff is
awaiting resubmittal of revised plans. (PA05-0329 - LECOMTE)
. Lyndie Lane Speculative Building - A Development Plan to construct a 9,265 square foot
commercial building located at 29748 Rancho California Road. The application was
submitted on October 14, 2005. A DRC meeting was held on December 8,2005. Staff is
currently awaiting revised plans. (PA05-0305 - SCHUMA)
. Rite-Aid - A Minor Conditional Use Permit and Public Convenience and Necessity
application to sell alcohol within a 16,836 square foot retail facility to be located within the
Rancho Temecula Town Center at the northeast corner of Winchester Road and Nicolas
Road. The application was submitted on October 25, 2005. A Pre-DRC meeting was held
on November 15, 2005. The applicant resubmitted on February 17, 2006. This item was
denied at the April 19, 2006 Planning Commission. The applicant appealed the decision on
May 3,2006. The application is scheduled for City Council on July5, 2006. (PA05-0314-
KITZEROW/PETERS)
. DCH Dodge - A Major Modification for the addition of 3,089 square feet of building area and
fayade improvements for an existing 27,101 square foot building located on the west side of
Ynez Road approximately 600 feet north of DLR Drive. The application was submitted on
March 30, 2006 and a DRC meeting was held on May 18, 2006. Staff anticipates a July
Planning Commission Hearing. (PA06-0082 - FISK)
. Temecula Community Church - A Conditional Use Permit application with a Development
Plan for the addition of three buildings and the removal of existing modular buildings and
trellises. The project is located at 28871 Santiago Road. The project was submitted on
December 15, 2005. A DRC letter was sent out on February 3, 2006. The applicant
resubmitted plans on March 13,2006. Staff is waiting for additional environmental reports.
(PA05-0389 - SCHUMA)
. Down's Energy - A Development Plan and Conditional Use Permit application for a liquid
natural gas distribution facility and a 14,776 square foot office speculative building. The
project is located at the northwest corner of Rancho Way and Diaz Road. The project was
submitted on December 22, 2005. A DRC meeting was held on January 26, 2006. The
applicant resubmitted on May 17, 2006 and comments were sent out on June 2, 2006. Staff
is waiting for revised plans and environmental reports, and anticipates an August Planning
Commission Hearing. (PA05-0402, PA06-0135- SCHUMA)
. Redhawk Pavillion - A Development Plan application for a proposed commercial center
consisting of three buildings totaling 29,498 square feet located on the southeast corner of
De Portola Road and Margarita Road(APN 959-050-006). The application was submitted on
February 22, 2006. A DRC meeting was held on April 6, 2006 and a DRC letter was sent
out on April 21 ,2006. This project is scheduled forthe June 7, 2006 Planning Commission
Hearing. (PA06-0046 - SCHUMA)
. Ace Hardware at Creekside Plaza - A Development Plan for a proposed 13,125 square foot
retail building (Ace Hardware) located at 30715 Highway 79 South, in the Creekside Plaza
Shopping Center. The application was submitted on February 16, 2006. A DRC meeting
was held on April 6, 2006. Comments were sent to the applicant, revised plans were
submitted on May 12, 2006. Additional comments were sent on June 6, 2006 and staff is
awaiting resubmittal. (PA06-0044 - KITZEROW/PETERS)
. Olive Garden - A Minor Conditional Use Permit for the sale of distilled spirits at a full service
restaurant located at 29025 Overland Drive. The application was submitted on March 6,
2006. The project is scheduled for the June 21, 2006 Planning Commission hearing.
(PA06-0059 - FISK)
. Career Gateway College - A Minor Conditional Use Permit submitted March 22, 2006 to
conduct business at a professional school. This project is located at 43178 Business Park
Drive. A DRC was held April 20, 2006. Staff is waiting for revised plans. (PA06-0074-
SCHUMA)
Subdivisions
. Roripaugh Ranch PA16-18 TTM - A Tentative Tract Map (No. 29368) to subdivide 100.07
gross acres into 399 lots (389 single-family residential lots) located in Planning Area 16, 17,
and 18 of the Roripaugh Ranch Specific Plan. The application was submitted on December
7, 2005. A DRC meeting was held on February 7, 2006. The project was resubmitted on
April 14, 2006 and comments were sent to the applicant on May 19, 2006. Staff is awaiting
resubmittal. (PA05-0375 - KITZEROW/PETERSj
. Roripaugh Ranch PA 10 TTM - A Tentative Tract Map (No. 30766) to subdivide 8.1 gross
acres into 15 lots (14 single-family residential lots) within Planning Area 10 of the Roripaugh
Ranch Specific Plan. The project was submitted on December 12, 2005. A DRC meeting
was held on January 26, 2006, and comments were mailed to the applicant. The project
was resubmitted on April 14, 2006 and comments were sent to the applicant on May 10,
2006. Staff is awaiting resubmittal. (PA05-0377 - KITZEROW/PETERSj
. Roripaugh Ranch PA19 TTM - A Tentative Tract Map (29367) to subdivide 28.03 gross
acres into 27 lots (25 single-family residential lots and 2 open space lots) located in Planning
Area 19 of the Roripaugh Ranch Specific Plan. The project was submitted on December 12,
2005. A DRC meeting was held on February 9, 2006, and comments were mailed to the
applicant. Revised plans were submitted on May 16, 2006 and comments are due June 8,
2006. (PA05-0384 - KITZEROW/PETERSj
. Roripaugh Ranch PA 23and 24 TTM - A Tentative Tract Map (30768) to subdivide 21.5
gross acres into 123 lots (122 single-family residential lots/one open space lot) located in
Planning Areas 24 and 25 of the Roripaugh Ranch Specific Plan. Minimum lot size is 4,000
square feet, with an average lot size of 5,443 square feet. The project was submitted on
December 13, 2005. A DRC meeting was held on February 9,2006, and comments were
mailed to the applicant. Revised plans were submitted on May 4,2006 and comments were
sent to the applicant on June 6, 2006. Staff is awaiting resubmittal. (PA05-0387-
KITZEROW/PETERSj
. Roripaugh Ranch PA33A - A Tentative Tract Map (No. 90767) to subdivide 10.96 gross
acres into 15 lots (14 residential lots) located within Planning Area 33A in the Roripaugh
Ranch Specific Plan (generally located at the terminus of Nicolas Road and Butterfield Stage
Road). The application was submitted on January 4,2006. A Pre-DRC meeting was held
on February 21, 2006, and a DRC meeting was held on February 23, 2006. Comments
were mailed to the applicant on February 27, 2006, and staff is currently awaiting
resubmittal. (PA06-0002 - KITZEROW/PETERSj
Industrial
. Asher Business Park - A Pre-Application for a proposed high-tech research and
development campus consisting of six buildings totaling 62,209 square feet, located at the
southeast corner of Calle Empleado and Winchester Road. Comments were due from other
departments on January 10, 2006. The project is under staff review. A DRC was held on
February 9, 2006. The applicant has resubmitted revised site plans and staff is currently
waiting for comments from other departments so applicant can formally submit a
Development Plan Application. (PR05-0023 - LECOMTE)
. Storage 2 U - U-Haul Rental- A Minor Conditional Use Permit to allow for U-Haul rentals at
Storage 2 U, located at 27731 Diaz Road. The application was submitted on October 26,
2005. A DRC meeting was held on December 15, 2005. Staff is currently awaiting revised
plans. (PA05-0318 - LECOMTE)
. Alvarez Industrial Buildings - A Development Plan to construct two industrial buildings
totaling 32,386 square feet on 2.5 acres located at Calle Corte and Del Rio Road. The
application was submitted on October 4, 2006 and a DRC was held on November 18, 2004.
The applicant resubmitted on March 27, 2006 and comments were sent May30, 2006. Staff
is awaiting revised plans. (PA04-0544 - SCHUMA)
Mixed Use/Residential
. Temecula Lane II - A Conditional Use Permit, Development Plan and Vesting Tract Map
submitted on December 20,2005, for the development of 297 multi-family residential units
located on the southeast corner of Pechanga Parkway and Loma Linda Road. A DRC
meeting held on February2, 2006, and a DRC letter was mailed on February 9, 2006. Staff
has tentatively scheduled this project to the July 5, 2006 Planning Commission Hearing.
(PA05-0395, PA05-0396, PA05-0397 - DAMKO)
. Rancho Highlands III-A Conditional Use Permit, Development Plan and Vesting Tentative
Map submitted on December 21, 2005, to allow a subdivision for condominium purposes
and development of 137 multi-family units located near the northeast corner of Ynez Road
and Rancho California Road. A DRCwas held on February 16, 2006, and a DRC letter was
mailed on March 3, 2006. The applicant submitted on May 1, 2006. Staff is currently
reviewing plans. (PA05-0398, PA05-0399, PA05-0400 - DAMKO)
. Tierra Vista Condominiums - An Administrative Development Plan to construct 23 residential
condominiums on 1.5 acres. The subject property is located on the northwest corner of
Tierra Vista Road and Ynez Road. The application was submitted on September 30, 2003.
Revised plans were submitted on July 7, 2004. A second DRC letter was provided on
September 10, 2004. Revised plans were submitted on February 7,2005. A third DRC
letter was provided to the applicant on April 8, 2005. Revised plans were received on
August 2, 2005. Staff is currently awaiting submittal of correspondence from the county
geologist regarding earthquake fault line setbacks. (PA03-0552 - FISK)
. Hemingway at Redhawk - A Home Product Review for 108 single-family homes in the
Redhawk Specific Plan. Elevations include four floor plans and elevation types ranging from
2,916 to 3,393 square feet. The application was submitted on April 7, 2006. Staff is
currently reviewing the application. A DRC meeting was held on May 18, 2006 and a DRC
letter was sent tot the applicant. (PA06-0101 - FISK)
. Pujol Condos - A Development Plan to construct nine multi-family condominium buildings
totaling 134,213 square feet on 7.85 acres located on the west side of Pujol Street,
approximately 1,800 feet south of First Street. The application was submitted on July 21,
2005. A DRC meeting was held on September 1,2005, and a DRC letter was mailed to the
applicant on September 1, 2005. Revised plans were submitted on October 26, 2005. A
second DRC letter was sent to the applicant on December 13, 2005. Staff is currently
awaiting the submittal of revised plans. A 30-day no response letter was sent to the
applicant on March 15, 2006 and a 60-day no response letter was sent on April 3, 2006.
Staff is currently awaiting the submittal of revised plans. (PA05-0208 - FISK)
. Renaissance Villages - A Residential Development Plan and Tentative Tract Map to
construct 58 condominium units totaling 78,397 square feet on 3.98 acres generally located
on Pujol Street, approximately 100 feet north of Main Street. The application was submitted
on August 3, 2005. A DRC meeting was held on September 26, 2005, and a DRC letter was
mailed to the applicant on September 27,2005. Revised plans were submitted on October
26, 2005. A Development Agreement must be approved by City Council prior to staff
scheduling the project for a Planning Commission Hearing. (PA05-0229 - FISK)
. Mira Loma PDO -A Planned Development Overlay to change the zoning ofa 7.24 acre site
from High Density Residential (H) to PDO -11 to change the development standards for the
site. The project site is located at 29601 Mira Loma Road. The project was submitted on
August 8, 2005. A DRC meeting was held on September 29, 2005, and a DRC letter was
sent to the applicant on October 4, 2005. A second DRC meeting was held on February 16,
2006. A second DRC letter was sent to the applicant on February 24, 2006. Revised plans
were submitted on April 13, 2006. Staff is currently reviewing the revised plans. (PA05-
0234 - FISK)
. Pujol Condos - A Tentative Parcel Map for condominium purposes for a residential
condominium project located approximately 1 ,800 feet south of First Street on the west side
of Pujol Street. The application was submitted on July 7, 2005. A DRC meeting was held on
September 1, 2005, and a DRC letter was mailed on September 1, 2005. Revised plans
were submitted on October 26, 2005. A second DRC letter was sent to the applicant on
December 13, 2005. A 30-day no response letter was sent to the applicant on March 15,
2006, and a 60-day letter was sent to the applicant on April 3, 2006. Staff is currently
awaiting resubmittal of plans. (PA05-0209 - FISK)
. Naron Pacific Tentative Tract Map 30434-A proposal for a Tentative Tract Map to subdivide
32 gross acres into 13 residential and 2 open space lots in the Chaparral area. The
application was originally submitted on April 18, 2002. The CAD has made a
recommendation on policy for the Chaparral Area allowing one-half acre lots if it does not
increase the "net" density. Staff met with applicant in April to discuss grading issues and
begin preparation of an Initial Study. An environmental constraint map was submitted on
February 9, 2005. Staff met with the applicant on March 22, 2005 to discuss grading
impacts and received revised plans and constraints map. A letter was mailed to the
applicant on April 7, 2005, informing him that the submitted plans are not adequate, the
project is still considered incomplete, and additional information is still required in order to
proceed with processing. Staff met internally on April 8, 2005, to discuss General Plan
update. A letter was sent to the applicant on April 13, 2005, to explain City Council decision
not to modify Chaparral Policy; therefore, project plans must be revised to adhere to existing
policies within the General Plan. Staff is currently awaiting submittal of revised plans. A 30-
day close-out letter was sent certified mail to the applicant on September 16, 2005, and the
applicant requested additional time to revise plans. A 60-day follow up letter was mailed on
January 23, 2006. Required studies were submitted on March 23, 2006. A DRC meeting
was held on April 20, 2006 and comments were sent to the applicant. A meeting with the
project consultant is scheduled for May 16, 2006 to discuss project resubmittal. (PA02-
0204 PA02-0193 - KITZEROW/PETERS)
. R. Alison TM -A Tentative Tract Mapto subdivide 3.71 acres into 11 residential lots located
at 31670 Rancho California Road. The application was submitted on June 9, 2005. A DRC
meeting was held on July 21, 2005, and a letter was mailed to the applicant on August 1,
2005. The applicant submitted revised plans. A second DRC letter was sent on January 30,
2006. The applicant resubmitted plans on April 27, 2006. Staff mailed additional comments
on June 6, 2006 and is awaiting resubmittal. (PA05-0176 - KITZEROW/PETERS)
. Woodcreek Apartments - A Minor Modification Application to build 35 tenant covered
parking spaces/garage ports to be located at 42200 Moraga Road. The application was
submitted on May 31, 2005. A DRC meeting was held on July 14, 2005. Revised plans
were submitted on August 4, 2005. A second DRC letter was sent on August 25, 2005.
Staff is currently awaiting the submittal of revised plans. (PA05-0160 - LINTON)
. Silver Oaks - A Development Plan/Tentative Tract Map to construct 110 age restricted
condominiums on 7.5 acres on the northwest corner of Margarita Road and Dartola Road.
The project was submitted on August 9, 2005. A third DRC was held on February 23,2006.
The project is tentatively scheduled for a May 17, 2006 Planning Commission Hearing.
(PA05-0235, PA05-0236 - LINTON)
. Tentative Tract Map 32780 - A Tentative Tract Map to divide 22.45 acres into 38 single-
family lots on Walcott Lane north of La Serena. The project was submitted on August 10,
2005, and is awaiting applicant response. A DRC meeting was held and a DRC letter was
mailed to the applicant on December 13, 2005. The project is tentatively scheduled for a
June 2006 Planning Commission Hearing. (PA05-0240 - SCHUMA)
. Redhawk PA-13 Multi-Family - A Development Plan and Tentative Parcel Map submitted on
March 8, and April 15, 2006, to subdivide for condominium purposes and develop 98 multi-
family units on 8.9 acres. The projectis located at the corner of Deer Hollow Way and Peach
Tree Street. A DRC was held on April 13, 2006 and Staff is currently awaiting resubmittal.
(PA06-0060, PA06-0098 - SCHUMA)
. Roripaugh Ranch PA14 and PA15 -A Tentative Tract Mapto subdivide 27.9 acres into 181
single family residential lots and three open space lots. The project is located within
Planning Area 14 and 15 of the Roripaugh Ranch Specific Plan. The application was
submitted on April 19, 2006. A DRC was held on May 25,2006 and Staff is currently
awaiting resubmittal. (PA06-0110 - SCHUMA)
. Stonebriar - Wolf Creek - A Home Product Review for 112 single-family homes in PA21 of
the Wolf Creek Specific Plan. Elevations include three floor plans and elevation types
ranging from 3022 to 3446 square feet. The application was submitted November 4,2005.
A DRC letter was sent out on December 27, 2005. The applicant resubmitted plans on
March 8, 2006, and comments were due on due on March 22, 2006. A DRC meeting was
held on March 30, 2006. Revised plans were submitted on April 28, 2006. Staff anticipates
presenting the project at the July 6,2006, Director's Hearing. (PA05-0332 - FISK)
. Temecula 10 - Home Product Review for 10 single-family homes for lots 1-10 for Tract
33630 located on the north side of Rancho California Road east of Riesling Court. The
application was submitted on April 26, 2006. A DRC was held on June 1, 2006 and
comments were sent to the applicant on June 6, 2006. Staff is awaiting resubmittal. (PA06-
0118 - KITZEROW/PETERS)
Miscellaneous
. Cingular Mono-Pine Wireless Antenna - A Conditional Use Permit to construct a 50-foot
high monopalm on Green Tree Road, approximately 500 feet east of Via Sierra. The project
was submitted on April 19, 2004. Staff has received third-party review comments. Staff has
postponed scheduling the project for a Planning Commission Hearing at the applicant's
request. Plans were recently submitted for a Planning Commission Hearing. Staff has
requested revisions to the plans and is awaiting the submittal of revised plans prior to
scheduling the project for a Planning Commission Hearing. (PA04-0285 - FISK)
. General Kearney Reservoir Wireless Facility - A Conditional Use Permit to replace an
existing non-disguised unmanned wireless monopole with a new 65 foot tall unmanned
wireless mono pine with 12 antennas, four-foot diameter microwave dish and associated 336
square foot shelter and a back-up generator. The property is east of Placer Lafite and south
of Chemin Coutet. The application was submitted on March 1,2005. A DRC meeting was
held on April 21 ,2005. A second meeting was held on January 24,2006. Staff is currently
awaiting revisions. (PA05-0063 - FISK)
. T -Mobile Monopine - An application for a Development Plan and Conditional Use Permit to
construct a 70 foot mono pine within a 676 square foot enclosure, to be located at Orchard
Christian Fellowship, 42101 Moraga Road. The application was submitted on January 26,
2006. A DRC meeting was held on March 9, 2006. The applicant resubmitted plans on May
1, 2006. Comments were mailed on May 15, 2006. Staff is awaiting resubmittal (PA06-
0026 - DAMKO)
. Brightstart Daycare - A Minor Conditional Use Permit for a large family childcare proposed
in a 1,639 square foot home located at 31862 Via Barraza. This project was submitted on
July 26, 2005, and is currently under review. A DRC meeting was held on September 1,
2005, and a DRC letter was sent on September 13, 2005. Staff is still awaiting applicant
response. (PA05-0213 - SCHUMA)
. La Casita Nueva - A Conditional Use Permit with a Finding of Public Convenience and
Necessity for the incidental sale of alcoholic beverages at an existing restaurant located at
27645 Jefferson Avenue. The application was submitted on April 18, 2006 and the project is
scheduled for Director's Hearing on June 29, 2006. (PA06-0109 - SCHUMA)
. Roripaugh Ranch Specific Plan EIR Addendum - An EIR Addendum to the Certified
Environmental Impact Report for the Roripaugh Ranch Specific Plan for offsite
improvements including the Nicolas Road Bridge and related Channel Improvements to
Santa Gertrudis Creek. The application was submitted on February 24, 2006. Staff
reviewed and provided comments on May 5,2006. (PA06-0051 - KITZEROW /PETERS)
. Roripaugh Ranch Specific Plan PA4B - An Extension of Time application submitted March
23, 2006 for a previously approved Home Product Review for the construction of 113 single
family homes. This project is located within Planning Area 4B of the Roripaugh Ranch
Specific Plan. The project is scheduled forthe June 7,2006 Planning Commission. (PA06-
0079 - SCHUMA)
Small Business Assistance
. Wine Sellars - An Administrative Development Plan for an outdoor dining area has been
submitted for this wine tasting facility at the southeast corner of Sixth Street and Old Town
Front Street (The Hitching Post Center) in Old Town Temecula. Staff is waiting for a
response from the owner and applicant to a comment letter that was sent to them outlining
the requirements for the Public Works and Community Services Departments. (PA05'{)269
- NOLAND)
. The Golf Store - Staff received final sign elevations from the owner of this Old Town
business and is reviewing for consistency with the sign program for the Penfold Building.
(PA05-0340 - NOLAND)
. Lonnie Smith Construction - A new sign and landscaping plan for this business was
approved by the Old Town Local Review Board on May 8, 2006. Staff helped this applicant
finalize his landscape plan. (PA06-0072 - NOLAND)
. The Country Cottage - An application was approved by staff to repaint this existing building
in Old Town Temecula. (PA06-0120 - NOLAND)
. General Dentistry and Dentures 4-U - This Old Town business located in Old Town Plaza
has submitted an application for three new signs. Staff is reviewing the proposal for
compliance with the approved sign program. (PA06-0073 - NOLAND)
Soecial Event Permits
. Street Painting Festival - Staff is reviewing this Major Temporary Use Permit for the
Redevelopment Department. This event is scheduled for June 24 and 25, 2006 in Old Town
Temecula. Vendors entertainment and children's activities are to be featured. (PA06-0134-
NOLAND)
. American Cancer Society Relay for Life - The American Cancer Society has applied for a
Minor Temporary Use Permit to hold a 24 hour fundraising event to be held at Great Oak
High School on June 24 and 25, 2006. (PA06-0128 - NOLAND)
. Fourth of July Parade - Staff is reviewing this Major Temporary Use Permit application that
was submitted by the Community Services Department. This event will be held on July 4,
2006 in Old Town Temecula. (PA06-0128 - NOLAND)
. Temecula Valley International Jazz Festival - Staff is working with the organizers of this
event that is scheduled to be held on July 7, 8, and 9 in Old Town Temecula. Jazz music
and vendors will be featured at various locations. (PA06-0136 - NOLAND)
Soecial Proiects & Lona Ranae Plannina Activities
The Division also commits work efforts toward larger scale and longer time frame projects for
both private and public purposes. These activities can range from a relatively simple ordinance
or environmental review to a new specific plan or a general plan amendment. Some of the
major special projects and long range planning activities currently in progress are described in
the paragraphs below:
. Mixed Use Development Standards and Traditional Neighborhood Design Criteria - Staff is
in the process of developing Mixed Use Development Standards by reviewing existing
projects and guidelines. This is expected to result in a recommended approach for areas of
the City that are designated for Mixed Use development. (WEST)
. Hillside Development Policy - The policies are being examined for integration into the draft-
grading ordinance. Staff is working with GIS to analyze topography, soil types,
environmental (habitat), and other constraints. (PAPP)
. Procedures to Implement CEQA - Staff initiated project to develop local guidelines and
procedure manual for processing CEQA documents, including the adoption of local
exemptions. This is expected to include significance thresholds and procedures forthe City
to contract for the preparation of environmental impact reports. (PAPP)
. Project environmental reviews and permitting:
.:. Diaz Road General Plan Level Improvements - Staff has prepared an Initial Study to
determine the impacts of constructing ultimate improvements on Diaz Road. Staff is
recommending that a Negative Declaration be prepared, the scheduling of this item for
the City Council will be coordinated with Public Works Department. (EA07 - PAPP)
.:. 1-15/ SR79 South Ultimate Interchange Project - Staff continues to provide comments to
the Public Works Department on the issues that need to be addressed in the
NEPA/CEQA document that is to be prepared for this project. (EA111 - WEST)
.:. Civic Center Initial Environmental Study - Staff reviewed the proposed Civic Center and
Mercedes Street improvements pursuant to CEQA guidelines. The public comment
period ends June 20, 2006 with a public hearing to approve the Civic Center Master plan
scheduled for June 27, 2006. (EA125 - WEST/BROWN)
.:. Rancho Vista Sidewalk Project - Staff recommended a categorical exemption for the
proposed sidewalk improvement project along Rancho Vista Road pursuant to CEQA
guidelines. (EA126 - WEST)
General Plan Amendments
. Map 32780 - A General Plan amendment to amend the Land Use Designation from Very
Low (VL) to Low Density (L) for a 22.45 acre parcel located on Walcott Lane north of La
Serena (APN 957-170-032-033-034-035-036). This application was submitted on August
13, 2005. A DRC is scheduled for November 15, 2005. A DRC was held and a DRC letter
was mailed to the applicant on December 13, 2005. (PA05-0283 - SCHUMA)
ITEM NO. 35
Approvals
City Attorney
Director of Finance
City Manager
~
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Jim O'Grady, Assistant City Manager
DATE:
June 27, 2006
SUBJECT:
Economic Development Department Monthly Report
PREPARED BY:
Gloria Wolnick, Marketing Coordinator
RECOMMENDATION:
Receive and file
The following are the recent highlights for the Economic Development Department for the month of
May 2006.
ECONOMIC DEVELOPMENT
Leads and Inquiries
Staff continues to work on finding a location for an individual looking to open up a comedy club
venue as well as numerous industrial and retail expansions/relocations for local businesses
in Temecula.
Staff is assisting a medical user that is looking for a site that can accommodate a large medical
office center in Temecula.
In May, Council Member Edwards and staff met with representatives of a local major employer
looking to expand. Staff provided information and continues to provide assistance to the company.
Events/Tours
Mayor Roberts, Council Members Comerchero and Edwards and staff attended the Guidant
Groundbreaking on May 10'h Guidant's major expansion will include the construction of a new
campus totaling more than 300,000 square feet near the existing Guidant facility. When completed,
this expansion will result in the creation of even more high-quality professional and operations
positions for candidates from the Temecula region. Mayor Roberts spoke at the Groundbreaking.
Mayor Pro-Tem Washington, Council Member Naggar and Edwards, and staff attended the Boys &
Girls Club Ribbon Cutting Ceremony on May 25'h The Pechanga Great Oak Clubhouse at Kent
Hindergardt Park is a 5,500 sq. ft. clubhouse that will serve about 1,500 children throughout the
year. It is equipped with a teen room, state-of-the-art computer lab, art room, multi-purpose room
and recreation area. The Clubhouse is located at 31465 Via Cordoba.
Mayor Pro Tem Washington, Council MemberComerchero and staff attended a tour of the Western
Center for Archaeology & Paleontology on May 3'd The Western Center is designed to provide
world-class facilities for the research, curation, and presentation of the nearly 1 million specimens
discovered during the development of Diamond Valley Lake. It is scheduled to open fall '06.
The Riverside County EDA hosted representatives from Majestic Realty on a tour of the 3'd
District on June 3rd. Staff prepared information on commercial and industrial land in Temecula to
showcase. Majestic Realty is a developer that acquires land, builds, and then keeps it in their
portfolio.
On May 1", staff took a tour of the new Temecula Police full-service substation at The
Promenade Mall. It is open during regular mall business hours and employs 10 employees,
including 3 full-time deputies. Staff will be able to utilize the electronic display panel on the outside
of the storefront to publicize special events and business events.
Media/Outreach Materials
Staff provided the City article for the June Chamber of Commerce Newsletter. The article
"Summer Fun for Everyone!" highlighted the upcoming entertainment for the Summer Sunsets
Concert Series and Moonlight Movies in the Park Series. The popular venues are put on by the
Temecula Community Services Department.
The City Building & Safety Department's program "Code Corner" was published in the June issue
of The Valley Business Journal. Code Corner provides useful information about building permits,
code provisions, inspections and related information for homeowners and business owners. The e-
mail address is: codecorner@citvoftemecula.orq
During the month of May, staff prepared information and photos for the Economic Development
section for the City Website.
Staff provided information to include in The Business Press Guide by City publication.
The new City retail/demographic brochure was published and is being distributed. Recently it was
distributed to Forest City representatives Promenade Mall management, and brokers attending
NAIOP at South Coast Winery. The Chamber, EDC and Economic Alliance also have copies to
distribute.
During the month of May, staff worked with graphic designer Ann Howell on the Facts at a Glance
Community Profile. This marketing brochure provides a quick overview of utility contact
information, development fees, and community information. This information will be included in the
City's business kit, website and distributed through the Chamber, EDC and Economic Alliance.
Temecula Creek Inn was featured as part of the ABC television show "The View." The City
provided b-roll footage for the "girlfriends getaway segment." The segment (with 13.5 million
viewers!) aired during the Thursday, May 25'h broadcast.
Staff reviewed final draft of the Temecula information in the Inland Empire Relocation and
Visitors Guide. Staff provided the information and photos to the Inland Empire Tourism Council.
The guide will be published in summer '06 and distributed through the Inland Empire Tourism
Council and Inland Empire Economic Partnership at tourism and business trade shows.
Meetings
Staff attended the Economic Development Corporation of Southwest California Business
Relations Committee Meeting on May 4'h at California Bank & Trust. For the benefit of new
members of the committee and absentees, a recap of "Rules of Conduct for Retention Visits" was
reviewed. The committee discussed the possible merging of the administrative structure of the EDC
and Economic Alliance and the availability of information on the benefits and successes of EDC
business assistance. As of May, there have been 20 surveys. Staff reported on the following: the
Outdoor Channel was doing well and now had over 250 employees. Chemicon Corporation was
expanding and had recently purchased their old 33,000 sq. ft. building on Single Oak Dr. Guidant
had announced their 300,000 sq. ft. expansion and groundbreaking would be late May. KZSW TV
secured an agreement with Verizon to provide cable coverage of their local news and other
programming and staff put the station in contact with local Verizon construction representatives to
discuss providing cable fiber up to their headquarters. The Higher Education Center will be
awarding bids for grading on April 11 and anticipate opening the campuses in 2008. There is free
wireless service available in Old Town Temecula along Front Street and areas off Front Street.
Staff attended the Partners in Education Committee Meeting on May 1 st. Discussed planning a
site inspection for construction education programs in October since the new superintendent will be
aboard. Also, this will give time to line up funding from construction partners. Career Days at
Chaparral and Great Oak High Schools were completed. There was no time for a Career Day at
Temecula Valley High School. Education Committee should meet with counselors from all 3 high
schools and plan a uniform program for next year, possibly in March. Temecula students were
transported by buses to attend a College Fair. All 3 high schools participated in the Job Skills
Workshops.
On May 8'h, staff attended the EDC Budget Subcommittee Meeting and discussed EDC staffing.
Mayor Pro Tem Washington, Council Member Edwards and staff attended the Temecula/Murrieta
Group Meeting on May 5'h The Temecula Higher Education Project was discussed.
Staff attended the Southwest California Economic Alliance Partners Meeting on May 25'h. The
Economic Alliance reported that they have been working with Kimberly Stevenson of the Garrett
Group in planning a NAIOP (National Association for Industrial and Office Properties) Meeting
at the South Coast Winery on June 8. Real estate professionals from the San Diego and Orange
County chapters will attend. The Alliance reported that good prospects from the ERISS survey (this
is a survey of San Diego higher tech firms to determine potential expansion/relocation activities) will
be invited to the NAIOP event. The Alliance purchased 12 spots in the EDC golf tournament to be
used for the ERISS and NAIOP prospects. A few key participants were invited to stay overnight
prior to the golf tournament. Staff prepared city project information to Commercial Broker Fred
Grimes for his commercial retail presentation at the NAIOP event.
Staff attended the 1-15 Inter-Regional Partnership Committee Meeting ofWRCOG and SANDAG
on May 26th in the Temecula Council Chamber. Staff from SANDAG and WRCOG provided an
overview of the objectives of Phase II of the 1-15 Interregional Partnership between western
Riverside and San Diego Counties. The project pursues medium and long-term strategies identified
in Phase I, including: economic development, transportation, and housing.
Some highlights of the meeting included:
John Husing noted that the Riverside/San Bernardino region has experienced a 31 % increase in the
number of college-educated people in the past 4 years. He suggested that companies in the coastal
areas don't realize this and urged the Inland Empire cities and ED agencies to get the word out on
this. 68% of Temecula's adult workforce does have some college education which is actually higher
than San Diego and Orange Counties, and it is a fact that Temecula promotes.
Gary Gallegos, Executive Director of SANDAG, noted that SANDAG (the Transportation Planning
Agency for San Diego County) sponsors 500 carpools. Of those, 44% are from Riverside County,
and Mr. Gallegos requested funding assistance from Riverside County - perhaps through RCTC or
SCAG.
RCTC is doing a commuter rail feasibility study. This study will include looking at both the 1-215 and
1-15 corridors down to Temecula. The study will also look at Temecula to Escondido and downtown
San Diego for commuter rail using the High Speed Rail alignment.
Mayor Pro Tem Washington & Councilmember Comerchero and staff attended the International
Council of Shopping Center Convention in Las Vegas on May 22,d Staff met several times in
May to prepare for the convention.
Staff attended the EDC of Southwest California Board of Directors Meeting on May 18'h at the
University of Redlands. The Board approved the slate of nominees for the 2006 Director Elections
and ratified letters of support for Measure G and Measure E in Murrieta (School Bond). The County
announced that the Hemet Ryan Air Show is scheduled for June 1 O'h, with a VI P event on June 9'h
and reported that Howard Windsor is a candidate for County Chief. Staff reported on: the new
retail/demographic marketing brochure is completed, civic center master plan underway, grading
underway at the Higher Education Center site and wild life and cultural issues have been addressed,
the City's revenues continue to be strong at $63.6 million and our budgeted expenditures are
projected to be 61.25 million. Projects to be completed late fall '06 include the Temecula Public
Library and Patricia H. Birdsall Sports Park.
On May 16'h, staff met with representatives of the Temecula Valley Convention & Visitors Bureau
and provided Kimberly Adams with detailed information on the City's tourism marketing and
advertising program, budget, contacts, media list, quarterly calendar of events, etc. The CVB plans
to continue the same program for the leisure travel market next fiscal year.
Staff met on May 12'h with representatives of DCH and their development team to discuss
infrastructure requirements relating to the improvement of the Empire Creek portion of their property.
ATTACHMENTS
Temecula Valley Chamber of Commerce Activities Report
Temecula Valley Convention & Visitors Bureau Activities Report (not
submitted)
Southwest California Economic Alliance Activities Report (not submitted)
Economic Development Corporation of Southwest California Activities Report
(April reports submitted)
I~l~
TEMECULA VALLEY CHAMBER OF COMMERCE
June 7, 2006
Shawn Nelson, City Manager
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
Dear Shawn,
Attached please find the May Monthly Activity Report as per our contract with the City of Temecula.
This is the month of May at a glance:
Business Inquiry Highlights: In the month of May, three businesses requested information on
starting/relocating their business to Temecula. They received a business packet, which included a
copy of the City of Temecula demographics, relocation, housing, rentals, maps, organizations, etc.
TVCC Chamber Board Highlights: The 2006 Business & Economic Forecast Presented by Michael
Bazdarich, Chief Economist for Western Asset Management will present the Economic Forecast on
Thursday, June 22, 2006 at South Coast Winery. Mr. Bazdarich will focus his presentation on the
2006-07 economic outlook - regionally and globally.
TVCC Board of Directors unanimously voted to support Measure G at the May board meeting.
2006 Assembly Member Candidates Forum: The Chamber presented the 2006 Assembly Member
Candidates' Forum on Monday, May 22, 2006 at Temecula City Hall. Steve Adams, Kevin Jeffries,
Nancy Knight and Laurel Nicholson participated in the forum. Approximately 50 guests also were
present to observe the event.
Southwest California Legislative Council: The SWCLC motioned to support Measure G, a local
bond issue, which would provide funding for Mount San Jacinto to repair existing classrooms and
increase the number of classrooms in an effort to meet the growing need for job-training facilities and
academic program rooms. The Council is studying SB 1177, which addresses housing density and
affordable housing issues.
. Temecula Valley Convention and Visitors Bureau: Please see the attached May 2006 Monthly
Report.
Business Development Resource Committee: The Chamber Spotlight winner for May was Apples
& Jack Rabbits Inc. The June Mystery Shopper winner was Steel Connections Inc. Due in part to the
great attendance at the monthly Business Success Forums, a quarterly marketing topic has been
scheduled for June and September of this year. Paul Nolte with the Small Business Development
Center of the Inland Empire will be the guest speaker at the June 13'h Target Marketing Business
Success Forum.
Education Committee: The Student of the Year Luncheon will be held on Monday, June 12, 2006 at
Sizzler Restaurant in which 10 students will receive the Student of the Year award and a $1,200
scholarship. The Temecula Valley Chamber of Commerce awarded $4,000 in scholarships between
26790 Ynez Court. Temecula, CA 92591
Phone: (951) 676-5090. Fax: (951) 694-0201
www.temecula,org . e-rnail: info@temecula.org
the Citizen Scholarship Foundation and Linfield School. The scholarship recipients are: Brittany Gray
and Ulysses Sosa from Chaparral High School, Grace Choi from Temecula Valley High School and
Brittany Watts from The Linfield School.
Membership & Marketing Committee: Twenty-five businesses joined the Chamber this month and
ninety-five members renewed. Staff and Ambassadors attended ten Ribbon Cutting events. The
Membership Networking Breakfast was held at Embassy Suites Hotel and was attended by sixty-nine
members. Fifteen members attended the April Power Networking Workshop. The attendees
commented they enjoyed the new workshop format. The monthly mixer was hosted by the Lake
Elsinore Storm and co-hosted by the US Army and California Coast Credit union. The mixer was a
hit.
Special Events Committee: The 6'" Annual Business & Economic Forecast will take place at South
Coast Winery Resort & Spa on Thursday, June 22, 2006 from 7:30 a.m. to 9:00 a.m. Presenting will
be Michael Bazdarich, Chief Economist for Western Asset Management Corporation. The 2006
Legislative Summit will be held on Thursday, September 14th at South Coast Winery Resort & Spa.
The topics that will be discussed are transportation and utilities. Featured panelists confirmed to date
will be Wally Baker with the LAEDC, Joe Grindstaff with the California Bay Delta Authority and
Anthony Miranda with Pechanga Development Corp. The event moderator will be Dan Walters with
the Sacramento Bee. Invited panelists are Assembly member John Benoit, Senator Alan Lowenthal
and California Energy Commissioner Joseph Desmond.
Tourism Highlights (Bulk brochure distributors)
Activity Report:
. 280 Visitor Guide requests were processed from the City of Temecula's Westway's advertising
marketing piece.
. 216 Visitor Guides were distributed to Christie & Marcia with Pechanga Resort & Casino for
convention sales.
. 108 Visitor Guides were distributed to Veronica with the Comfort Inn Temecula for hotel guests.
. 190 Winery Brochures and 40 Winery Maps were distributed to Norma with Municipal Water
District for a solar cup race.
. 70 Winery Maps were distributed to Diana Johnathan Howard for a family reunion in Temecula.
. 50 Visitor Guides, 50 Winery Brochures, and 50 Winery Maps were distributed to A Grape
Escape Balloon Adventure for Media Kits for the Balloon & Wine Festival.
. 29 Visitor Guides, 29 Winery Brochures and 29 Winery Maps were distributed to Linda Kissam
with the Wine Growers Association for monthly meetings.
. 50 Visitor Guides, 50 Winery Brochures and 50 Winery Maps were distributed to Theresa with
Reunion Brat for a conference at Pechanga for American Ex-POWs.
. 20 Visitor Guides and 20 Winery Brochures were distributed to Sue Kaiser with RBF Consulting
for a corporate managerial retreat.
. 16 Visitor Guides, 16 Winery Brochures and 16 Winery Maps were distributed to Carla Casetta
with California Southwinders RV Club for a group staying in Temecula in August of 2006.
Activity Report:
. Tourism calls for the month of May - 1,563
. Phone calls for the month of May - 2,852
. Walk-ins for the month of May - 2,207
. Web Page User Sessions for the month of May - 6,380
Also, attached are the meeting minutes for the Convention and Visitors Bureau, Southwest California
Legislative Council, Business Development Resource, and Membership & Marketing committees. If
you have any questions regarding this information, please call me at (951) 676-5090 or e-mail
asullivanililtemecula.oro. Thank you.
"'~:~
Alice Sullivan
President/CEO
ce: Mayor Ron Roberts
Councilman Jeff Comerchero
Shawn Nelson, City Manager
Jim O'Grady, Assistant City Manager
Gloria Wolnick, Marketing Coordinator
Mayor Pro Tern Chuck Washington
Councilman Mike Naggar
Councilwoman Maryann Edwards
Gary Thornhill, Deputy CIIy Manager
TYee Board of Directors
Temecula Valley Chamber of Commerce
Monthly Activity Report
May 2006
Chamber Vis. Center Year-To-Date
PHONE CALLS This Month This Month Total
TOURISM
Tourism Referrals 329 1,337 1,008
Calendar of Events 192 746 554
Special Events 208 1,001 793
General Information 834 3,676 2,842
TOTAL TOURISM CALLS 1,563 6,760 5,197
Relocation 135 590 455
Demographics 53 417 364
Chamber 498 2,632 2,134
Miscellaneous 603 2,313 1,710
TOTAL PHONE CALLS 2,852 5,952 4,663
WALK-INS
Tourism 147 13 826 679
Calendar of Events 136 2 537 401
Special Events 89 770 681
General Information 934 22 3,676 2,742
Relocation 91 3 2,312 2,221
Demographics 42 289 247
Chamber 410 2,085 1,675
Miscellaneous 358 1,977 1,619
TOTAL WALK-INS 2,207 40 12,472 10,265
MAILINGS
Tourism 791 5,369 4,578
Relocation 20 168 148
Demographics 12 144 132
TOTAL MAILINGS 823 5,681 4,858
E-MAIL
Tourism 23 165 142
Relocation 8 120 112
Miscellaneous 174 703 529
TOTAL E-MAIL 205 988 783
WEB PAGE USER SESSIONS 6,380 25,415 19,035
GRAND TOTALS This Month Year- To-Date
PHONE CALLS 2,852 5,952
WALK-INS 2,207 12,472
MAILINGS 823 5,681
E-MAIL 205 988
WEB PAGE USER SESSIONS 6,380 25,415
Annual Volume Comparisons
Chamber Chamber Percentage
May 2005 May 2006
PHONE CALLS
TOURISM
T ou rism Referrals 371 329 -11%
Calendar of Events 216 192 -11%
Special Events 278 208 -25%
General Information 645 834 29%
TOTAL TOURISM CALLS 1,510 1,563 4%
Relocation 172 135 -22%
Demographics 132 53 -60%
Chamber 743 498 -33%
Miscellaneous 460 603 31%
TOTAL PHONE CALLS 3,017 2,852 -5%
WALK-INS
Tourism 183 147 -20%
Calendar of Events 136 136 0%
Special Events 93 89 -4%
General Information 390 934 139%
Relocation 154 91 -41%
Demographics 105 42 -60%
Chamber 591 410 -31%
Miscellaneous 292 358 23%
Visitor Center Walk-Ins 105 40 -62%
TOTAL WALK-INS 2,049 2,247 10%
MAILINGS
Tourism 212 791 273%
Relocation 31 20 -35%
Demographics 39 12 -69%
TOTAL MAILINGS 282 823 192%
E-MAIL
Tourism 94 23 -76%
Relocation 67 8 -88%
Miscellaneous 171 174 2%
TOTAL E-MAIL 332 205 -38%
WEBSITE USER SESSIONS 5,836 6,380 9%
* Chamber referrals reflect faxes, walk-ins and phone calls
(42)
(24)
(70)
~89
53
(37)
(79)
(245)
~43
(~65)
(36)
(4)
544
(63)
(63)
(~8~)
66
(65)
~98
579
(~~)
(27)
54~
(7~)
(59)
3
(~27)
544
I~l~
TEMECULA VALLEY CHAMBER OF COMMERCE
Business Development Resource Committee
MEETING MINUTES
Wednesday, May 17th, @ 8:00am
TVCC Conference Room Sponsored by Community Little Book
Committee Chair: Bob Hagel (present)
Board Liaisons: Bill Seltzer (present)
Co-Chair: Ginny Mulhern (present)
Members Present: Laura Bruno, Barak Berlin, Carole Crocker, Roselyn Hall, Chad Hensley
Staff Present: Michelle Knowles
Aooroval of Minutes
A motion was made to approve the March 15th, 2006 meeting minutes as written. The motion
was seconded and carried.
Member Recoanition Proaram
Mvsterv Shooper Proaram
The Mystery Shopper winner for April is We The People. Hagel announced he has a contact of
someone new to the community that would be willing to Mystery Shop businesses. The
Committee suggested placing Mystery Shopper criteria in all new member packets and the
Temecula Today newsletter.
Chamber Sootliaht
The May Chamber Spotlight winner is Stillpoint Center for Integrative Medicine.
Business Success Forum
Mulhern gave a recap of the April 14th Business Success Forum. The Small Business
Development Center is willing to provide material for the months with marketing topics. May's
topic of discussion will be Hardware & Software For Your Business.
Resource Librarv:
Crocker and Hensley provided the committee with a sample layout of book inserts and a
commitment form for those companies that are interested in sponsoring books for the Temecula
Library. They asked to meet to discuss further with a subcommittee including Berlin and
Crocker.
Technoloq'{ EXQo
Hagel provided the committee with last years Zoomerang questions and asked for any
suggestions. Staff will send out the survey after it has been finalized.
Board Uodate
Seltzer updated the committee on the Chamber Golf Classic, which will take place on Friday,
May 5th at Temecula Creek Inn. The Mixer is tonight at 5:30pm at Lake Elsinore Storm Baseball.
The Ambassador Networking Breakfast is next Wednesday, April 26 at 7:30am at the Embassy
Suites Hotel-TV Wine Country.
Committee Uodates
No report.
~diournment
Thank you for attending!
NEXT MEETING: June 21St, 2006 at 8:00am
Location: TVCC Conference Room Sponsored by Community Little Book
Il' 'Ii TEMECULA VALLEY
IA..~ CHAMBER OF COMMERCE
Building strong business and community relaJionships
Membership and Marketing Meeting Minutes
Wednesday, May 10, 2006 - 8:00a.m. -9:00a.m. Chamber Conference Room
Sponsored by Community Uttle Book
Celebrating 40 Years of Service
Mission Statement: Develop programs to maintain and build a membership commensurate with the
growth of the T emecula business community and simultaneous growth of the Chamber. Serve as
goodwill representative and strive to enhance the value of membership encouraging ongoing dialogue
between members.
Committee Chair: Dan Brunell
Co-Chair: JannGentry
Board Liaisons: Janet Beck
Tom Paradis
Committee Present: Jack Harlan, Jann Gentry, Dan Brunell, Ginny Mulhern, Barak Berlin, Scott
Crane, Carole Crocker, Yolanda Levy, Tom Mckenzie, Denice Games, Bill Nutter, Lavonna Lacy,
Tony Berardino, Dan Murry.
Board Liaisons Present: Janet Beck, Tom Paradis
Staff Present: Jodi Wenzel, Kimberly Freize-Uhler, Alice Sullivan
Minutes
Committee Chair Dan Brunell called the meeting to order at 8:00a.m. Self-introductions of the
committee followed. The minutes of the previous meeting were reviewed and motioned for approval
by Barak Berlin and seconded by Ginny Mulhem, which carried.
Scecial Presentation:
A representative from the American Cancer Society - Relay for Ufe reported that their event is
scheduled for June 24-2Sth and will be held al ????? The goal is to increase cancer awareness in
the community and raise money to fight against cancer. The event will be held over a 24hour time
frame with special entertainment and amenities running the duration of the event including a special
tribute to cancer survivors.
Sub-Committee Reports
Retention:
By Dan Brunell:
Retention letters were sent out and calls were made for the April drops. Using a script to assist in
directing the dialog of the calls was suggested. Nothing additional to report at this time.
Welcome:
By Dan Brunell:
Thank you to those who are assisting in making the calls. Brunell reported at the next Ambassador
meeting they will review the survey provided by Denice Games to discuss implementation.
Ambassador participation in making retention calls was also discussed. Ideas were shared on the
timing of calls to members and the number of people needed to make all of the calls, further
discussion and implementation will take place at the next Ambassador meeting scheduled for June 7,
2006.
Networkina Breakfast:
By Jack Harlan
Harlan reported the committee was still in need of Coffee sponsors and it was reported the Spotlight
sponsors are almost full for the year. There was discussion on the best month to kick-off the
Networking luncheon. The committee will work on having the first luncheon in the month of October.
Marketina:
By Carole Crocker-Sub Committee Chair:
Nothing new to report at this time. The next Taskforce meeting is scheduled for May 16, 2006 @
1 0:00am at the Chamber.
Power Networkina Workshop:
By Staff:
Staff reported the April Power Networking Workshop was well attended. The workshop continues to
be a success.
Mixer:
By Ginny Mulhern:
The mixer event is doing great and has been very well attended. A sign-up sheet for volunteers for
the May Mixer was passed around. Staff provided a listing of the remaining mixer hosts for 2006.
Ambassador Proaram:
By Jann Gentry-Sub Committee Chair:
Gentry reported the number of Ambassador's is increasing but would still like to recruit more
individuals. She would like to see 40 individuals in the program. Gentry thanked the Ambassadors
currently in the program. It was reported the Ambassadors are helping with the welcome calls,
Retention Committees and ribbon cuttings
Member ADDreciation NiDht:
By Ginny Mulhern - Sub Committee Co-Chair
Mulhern reported that the committee has secured the Mercantile Building at the Old Town Community
Theatre. Nothing additional to report at this time.
4th of Julv Event:
By Ginny Mulhern _ Sub Committee Chair
Mulern asked for imprinted items to distribute at the event, it was suggested that an email be sent to
the membership requesting imprinted items for distribution from the TVCC members. It was reported
a sign-up sheet to work the event is being circulated.
City of Temecula ReDort,
By: Alice Sullivan
Nothing to report at this time
Hosoital ReDor!,
By Scott Crane: - SouthWest Healthcare System
Nothing additional to report at this time.
Board ReDort,
By Janet Beck & Tom Paradis
Sullivan reported the Board was excited to see the idea of the quarterly luncheon and approved the
project form. Sullivan also reported that SB288 relating to Indian Gaming passed which will have a
direct impact on the amount of money the Inland Empire will be receiving. She also reported the
Youth Job Fair was scheduled to be held on April 29,2006. Sullivan reported The State of the City
event was attended by 550guests. It was reported the Convention and Visitors Bureau was going to
be in front of the Temecula City Council that same day to ask for funding. Sullivan mentioned the Old
Town Temecula Business Association was formed and the merchants in the Old Town Area have
extended their business hours to accommodate evening shoppers.
ODen Discussion:
The dates and times of the upcoming Temecula Valley Chamber of Commerce Events were reviewed.
Meeting adjourned: 9:00am
Next Meeting Date: Wednesday, June 14, 2006
Chamber Boardroom
Sponsored By: Community Little Book
SOUTHWEST CALIFORNIA LEGISLATIVE COUNCIL
www.SouthwestCaliforniaAdvocacy.biz
Temecula Valley Chamber of Commerce
Murrieta Chamber of Commerce
Lake Elsiuore Valley Cbamber of Commerce
Meetiug Minutes
Monday, May 15, 2006
Lake Elsinore Valley Chamber of Commerce
2006 Chair:
Joan Sparkman (Present)
2005 Chair:
Gene Wunderlich (Absent)
2007 Chair:
Dennis Frank (Present)
Chamber Advocacy:
Shaun Lumachi (Present)
Directors Present:
Dr. Billie Blair, Tom Kenney, Isaac Lizarraga, Roger Ziemer, Karen Wikert,
Amber Wiens, Craig Schleuniger Glen Daigle, Scott Crane
Directors Absent:
Greg Morrison, Tim Kuzelka, Carl Johnson
Members Present:
Staff:
Kim Cousins & Justin McColley - Lake Elsinore; Alice Sullivan & Laura
Turnbow - Temecula; Rex Oliver - Murrieta
Sparkman called meeting to order at 12:10 p.m.
New Business:
I. Discussion of Cal Chamber Sununit/Legislative Conference in Sacramento.
2. Discussion of Candidates Forum
3. Approval of 04/17/2006 Minutes
A motion was made to approve the April 17 , 2006 meeting minutes as written. The motion was
seconded, and carried.
Old Business:
4. Measure G - Measure to provide funding for building and repairs to MSJC, explanation by Dennis
Frank. Recommended position: Support. Motion to Support made by Glen Daigle. Motion was
seconded by Tom Kenney and carried.
5. Fourth Legislative Report of the Year-
. SB 1177 - Housing Density Bonus - Explanation by Rita Massey (Hollingsworth Rep.)
Discussion.
. SB 1274 - Business Monopolies Prevention, no anti-trust lawsuits - Recommended position:
Oppose. Explanation by Shaun, Shaun recommends this as a watcb item, more information
needs to be gathered. Motion to oppose made by Glen Daigle. Motion was seconded by
Tom Kenney and carried.
. SB 1311 - Liability Waivers, written and verbal to be in native language of signing party -
Recommended position: Oppose. Explanation by Shaun. Motion to oppose made by Tom
Kenney to oppose this item. Motion was seconded by Roger Ziemer and carried.
I
. SB 1429 - Punitive Damages: Product Liability - Recommended position: Support.
Explanation by Shaun. Motion to Support made by Dennis Frank. Motion was seconded by
Craig ScWeuniger and carried.
. AB 110 I - Air Pollution: Diesel Magnet Source - Recommended position: Oppose.
Explanation by Shaun and discussion. Motion to Oppose made by Dennis Frank. Motion
was seconded by Billie Blair and carried.
. Indian Gaming Regulatory Act - Discussion of a support request received, item was opposed.
. Shaun concludes his Report.
6. Announcement by Alice Sullivan about Candidates Forum.
7. Bond Package Update by Joseph Turner.
. 4 separate bonds:
. Education
. WaterlLevee System
. Housing
. Transportation
. Explanation and Discussion. Joan requests a follow-up
. Joseph concludes his report.
8. Shaun Comments:
. Thank you Amber for your efforts on P & R campaign for SWCLC
9. Dennis Frank comments.
. Request terminology change on "sponsors" tag on SWCLC literature.
10. Rex Oliver comments:
. AB 2987 - Cable Video Servicing, Discussion.
II. Meeting Adjourn - There being no further discussion, Ibe meeting was adjourned at I :31 p.m.
2
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May 12, 2006
Jim O'Grady
City of Temecula
PO Box 9033
Temecula, CA 92589
RE: EDC Activity Summary - April 2006
Business and Workforce Develonment
Staff responded to the following 10 business and workforce developmen1 requests in April 2006:
Date Lead Source Reguest Action Taken
04/04/06 Phone Client requested information on Provided client with contact at City of Lake Elsinore.
tax incentives to build in Lake
Elsinore.
04/06/06 Email I Client requested a list of I Provided client with requested information.
employers in Temecula.
04/07/06 Email Client requested demographic Provided client with requested information. Client is a
data for Temecula and Murrieta. publisher of a local monthly health magazine. This
project is ongoing.
04/ll/06 Email Client requested contact person Provided client with requested information.
and demographic information for
Wildomar.
04/13/06 Email Client requested contact Provided client with requested information.
information of key business
leaders.
04/19/06 Email Client requested site search of I Provided client with contacts to regional EDC brokers,
land in Lake Elsinore. city staff, and EDC and Economic Alliance website.
04/21/06 Phone Client requested information on Provided client with contacts to City of Lake Elsinore,
residential growth around Hwy. Lake Elsinore Chamber of Commerce, and SWRC
74 and 1-15. Association of Realtors.
04/24/06 Email Client seeking assistance with This project is ongoing.
fmding land to build a tennis
complex.
04/28/06 Email Client requested information on Provided client with requested information.
the proposed Temecula Education
Center
04/29/06 Email Client requested assistance in site Provided client with leads to existing vacant buildings
search to set up an entertainment / and possible sites. This project is ongoing.
comedy club business.
Jim O'Grady
City of Temecula
EDC Activity Summary - April 2006
Page 20f2
Community Outreach
Staff and! or EDC directors attended the following meetings/events to promote or support economic
development/community outreach:
. Temecula State ofthe City (4/5)
. Murrieta Temecula Group (4/7)
. TVCC Partners in Education Committee Meeting (4/10)
. Reception for Dr. David Long, Riverside County Office of Education (4/11)
. WRGOG/SANDAG IRP Economic Development Working Group (4/13)
. Temecula State of the City Recap Meeting (4/18)
. Lake Elsinore Chamber EDC Luncheon (4/20)
. EDC Entrepreneur Workshop (4/20) - Held monthly at the Mary Phillips Senior Center
Busines. ,Retention
. Bnsiness Relations Committee Meeting (4/6) - Minutes are attached.
Administration/Or!!anization
. EDC Transportation & Infrastrncture Committee Meeting (4/13) - Minutes are attached.
. EDC Edncation Committee Meeting (4/14) - Minutes are attached.
. EDC Board of Directors Meeting (4/20) - Minutes are attached.
. Administration - Staff managed the daily operations ofthe EDC office; administered website
updates; finalized development of a new EDC newsletter; began new EDC brochure project;
coordinated the EDC Quarterly Lunch on 4/27; began administration of the EDC annual golf
tournament; began drafting EDC budget for FY 2006-2007; began EDC nomination process for
Director-At-Large elections; and emailed the following business development/community
announcements:
'? Free EDC Workshop - "Franchising 101"
'? EDC 12th Annual Golf Tournament
'? EDC Quarterly Luncheon - "a Traveler's Tale - Driving in Sou1hwest California"
This concludes the activity summary for April 2006. Should you have questions or need further detail,
please call me at 951.677 .1862.
Respectfully,
'-T)~
./"
Diane Sessions
Executive Director
ECONOMIC DEVELOPMENT CORPORATION
OF SOUTHWEST CALIFORNIA
BUSINESS RELATIONS COMMITTEE MEETING
Thursday, April 6, 2006 - 8:00 a.m.
Crossroads Corporate Center
University of Phoenix Building, 4th Floor
25240 Hancock Ave., Suite 200, Murrieta, CA 92562
Committee Members Present:
Paul Anderson, Strategic Catalysts, Inc.
Lisa Marie Ells, Cutting Edge Staffing
Derrick Fox, Swenson Advisors
Stan Harter, Law Offices of Stanley A. Harter
Ross Hunt, Ross & Mary Hunt, Inc.
Ashley Jones, City of Murrieta
Jim O'Grady, City ofTemecula
Harry Shank, Southwest Community Bank
Joanna Quigley, Wells Fargo Bank
John Willis, Merrill Lynch
Guests:
Jessica Large, Hurd Architecture
Simone McFarland, City of Murrie1a
EDe:
Diane Harris
Diane Sessions
Call To Order
· Chair Stan Harter called the meeting to order at 8:08 a.m. and thanked the meeting hostess, Joanna
Quigley, Wells Fargo Bank. He welcomed the Committee and introductions were made. The
Committee discussed and agreed upon moving the scheduled meeting time up from 9:00 a.m. to 8:00
a.m. for all future meetings. Diane Sessions would send out an email notice informing committee
members of the change.
Follow-Un Action Renorts
. Gregory Lee - contact Motion Industries in Ontario for possible relocation to Southwest California. In
process. Mr. Lee was not available.
· Diane Harris - compile list oflocal professionals - attorneys, insurance and CP As for committee binders
- In process. A listing of attorneys was emailed to committee members for review before finalizing and
submitting to the Board. The insurance and CP As listing was in process.
· Gregory Lee - follow up with Invitrogen in Carlsbad. Ms. Updyke's husband could be a resource for the
company. In process. Mr. Lee was not available.
Comnanv Contact Renorts
· Bella Sante - Lisa Marie Ells reported that she met with Sue Nelson, the owner of Bella Sante, a spa
offering skin care, massages and cosmetics. The spa was located on Jefferson Avenue in Temecula and
had been in operation for 5 % years in Southwest California. Ms. Nelson had purchased the spa from its
original owners. An advantage of the area was the spa's established reputation; a disadvantage was its
location was hard to find. Business was stable, primary customers were women from 30 - 60 years of
age located in Temecula, Murrieta, Wildomar, Canyon Lake and Fallbrook. Materials/supplies used in
the company's industry were skin care products and cosmetics. Bella Sante used vendors and suppliers
located in Carlsbad and outside the local area. The spa planned on introducing medical esthetics in the
next 2 years. The spa's primary market was local and it did not import or export products. Bella Sante
was operating at 80% capacity in its leased 1,325 square foot facility. The spa planned on expanding to
2,000 square feet in Temecula within 2-3 years creating 2-4 new jobs. Enhancement and/or
improvement of telecommunications technology would be beneficial to Bella Sante.
EDC Business Relations Committee Meeting
Minutes - April 6, 2006
Page 2 oD
Special equipment or technology used were Verizon, DSL, and specialized skin care equipment. The spa
had 3 full-time and I part-time contractor, all living in the Temecula/Murrieta area. Bella Sante had
problems recruiting contractors with math skills. An advantage in local recruitment was that contractors
were more likely to stay; a disadvantage was the smaller pool of workers. Recruitment methods were
employment agencies and word-of-mouth. To be competitive, the company's employees needed
computer skills, automated business/office skills, appointment scheduling and basic skills. All of the
company's positions were skilled, excluding the reception staff. Bella Sante did not need assistance
from the EDC and might be a contact for companies relocating to the area. Ms. Nelson did not indicate
if she was happy doing business in Southwest California, but commented that the area had high rental
rates and taxes.
· Sierra Pacific Farms - Ms. Ells reported that she met with Keri Colonder, the office manager at Sierra..
Pacific Farms. Sierra Pacific was in the business of farm management. A business advantage to the area
was the local farms, there were no disadvantages listed. Primary customers were local avocado farms.
The types of materials/supplies used in its industry were water and electricity. Sierra Pacific used
vendors and suppliers located in Temecula. The company did not anticipate new products or services in
the next 2 years. Its primary market was local and it did not import or export products. Sierra Pacific
owned the land on which its offices were located and there were no plans to expand in the foreseeable
future. The enhancement and/or improvement of telecommunications technology would be beneficial to
Sierra Pacific. Special equipment or technology used included cellular and data services for field
personnel. The company had 40 full-time employees and 42 part-time/seasonal employees. Forty-eight
employees lived in Temecula/Murrieta, 32 in San Diego County and 2 in other areas. Sierra Pacific used
employment agencies and word-of-mouth to recruit new employees. Twenty-one percent of company
positions were skilled. Employees needed to possess specialized farming skills to make the company
competitive. Ms. Colonder was not willing to be a contact person for companies relocating to the area.
Sierra Pacific Farms was happy doing business in Southwest California
Annual Goal Renort
. Stan Harter announced that visits and phone interviews in the tenth month of the fiscal year were as
follows:
YTD
Goal
Actual
VISIT
PHONE
17
3
SURVEYS
60
20
Onen Discussion
. For the benefit of new members of the committee, "Rules of Conduct for Retention Visits", were
provided and discussed among the members, and Harry Shank conducted a condensed visitation with
Joanna Quigley of Wells Fargo.
. EDe Board Update - No report.
· General Announcements - City of Temecula - Jim O'Grady reported the Outdoor Channel was doing
very well and now had over of 250 employees. Chemicon Corporation was expanding and had recently
purchased their old 33,000 square foot building on Single Oak Drive.
EDC Business Relations Committee Meeting
Minutes - April 6, 2006
Page3 of 3
Guidant Corporation had announced a 300,000 square-foot expansion at a new campus between Ynez
Road and Margarita Road, south of Costco in Temecula. Groundbreaking could be later this month.
KZSW TV Channel 27 had secured an agreement with Verizon to provide cable coverage of their local
news and other progrmnrn;ng; Mr. O'Grady was able to put the station in contact with local Verizon
construction representatives to discuss providing cable fiber up to their headquarters. The Higher
Education Center project will be awarding bids for the grading on April II and anticipate opening the
campuses in 2008. There was free wireless service available in Old Town Temecula along Front Street
and some areas off Front Street. Temecula Valley Chamber of Commerce - No report. City of
Murrieta - Ashley Jones announced the City would be attending the Society of Industrial and Office
Real Estate Conferences in La Quinta. Brokers and developers would be represented from all over the
nation and Murrieta would be sponsoring one of the breakout sections. Murrieta Chamber of
Commerce - No report. City of Lake Elsinore - No report. Lake Elsinore Valley Chamber of
Commerce - No report. Southwest California Economic Alliance - No report. Menifee-Sun City
Chamber of Commerce - No report.
. Ms. Quigley invited the Committee to tour the facility after the conclusion of the meeting.
Adiournment
. The meeting adjourned at 10: 15 a.m.
ECONONUCDEVELOPMENTCORPORATION
OF SOUTHWEST CALIFORNIA
EDUCATION COMMITTEE MEETING
Friday, April 14, 2006 10:00 a.m.
California Bank & Trust
41615 Winchester Road, Temecula, CA 92590
Committee Members Present:
Frank Casciari, California Bank & Trust
Bill Prouty, Global Economic & Workforce Development Coalition
Barbara Tooker, Temecula Valley Unified School District
Diane Sessions, EDC
Guests Present:
Mely Fitzgerald, DC Riverside
Diane Harris, EDC
Call to Order
The Education Committee meeting was called to order by Diane Sessions at 10:02 a.m.
Annrove Minutes
The Committee reviewed the minutes of the March 10, 2006 meeting.
Review Previous Action Items
The committee reviewed the following action items from previous meetings:
I. Committee to create Education Attainment & Worliforce Resource Guide.
Place as goals for FY 2006-2007 and remove from action items.
2. Plan evening worliforce workshops for students.
Looking for corporate trainer from local company
3. Contact regional school districts to learn about scholarship donation opportunities and
advise of "EDC Worliforce Scholarships"
Place as goals for FY 2006-2007 and remove from action items. The committee would
make contact during the summer months.
4. Diane Sessions to draft an outline of topics to look at for the worliforce workshops and come
up with a date in the late spring before graduation.
Place as goals for FY 2006-2007 and remove from action items.
5. Barbara Tooker to look into finding someone from the California State Apprenticeship
Program.
On hold. The apprenticeship program is undergoing reorganization. The California
Department of Education had agreed to assist in rmding a contact from the program.
Barbara Tooker to follow up after Superintendent search.
EDC Education Committee Meeting
Minutes - April 14, 2006
Page 2 of3
6. Diane Sessions to stop by recruiting office to inquire about proctoring ASVAB testing.
In progress - Ms. Sessions would stop by recruiting office in Temecula.
7. Diane Sessions to contact LEUSD Superintendent Prank Passarella.
In progress. Diane to contact Sandy Fair at Lake Elsinore Unified School District in the
summer.
8. Barbara Tooker to provide a contact from Murrieta Valley High School.
Pending until summer.
Diane Sessions to contact Cutting Edge Staffing for possible soft skills training of students.
Place as goals for FY 2006-2007 and remove from action items.
9. Ms. Sessions to contact Renata Johnson at Murrieta High School and the principal of Vista
Murrieta High School to set up appointments. Pending until summer.
Continuinl! Business
. Workforce Skills Survey Report Results - The committee discussed contacting the
companies that completed the survey and forming a group to explore training options. The 2
or 3 highest needs could become the focus of the training. Customer service, ethics and team
building could be good courses to offer. Customer service courses could be first developed,
after checking to see if there was interest among local companies in having its employees
attend. The committee could partner with the University of Redlands or Concordia
University for classroom space. Guidant, Professional Hospital Supply and other large
companies might be able to volunteer company trainers for adult classes. Workforce
Development could also be contacted. For student classes, California Online Resources for
Education ("S.C.O.R.E.") and the Regional Occupational Program ("RO.P.") in the high
schools could be contacted. Ms. Sessions could do a breakdown of costs before deciding
upon funding mechanisms.
New Business
. In the month of May, Ms. Sessions would be attending the Bank of America Achievement
Awards Program for California. She suggested partnering with Bank of America to develop
a similar program for Southwest California students. Ms. Sessions would report back to the
committee after attending the Bank of America program.
Other Announcements
. The EDC would host its Quarterly Luncheon on April 27. The cities of Lake Elsinore,
Murrieta and Temecula as well as Riverside County would present road, highway and
transportation infrastructure projects.
. The EDC l2'h Annual Golf Tournament would be held on June 9. There were sponsorship
opportunities available for the tournament.
. Barbara Tooker reported that there were 30 applicants accepted for the superintendent search.
The board members had the packets and would consider them individually. The board would
meet with a consulting firm, conduct interviews and a selection could be made May 23.
EDC Education Committee Meeting
Minutes - April 14, 2006
Page 3 on
New Action Items
. Ms. Sessions to report back to the committee after attending the Bank of America
Achievement Awards Program for California in May.
Adiournment
The meeting adjourned at II :00 a.m.
Results ofEDC Workforce Needs Assessment Survey
Question 1: Does your company have a personal development plan for
employees? Yes-11 No-6 No Answer-3
Question 2: Are you familiar with Employer Training Panel Funds (ETP)
that are available for training programs for your company's employees?
Yes-6 No-14
If so, have you ever received ETP grants for employee training?
Yes-2 No-12
Comments:
1) Manufacturing, computer skills, continuous implementation
2) We are working with ETP currently
Question 3: Please give the number of positions hired in each of the areas
below.
Sales: 30
Customer Service: 192
Production: 193
Order/Call Center: 5
Warehousing: 14
Line Supervisors: 47
Technical/Design: 70
Quality Assurance: 10
Admin/Clerical/Secy: 101
Financial Acctg: 33
Marketing: 2
Planning/Scheduling: 10
Inventory Mgmt: 4
Other: 114
Question 4: What 2 areas above would you like to see improvement in your
workforce?
Sales: 2
Customer Service: 5
Production: 2
Order/Call Center:
Warehousing:
Line Supervisors:
Technical/Design: 1
Quality Assurance: 2
Admin/Clerical/Secy: 2
Financial Acctg:
Marketing: 2
Planning/Scheduling: 1
Inventory Mgmt: 1
Other: 1
Page 1 of3
Question 5: Please rate the importance of the following skill sets on a scale
of high, moderate or low.
Math:
Reading:
Writing:
Verbal Communication:
Interpersonal Skills:
Teaming Efforts:
Customer Service:
Change Process:
Technical Skills:
ESL:
7-H
16-H
14-H
16-H
16-H
16-H
20-H
8-H
10-H
2-H
12-M
4-M
6-M
4-M
2-M
4-M
l-L
9-M
7-M
6-M
2-L
3-L
6-L
Question 6: Do you believe your company has a need for courses in a
language other than English: Yes-2 No-18
Question 7: Are there any specific areas of education and training that your
employees need? Yes-9 No-ll
Please specifj;:
I) Computer skills
2) Time management, ethics, QA/QC
3) Customer service
4 ) We are required to do safety and technical training in house on a
quarterly basis
5) SAP RFID Technology
6) Sales related
7) Project management
8) Communication skills
9) Basic math skills, training/understanding of work ethics, employer
expectations, etc.
Question 8: Are there any workshops or courses from professional
organizations that you have used or would like to use: Yes-II No-9
Page 2 on
Please specifj;:
I) Blanchard Organization; Cindy Morotny - Master
Communications Sales Manager Training
2) Industry (chamber) staff training sessions, US Chamber - Institute
for Organizational Management
3) APICS & AME
4) Safety Training, Sexual Harassment Training, Management &
Team Building
5) . Apics San Diego, SAP
6) Various sales related/performance related seminars
7) ASCE (American Society of Civil Enginers
8) Franklin covey 7 Habits Program
9) We have used Employers Group for supervisory training.
Page 3 00
ECONOMIC DEVELOPMENT CORPORATION
OF SOUTHWEST CALIFORNIA
TRANSPORTATION & INFRASTRUCTURE COMMITTEE
Thursday, April 13, 2006 - 8:00 a.m.
EDC Office - French Valley Airport
37552 Winchester Road, Suite A, Murrieta, CA 92563
Committee Members Present:
David Phares, D.L. Phares & Associates
Diane Sessions, EDC
Guests:
Diane Harris, EDC
Call To Order
Committee Chair David Phares called the meeting to order at 8:00 a.m. The Committee reviewed the
meeting minutes of the March 10, 2006 meeting.
New Business
. Interregional Partnership Economic Development Working Group - The Committee
discussed building committee partnerships by calling around to invite the following new
committee members: Denis Ferguson, Doug Lieber, OB Johnson.
Continuinl! Business
. Plan Tri-City Transportation Luncheon - Diane Sessions reported that Temecula Mayor Ron
Roberts would be presenting at the luncheon on behalf of the City of Temecula. David Phares
would check to see if George Johnson or Juan Perez might be able to present on behalf Riverside
County. The Committee discussed the logistics of the luncheon.
Committee Renorts
None
Review Action Items
The committee reviewed the following new action items:
1. Mr. Phares to contact Stevie Field, George Johnson and Juan Perez to see who would be
available to give the presentation at the quarterly luncheon.
2. Ms. Sessions to provide the power point presentation and invitation to Mr. Phares to forward
on to the county. Ms. Sessions could follow up after the speaker is selected.
Adiournment
. The meeting adjourned at 8:50 a.m.
ECONOMIC DEVELOPMENT CORPORATION
OF SOUTHWEST CALIFORNIA
BOARD OF DIRECTORS GENERAL MEETING MINUTES
Thursday, April 20, 2006 - 9:00 a.m.
University of Redlands
27270 Madison Ave., Suite 217, Temecula, CA 92590
DRAFT
BOARD MEMBERS
Cathy Barrozo, City of Lake Elsinore
Scott Crane, Southwest Healthcare System
Stevie Field, County Board of Supervisors - 3'" District
Dennis Frank, DC Riverside - Temecula Center
Gary George, Verizon
Keith Johnson, Mission Oaks National Bank
Doug McAllister, City of Murrieta
Melanie Nieman, Eastern Municipal Water District
Jim O'Grady, City of Temecula
David Phares, D.L. Phares & Associates
Claude Reinke, The Californian
Ron Roberts, City of Temecula
Gary Youmans, Community National Bank
DRAFT
MEMBERS AND GUESTS
Jakki-Lee Anderson, Keeton Construction
Dr. Billie Blair, Leading & Learning, me.
EDC STAFF
Diane Harris
Diane Sessions
CALL TO ORDER
. Board President Dennis Frank called the meeting to order at 9:06 a.m. He welcomed members and guests.
APPROVE AGENDA
. Motion made by Claude Reinke, seconded by Gary George and carried unanimously to approve the agenda
as presented.
MINUTES
. The Board reviewed the minutes of the March 16, 2006 Board of Directors Meeting. Motion made by Keith
Johnson, seconded by David Phares and carried unanimously to approve the minutes ofthe March 16, 2006
Board of Directors Meeting as presented.
FINANCIAL REPOR'{
. March 31, 2006 Financial Report: The Board reviewed the March 31, 2006 Financial Report that showed
total monthly revenues of $7,965, total expenses of $21,333, and total cash-in-bank of $90,054. Motion
made by Gary George, seconded by Ron Roberts and carried unanimously to approve the March 31, 2006
Financial Report as presented.
NEW BUSINESS
. Vacated Board Position: Ms. Sessions reported that Mike Doblado was no longer with The Promenade in
Temecula, which left a vacant director's seat on the EDC Board of Directors. Mr. Frank and Diane Sessions
would speak with Mr. Doblado's successor to see if there was interest in serving on the EDC Board of
Directors.
Economic Development Corporation
of Southwest California
Board of Directors Meeting -April 20, 2006
Minutes - Page 2 of 4
. Approve New Executive Board Member Rob Moran, Riverside County EDA: Mr. Frank reported that
Rob Moran would replace Gregory Lee as an EDC board member representing the Riverside County
Economic Development Agency. Motion made by Gary Youmans, seconded by Doug McAllister, and
carried unanimously to approve new designee, Rob Moran, to the board position held by the Riverside
County Economic Development Agency.
. Permanent Location for EDC Board Meetings: Ms. Sessions announced that Jeanne McClellan had
offered the University of Redlands as a permanent location for EDC board meetings. The Board agreed that
all future board meetings would be held at University of Redlands, 27270 Madison Avenue, Temecula, CA
92590.
. Ratify Administrative Partnership between EDC and Economic Alliance: The EDC Executive
Committee took action on April 17, 2006 to approve the concept of an administrative partnership between
the EDC and Southwest California Economic Alliance. This action resulted from a meeting held by the
partners of the Southwest California Economic Alliance, Mr. Frank and Ms. Sessions to discuss such a
partnership. The EDC would act as a pass through for finances of the Economic Alliance. Ms. Field would
manage the Economic Alliance and would continue to work in some capacity for County Supervisor Jeff
Stone. Further details were in process at the County of Riverside. Motion made by Gary Youmans,
seconded by Gary George and carried unanimously to ratifY the EDC Executive Committee's approval on
April 17, 2006 of the concept for an administrative partnership between the EDC and the Economic
Alliance.
. Ratify Letter of Support for Candidate to UC Board of Regents: The EDC Executive Committee took
action on April 17, 2006 to approve writing a letter of support for Bruce Varner as a candidate to the UC
Board of Regents. Motion made by Gary George, seconded by Stevie Field and carried unanimously to
ratifY the EDC Executive Committee's approval on April 17, 2006 to write a letter of support for Bruce
Varner as a candidate to the UC Board of Regents.
CONTINUING BUSINESS
. Update on EDC Quarterly Luncheon April 27: The EDC Quarterly Luncheon on April 27 would focus
on highway improvements and infrastructure projects presented by Riverside County Transportation
Department and the Cities of Lake Elsinore, Murrieta and Temecula. EDC Transportation & Infrastructure
Committee Chair David Phares would emcee the prograrn. Mayor Roberts would be one of the presenters
along with representatives from the Cities of Lake Elsinore and Murrieta and Juan Perez from the County.
. Golf Tournament Update: Gary Youmans announced the EDC 12th Annual Golf Tournament would be
held on June 9 at SCGA Members' Club in Murrieta, with tee-off at noon. Sponsorships and prizes were
still needed. Board members were encouraged to speak to clients, customers and friends regarding
tournament sponsorships.
. Utilities Updates: Gas - No report. Telecommunications - Lake Elsinore City Council had approved the
franchise agreement with Verizon for cable television/video services. Verizon would present a similar
agreement to the Temecula City Council very soon. Water - Melanie Nieman announced Joe Kuebler of
Kuebler, Prudhomme & Company had replaced Dick Hall on Eastern Municipal Water District's Board of
Directors. A Spring Fling was being held on April 29 from 10:30 a.m. - 1:00 pm at Adeline's Farm in
Winchester, a new residential community featuring California-friendly landscaping. Eastern Municipal
Water District was sponsoring Great Oak High School and Chaparral High School in the Solar Cup 2006 at
Lake Skinner on May 19-21.
Economic Development Corporation
of Southwest California
Board of Directors Meeting -April 20, 2006
Minutes - Page 3 of 4
EMWD had reformed their penalty structure for landscaping potable water runoff and for landscapes that
were over water budgets, all in an effort to promote water conservation.
. Committee Reports: No handouts were available. The EDC Transportation & Infrastructure Committee
was covered during the EDC Update.
OPEN DISCUSSION
. EDC Administrative Update: Diane Sessions reported that EDC staff was busy this time of the year with
budget preparation, director elections, a quarterly luncheon and annual golf tournament. Ms. Sessions
reported she was planning some organizational goals for FY 2006-2007. She was anticipating hiring an
additional full-time employee to keep up with the growth ofEDC activities. With a possible administrative
partnership with the Economic Alliance, the EDC office space may be inadequate to accommodate added
staff. Other organizational goals included increased membership and fundraising efforts. Gary Youmans
suggested that Ms. Field and Ms. Sessions get together prior to budgeting and discuss sharing the cost of
additional staff.
. City/County & Chamber Updates: City of Lake Elsinore - Cathy Barrozo reported that Costco's grand
opening was scheduled on May 5 and a Capital hnprovements Projects ("CIP") budget study session was on
April 20. City Council was budgeting for the Railroad Canyon Road interchange improvements, which
would continue for about 6 months. Improvements at the 1-15 / Central interchange were anticipated to
continue about 9 months. The Lake Elsinore City Campgrounds were undergoing major improvements
lasting approximately 3 years. City Council approved Trumark's request to annex 250 acres within
Wildomar boundaries into Lake Elsinore, which would be heard by the Local Agency Foundation
Commission (LAFCO). Grading had begun for the John Laing homes and golf course. The Community
Center and Boys & Girls club were moving forward. Lake Elsinore Valley Chamber of Commerce -No
report. City of Murrieta - Councilman Doug McAllister would attend the Society of Industrial and Office
Realtors (SIOR) spring convention in Palm Springs. He would speak at the convention about the region and
City of Murrieta. Community activities in Murrieta included the Historic Downtown Block Party on Friday,
April 21; Saturday, April 22 was the Relay for Life at Vista Murrieta High School; Sunday, April 23 the
Murrieta Fire Department was hosting their annual BBQ; and the MurrietalTemecula Joint Council
Subcommittee Meeting would be held on April 25 at 3:30 p.m. He further reported that the availability of
local Channel 27 was a huge draw for Verizon. On May 3, he would attend a reception at The Western
Center for Archeology and Paleontology at Domonigoni Reservoir. Applebee's and Chili's restaurants were
now open in Murrieta and were doing extremely well. Applebee's' confirmed that its grand opening was the
largest opening ever anywhere in the country. Murrieta Chamber of Commerce - No report City of
Temecula -Mayor Ron Roberts reported that Krispy Kreme, California Grill and Rocky Cola Cafe were
closing. He did not believe this was a sign of an economic downturn. Jim O'Grady reported that Guidant
would be expanding by approximately 300,000 square feet. Groundbreaking could begin by early or mid
May for the first phase, starting with a parking structure and including office and manufacturing space. A
concept plan for a new Civic Center in Old Town Temecula was presented by Gary Thornhill at the
Temecula Planning Commission Meeting on April 19. A recommended capital improvement program and
operating budget would be brought before City Council in a workshop on Wednesday May 17 at 10:00 a.m.
County Board of Supervisors - 3'd District - Stevie Field announced that Guidant closed escrow on 13
acres in French Valley near the airport. Rob Field would be leaving the EDA next Thursday, April 27.
Hemet Ryan Air Show would be June 10 and 11.
Economic Development Corporation
of Southwest California
Board of Directors Meeting -April 20, 2006
Minutes - Page 4 of 4
French Valley Airport would be resurfaced with additional asphalt on the runways to accommodate larger
airplanes. Economic Alliance - Ms. Field reported that a draft marketing plan, budget, and new soft launch
would be planned for the Economic Alliance. A business attraction committee would be organized to
strategize on how best to proceed with the Alliance.
. Other Announcements: Scott Crane reported Southwest Healthcare System was moving forward with
grading plans for the new Temecula hospital. Construction was underway at Inland Valley and Rancho
Springs for expansions of beds and services.
. Mr. Frank reported the he, Scott Crane and others on the Southwest California Legislative Council would be
traveling to Sacramento on Sunday, April 23. The Legislative Council was asked to attend a committee
hearing on behalf of a transportation bill sponsored by Assemblyman John Benoit. Roger Ziemer and Joan
Sparkman would be testifying at the hearing on behalf of the bill. Mr. Frank, Mr. Ziemer, Ms. Sparkman
and Mr. Crane would meet with the Transportation Committee Chair and their staff liaison on Tuesday
regarding all the transportation and infrastructure issues for the entire Southwest California region.
ADJOURNMENT
. At 10:10 a.m., motion was made by Doug McAllister, seconded by Jim O'Grady and carried unanimously to
adjourn the board meeting.
Respectively submitted by:
Diane Harris
Recording Secretary
Scott Crane
Board Secretary
ITEM NO. 36
Approvals
City Attorney
Director of Finance
City Manager
~
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~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Mitch Aim, Chief of Police
DATE:
June 27, 2006
SUBJECT:
Police Department Monthly Report
The following report reflects the activity of the Temecula Police Department for the month of May
2006.
PATROL SERVICES
Overall calls for police service ................................................................................................. 2,999
"Priority One" calls for service ....................................................................................................... 43
Average response time for "Priority One" calls...............................................................6.1 Minutes
VOLUNTEERS
Volunteer administration hours ................................................................................................... 326
Community Action Patrol (CAP) hours ....................................................................................... 112
Reserve officer hours (patrol) .........................................................................................................5
Total Volunteer hours.................................................................................................................. 698
CRIME PREVENTION/GRAFFITI
Crime prevention workshops conducted ........................................................................................ 2
Residential/business security surveys conducted ....................................................................... 3/0
Businesses visited........................................................................................................................ 14
Businesses visited for past crime follow-up.................................................................................. 22
Crime prevention articles ................................................................................................................1
Total square footage of graffiti removed.................................................................................. 7,446
OLD TOWN STOREFRONT
Total customers served............................................................................................................... 303
Sets of fingerprints taken .............................................................................................................. 24
Police reports filed........................................................................................................................ 34
Citations signed off ......................................................................................................................... 2
Total receipts.......................................................................................................................... $8,128
POP TEAM
On sight felony arrests .................................................................................................................. 10
On sight misdemeanor arrests...................................................................................................... 34
Felony arrest warrants served ........................................................................................................1
Follow-up investigations.................................................................................................................. 8
Drugs Seized
.5 grams methamphetamine
62 grams marijuana
Y:! cc in syringe Heroin
GANG TEAM
On sight felony arrests ....................................................................................................................2
On sight misdemeanor arrests........................................................................................................1
Felony arrest warrants served ........................................................................................................0
Follow-up investigations.................................................................................................................. 4
SPECIAL ENFORCEMENT TEAM (SET TEAMl.
On sight felony arrests ....................................................................................................................2
On sight misdemeanor arrests........................................................................................................1
Felony arrest warrants served ........................................................................................................0
Misdemeanor arrest warrants served ............................................................................................. 1
Follow-up investigations.................................................................................................................. 1
Presentations
Harmful Effects of Drugs and Alcohol................................................ Temecula Valley High School
TRAFFIC
Citations issued for hazardous violations ................................................................................ 2,075
D.U.I. Saturation Patrol Conducted ................................................................................................ 1
Non-hazardous citations............................................................................................................. 197
Stop Light Abuse Program (SLAP.) citations........................................................................... 252
Neighborhood Enforcement Team (N.E.T.) citations .................................................................197
Parking citations.. ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... .... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... .... 322
Injury collisions................................................................................................................................ 4
Presentations
Bicycle Safety........................................................................................... Temecula Charter School
Bicycle Safety.................................................................................... Temecula Preparatory School
Every 15 Minutes ..........................................................................................Chaparral High School
INVESTIGATIONS
Average assigned cases per detective ........................................................................................ 6.1
Average case closure rate (per Detective) .................................................................................. 6.5
Number of community seminars conducted ................................................................................... 2
Presentations
Sex Class - High School
Crime Scene Training - Citizen Action Patrol
PROMENADE MALL TEAM
Calls for service........................................................................................................................... 327
Felony arrest/filings......................................................................................................................... 8
Misdemeanor arrest/filings............................................................................................................ 25
Vehicle burglaries........................................................................................................................... 2
Vehicle thefts. ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... .... ... ... ... ... ... ..... ... ... ... ..... 2
Prevention/Suppression Programs .................................................... Mall Zero Tolerance Program
SCHOOL RESOURCE OFFICERS
Felony arrests................................................................................................................................. 2
Misdemeanor arrests ...................................................................................................................... 8
Citations..................................................................................................................... ................... 22
Youth counseled......................................................................................................................... 271
Presentations
Chaparral High School.......................................................................................... Every 15 Minutes
YOUTH ACCOUNTABILITY TEAM
Orientations delivered to new program members .......................................................................... 0
School visits.................................................................................................................................. 52
Home visits........................................................................................................................ .............. 8
Presentations
The Parent Project - 17 Parents
I~-- .
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II
ITEM NO. 37
II
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II
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.
.
.
I
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II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
~
Cft
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
June 27, 2006
SUBJECT:
Department of Public Works Monthly Activity Report
RECOMMENDATION: Receive and file the attached Department of Public Works Monthly
Activity Reports for the month of May, 2006.
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FROM:
DATE:
SUBJECT:
MEMORANDUM
Bill Hughes, Director of Public Works/City Engineer
hql;Brad Buron, Maintenance Superintendent
June 6, 2006
Monthly Activity Report - May, 2006
The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel
for the month of May, 2006:
I. SIGNS
II. TREES
A.
B.
C.
Total signs replaced
Total signs installed
Total signs repaired
-M
25
~
A.
Total trees trimmed for sight distance and street sweeping concerns
---...1
III. ASPHALT REPAIRS
A.
B.
Total square feet of A. C. repairs
Total Tons
9.791
54
A.
IV. CATCH BASINS
265
Total catch basins cleaned
A.
V. RIGHT-OF-WAY WEED ABATEMENT
o
Total square footage for right -of-way abatement
VI. GRAFFITI REMOVAL
A.
B.
Total locations
38
7.446
Total S.F.
VII. STENCILING
A. 184 New and repainted legends
B. 32.828 L.F. of new and repainted red curb and striping
R:\MAINTAIN\MOACfRPTl05.06\MA Y.06
Also, City Maintenance staff responded to ~ service order requests ranging from weed abatement, tree trimming,
sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to..lL service order requests
for the month of Aoril. 2006.
The Maintenance Crew has also put in 63 hours of overtime which includes standby time, special events and
response to street emergencies.
The total cost for Street Maintenance performed by Contractors for the month of Mav. 2006. was $86.992.00 compared
to $25.300.00 for the month of Aoril. 2006.
Account No. 5402
Account No. 5401
Account No. 999-5402
$ 18,800.00
$ 68,192.00
$ -0-
cc: Ron Parks, Deputy Director of Public Works
Ali Moghadam, Senior Engineer (Traffic)
Greg Butler, Senior Engineer (Capital Improvements)
Amer Attar, Senior Engineer (Capital Improvements)
Jerry Alegria, Senior Engineer (Land Development)
R:\MAlNT A1N\MOACTRPT\05.06\MA Y.U6
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STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of May, 2006
!ill];
ACCOUNT
~ CONTRACTOR:
Date: 05/30106
# 5401
Date: 05/17/06
#5401
CONTRACTOR:.
Date: 05/30/06
# 5402
Date: OS/22/06
# 5401
Date: OS/24/06
# 5402
Date: 05/04/06
#5401
Date: 05/10/06
#5401
Date: 05/12/05
#5401
CONTRACTOR:
Date: 05/06
# 5402
STREET/CHANNEL/BRIDGE
MONTELEONE EXCAVATING
VIA LOBO CHANNEL
SANTIAGO DESILTING PONDS
BECKER ENGINEERING
CITYWIDE
CALLE DE VELARDO AT JEDEDIAH
SMITH
RANCHO CALIFORNIA ROAD 800'
WEST OF BUSINESS PARK DRIVE
SANTIAGO AT YNEZ
VALLEJO CHANNEL
JEDEDIAH SMITH AT HWY. 79 SO.
RENE'S COMMERCIAL MANAGEMENT
CITYWIDE
TOTAL COST ACCOUNT #5401
TOTAL COST ACCOUNT #5402
TOTAL COST ACCOUNT #99-5402
DESCRIPTION
OF WORK
TOTAL COST
SIZE
EXPORT DEBRIS & SILT APPROX. 2500 CUBIC
YARDS OF MATERIAL FROM CHANNEL
TOTAL COST I $ 25,410.00
REMOVAL OF TEMPORARY DESILTING PONDS
TOTAL COST
$ 7,142.00
A.C. SAW CUTTING FOR P.W. MAINT. CREW
TOTAL COST
$ 6,825.00
REPAIR OUTLETS FROM CULVERT WITH RIP-RAP
AND SLURRY
TOTAL COST
$ 11,840.00
REPAIRS TO FAILED DOWN SPOUT WITH RIP-
RAP & SLURRY
TOTAL COST
REMOVAL OF DESILTING PONT ON CITY LOT
TOTAL COST
$ 2,800.00
REMOVAL OF SILT & DEBRIS FROM CHANNEL
TOTAL COST
$ 14,500.00
REPAIRS AROUND HEADWALL WITH RIP-RAP
AND SLURRY
TOTAL COST
$ 6,500.00
TRASH, DEBRIS AND WEED ABATEMENT ALONG
CITY RO.W.S
TOTAL COST
$ 3,000.00
$ 68,192.00
$ 18,800.00
-0-
J
R:\MAlNTAIN\l\10ACTRPT\05.06\MA Y.06
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
ASPHALT (POTHOLES) REPAIRS
MONTH OF MAY, 2006
05/02/06 PECHANGA PARKWAY A.C. OVERLAY I 641 I 4
05/03/06 I WINCHESTER CREEK AREA I A.C. OVERLAY I 1,064 I 4.5
05/04/06 I DIAZ ROAD S/O WINCHESTER I POTHOLE REPAIR I 250 I TEMP A.C.
05/08/06 I WINCHESTER CREEK AREA I A.C. OVERLAY I 350 I 3.5
05/09106 I RIO NEDO I A.C. OVERLAY I 980 I 4.5
05/10/06 I MEADOWVIEW AREA I AC. OVERLAY I 894 I 5
05111/06 I OLD TOWN FRONT STREET I A.C. OVERLAY I 816 I 3
05/15/06 I RIO NEDO I A.C. OVERLAY I 960 I 4.5
05/16/06 I OLD TOWN FRONT STREET I AC. OVERLAY I 796 I 4
05/17/06 I RIO NEDO lAC. OVERLAY I 976 I 5.5
05/18/06 I AVENIDAALVARADO I A.C. OVERLAY I 432 I 3
OS/23/06 I A VENIDA ALVARADO I A.C. OVERLAY I 752 I 5
05/30/06 I OVERLAND AT COMMERCE CENTER I AC. OVERLAY I 422 I 4
05/31/06 I REMINGTON E/O WINCHESTER I A.C. OVERLAY I 458 I 3.5
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
TOTAL S.F. OF REPAIRS 9.791
TOTAL TONS 54
R;\MAINT AINIWKCMPL TD\ASPHALT.RPRI05.06\MA Y.06
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
CATCH BASIN MAINTENANCE
MONTH OF MAY, 2006
05/01/06 I CITYWIDE I CLEANED & CHECKED 12 CATCH BASINS
I 05/03/06 I AREAS #1 & #2 CLEANED & CHECKED 6 CATCH BASINS
I 05/04/06 I CITYWIDE CLEANED & CHECKED 21 CATCH BASINS
I I CITYWIDE ,
05/08/06 CLEANED & CHECKED 18 CATCH BASINS JI
I 05/1 0/06 I AREA #3 I CLEANED & CHECKED 10 CATCH BASINS I
I 05/11/06 I AREA #3 CLEANED & CHECKED 3 CATCH BASINS I
I 05/15/06 I CITYWIDE CLEANED & CHECKED 11 CATCH BASINS II
,
I 05/16/06 I AREA #3 CLEANED & CHECKED 9 CATCH BASINS I
I 05/17/06 I AREA #3 CLEANED & CHECKED 11 CATCH BASINS I
I 05/18/06 I AREA #4 I CLEANED & CHECKED 5 CATCH BASINS I
I OS/22/06 I CITYWIDE "RAIN" CLEANED & CHECKED 49 CATCH BASINS I
I OS/23/06 I AREA #4 CLEANED & CHECKED 12 CATCH BASINS I
I OS/24/06 I AREA #4 CLEANED & CHECKED 31 CATCH BASINS I
I 05/30/06 I AREA #4 CLEANED & CHECKED 45 CATCH BASINS I
I 05/31/06 I AREA #4 I CLEANED & CHECKED 22 CATCH BASINS
I I
I
I I
I
I I
II I
,
'I I
I I
I' I
I
I TOTAL CATCH BASINS CLEANED & CHECKED 265 J
R:\MAINT AIN\WKCMPLETDlCATCHBASI05.06\MA Y.U6
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAFFITI REMOVAL
MONTH OF MAY, 2006
05/01/06 SANTIAGO BRIDGE
05/01/06 TEMEKU MOVIE THEATER
05/02/06 CALLE MADERO
05/02/06 I BUTTERFIELD STAGE S/O HWY 79 SO.
05/04/06 133145 HWY 79 SO.
05/05/06 I RANCHO VISTA AT MWD EASEMENT
05/08/06 1 MARGARITA BRIDGE AT SANTA GERTRUDIS
05/08/06 I WINCHESTER BRIDGE AT SANTA GERTRUDIS
05/08/06 1 NICOLAS AT NO. GENERAL KEARNEY
05/08/06 I LOMA LINDA AT VIA DEL CORONADO
05/08/06 I CALLE MEDUSA AT ENFIELD
05/08/06 I CORTE ALGETE AT CORTE BENEVENTE
05/08/06 I RANCHO VISTA A T BUTTE~ELD STAGE ROAD
05/09/06 I BUTTERFIELD STAGE ROAD AT HWY 79 SO.
05/09/06 I PAUBA ROAD W/O MEADOWS PARKWAY
05/09/06 1 PAUBA ROAD AT VIA TORRES
05/09/06 I RANCHO VISTA AT BUTTERFIELD STAGE ROAD
05/09/06 I RANCHO VISTA AT CALLE JABILI
05/09/06 I PECHANGA P ARKW A Y BRIDGE
05/10/06 I LOMA LINDA AT ESCALANTE COURT
05/12/061 MEADOWS PARKWAY
05/15/06/ MARGARITA BRIDGE AT SANTA GERTRUDIS
05/15/06 I WINCHESTERE BRIDGE AT SANTA GERTRUDIS
WQ~K(;QMPLE:rEJj
REMOVED 222 S.P. OF GRAFFITI
REMOVED 3 S.F. OF GRAFFITI
I REMOVED 70 S.P. OF GRAFFITI
I REMOVED 1,899 S.P. OF GRAFFITI
I REMOVED 110 S.P. OF GRAFFITI
I REMOVED 340 S.P. OF GRAFFITI
I REMOVED 390 S.P. OF GRAFFITI
I REMOVED 447 S.P. OF GRAFFITI
I REMOVED 50 S.P. OF GRAFFITI
I REMOVED 200 S.F. OF GRAFFITI
I REMOVED 35 S.F. OF GRAFFITI
I REMOVED 15 S.P. OF GRAFFITI
I REMOVED 45 S.F. OF GRAFFITI
I REMOVED 85 S.F. OF GRAFFITI
I REMOVED 30 S.F. OF GRAFFITI
I REMOVED 50 S.P. OF GRAFFITI
I REMOVED 75 S.P. OF GRAFFITI
I REMOVED 45 S.P. OF GRAFFITI
I REMOVED 800 S.P. OF GRAFFITI
I REMOVED 17 S.P. OF GRAFFITI
I REMOVED 15 S.P. OF GRAFFITI
I REMOVED 615 S.F. OF GRAFFITI
I REMOVED 577 S.F. OF GRAFFITI
R:\MA1NTAIN\WKCMPLTD\GRAFFlTI\OS.06\MA Y.06
05/15/06 NO. GENERAL KEARNY BRIDGE AT SANTA GERTRUDIS REMOVED 63 S.P. OF GRAFFITI
05/16/06 I BUTTERFIELD STAGE ROAD AT CHANNEL STREET I REMOVED 10 S.P. OF GRAFFITI
~ 05/17/06 I L YNDIE LANE N/O RANCHO CALIFORNIA ROAD I REMOVED 10 S.P. OF GRAFFITI
05/17/06 I 31787 KLARER I REMOVED 12 S.F. OF GRAFFITI
05/18/06 I HARVESTON AT PASADENA REMOVED 8 S.P. OF GRAFFITI
05/18/06 RUSTIC GLEN AT RAINBOW CREEK REMOVED 12 S.F. OF GRAFFITI
~ 05/18/06 NICOLAS AT WARBLER I REMOVED 10 S.P. OF GRAFFITI
-
OS/22/06 NO. GENERAL KEARNY AT NICOLAS ROAD I REMOVED 188 S.P. OF GRAFFITI
II OS/24/06 29601 MIRA LOMA I REMOVED 120 S.P. OF GRAFFITI
OS/25/06 PUFFIN WAY AT ROMANCE I REMOVED 105 S.F. OF GRAFFITI
OS/26/06 I SUNNY MEADOWS AT CAPRI REMOVED to S.F. OF GRAFFITI
05/30/06 SANTA GERTRUDIS AT NO. GENERAL KEARNY REMOVED 157 S.P. OF GRAFFITI
~ 05/30/06 SANTA GERTRUDIS AT WINCHESTER I REMOVED 326 S.F. OF GRAFFITI
05/30/06 MERCEDES AT 3RD STREET I REMOVED 250 S.P. OF GRAFFITI
05/31/06 SOUTHERN CROSS AT MOONTlDE I REMOVED 30 S.P. OF GRAFFITI
I I
I
TOTAL S.P. GRAFFITI REMOVED 7.44t!
TOTAL LOCATIONS 38
[
R:\MAINTAIN\WKCMPLTD\GRAFf1Tl\05.06\MA Y.06
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CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY TREE TRIMMING
MONTH OF MAY, 2006
I
I
I
I
I
I
05/10/06 DE PORTOLA AT VERDE ROAD
! OS/26/06 I RANCHO VISTA AT MEADOWS P ARKW A Y
I 05/31/06 I DE PORTOLA AT JEDEDIAH SMITH
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I TRIMMED
I TRIMMED
I TRIMMED I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TOTAL R.O.W. TREES TRIMMED ...1.
2 RO.W. TREES
3 RO.W. TREES
2 ROW. TREES
I
I
I
I
I
I
I
"
I
I
R:\MAINT AIN\WRKCOMPLTD\TREES\05.06\MA Y.06
DATE
REC'I?
05/03/06
05103/06
05/04/06
05/04106
05/05/06
05/05/06
05/08/06
05/08/06
05/09/06
0509/06
05/09106
05/10/06
05/10106
05/ll/06
05/12106
05/12/06
05/15/06
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SERVICE ORDER REQUEST LOG
MONTH OF MAY, 2006
LOCATION
28676 OLD TOWN FRONT STREET
133160 JANDA COURT
I 30361 SENELA PLACE
I 41499 YANKEE RUN
I 43910 FLORES DRIVE
I 40335 WINCHESTER
I COSTCO
131450 DE PORTOLA ROAD
I NO. GENERAL KEARNY
I 40227 VIDETTE CIRCLE
I VIA SERRITO
I YNEZ AT SANTIAGO
1 FOX ROAD AT NOBLE COURT
1 33621 CORTE BONILLA
I LEENA WAY
I ENTERPRISE CIRCLE AT WINCHESTER
42145 WYANDOTTE
05/15/06 41799 VIA BALDERAMA
05/16/06 130812 CALVADO COURT
05/16/096 I A VENIDA DEL REPOSO
05/17/06 I VIASALTIO
05/17/06 1 42310 COSMIC DRIVE
05/17/06 I 30812 CALVADO COURT
05117106 145455 VIA VAQUERO
05/17/06 I RANCHO CALIFORNIA ROAD AT BUTTERFIELD STAGE
DATE WORK
REQIJEST COMPLETED
P.c.c. REPAIR 05/03/06
I SIDEWALK REPAIR 05/03106
I CRACKS IN STREET 05/04/06
I A.C. QUESTION 05/04/06
I SIGN DOWN 05/05/06
I c.B. LID MISSING 05/05/06
I POTHOLE 05/08/06
I CHANNEL CLEANING 05/08106
1 DEBRIS REMOVAL 05/09/06
I CRACKS IN STREET 05/09/06
I STANDING WATER 05/09/06
I TREE DOWN 05/1 0/06
I SIGN DAMAGED 05/10106
I DEAD TREE 05/11/06
I S. N. QUESTION 05/12/06
I PAINT SPILL 05/12/06
STREET SIGN DOWN 05/15/06
TREE TRIMMING 05/15/06
TREE FALLING 05/16/06
CRACK FILLING 05/16106
CRACK FILLING 05/17/06
DEAD TREE 05/17/06
TREE FALLING 05/17/06
SIGN DOWN 05/17/06
I POTHOLES 05/17/06
R:\MAINTAIN\WRKCOMPLTD\SORS\05.06\MA Y.06
DArE DATE WORl{
MC'D . LOCATJON :R.)'!]QUE$T COMPLETED
05117/06 LAHONTAN AT PASHAHO S.N.S. DOWN 0511 7/06
05118/06 27555 YNEZ S.N.S. FALLING 0511 8/06
0511 9/06 OVERLAND AT YNEZ DEBRIS PICK-UP 05/19/06
0511 9/06 30340 CALLE SONORA TREE TRIMMING 05/19/06
OS/22/06 41911 AVENIDA VISTALADERA S.N.S. MISSING OS/22/06
OS/23/06 40242 HOLDEN CIRCLE NOISE QUESTION 05123106
OS/23/06 39799 LONGLEAF DEBRIS PICK-UP 05123/06
OS/23/06 31010 CORTE ALAMAR TREE TRIMMING OS/23106
OS/24/06 COSTCO PARKING LOT POTHOLES 05124106
OS/24/06 HOLDEN CIRCLE WEED ABATEMENT OS/24106
OS/25/06 RANCHO VISTA SIGN DOWN 05125106
05125/06 29991 CAMINO DEL SOL A.C. REPAIRS 05125106
OS/26/06 CALLE CORTEZ R-1 DOWN OS/26106
05/30/06 GREEN TEA LANE SIGN FADED 05/30;06
05/30/06 REDHAWKAREA SLURRY QUESTION 05/30106
05/30/06 26550 YNEZ MOSS ON SIDEWALK 05130106
05/31/06 DE PORTOLA ROAD AT YNEZ TREE TRIMMING 05/31106
05/31/06 CROWNE HILL DRIVE DEBRIS PICK-UP 05131106
TOTAL SERVICE ORDER REQUESTS ......1J.
,
R:\MAINTAIN\WRKCOMPLTD\SORS\O)JXi\MA Y .G6
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
MONTH OF MAY, 2006
:!
05/01/06 KOHNOOR WAY AT JOHN WILLIAM WAY INSTALLED R-I ,
05/01/06 PEACH TREE COURT INSTALLED 4 R26-S I
"
05/01/06 SOLANA AT YNEZ REPLACED R3-2 I
\, 05/02/06 I
PEACH TREE AT DEER HOLLOW INSTALLED 4 F26-S :1
I, 05/02/06 44987 WESTERN BYP ASS REPLACED R26 COMBO
1 I
:' 05/04/06 MARGARITA S/O WINCHESTER REPLACED R26
I I
, 05/05/06 WINCHESTER AT RUSTIC GLEN REPLACED R26
I I
I 05/08/06 JOHN WARNER AT LA PRESA LOOP INSTALLED S.N.S.
I 05/09/06 V AIL RANCH PARKWAY AT ROBANO REPLACED R4-7 I
'I I
I! 05/09/06 JEFFERSON A VENUE AT STARBUCKS REPLACED R4-7
j
I 05/09/06 PUJOL AT MAIN INSTALLED 2 "NO TRESPASSING"
I 05/10/06 JEFFERSON AT STARBUCKS REPLACED R4-7
I 05/10/06 FOX ROAD AT NOBLE COURT REPLACED R-I
I 05/11/06 YNEZ N/O RANCHO CALIFORNIA ROAD REPLACED 5 R4-7, 5 "K" MARKERS
I 05/1 1/06 CITYWIDE I REPAIRED 11 SIGNS
05/12/06 RANCHO CALIFORNIA ROAD AT BUTTERFIELD STAGE REPLACED 4 DELINEATORS
I 05/15/06 JEFFERSON AT RANCHO CALIFORNIA ROAD REPLACED Wl1-2
I, 05/16/06 CHANNEL STREET AT BUTTERFIELD STAGE ROAD INSTALLED 12R-26 1
II 05117/06 NIGHTBA WK PASS N/O CBOTE STREET REPLACED R-26 I
I 05/17/06 PEACH TREE AT KOHNOOR WAY REPLACED "C" PACKAGE I
I 05/17/06 C STREET AT SANTIAGO REPLACED R-I,SNS I
, I REPLACED I R-26
I 05/17/06 PEPPERCORN AT VIA PLATA I
I 05/18/06 LAHONTAN AT PASHABO I INSTALLED I S.N.S.
R:\MAlNTAIN\WKCMPLTD\SIGNS\.Os.06\MA Y.06
RI-I, RIA, W-11-2, S4-3
I R26
I 3 R2-25, 2 SI-I, 2 54-3
I 3 SI-I, 3 WI6-7P, 2 Wl1-2, 2 54-3
I R-I
I SI-I, W16-7P
1 W14-2
I 3 W3-1, 7 R-I, 3 RIA
I R-I
I 2 SI-I, 2 W16-7P
1 R-I,RI-4
112 SIGNS
I
I
I
I
I
I
I
I
I
I
1
TOTAL SIGNS REPLACED ---.M
TOTAL SIGNS INSTALLED ~
TOTAL SIGNS REPAIRED -.4.1
105/18/06 SOLANAEIBATMARGARITA
I 05/18106 27309 JEFFERSON
I 05/18/06 DE PORTOLA AT BUTTERFIELD STAGE
I 05/18/06 CITYWIDE
I OS/22106 I CALLE MEDUSA AT WINDSOR
105/22/061 PECHANGAPARKWAY AT LOMALINDA
I OS/22/06 I LA COLORADA AT SAN DIMAS
I OS/221061 REDHAWKPARKWAY AT VIA SALITO
I 05123/06 I REDHA WK AREA
I OS/2406 I REDHAWKAREA
I OS/26/06 1 JEFFERSON AT CALLE CORTEZ
I OS/26/06 I SAN JOSE AND PASEO DURANGO
I OS/26/06 CORTE MONTOYA AT PASEO DURANGO
I 05/30106 MEADOWVIEW AREA
I 05/31/06 GREEN TREE LANE AT VIA TELESIO
I 05/31/06 PASEO GALLANTE AT SAN DIMAS
I 05/31/06 DE PORTOLA ROAD AT JEDEDIAH SMITH
I 05/31/06 CITYWIDE
I
I
1
I
I
I
I
I
I
II
REPLACED
REPLACED
REPLACED
REPAIRED
I REPLACED
1 REPLACED
I REPLACED
REPLACED
REPLACED
REPLACED
REPLACED
REPLACED
REPLACED
REPLACED
REPLACED
REPLACED
REPLACED
REPAIRED
~
I
R-26
R4-7, "K" MARKER
R3-7
11 SIGNS
1 R2 - 25
R26
R:\MAINTAIN\WKCMPLTD\SIGNS\.05.06\MA Y.06
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
STENCILS / STRIPING
MONTH OF MAY, 2006
05/01/06 I AREA#1 REPAINTED 2,456 L.p. RED CURB
,I 05/01/06 I KOHNOOR WAY AT JOHN WILLIAMS WAY I INSTALLED 2 LEGENDS
I 05/02/06 I AREA#1 I REPAINTED 3,481 L.F. RED CURB
I 05/03/06 I AREA#1 I REPAINTED 1,243 L.p. RED CURB
I 05/04/06 I AREA #1 I REPAINTED 401 L.F. RED CURB
I 05/06/06 I CITY HALL I REPAINTED 850 L.p. RED CURB
: 05/08/06 AREA #1 I REPAINTED 2,642 L.F. RED CURB
I 05/09/06 AREA #1 I REPAINTED 4,046 L.p. RED CURB
I 05/1 0/06 I AREA #2 I REPAINTED 4,076 L.F. RED CURB
I 05/11/06 I MARGARITA ROAD I REPAINTED 3,657 L.p. RED CURB
I 05/15/06 I MAJOR ARTERIALS I REPAINTED 5,117 L.p. RED CURB
I 05/16/06 I MAJOR ARTERIALS I REPAINTED 4,859 L.F. RED CURB
I 05/17/06 I AREA #4 I REPAINTED 36 LEGENDS
Ii 05/18/06 I AREA #4 I REPAINTED 25 LEGENDS I
I OS/23/06 I AREA #4 I REPAINTED 37 LEGENDS I
OS/24/06 I AREA #4 I REPAINTED 25 LEGENDS I
I 05/31/06 I AREA #4 I REPAINTED I 59 LEGENDS
I I I I
I I I
I I I
I I I
, I I
I
I I I
I
TOTAL NEW & REPAINTED LEGENDS 184
NEW & REPAINTED RED CURB & STRIPING L.F. 32,828
R:\MAINTAIN\WRKCOMPLTD\STRIPING\05.06\MA Y.06
ITEM NO. 38
Approvals
City Attorney
Director of Finance
City Manager
)#f"
0/2.
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Anthony Elmo, Director of Building and Safety
DATE:
June 27, 2006
SUBJECT:
Departmental Report - May 2006
PREPARED BY: Diane Ball, Administrative Assistant
The month of May 2006 showed a gain of construction activity as compared to previous months.
The following is an overview of permit and inspection activity for May.
Sinqle Familv Development - Tracts
In May, the City issued 93 new single family home permits for a total square footage of 293,003.
These homes are primarily in Wolf Creek which currently has 216 homes under construction in
addition to 94 homes under construction in Harveston. There are a total of 447 single family homes
under construction throughout the City at the current time.
Custom Sinqle Familv Homes
As of May, we have 20 custom homes under construction for a total of 106,372 square feet.
Multi-Familv Development
Temecula Ridge is in the building process with 21 buildings. Temecula Creek has completed most
of their condo construction and have 9 buildings with 20 units each left to complete in the first
phase. Cape May Apartments in Harveston is constructing 270 units and close to completion.
Temecula Ridge Apartments is in the process of building 21 buildings and has completed the
second phase for a total of 100 units.
Commercial Develooment
There were 8 new commercial permits issued in May for a total valuation of $12,509,800. Plan
check activity included submittals for Rite Aid at 39782 Winchester Road, Rancho Temecula Town
Center at 39628 Winchester Road, Burke Historical Building at 41955 4th Street, and Margarita
Crossing Shopping Center at 29073 Overland Drive.
Total Permit and Insoection Activitv
During the month of May inspection staff performed 2,735 inspections and 353 permits were issued
representing a construction valuation of$38,992,135. The total building permit and plan check fees
collected in the month of May were $291,264.45.
ITEM NO. 39
Approvals
City Attorney
Director of Finance
City Manager
~
elL
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Shawn Nelson, City Manager
DATE:
June 27, 2006
SUBJECT:
City Council Travel/Conference Report - May 2006
PREPARED BY:
Sue Steffen, Executive Assistant
RECOMMENDATION:
Receive and file
On May 17 Council Member Maryann Edwards traveled to Wichita, Kansas to attend the National
League of Cities Human Development Steering Committee Meeting. The meeting agenda is
attached.
On May 18 Council Member Jeff Comerchero traveled to Wichita, Kansas to attend the National
League of Cities Community & Economic Development Steering Committee Meeting. The meeting
agenda is attached.
On May 20 Council Member Jeff Comerchero traveled from Wichita, Kansas to Las Vegas to attend
the International Council of Shopping Centers Convention. Mayor Pro Tem Chuck Washington
traveled to Las Vegas on May 21 to attend the same conference. The meeting agenda is attached.
Thursdav. Mav 18. 2006
2:30 p.m. - 5:00 p.m.
6:00 p.m. - 10:00 p.m.
Fridav. Mav 19. 2006
8:00 a.m.
9:00 a.m. - noon
Noon
NATIQNALLEAGUEOF HilliS
HUMAN DEVELOPMENT STEERING COMMITTEE
SPRING MEETING TENTATIVE AGENDA
May 18-20,2006
Wichita, .Kansas
Chair: Councilor l{atenGeraghty-PortllUld, Maine
Host:CouncilmemberBob Martz
SESSION I: LONG-TERM CARE
Speakers and discussion
Mardi Gras Steering Committee Reception
Enjoy a reception at Century II, overlooking the Arkansas River
and the Mardi Gras activities below during the 35th Wichita River
Festival. After the reception, we'll join the revelry of the evening
and hear a concert from nationally known smooth jazz saxophonist
Joseph Vincelli.
Reception: 6 - 8 p.m.; Concert: 8 - 10 p.m.
Breakfast and welcoming remarks
SFfSSION IT: IMMIGRATION
o Policy Review: Pamela Konde, Senior Policy Analyst
o Legislative Update: Jennifer McGee, Senior Legislative
Counsel
o Panel speakers and discussion
LUNCH
3
NATIONAL LEAGUEOF CITffiS
HUMAN DEVELOPMENT STEERING COMMITTEE
SPRING MEETING TENTATIVE AGENDA
May 18-20, 2006
Wichita, Kansas
Chair: Councilor Karen Geraghty - Portland, Maine
Host:Councilmember Bob Martz
Thursdav. Mav 18. 2006
2:30 p.m. - 5:00 p.m.
SESSION I: LONG-TERM CARE
Speakers and discussion
6:00 p.m. - 10:00 p.m.
Mardi Gras Steering Committee Reception
Enjoy a reception at Century II, overlooking the Arkansas River
and the Mardi Gras activities below during the 35th Wichita River
Festival. After the reception, we'll join the revelry of the evening
and hear a concert from nationally known smooth jazz saxophonist
Joseph Vincelli.
Reception: 6 - 8 p.m.; Concert: 8 -10 p.m.
Fridav. Mav 19.2006
8:00 a.m.
. Breakfast and welcoming remarks
9:00 a.m. - noon
SESSION IT: IMMIGRATION
'0 Policy Review: Pamela Kondt, Senior Policy Analyst
o Legislative Update: Jennifer McGee, Senior Legislative
Counsel
o Panel speakers and discussion
Noon
LUNCH
3
1;00 p.m. - 5;00 p.m.
(break as needed)
6:00 p.m. - 10:00 p.m.
Saturdav. Mav 20. 2006
8;00 a.m.
9:00 a.m. - 10:30 a.m.
10;30 a.m.
7:00 p.m.
SESSION II: IMMIGRATION, continued
Based on the Immigration Task Force recommendations, review
the draft policy and draft comprehensive immigration resolution.
Museums on the River - Progressive Dinner
See the sites of Wichita on this whirlwind tour, visiting Wichita's
Museums on the River and sampling fantastic food and drinks at
each location, including the Old Cowtown Museum, Wichita Art
Museum, and Exploration Place. Transportation included.
Joint Breakfast and Briefing Session
CED Steering Committee formally commences
HD Steering Committee continues
Congressional Roundtable
Both CED and HD members participate
lnvitees and/or their staff:
o Rep. Todd Tiahrt
o Sen. Sam Brownback
o Sen. Pat Roberts
Adjournment
Baseball and Fireworks
Attend the Wichita Wranglers game in one of the nation's oldest
baseball stadiums still in use. Dinner will be at the Hardball Cafe,
which will then provide great seats for a fireworks finale of River
Festival.
(Baseball: 7 p.m.; Fireworks: 10 p.m.).
4
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y." ;>~".;~i~tf~F.,:._ "'"
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Thursdav. Mav 18. 200t!
6:00 p.m. - 10:00 p.m.
Fridav. Mav 19. 2006
1 :30 p.m.
2:00 p.m. - 4:00 p.m.
6:00 p.m. - 10:00 p.m.
.".--',
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If you arrive on Thursday, please join NLC's Human Development
Steering Committee at this joint event.
Mardi Gras Steering Committee Reception
EJUoy a reception at Century II, overlooking the Arkansas River
and the Mardi Gras activities below during the 35th Wichita River
Festival. After the reception, we'll join the revelry of the evening
and hear a concert from nationally known smooth jazz saxophonist
Joseph Vincelli.
Reception: 6 - 8 p.m.; Concert: 8 -10 p.m.
Meet in the Hyatt Hotel lobby for transportation to the
CED Steering Committee press conference and tour of CDBG
sites
CED'Steering Committee press conference & tour
Museums on the River - Progressive Dinner
See the sites of Wichita on this whirlwind tour, visiting Wichita's
Museums on the River and sampling fantastic food and drinks at
each location, including the Old Cowtown Museum, Wichita Art
Museum, and Exploration Place. Transportation included.
3
Saturday. Mav 20. 2006
8:00 a.m.
9:00 a.m. - 10:30 a.m.
10:30 a.m.
10:45 a.m. -noon
noon
2:00 p.m. - 4:30 p.m.
7:00 p.m.
.
Joint Breakfast and Briefing Session
CED Steering Committee formally commences
lID Steering Committee continues
Congressional Roundtable
Both CED and lID members participate
Invitees and/or their staff:
o Rep. Todd Tiabrt
o Sen. Sam Brownback
o Sen. Pat Roberts
J
Break.
Begin CED policy discussions
TOPIC I: IMMIGRATION
Report by Immigration Task Force members
· Henry Marraffa, Council Member, Gaithersburg
· Lois Giess, Council President, Rochester
Review Draft NLC Resolution on Comprehensive Immigration
Reform
CED lunch
(Wichita River Festival antique bathtub races from 11 :00 - 2:30)
TOPIC II:
ECONOMIC DEVELOPMENT AFTER A DISASTER
Review current CED policy and discuss
Baseball and Fireworks
Attend the Wichita Wranglers game in one of the nation's oldest
baseball stadiums still in use. Dinner will be at the Hardball Cafe,
which will then provide great seats for a fireworks finale of River
Festival.
(Baseball: 7 p.m.; Fireworks: 10 p.m.).
4
Sundav. Mav 21. 2006
8:30 a.m.
9:00 a.m. - 10:30 a.m.
10:30 a.m. - 11 :30 am.
11 :30 a.m. :.. noon
noon
CED breakfast
TOPIC III: HOUSING
Discussion: Where do we go from here?
(1) Any new tactics, new tools, new strategies?
(2) Any changes needed to our policy?
(3) What should be our housing jocus/priority as advocates?
(3) How do we put housing back on Congress's agenda?
TOPIC IV:
COMMUNITY DEVELOPMENT BLOCK GRANT
REFORMS
Legislative Update
Michael Wallace, Senior Legislative Counsel,
National League of Cities
Reports and Wrap-up
NLC Board of Directors Report
Anne Sinclair, Council Member, Columbia, S.C.
Advisory Council Report
Ruth Hopkins, Council Member, Prairie Village, Kansas
Adjournment
5
2006 Convention Program
Page 1 of3
2006 ICSC SPRING CONVENTION
May 21-24, Las Vegas, Nevada
2006 CONVENTION PROGRAM
Print Full Convention Tnfnrmrltinn rpDF)
Around the block and around the globe, the retail real estate industry is breaking new ground and enjoying
rapid growth and profitability in all sectors. This dynamic landscape is redefining borders and opening new
horizons. Ground breaking enhancements made to the 2005 Spring Convention will be repeated... including
the Sunday opening blockbuster session, extended hours of operation and Wednesday workshops. 2005 saw
record breaking attendance of 41,000, all focused on deal making, education and networking. The 2006 ICSC
Spring Convention theme is BREAKING NEW GROUND. Come see why!
,~p"rLJ,R!?~:V, MAY 20 (Clifkf?~,~;~~i!~dc~row.am)
10:0.0~'111.- ~:~~l'mRe~i~tra!i?n.~~d,Badge Vi3I~'1.~tiOr1.~~L:.Y.'c.c. .
10:~~j1~~_5:0~ 1!111.. .. .. . Welcocme Center~nd Design Tren.ds Clpen
10:00 am - 5:00 pm . ,~pouse Hospitality Lounfi~
,10:.00 am - 10:00 pm .==;1~~c:I.~e Validation at Satellite Locations .. ...
:~~IIID,~:v,I>tAY 21 (CliCkf(l~c.~"~ail,,d..orooram' .
,8:00.8111..:. 11.:()0 pm : B.adJ1".y".Ii~a!ion at Satellite Locations
.-................__... ,.....-- ....._---_.__......~.._...._...-
8::10 a.I11.- 12:30 pm Examination
i9:C)Oall1, :,!S:O~.gm ...... Spouse Hospitality LC;lJn,!1e '.. .'.~'=.'=
;!)E~t)~.m - 7:0~pc'" .;'.~;~~~tra.~ion andBad!1e Validation atL..v..C:C;.". '..
i9:0()al11-.7:.00 pm ,:\^i;lc,<:>]!1e C.enter and Design Trends Open
9:0()a~~::7;:<<i!l pm . Publi~?ector Lounge
9:00 am - 11:00 am CLS Test Revie'';'"
..,_.. nT."._~."
.9:00 am - 1:00 !>m .. , ;CSM/CMD Test Review
...n,""
~1.0:.1~ii!;'1- 11:15lim n. ..' }"'(elfom~ to Las Vegas: First Timers Orientation
!1.1:3() 21.111 - 1:00 pm iiNetworking Brunch
.____._ ......m.._...___........... ,_'u, ::".;,_ ;:"~=.-::::;;;::"~.:=::_..:..."__-
'1:30 pm - 2:30 pm ,Official Opening Session
:,Guest Speaker
. WILLIAM JEFFERSON CLINTON
42nd President of the United States
~;.3())'m : 6:00 pm
3:30 ~~,:~4:30 Pl1lcc.
::'l:.:1P.PI11.- 6:00 pm .
!fi:30-pm ~ 9:00 pm
..-....-,
~~Irade ExP~;it~on~nd Public Sector Showca.;;E!og~no...~~~~..
..... P~~li~~E!f~~~ ,R,ecePtion at Public SectorShowcasein th~Tr..d~ Elcpl)sition
.~)J';r1.l-!oll.~e~nglJ\l:lcome Reception in the Trade~xp~!;itig':l,.,~
:BFm.F!'fit Dinner for the leSe Educational Foundation
'1' JAYLENO
. Host of Tonight Show
, Los Angeles, CA
-,....,._-"",...,_...,.,....,,
Ultimate Networking Reception Hosted by Next
'9:30pm - 12:00 midnight
~QI\ID~!,. MA!, 22 (Click ,!o':,detailed oroaram)
http://www.icsc.org/2006SC/conv _program.php?print=yes
5/12/2006
Leasing Mal~ Trade Exposition a~d Public Sector Sho,^,c"-~.e OfJ~_n.
. Blockbuster Session Town Hall Meetinq~;~~ee~the May()rs.
:!l3loc~.~u!;terSession Behi.n.d the .Headlines inY",a."h,inq~on
Luncheon serveci-
. ....'''-".,..--"..-.-......................
..,-........",.",.....__.........., '
Guest Speaker
I STEVE WYNN
'. President & CEO
Wynn Resorts
, Las Vegas, NV
.-.---,-,.."-,-",-"-,.,,-,-,,,..--,_..,,
'Con~urrent Sessions
;:1. Lifestyle Centers - Is New Urbanism the Next Wave?
j:2. Permanent Financing Outlook
'3. How the Commercial Real Estate Industry Can Develop, Retain, and Benefit from
__ ''_._ Female Leadership
......."..u_...._..._..._...".......
4:00 pm.-.":,3lJ!)m__ Annual Meeting of Members
-.,..~..._._-~...
T,UESDAYL M~!_~3JC:lirkfnr ri..t"ih'ri prQ')r'lm).
,?o~O~.m- ~6::00~p~ ..ReQistration and Badge Validation at L.V.C.C.
7:lJ!l liIm - 6:00 pm Welcome .<:e.~te:..~d Design Trends Open.
,?:o.!l..liIm -,l);lJO .I'ITlPLlbl.is. Sector LounQEO
7:.O:O:~~rl1~~:~lJ.!)m " Spouse rl~spit~lity LOLlDge .,.
7.:~0 am -jJ:.O .1iI1!'... . "E!rE!.akfast !;E!rved
...---..-.-""
8:00 am - 9:00 am Breakfast Presentation with Guest Speaker
, GUEST SPEAKER, I' PHIL SIMMS
,; \ NFL Legend
j; ..~ Franklin Lakesl NJ
Ii
,.-. ,.'...-....-....,.,".,,,...--,.,..,,..... - ,'-" ". ~..... ,_..._..." ,'Y' , ..".
Leasin~ ~ali, T~acieE~l?i~llii~nc a~~ ~UbIiC Secto~ Sh()wca~~~,:e~ .._._.
, Concurrent Sessions
,il. Disposition Strategies for Open-Air Centers
,'2. Retail Opportunities in Underserved Markets: The Problems Facing the Redevelopment
Hof the Urban Core and How to Succeed
>3. Developing Retail in a Smart Growth Environment
,! :.':1:....~,~y~~.~..~~~..~9~~,~_!?n - Trends Tomorrow
w".....,_.........._ ""'....""
,General Session 4th Annuai Hot Retailers Awards
,Luncheon Served
----._.'.
Keynot~ Presentation
Concurrent Sessions
.1. Making Retail Successful in a Mixed-Use Development (Held in collaboration with
NAIOP)
:2. Lifestyle Centers - Past, Present and Future
_.~:!!~it;t~~r' jj~:.~~~~~lp~~~~~~t~~i~~~:ly~r~~.i~~,~~~~;~;~;~t~i.~:~i~~~~~~~~~~dIY Evolving Industry
S:3()I''!'...:.!l;ll.0 J'.I!'. Diversity RecE!JJt.i!?~.~ La fl.E!L1r Rool11, Wynn !,.a.s Y.E!Jl.~.s____
m.. ..____..........._.__ .. .__..-' ................__.... _.._
2006 Convention Program
6:3() am - 6:00pm, .
6:30aT76:0~"m ". _, .
6:30 am : 6:00 "m
7~0~..~~- ~:22})~.. .
:8:00 am - 9:00 am
........._.,....._...__...__..,_""...,..... Y'r"'.."',"_.
"~_ ._......., .__""'_'U'," ..~_..............
'8:00 am - 9:30 am
8:()0 am - 6:00
L9.='~lJ..a.rn7 1':.:00 al11.
,.1.1:~~_a.m..- 12:1S )?111
.~~:~~g~.:,~(J(J pm
.1:00 pm - 2:15 pm
..............,,_....,......,.....
......._"".,,---..~....
2:30 pm - 4:00 pm
L9:00 ,am ~H~,:()~gl11.,
.9:1S am - 10:30 am
-. ,.._-_...,~_........._._,~_._.... ........"...."'"...
!.!:!lO_am - 12:1S I'm
:12:30pm.- 1:0o.pm
. ----~. ~....--_.-
L~:!'~plTl_::2:!~J~lll
,2:30 pm - 4:00 pm.
Page 2 of3
and Validation at L.V.C.C.
...\AI<l~c.c>me Centerand Design TrendsOpen . ... ". ......
:.Public Sector Lounge
. Spouse HospitalitYl,;()u.n.!:le ...... ...
.Continental Breakfast Served in the Trade
,!Women in Real Estate Breakfast (heid in coilaboration with CREW Network)
CR.W
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http://www.icsc.org/2006SC/conv -program.php?print=yes
5/12/2006
2006 Convention Program
Page 3 of3
.........__.....--..__.............................___.................................._n___n-.-.........................._.........,..........
l;'~~~It1~~!I-=30 am .:Alli<!m:e Co-Chairs Breakiast.and.~no~~~!~~:~tin~ (By In"oit};tlon O~ly)
'S.:30..al11. - 12:00 noon 'Spouse Hospi.t<lli~yLounge
~8,:~().lIm - 5.:~~.r~... ,. .Re!1.i~~ation-a-nd.Badge Validation at,L:V,C.C,
:~.;~~.~.rn.~ 5:00'pm .. .Welcome Center and Design Trends
.9:00 am~ !i:OOpm Leasinfil Mall Open
.9:30 am - 11:00 am Workshops
; 1. Survival Tools of the Trade
t~':~I!~f~~r 2. ~:~~~~ ~~~~~~~~;~~Tds
Stress Management
Brownfields: The Best Kept Secret in Real Estate Investment
Strategies for Improved Communication Between Landlords and Tenants
"The WOW! Feel" . See it on Your Customer's Face Day After Day
Reversing a Trend: What if Your Mall is One of the Thirty Percent thatlsn't Supposed
Make It?
http://www.icsc.org/2006SC/conv .program.php?print=yes
5/12/2006