HomeMy WebLinkAbout012307 CC Agenda
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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
JANUARY 23, 2007 - 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. Conference with real property negotiator pursuant to Government Code
Section 54956.8 regarding real property negotiations located at the northwest
corner of Diaz Road and Dendy Lane (APN 909-370-002). The negotiating
parties are the City of Temecula/Redevelopment Agency and AGK Group.
Under negotiation are the price and terms of payment of real property
interests. The City/Agency negotiators are Shawn Nelson, Aaron Adams, and
John Meyer.
2. Conference with City Attorney pursuant to Government Code Section
54956.9(b) with respect to one matter of potential litigation. With respect to
such matter, the City Attorney has determined that a point has been reached
where there is a significant exposure to litigation involving the City and City
related entities based on existing facts and circumstances. With respect to
such matter, the City Council will also meet pursuant to Government Code
Section 54956.9(c) to decide whether to initiate litigation.
3. Conference with real property negotiator pursuant to Government Code
Section 54956.8 regarding the following real properties:
(a) Real Property owned by Wayne Jones and Joyce J. Jones, which is
commonly known as 41333 Armada Place, Temecula, and identified as
Riverside County Assessor's Parcel Number 943-090-016. The City's
negotiators are Paula Baeza of the City attorney's Office, Greg Butler,
Principal Engineer, and Carol Chiodo, Property Agent, regarding
instructions to negotiators concerning price and terms. City negotiators
may negotiate with the property owners Wayne Jones and Joyce J.
Jones.
(b) Real Property owned by Ruben Calixto, Jr. and Jennifer Calixto, Trustees
of the Calixto Family 2003 Trust, dated April 10, 2003, which is commonly
known as 41351 Armada Place, Temecula, and identified as Riverside
County Assessor's Parcel Number 943-090-017. City of Temecula
negotiators, Paula Baeza of the City Attorney's Office, Greg Butler,
Principal Engineer, and Carol Chiodo, Property Agent, regarding
instructions to negotiators concerning price and terms. City negotiators
may negotiate with the property owners Ruben Calixto, Jr. and Jennifer
Calixto, Trustees of the Calixto Family 2003 Trust, dated April 10, 2003.
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: 07-02
Resolution: 07-08
CALL TO ORDER:
Mayor Chuck Washington
Prelude Music:
Triple Threat Academy.
Invocation:
Pastor Leon Franklin of Living Word Church
Flag Salute:
Council Member EdlNards
ROLL CALL:
Comerchero, EdlNards, Naggar, Roberts, Washington
PRESENTA TIONS/PROCLAMA TIONS
AlNard of Service Pins to Commissioners EdlNards and Guerriero
Certificate of Achievement to Eric Crookshank for allaininq the rank of Eaqle Scout
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.
2
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the City Council request specific items be removed from the Consent Calendar for
separate action.
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1 .1 Motion to lNaive the reading of the text of all ordinances and resolutions included in
the agenda.
2 Resolution approvinq List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 07-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
3 AlNard of Contract for Pavment Manaqer and Online Activitv Reqistration SoftlNare
RECOMMENDATION:
3.1 AlNard a contract to Active Network for Payment Manager and Safari Online
SoftlNare in the amount of $60,183.50;
3.2 Allocate an additional $26,435.00 in the Information Systems Internal Services Fund
in order to secure the Safari On-line Registration SoftlNare upgrade portion of the
project.
4 Eden SoftlNare Support Aqreement
RECOMMENDATION:
3
4.1 Authorize the purchase of annual Financials and Payroll SoftlNare Support from
Eden Systems Inc., for the total amount of $29,609.37.
5 AlNard of Contract for Emerqencv Notification Svstem
RECOMMENDATION:
5.1 AlNard a contract to Dialogic Communications Corporation (A PlantCML Company)
for the Next Generation Emergency Notification System in the amount of
$43,885.26.
6 2007 Workers' Compensation Coveraqe Annual RenelNal
RECOMMENDATION:
6.1 Renewa contract with (AIG) American International Group, using Commerce and
Industry Insurance Company, as the City's Employee Workers' Compensation
Insurance Carrier for 2007; for a premium cost of $405,501, which begins on
February 1, 2007.
7 Approval of Sub-Lease with Countv of Riverside for Animal Shelter Construction
RECOMMENDATION:
7.1 Approve the allached Sub-Lease with Riverside County for the City of Temecula's
share relating to the construction of the Southwest County Animal Shelter;
7.2 Adopt a resolution entitled:
RESOLUTION NO. 07-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THAT CERTAIN SUB-LEASE AGREEMENT BY AND BETWEEN
THE COUNTY OF RIVERSIDE, AS SUB-LESSOR, AND THE CITY OF
TEMECULA, AS SUB-LESSEE, RELATING TO SOUTHWEST COMMUNITIES
FINANCING AUTHORITY 2007 LEASE REVENUE BONDS SERIES A (COUNTY
OF RIVERSIDE CAPITAL PROJECT) ANIMAL SHELTER
8 Annual Recruitment Advertisinq Purchasinq Authorization of $50,000
RECOMMENDATION:
8.1 Approve the purchasing authorization of $50,000 annually for recruitment
advertising with the Press Enterprise.
9 First Amendment to Fiscal Year 2006-2007 Annual Citvwide Maintenance Contract
RECOMMENDATION:
4
9.1 Approve the First Amendment to the Fiscal Year 2006/2007 Annual Citywide
Routine Maintenance Contract with Becker Engineering for an amount of
$200,000.00 and authorize the Mayor to execute the amendment.
10 AlNard Construction Contract for Diaz Road Realiqnment (Phase II) - Project No. PW95-27
RECOMMENDATION:
10.1 AlNard a construction contract for Diaz Road Realignment (Phase II), Project No.
PW95-27 to Elite Bobcat Service, Inc. in the amount of $2,519,695 and authorize
the Mayor to execute the contract;
10.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $251 ,969.50, which is equal to 10% of the contract amount;
10.3 Approve an appropriation in the amount of $521 ,000.00 from Undesignated General
Fund Balance for administrative and construction costs for this project.
11 Completion and Acceptance of Citvwide Concrete Repairs Phase I Fiscal Year 2006-2007 -
Project No. PW06-08
RECOMMENDATION:
11.1 Accept the Citywide Concrete Repairs Project - Phase I Fiscal Year 2006-2007 -
Project No. PW06-08 - as complete;
11.2 File a Notice of Completion, release the Performance Bond, and accept a one-year
Maintenance Bond in the amount of 10% of the contract amount;
11.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
12 Tract Map No. 30990 - Located at the northwest corner of Pujol Street and 1 st Street
RECOMMENDATION:
12.1 Approve Tract Map No. 30990 in conformance with Conditions of Approval;
12.2 Approve the Subdivision Improvement Agreement and accept the Faithful
Performance and Labor and Materials Bonds as security for the agreement;
12.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as
security for the agreement.
13 First Amendment to Securitv Aqreement
RECOMMENDATION:
5
13.1 Approve the First Amendment with Securitas Security Services USA in an additional
amount of $30,000 plus a 10% contingency for security services at Fire Station 95.
14 Consultinq Services Aqreement with Stanlev R. Hoffman Associates
RECOMMENDATION:
14.1 That the City Council approve a consultant services agreement with Stanley R.
Hoffman Associates, in the amount of $35,000, for a sphere of influence annexation
fiscal study, plus a contingency of 20%, for a total of $42,000.
15 Second Readinq of Ordinance No. 07-01
RECOMMENDATION:
15.1 Adopt an Ordinance entitled:
ORDINANCE NO. 07-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTION 15.10.090 OF THE TEMECULA MUNICIPAL CODE
PROVIDING FOR AN AUTOMATIC ANNUAL FEE ADJUSTMENT TO THE
MULTIPLE SPECIES HABITAT CONSERVATION MITIGATION FEE
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
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
16 Minutes
RECOMMENDATION:
6
16.1 Approve the minutes of January 9, 2007.
CSD DEPARTMENTAL REPORT
17 Communitv Services District Departmental Report
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
TEMECULA REDEVELOPMENT AGENCY MEETING
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
18 Minutes
RECOMMENDATION:
18.1 Approve the minutes of January 9, 2007.
19 Pavment of In Lieu Environmental Fees Associated with Temecula Education Center-
Project No. PW06-03
RECOMMENDATION:
7
19.1 Approve payment of $86,000 to the California Wildlife Foundation to offset impacts
to Fairy Shrimp habitat on the Temecula Education Center site and authorize Staff
to approve this payment via the check request process.
RDA DEPARTMENTAL REPORT
20 Redevelopment Department Monthlv Report
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
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.
21 Planninq Application Nos. PA05-0109 and PA05-0234, a Tentative Tract Map (33584) for
condominium purposes to subdivide 7.2 acres into three lots (one residential condominium
lot. one recreation lot. and one open space lot), and a Planned Development Overlav to
provide for development standards for the site that are specific to sinqle-familv homes on
condominium lots throuqh the adoption of proposed PDO-11 Sections 17.22.220 throuqh
17.22.228, includinq the PDO text and Development Standards
RECOMMENDATION:
21.1 Adopt a resolution entitled:
RESOLUTION NO. 07-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING TENTATIVE TRACT MAP NO. 33548 TO SUBDIVIDE 7.2 ACRES
INTO THREE LOTS (ONE RESIDENTIAL CONDOMINIUM LOT, ONE
RECREATION LOT, AND ONE OPEN SPACE LOT) FOR THE DEVELOPMENT
OF 62 SINGLE-FAMILY DETACHED HOMES ON A CONDOMINIUM LOT ON
PROPERTY LOCATED AT 29601 MIRA LOMA ROAD, GENERALLY LOCATED
AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA
DRIVE (APN 944-060-006)
21.2 Introduce and read by title only an an ordinance entitled:
ORDINANCE NO. 07-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
8
AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM MEDIUM
DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT OVERLAY (PDO-
11) AND ADOPT PDO-11 SECTIONS 17.22.220 THROUGH 17.22.228
INCLUDING THE PDO-11 TEXT AND DEVELOPMENT STANDARDS FOR THE
DEVELOPMENT OF 62 SINGLE-FAMILY DETACHED HOMES ON
CONDOMINIUM LOTS ON PROPERTY LOCATED AT 29601 MIRA LOMA ROAD,
GENERALLY LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA
ROAD AND MIRA LOMA DRIVE (APN 944-060-006)
COUNCIL BUSINESS
22 Feasibilitv Studv - Santa Marqarita Annexation and Sphere of Influence (at the request of
Council Member Comerchero)
RECOMMENDATION:
22.1 Provide direction to staff regarding a proposal to initiate a feasibility study for the
annexation of approximately 4,600 acres westerly of Interstate 15, southerly of the
Santa Margarita River and northerly of the San Diego County line (see Exhibit A).
DEPARTMENTAL REPORTS
23 Planninq Department Monthlv Report
24 Citv Council Travel/Conference Report - December 2006
25 Police Department Monthlv Report
26 Public Works Department Monthlv Report
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: City Council Regular, Tuesday, February 13, 2007, 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.
g
PROCLAMA TIONS
AND
PRESENTATIONS
The City of Temecula
Certificate of Achievement
The City Council of the City ofTemecula commends
the outstanding achievement of
Eric Crookshank
of Troop #324
We congratulate Eric for his achievement on receiving the rank of Eagle Scout. We are proud to
present Eric with this Award, and we wish him success in his future accomplishments.
IN WITNESS WHEREOF, I have hereunto
affixed my hand and official seal this 23,d day
of January, 2007.
Chuck Washington, Mayor
Susan W. Jones, MMC, City Clerk
ITEM NO.1
ITEM NO.2
Approvals
City Attorney
Director of Finance
City Manager
V
;)/2.
CJo..-
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
January 23, 2007
SUBJECT:
List of Demands
PREPARED BY:
Pascale Brown, Accounting Manager
Jada Yonker, Accounting Specialist
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA 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
List of Demands
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES 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, has been reviewed by the City Manager's Office and
that the same are hereby allowed in the amount of $5,992,91 0.04.
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 23rd day of January , 2007.
Chuck Washington, 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. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 23rd day of January, 2007, 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
01/04/2007 TOTAL CHECK RUN: $ 2,397,815.42
01/11/2007 TOTAL CHECK RUN: 3,116,844.87
01/11/2007 TOTAL PAYROLL RUN: 478,249.75
TOTAL LIST OF DEMANDS FOR 01/23/07 COUNCIL MEETING: $ 5,992,910.04
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL FUND $ 3,809,671.43
165 RDA LOW /MOD - 20% SET ASIDE 211,630.48
190 TEMECULA COMMUNITY SERVICES DISTRICT 297,770.92
192 TCSD SERVICE LEVEL B 133.15
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 72,882.99
194 TCSD SERVICE LEVEL "D" REFUSEIRECYCLING 1,028.50
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 7,916.78
197 TEMECULA LIBRARY FUND 12,050.29
210 CAPITAL IMPROVEMENT PROJECTS FUND 865,412.89
280 REDEVELOPMENT AGENCY - CIP PROJECT 13,140.46
300 INSURANCE FUND 655.54
310 VEHICLES FUND 79,485.71
320 INFORMATION SYSTEMS 108,056.57
330 SUPPORT SERVICES 17,709.07
340 FACILITIES 17,115.51
$ 5,514,660.29
001 GENERAL FUND $ 337,601.32
165 RDA LOW /MOD - 20% SET ASIDE 5,115.20
190 TEMECULA COMMUNITY SERVICES DISTRICT 86,182.68
192 TCSD SERVICE LEVEL B 114.43
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 4,991.15
194 TCSD SERVICE LEVEL D 839.26
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 563.57
210 CAPITAL IMPROVEMENT PROJECTS FUND 17239
280 REDEVELOPMENT AGENCY - CIP PROJECT 3,294.91
300 INSURANCE FUND 1,220.61
320 INFORMATION SYSTEMS 26,109.73
330 SUPPORT SERVICES 3,220.65
340 FACILITIES 8,823.85
478,249.75
TOTAL BY FUND: $ 5,992,910.04
apChkLst Final Check List Page: 1
01/0412007 12:42:46PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
112523 01/04/2007 005735 AEROSURF INC Broadband Svc: Jan-Mar '07 Station 12 149.85 149.85
112524 01/04/2007 009033 ALLEN, STEVEN L. Holiday photography:tcsd 460.00 460.00
112525 01/04/2007 008279 AMERICOMP IN FOSYSTEMS INC Filler Panels: Library Racks 1,293.00 1,293.00
112526 01/04/2007 002480 ANIXTER INC Old Twn Police storefrnt Phones 293.08
Credit for returned telephones -245.24 47.84
112527 01/04/2007 000101 APPLE ON E INC Temp Help PPE 12/2 & 12/9 Henry, X 961.28
Temp Help PPE 12/9/06 Jepsen, L 299.60
Temp Help PPE 12/9/06 Jepsen, L 225.30 1,486.18
112528 01/04/2007 010626 APPOLlTO, ADAM Refund: Cite 50816 Dismissed by Officer 89.00 89.00
112529 01/04/2007 005335 ARTIST TOUCH STUDIO Framing of Sister City Gift 334.D7 334.07
112530 01/04/2007 003203 ARTISTIC EMBROIDERY 150 High Hopes Lunch Bag Gifts 572.69 572.69
112531 01/04/2007 010184 AVIV PRODUCTIONS INC Performance: Intrerpreti Veneziani 1/20 7,000.00 7,000.00
112532 01/04/2007 010633 BALLET WORKS, INC., DBA: JS Ballet Performance: 1/12-1/13/07 16,000.00 16,000.00
JAMES SEWELL BALLET
112533 01/04/2007 010328 BEST IMPRESSIONS Holiday recognition:mpsc ornaments 290.97 290.97
112534 01/04/2007 010622 BESWICK, STEVEN EE Computer Loan Program 1,424.86 1,424.86
112535 01/04/2007 006908 C C & COMPANY INC Rental:mrs. claus suit 80.81 80.81
112536 01/04/2007 003138 CAL MAT PW patch truck materials 757.89
PW patch truck materials 314.80 1,072.69
112537 01/04/2007 004971 CANON FINANCIAL SERVICES, Nov/Dec copiers lease:city-wide 7,581.36 7,581.36
INC
112538 01/04/2007 010632 CARL RIVAS PLUMBING Plumbing Svcs: TCC 12/2512006 275.00 275.00
COMPANY
112539 01/04/2007 010589 CLAPP, GARY Refund: Cite 52136 Dismissed by Officer 325.00
Refund: Cite 52261 Dismissed by Officer 325.00 650.00
Page:1
apChkLst Final Check List Page: 2
01/0412007 12:42:46PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
112540 01/04/2007 001264 COSTCO WHOLESALE Misc supplies: library 436.99 436.99
112541 01/04/2007 003986 COZAD & FOX INC Surveying srvcs :PBSP project 3,500.00 3,500.00
112542 01/04/2007 006954 CRAFTSMEN PLUMBING & HVAC Plumbing srves: fire stn 84 387.64 387.64
112543 01/04/2007 004123 D L PHARES & ASSOCIATES Dec Lease Charges: Police Old Town 2,402.57 2,402.57
112544 01/04/2007 010593 DEARDS, JOHN Renkus Heniz CD2028 Diaphragm 404.06 404.06
112545 01/04/2007 007785 DEYO,BRYAN Reimb: Fire Rescue Conf:11/6-10/06 324.87 324.87
112546 01/04/2007 000206 FEDEX KINKOS INC Laminate poster boards:planning 65.95 65.95
112547 01/04/2007 003747 FINE ARTS NETWORK Settlement Nutcracker Ballet Dec 06 38,477.42 38,477.42
112548 01/04/2007 003281 FOREMOST PROMOTIONS Promo items:police litter bags 940.00 940.00
112549 01/04/2007 003946 G T ENTERTAINMENT Announcer:holiday light parade 150.00 150.00
112550 01/04/2007 007069 GRAY, DARIN Reimb: Computer Crime Sem:11/26-30 968.62 968.62
112551 01/04/2007 009614 GUMBERT, JASON EE Computer Loan Program 1,228.84 1,228.84
112552 01/04/2007 010631 HAMIL TON, ERIC Reimb: CNOA Conf:11/18-21/06 90.80 90.80
112553 01/04/2007 008853 ISENSEE, ALBERT Refund: Cite 53280 Dismissed by Officer 300.00 300.00
112554 01/04/2007 010588 KRANTZ FAMILYTRUST UDT Refund: Cite 51927 Dismissed by Officer 300.00 300.00
032291, CAROL J OR NANCY A
KRANTZ
112555 01/04/2007 001719 L P A INC Nov Prgss PmtPublic Library 2,191.20 2,191.20
112556 01/04/2007 004141 MAINTEX INC custodial suppliesTCC 322.17
custodial supplies:City Hall 288.88
custodial supplies:CRC 288.88
custodial supplies:C. Museum 152.14 1,052.07
Page2
apChkLst Final Check List Page: 3
01/0412007 12:42:46PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
112557 01/04/2007 004307 MARINE BIOCHEMISTS Dec water maint:Harveston/Duck Pond 4,855.00 4,855.00
112558 01/04/2007 000220 MAURICE PRINTERS INC printing:"lnside Temecula" newsletters 6,297.00 6,297.00
112559 01/04/2007 001384 MINUTEMAN PRESS business cards:A.Adams/G.Yates 348.08
business cards:C.Washington/MNaggar 233.93 582.01
112560 01/04/2007 004490 MUSCO SPORTS LIGHTING INC ballfields lighting:various parks 2,776.51 2,776.51
112561 01/04/2007 010630 NUNLEY, SETH Reimb: CNOA Conf:11/18-21/06 804.79 804.79
112562 01/04/2007 007484 PHILIPS MEDICAL SYSTEMS INC AED For Pad Pgrm: Paramedics 697.69 697.69
112563 01/04/2007 010625 PICADO, JORGE Refund: Cite 49560 Dismissed by Officer 55.00 55.00
112564 01/04/2007 010338 POOL & ELECTRICAL PRODUCTS pool chemicals: Aquatics 86.20
INC
pool chemicals: Aquatics 72.66 158.86
112565 01/04/2007 000262 RANCHO CALIF WATER DISTRICT Dec 01-23-01075-1 Crwne Hill 690.72
Dec 01-02-98010-0 Fire Stn 84 438.69 1,129.41
112566 01/04/2007 002654 RANCHO FORD LINCOLN mirror conversion kit: tcsd utility 273.29
MERCURY
City vehicle maintlrepairs:Code Enf 29.53 302.82
112567 01/04/2007 000418 RIVERSIDE CO CLERK & ntclexemption filing fee:MSHCP 50.00 50.00
RECORDER
112568 01/04/2007 000406 RIVERSIDE CO SHERIFFS DEPT 7/20/06 to 8/16/06:law enforcement 1,150,904.97
7/01/06 to 07/19/06:law enforcement 762,729.90
Nov 06 Booking Fee 21,938.04 1,935,572.91
112569 01/04/2007 001309 RUSE, PHYLLIS reimb:library grand opening supplies 505.49 505.49
112570 01/04/2007 001942 S C SIGNS Oct public ntc sign postings:Planning 1,700.00
Dec public ntc sign postings:Planning 1,445.00
Nov public ntc sign postings:Planning 1,430.00 4,575.00
112571 01/04/2007 007660 SEARS ROEBUCK & CO dishwasher for upstairs kitchen @City 323.24 323.24
112572 01/04/2007 010089 SECURITAS SECURITY SRVCS 12/8-14/06 Security Srvcs:Fire Stn 95 1,055.54 1,055.54
USA
Page:3
apChklst Final Check List Page: 4
01/0412007 12:42:46PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
112573 01/04/2007 004609 SHREDFORCE INC Dec doc .shredding svcs:Rcrds Mgmt 110.00 110.00
112574 01/04/2007 000645 SMART & FINAL INC EE Recogn Supplies:H.R. 216.81
Teen Program Supplies 94.48 311.29
112575 01/04/2007 000537 SO CALIF EDISON Dec 2-00-397-5042 City Hall 5,796.40
Dec 2-00-397-5067 various mtrs 1,010.11
Dec 2-10-331-2153 TCC 898.98
Dec 2-02-351-4946 MPSC 787.45
Dec 2-27-615-1750 Fire Stn 73 586.34
Dec 2-18-937-3152 T .Museum 581.4 1
Dec 2-23-365-5992 Fire Stn 92 501.25
Dec 2-20-817-9929 Police OT Stn 278.47
Dec 2-19-171-8568 Wedding Chpl 71.95
Dec 2-14-204-1615 Front st Rdio 39.98
Dec 2-27-371-8494 Offsite Storage 20.14 10,572.48
112576 01/04/2007 001212 SO CALIF GAS COMPANY Dec 091-024-9300-5 CRC 3,986.06
Dec 021-725-0775-4 MPSC 359.76
Dec 101-525-1560-6 Fire Stn 73 337.39
Dec 026-671-2909-8 Community Theater 256.34
Dec 095-167-7907-2 Fire Stn 84 250.17
Dec 133-040-7373-0 Maint Fac 139.46
Dec 101-525-0950-0 TCC 115.89
Dec 181-383-8881-6 T. Museum 104.44
Dec 196-025-0344-3 C. Museum 37.70
Dec 091-085-1632-0 T.E.S. Pool 11.84 5,599.05
112577 01/04/2007 004511 SO CALIF GAS COMPANY Install Gas Line: Wolf Crk Fire Stn 652.62 652.62
112578 01/04/2007 005786 SPRINT 11/15-12/14/06 Acct level Chrgs 31.33 31.33
112579 01/04/2007 001546 STRAIGHT LINE GLASS Res Imp Prog: Robles, Margarita 526.56
Res Imp Prog: Robles, Margarita 521.55 1,048.11
112580 01/04/2007 008373 SUN BEL T RENTALS INC light towers:Santa's Electric Light 754.26
light towers:Santa's Electric Light 409.45
light towers:Santa's Electric Light 176.08 1,339.79
112581 01/04/2007 004260 TEMECULA STAMP & GRAPHICS various self inking stamps:Finance 62.98
various self inking stamps:Finance 38.52 101.50
112582 01/04/2007 000307 TEMECULA TROPHY COMPANY certificate holders for proclamations 620.64 620.64
112583 01/04/2007 000306 TEMECULA VALLEY PIPE & drinking fountain parts: Parks 2,726.02 2,726.02
SUPPLY
Page:4
apChkLst Final Check List Page: 5
01/0412007 12:42:46PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
112584 01/04/2007 004274 TEMECULA VALLEY SECURITY Compartment Safe:Library 2,059.97 2,059.97
CENTR
112585 01/04/2007 005937 TOMCZAK, MARIA T. TCSD Instructor Earnings 56.00 56.00
112586 01/04/2007 002452 TOP LINE INDUSTRIAL mise parts/supplies:PW Maint 72.50
mise parts/supplies:PW Maint 37.13 109.63
112587 01/04/2007 007433 TOVEY SHULTZ CONSTRUCTION Nov prgs #4:Field Oper Ctr PW03-06 270,729.10 270,729.10
INC
112588 01/04/2007 009957 TRIARCO ARTS & CRAFTS LLC craft items: library 54.79 54.79
112589 01/04/2007 000459 TUMBLE JUNGLE FITNESS GYM TCSD Instructor Earnings 187.60
INC
TCSD Instructor Earnings 93.80
TCSD Instructor Earnings 93.80 375.20
112590 01/04/2007 004759 TWIN GRAPHICS vehicle graphics for Police units 1,023.63 1,023.63
112591 01/04/2007 008517 UNITED SITE SERVICES OF 1217-01/3 fence rental:Main St Bridge 26.40 26.40
CA,INC
112592 01/04/2007 004261 VERIZON Dee xxx-0074 general usage 258.84
Dee xxx-3526 fire alarm 86.61
Dee xxx-3564 alann 57.72
Dee xxx-0714 PO Mall Alarm 30.86
Dee xxx-5275 PO DSL 29.79
Dee xxx-7786 C. Washington 29.65
Dee xxx-9074 McLaughlin Bldg 28.87
Dee xxx-2676 general usage 28.87
Dee xxx-5696 Sports Complex 28.87
Dee xxx-3984 M.Naggar 28.87
Dee xxx-6084 general usage 27.94 636.89
112593 01/04/2007 004789 VERIZON ONLINE Internet svcs/EOC backup @ Library 364.54
Internet svcs xx9549 Police Storefront 39.95 404.49
112594 01/04/2007 009663 VERNON LIBRARY SUPPLIES INC 2nd PmtlRfid System For New Library 47,165.11 47,165.11
112595 01/04/2007 003776 ZOLL MEDICAL CORPORATION medical supplies:Paramedics 290.76 290.76
Grand total for UNION BANK OF CALIFORNIA: 2,397,815.42
PageS
apChkLst
01/0412007
12:42:46PM
Final Check List
CITY OF TEMECULA
Page: 6
73
checks in this report.
Grand Total All Checks:
2,397,815.42
Page:6
apChkLst Final Check List Page: 1
01/1112007 4:42:07PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
795 01/11/2007 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 10,403.78
Child Care Reimbursement Payment 0.00 10,403.78
796 01/11/2007 000444 INSTATAX (EDD) State Disability Ins Payment 25,809.24 25,809.24
797 01/11/2007 000283 INSTATAX (IRS) Federal Income Taxes Payment 104,425.87 104,425.87
798 01/11/2007 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 22,568.47 22,568.47
SOLUTION
799 01/11/2007 000245 PERS - HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 76,496.41
Blue Shield HMO Payment 0.00 76,496.41
800 01/11/2007 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 113,164.22 113,164.22
RETIREMENT)
801 01/11/2007 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 2,737.28 2,737.28
NATIONWIDE RETIREMENT
112596 01/11/2007 003552 AFLAC AFLAC Cancer Payment 2,933.08 2,933.08
112597 01/11/2007 007186 AB MAILING SOLUTIONS Postage/mailing: brochures for theater 683.38 683.38
112598 01/11/2007 004973 ABACHERLI, L1NDI TCSD instructor earnings 800.00 800.00
112599 01/11/2007 004765 ACTIVE NETWORK INC, THE Refund:Shoemaker,B.1140.206 12.50
Refund:Shoemaker,W.1140.206 12.50 25.00
112600 01/11/2007 008552 ADKINS DESIGN CONSULTING Graphic design:library logo 261.13 261.13
112601 01/11/2007 009972 ALCORN FENCE COMPANY Release Retention:R.Cal/Ovrlnd Fencing 19,572.75 19,572.75
112602 01/11/2007 004601 ALL THE KING'S FLAGS Flags:TCSD 28.07 28.07
112603 01/11/2007 009374 ALLEGRO MUSICAL VENTURES Piano Tuning, Voicing & Repair:Theater 135.00 135.00
112604 01/11/2007 006915 ALLIE'S PARTY EQUIPMENT Rentals:TCSD light parade 1,208.96
Rentals:Tree Lighting Ceremony 564.92
Rentals:theater anniversary 530.62
Rentals:J O'Grady retirement 118.88 2,423.38
Page:1
apChkLst Final Check List Page: 2
01/1112007 4:42:07PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
112605 01/11/2007 009767 AL TA LOMA CHARTER INC Bus Tours:Holiday Lights & Festive 987.26
Bus Tours:Holiday Lights & Festive 719.19 1,706.45
112606 01/11/2007 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening:Police 324.00 324.00
112607 01/11/2007 000101 APPLE ON E INC Temp Help PPE 12/16/06 Henry, X. 480.64
Temp Help PPE 12/23/06 Henry, X. 352.97
Temp Help PPE 12/23/06 Jepsen, L. 299.60
Temp Help PPE 12/16/06 Jepsen, L. 299.60
Temp Help PPE 12/23/06 Jepsen, L. 225.30
Temp Help PPE 12/16/06 Jepsen, L. 225.30
Temp Help PPE 12/9/06 Gallegos, S. 105.14 1,988.55
112608 01/11/2007 001561 ARCH WIRELESS Jan-Mar paging/rental svcs:PWfTCSD 278.55 278.55
112609 01/11/2007 001323 ARROWHEAD WATER INC Bottled wtr svcs@ maint. facility 193.64
Bottled wtr svcs @ City Hall 140.75
Bottled wtr svcs @ City Hall 42.01
Bottled wtr svcs @ CRC 38.16
Bottled wtr svcs @ Children's Museum 30.76
Bottled wtr svcs @ TCC 19.25
Bottled wtr svcs @ Museum 16.10
Bottled wtr svcs @ Theater 12.88 493.55
112610 01/11/2007 002381 BEAUDOIN, LINDA Retirement Medical Payment 733.24 733.24
112611 01/11/2007 004778 BERRYMAN & HENIGAR INC 9/9-11/3/06 svc:Rancho Calif Rd \l\liden 4,533.65 4,533.65
112612 01/11/2007 004040 BIG FOOT GRAPHICS TCSD instructor earnings 350.00 350.00
112613 01/11/2007 004262 BIO-TOX LABORATORIES Oct/Nov DUI drug & alcohol screening 1,065.25
Oct/Nov DUI drug & alcohol screening 765.20 1,830.45
112614 01/11/2007 008605 BONTERRA CONSULTING Silt removal:RRSP channel 4,625.00 4,625.00
112615 01/11/2007 010469 BOZONELOS,ROBERT TCSD instructor earnings 490.00 490.00
112616 01/11/2007 008286 BRASGA, CAZI Reimb: NetRouser 2 Prof Edition 332.60 332.60
112617 01/11/2007 004176 BROADWING Long distance & internet svcs 749.15 749.15
TELECOMMUNICATIONS
112618 01/11/2007 003222 BROCKMEIER, CAROL Retirement Medical Payment 733.24 733.24
Page2
apChkLst Final Check List Page: 3
01/1112007 4:42:07PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
112619 01/11/2007 003138 CAL MAT PW patch truck materials 261.62
PW patch truck materials 130.38
PW patch truck materials 94.82 486.82
112620 01/11/2007 005384 CALIF BAGEL BAKERY & DELI refreshments:PW year-end mtg 12/5 777.79
Refreshment:lS library staffwrkg lunch 134.69 912.48
112621 01/11/2007 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00
112622 01/11/2007 000486 CALIF MUNI REVENUE & TAX 2007 annual agency membership dues 50.00 50.00
ASSOC
112623 01/11/2007 000152 CALIF PARKS & RECREATION Membership: Martin Betz 113171 125.00
SOC
Membership: Phyllis Ruse 002219 125.00 250.00
112624 01/11/2007 004604 CALPELRA '07 Membership: Grant Yates 270.00 270.00
112625 01/11/2007 004971 CANON FINANCIAL SERVICES, Copier lease agrmnt:City facilities 4,825.88
INC
Copier lease agrmnt:T.Mus/Front Lobby 337.12 5,163.00
112626 01/11/2007 009539 CHARLES ABBOTT ASSOCIATES Nov Plan check srvcs:fire prevention 5,617.50 5,617.50
INC
112627 01/11/2007 004837 CHERRY VALLEY FEED & PET Police K-9 Food & Supplies 90.50 90.50
SUPL Y
112628 01/11/2007 005417 CINTAS FIRST AID & SAFETY first aid kit supplies: City Hall 95.14 95.14
112629 01/11/2007 010644 CLARK, ASH LEIGH Refund: CPR Class #3206.101 35.00 35.00
112630 01/11/2007 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 105.00 105.00
112631 01/11/2007 009969 COMPUCOM SYSTEMS INC MS licenses client windows server 67,337.32 67,337.32
112632 01/11/2007 006303 CONDUrT NETWORKS, INC Integration:Copiers & Computers Library 4,750.00 4,750.00
112633 01/11/2007 001264 COSTCO WHOLESALE Supplies:TCSD 184.32 184.32
112634 01/11/2007 006954 CRAFTSMEN PLUMBING & HVAC Plumbing srvcs:PBSP 11,520.00
Plumbing srvcs: CRC 466.69
Plumbing srvcs: CRC 152.72 12,139.41
Page:3
apChkLst Final Check List Page: 4
01/1112007 4:42:07PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
112635 01/11/2007 008810 CROSSTOWN ELECTRICAL & prgss: intersection monitoring pw05-05 113,438.70 113,438.70
DATA
112636 01/11/2007 003561 D F M ASSOCIATES Book: 2007 Calif Elections Code 51.72 51.72
112637 01/11/2007 004123 D L PHARES & ASSOCIATES Jan Lease Charges: Police Old Town 2,402.57
Dec Lease Chrg:Police Old Town 240.26 2,642.83
112638 01/11/2007 001233 DANS FEED & SEED INC Hay Bales for Children's Museum 150.00 150.00
112639 01/11/2007 001393 DATA TICKET INC Nov Parking citation processing 3,239.60 3,239.60
112640 01/11/2007 000684 DIEHL EVANS & COMPANY LLP City auditlCAFR srvcs FY 05/06 6,425.00
City audit services 2,725.00 9,150.00
112641 01/11/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles:TCSD 1,759.78
INC
Fuel for City vehicles:PIN Maintenance 1,482.90
Fuel for City vehicles:Bldg&Safety 496.00
Fuel for City vehicles:PW Land Dev 396.32
Fuel for City vehicles:Code Enforcement 160.42
Fuel for City vehicles: PIN CIP Div 136.55
Fuel for City vehicles:Planning 105.57
Fuel for City vehicles: Police 91.16
Fuel for City vehicles:PIN Traffic Div 40.56 4,669.26
112642 01/11/2007 001669 DUNN EDWARDS CORPORATION Painting Supplies: various parks 136.06
Painting Supplies: various parks 27.59 163.65
112643 01/11/2007 004799 E C S IMAGING INC Scanner Prem. G600 Base 42 in 9,989.51 9,989.51
112644 01/11/2007 008704 EDVVARDS,MARYANN Reimb: NLC Human Devel:9/14-16/06 5.50 5.50
112645 01/11/2007 000164 ESGIL CORPORATION Plan check srvcs:B&S 84,691.58
Credit: Ovrchged B&S plan check fees -564.28 84,127.30
112646 01/11/2007 001056 EXCEL LANDSCAPE Ldscp repairs: Various Parks 42,912.29
Ldscp repairs: South Slopes 33,002.50
Ldscp repairs: North Slopes 28,407.04
Ldscp repairs: City medians 10,935.12
Ldscp impr:City HallNVest Wing 8,069.24
Ldscp repairs: Slope irrigation 1,955.02 125,281.21
112647 01/11/2007 000478 FAST SIGNS Misc. Signs & Banners:Museum 189.46 189.46
Page:4
apChkLst Final Check List Page: 5
01/1112007 4:42:07PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
112648 01/11/2007 000165 FEDERAL EXPRESS INC Express mail services 187.52
Express mail services 180.37
Express mail services 61.41 429.30
112649 01/11/2007 000206 FEDEX KINKOS INC Misc Paper/Office Supplies:Ctrl SVcs 698.58 698.58
112650 01/11/2007 003747 FINE ARTS NETWORK Entertainmentholidays in Old Town 300.00 300.00
PageS
apChkLst
01/1112007
4:42:07PM
Final Check List
CITY OF TEMECULA
Page: 6
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
112651 01/11/2007 003347 FIRST BANKCARD CENTER
HYATT GR Htl:RDA Bond Closing 12/13-14/06
163.83
SOUTHWEST AIRLINES RR Airiare:Conference
157.10
ORIGINAL ROADHOUSE GRILL GY Rfrshmnts:Traf/Safety Comm. orient.
94.22
ONTARIO AIRPORT RR Prkg:NLC Conf:12/5-B/06
60.00
VETERANS CAB GR trnsprt:RDA Bond Closing 12/13-14/06
58.52
COUNTRY SPLENDOR HP f1owerslP.B. Sprts Cmplx dedication
FLOWERS/GIFTS
53.88
LEAGUE OF CALIF CITIES GR League of Calif Cities publications
42.00
GUADALAJARA MEXICAN GRILL DU Rfrshmnts:Pln Commission mtg 12/6
38.03
DELAWARE NORTH COMPANIES GR Meal:RDA Bond Closing 12/13-14/06
INC
30.29
ONTARIO AIRPORT JC Prkg:NLC Conf:12/5-B/06
28.00
SOUTHWEST AIRLINES JC Airiare:NLC Conf:12/5-B106
27.00
HILTON RR Meal:Regional Council mtg:12/14
26.28
TREO CENTRAL STORE DU treo vehicle charger
24.90
PAP A HP membership dues
20.00
MIMI'S CAFE GT Rfrshmnts:transition mtg:11/29/06
18.45
EXXONMOBIL CARD SERVICES RR fuel:NLC Conf:12/5-B/06
15.00
PETERSON'S HP online prgm test preparation:Library
2,000.00
HILTON GR Htl:League Calif Cities Cf
667.42
ATLANTIS JC HotelNLC Conf:12/5-B/06
581.14
NATIONAL LEAGUE OF CITIES JC Regist:NLC Conf:12/5-B/06
410.00
NATIONAL LEAGUE OF CITIES RR RegistConference
410.00
ATLANTIS RR HtlNLC Conf:12/5-B/06
396.48
AMERICAN AIRLINES RR Airiare:Conference
364.20
PLANTATION HOUSE, THE RR rirshmnts:Sister Cities
297.00
FOLD-A-GOAL HP sports equipment:PBSP
280.50
SHERATON HOTEL RR Htl:Conf
249.18
HERTZ RENT-A-CAR
RR rental car:NLC Conf:12/5-B106
235.97
6,749.39
Page:6
apChkLst Final Check List Page: 7
01/1112007 4:42:07PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
112652 01/11/2007 010493 FOREST CITY COMMERCIAL Jan lease:Police Mall Storefront 1,458.33 1,458.33
MGMT
112653 01/11/2007 010325 FORT DEARBORN LIFE Voluntary Supp Life Insurance Payment 940.20 940.20
112654 01/11/2007 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
112655 01/11/2007 000170 FRANKLIN QUEST COMPANY INC Office Supplies:P1anning 36.48
Office Supplies:Planning 12.21
credit:office supplies/Planning -24.09 24.60
112656 01/11/2007 007866 G C S SUPPLIES INC Printer toner supplies:Citywide 2,418.97
Printer toner supplies:Citywide 1,376.24 3,795.21
112657 01/11/2007 010028 G M BUSINESS INTERIORS Furniture:Library 79,013.55
Furniture:Library 14,733.88 93,747.43
112658 01/11/2007 000177 GLENNIES OFFICE PRODUCTS Office Supplies:Library 2,253.90
INC
Office Chairs:Bldg & Safety 1,492.96
Office Supplies:TCSD 1,188.16
Office Supplies:Planning 698.42
Office Supplies:Fire Stn. 73 373.24
Office Supplies:lnfo Sys 366.80
Office Supplies:City Manager 237.24
Office Supplies:Cntrl SVcs/Reception 76.15
Office Supplies:Finance 40.78
Office Supplies:City Clerk 4.58 6,732.23
112659 01/11/2007 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prev. 84.73 84.73
112660 01/11/2007 005664 GOSCH TOWING & RECOVERY Towing Srvcs:Police 187.50 187.50
112661 01/11/2007 000711 GRAPHICS UNLIMITED graphics services: Dee '06 TCSD brochure 30,094.16 30,094.16
LITHOGRAPHY
112662 01/11/2007 009713 H 0 N COMPANY, THE Office furniture:Police 704.42 704.42
112663 01/11/2007 005311 H20 CERTIFIED POOL WATER Pool srvcs & supplies:CRC & TES 900.00 900.00
SPCL.
112664 01/11/2007 004053 HABITAT WEST INC maintenance: Long Canyon Det Basin 554.00 554.00
Page:?
apChkLst Final Check List Page: 8
01/1112007 4:42:07PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
112665 01/11/2007 000186 HANKS HARDWARE INC Hardware supplies:Parks 1,827.51
Hardware supplies:Parks 924.85
Hardware supplies:PWTraffic Div 351.25
Hardware supplies:Stn 84 159.20
Hardware supplies:Theater/Parks 150.56
Hardware supplies: City Hall 137.41
Hardware supplies:lnfo Sys 46.26
Hardware supplies:PWTraffic Div 17.71
Hardware supplies:B&S 12.77 3,627.52
112666 01/11/2007 001135 HEALTH POINTE MEDICAL Nov pre-employment physicals 245.00
GROUP INC
Dec pre-employment physicals 85.00
Nov pre-employment physicals 75.00 405.00
112667 01/11/2007 005748 HODSON, CHERYL A. Support Payment 13.09 13.09
112668 01/11/2007 000963 HOGAN, DAVID Retirement Medical Payment 733.24 733.24
112669 01/11/2007 003198 HOME DEPOT, THE Maintenance supplies:PWMaint 330.09
Maintenance supplies:library 176.82
Maintenance supplies:parks 86.19
Maintenance supplies:PWMaint 65.07
Maintenance supplies:parks 29.53
Maintenance supplies:parks 27.92
Maintenance supplies:parks 21.53
Maintenance supplies:parks 14.16 751.31
112670 01/11/2007 004525 HUMAN SCALE CORPORATION Office equipment:RDA 50.00 50.00
112671 01/11/2007 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 39,536.14 39,536.14
303355
112672 01/11/2007 005683 IS G THERMAL SYSTEMS USA Battery: fire stn 73 imaging camera 175.50 175.50
INC
112673 01/11/2007 004833 IMPERIAL PAVING COMPANY INC repair asphalt: Santa Gertrudis Trail 80,000.00 80,000.00
112674 01/11/2007 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemical:CRCfTES pools 212.49
INC
Pool sanitizing chemical:CRCfTES pools 152.77
Pool sanitizing chemical:CRCfTES pools 54.00 419.26
112675 01/11/2007 004179 INTL E-Z UP, INC Shade Dome II Shelters: CRC 190.58 190.58
Page:8
apChkLst Final Check List Page: 9
01/1112007 4:42:07PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
112676 01/11/2007 006924 INTL MUNICIPAL SIGNAL ASSOC. Membership:Stephan J.Oldham 40.00 40.00
112677 01/11/2007 010119 IRS-OIC Sup Pmt Offer#1 000497587 452379267 140.11 140.11
112678 01/11/2007 001186 IRWIN, JOHN TCSD instructor earnings 243.60
TCSD instructor earnings 42.00 285.60
112679 01/11/2007 010428 IT'S A DOGS WORLD K-9 TCSD Instructor Earnings 700.00
ACADEMY
TCSD Instructor Earnings 560.00 1,260.00
112680 01/11/2007 004908 JIFFY LUBE 1878 City Vehicle Oil Chg:Bldg & Safety 74.18 74.18
112681 01/11/2007 003046 K FRO G 95.1 FM RADIO Radio broadcasting:Old Town events 1,330.00 1,330.00
112682 01/11/2007 001091 KEYSER MARSTON ASSOCIATES consulting srvcs:RDA real estate 6,390.00 6,390.00
INC
112683 01/11/2007 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 453.60
TCSD instructor earnings 365.01
TCSD instructor earnings 340.20
TCSD instructor earnings 311.85
TCSD instructor earnings 226.80
TCSD instructor earnings 141.75
TCSD instructor earnings 113.40
TCSD instructor earnings 113.40 2,066.01
112684 01/11/2007 007834 KMART Spark of Love Toy Drive 79.64 79.64
112685 01/11/2007 001282 KNORR SYSTEMS INC Aquatic - Pool Mntc supplies 3,025.47
Aquatic - Pool Mntc supplies 332.38
Aquatic - Pool Mntc supplies 11.24 3,369.09
112686 01/11/2007 000209 L & M FERTILIZER INC Misc. tools & equipment: PIN 112.09 112.09
112687 01/11/2007 010120 L G C INLAND INC Sep geotech testing svcs:Fiber Optic 7,360.00
Nov geotech testing svcs:Fiber Optic 5,745.50 13,105.50
112688 01/11/2007 000210 LEAGUE OF CALIF CITIES Annual Agency Membership 2007 21,526.00
2007 Membership: Agency 200.00 21,726.00
112689 01/11/2007 004412 LEANDER, KERRY D. TCSD instructor earnings 281.75
TCSD instructor earnings 252.00
TCSD instructor earnings 225.75 759.50
Page:9
apChkLst Final Check List Page: 10
01/1112007 4:42:07PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
112690 01/11/2007 000482 LEIGHTON CONSULTING INC 9/15/06-11/26/06 prof svcs:Civic Ctr 17,568.00
10/2/06-11/26/06 prgss:Ed Ctr rough grd 8,903.61 26,471.61
112691 01/11/2007 009388 LETS GET PERSONAL Uniform shirts: code enforcement 1,158.52 1,158.52
112692 01/11/2007 010106 LIBRARY DESIGN GROUP Furniture: Temecula Library 147,816.12
Creditfurniture returned/Library -4,949.83 142,866.29
112693 01/11/2007 004905 LIEBERT, CASSIDY & WI-HTMORE Nov HR legal svcs for TE060-01 832.00 832.00
112694 01/11/2007 003726 LIFE ASSIST INC Medical Supplies: Paramedics 1,622.29
Medical Supplies: Paramedics 180.00 1,802.29
112695 01/11/2007 010268 LIGHTING RESOURCES LLC Disposal of universal waste:tcsd 100.00 100.00
112696 01/11/2007 004807 LINE X OF TEMECULA Spray on Bed Liner:Paramedic Vehicle 516.63 516.63
112697 01/11/2007 006897 LORY, SUSAN, J. TCSD instructor earnings 252.00
TCSD instructor earnings 220.50 472.50
112698 01/11/2007 009617 LOTUS MUSIC PRODUCTIONS, Mindi Abair event pmt 1/5/07 13,244.15 13,244.15
INC.
112699 01/11/2007 004087 LOWES INC Misc suppliesTem. Citizen Corp 161.59
Misc supplies Theater 147.79
Misc supplies Theater 4.53 313.91
112700 01/11/2007 010645 LOWRY, KARL R. Refund: Eng Deposit/40530 Carmelita Cir 995.00 995.00
112701 01/11/2007 010204 M T G L INC Novtesting/inspect svcs:Field Oper ph 2 12,985.00 12,985.00
112702 01/11/2007 004141 MAINTEX INC Custodial Supplies:West \/\ling 297.39
Custodial Supplies:West \/\ling 209.20
Credit:items returnedlWest \/\ling -297.39 209.20
112703 01/11/2007 001967 MANPOWER TEMPORARY temp help w/e 12/10 D.Cregut 147.51 147.51
SERVICES
112704 01/11/2007 003444 MARTIN & CHAPMAN COMPANY '06 City Clerks directory w/bylaws 24.40 24.40
112705 01/11/2007 002693 MATROS, ANDREA TCSD Instructor Earnings 35.00 35.00
112706 01/11/2007 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 8,135.10 8,135.10
Page:10
apChkLst Final Check List Page: 11
01/1112007 4:42:07PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
112707 01/11/2007 009541 MEYER AND ASSOCIATES Nov dsgn svcs:TCC expansion 455.00 455.00
112708 01/11/2007 007210 MIDORI GARDENS irrigation repairs:Sam Hicks Park 11130 200.92 200.92
112709 01/11/2007 008091 MILLMORE'S WAA CREW City vehicles detailing svcs:PW Depts 150.00
City vehicles detailing svcs:PW Depts 150.00
City vehicles detailing svcs:PW Depts 125.00
City vehicles detailing svcs:PW Depts 100.00
City vehicle detailing svcs:Planning 20.00 545.00
112710 01/11/2007 001384 MINUTEMAN PRESS business cards: R. Roberts 116.96 116.96
112711 01/11/2007 005853 MOMS CLUB OF TEMECULA refund :sec.depositfTCC 150.00 150.00
SOUTH
112712 01/11/2007 004586 MOORE FENCE COMPANY purchlinstall fencing:Harveston Park 1,537.00 1,537.00
112713 01/11/2007 007011 MORRIS MYERS MAINTENANCE Dec restroom janitorial srvcs:Parks 5,815.00 5,815.00
112714 01/11/2007 001986 MUZAK -SOUTHERN CALIFORNIA Jan "on-hold" phone music:City Hall 129.72 129.72
112715 01/11/2007 002925 NAPA AUTO PARTS equip parts & supplies:PW Maint Div 14.96 14.96
112716 01/11/2007 006140 NORTH JEFFERSON BUSINESS Jan-Mar bus.prk assn dues:F.V.l115 xx20 469.35
Jan-Mar bus.prk assn dues:F.V.l115 xx17 345.45 814.80
112717 01/11/2007 003964 OFFICE DEPOT BUSINESS SVS office supplies:Police Old Town 364.45
DIV
office supplies:Police Mall Store Front 188.30 552.75
112718 01/11/2007 006721 OFFICEMAX - A BOISE COMPANY Finance Department Office Supplies 192.70 192.70
112719 01/11/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 366.78
City Vehicle Repair/Maint SVcs 274.47
City Vehicle Repair/Maint SVcs 129.09
City Vehicle Repair/Maint SVcs 117.39
City Vehicle Repair/Maint SVcs 101.23
City Vehicle Repair/Maint SVcs 93.53
City Vehicle Repair/Maint SVcs 64.27
City Vehicle Repair/Maint SVcs 34.27
City Vehicle Repair/Maint SVcs 34.27 1,215.30
Page:11
apChkLst Final Check List Page: 12
01/1112007 4:42:07PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
112720 01/11/2007 001171 ORIENTAL TRADING COMPANY supplies:Breakfast with Santa 564.38 564.38
INC
112721 01/11/2007 002297 OVERLAND PACIFIC & CUTLER Noy consulting:Civic Center Plaza 2,412.50 2,412.50
INC
112722 01/11/2007 002256 P & 0 CONSULTANTS INC Noy Inspection srvcs: Bob Henderson 10,369.20 10,369.20
112723 01/11/2007 002734 P V P COMMUNICATIONS INC (5) motorcycle helmets:Police 2,282.18 2,282.18
112724 01/11/2007 003955 PANE CONSULTING SERVICE embroidery svcs:Planning 46.10 46.10
(PCS)
112725 01/11/2007 004074 PARTY CITY OF TEMECULA INC rec supplies: Teen Prgrm 83.46 83.46
112726 01/11/2007 002099 PASCOE MANAGEMENT LLP Jan '07 Old Town Restroom Lease 826.00 826.00
112727 01/11/2007 001320 PELLETIER, JULIE reimb:Senior bus detailing for Parade 85.00
reimb:High Hopes supplies 78.00
reimb:photos for TCSD brochure 28.00 191.00
112728 01/11/2007 001958 PERS LONG TERM CARE PERS Long Term Care Payment 220.12 220.12
PROGRAM
112729 01/11/2007 000249 PETTY CASH Petty Cash Reimbursement 236.09 236.09
112730 01/11/2007 005820 PRE-PAID LEGAL SERVICES INC PrePaid Legal Services Payment 528.10 528.10
112731 01/11/2007 004529 QUAID TEMECULA HARLEY- purchase motorcycle xx3838:Police 8,237.01
DAVIDSON
purchase motorcycle xx2764:Police 8,237.01
purchase motorcycle xx2394:Police 8,237.01
Dec motorcycle maint svcs:Police 2,170.20 26,881.23
112732 01/11/2007 002012 ROO EQUIPMENT COMPANY PW backhoe service & repairs 33.85 33.85
112733 01/11/2007 002612 RADIO SHACK INC Computer Supplies:Ubrary 145.39 145.39
112734 01/11/2007 002072 RANCHO CALIF WATER DIST- balance due/install mtrs:Rdhwk Medians 1,455.59 1,455.59
FEES
Page:12
apChkLst Final Check List Page: 13
01/1112007 4:42:07PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
112735 01/11/2007 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 8,781.91
Dec 01-08-92010-0 PBSP 2,398.46
Various Water Meters 1,954.37
Various Water Meters 796.61
Various Water Meters 283.87
Dec 01-00-50012-0 Hwy 79S 93.30
Various Water Meters 72.64
Dec 01-08-38009-0 Fire Stn 92 61.32 14,442.48
112736 01/11/2007 002654 RANCHO FORD LINCOLN Hybrid vehicle xx7853:Police CAP Prgm 26,404.14
MERCURY
Hybrid vehicle xx7852:Police CAP Prgm 26,404.14
Hybrid vehicle xx6546:Police CAP Prgm 26,404.14 79,212.42
112737 01/11/2007 004584 REGENCY LIGHTING electrical supplies:City facilities 296.65 296.65
112738 01/11/2007 004498 REPUBLIC INTELLIGENT Nov Eng Srvcs:PWTraffic 4,500.00
Nov traf sgnl call outs/repairs 973.88
Nov streetlight maintlrepairs 795.38 6,269.26
112739 01/11/2007 008928 RIGEL PRODUCTS & SERVICE equip maintlrepairs:PW Maint 258.60 258.60
112740 01/11/2007 000418 RIVERSIDE CO CLERK & ntclexemption:Diaz Rd realignment 95-27 64.00 64.00
RECORDER
112741 01/11/2007 003698 RIVERSIDE CO ECONOMIC E/D Forum MN/JC/AAlGW/KN 1/18 175.00 175.00
112742 01/11/2007 000268 RIVERSIDE CO HABITAT December 2006 K-Rat payment 1,530.00 1,530.00
112743 01/11/2007 001592 RIVERSIDE CO INFO Nov '06 emerg. radio rental:Police 1,906.45 1,906.45
TECHNOLOGY
112744 01/11/2007 000406 RIVERSIDE CO SHERIFFS DEPT 8/17-9/13/06:lawenforcement 1,177,547.27
Christmas parade patrol svcs:1211/06 4,772.76 1,182,320.03
112745 01/11/2007 001309 RUSE, PHYLLIS reimb:state Office Library Const mtg 67.60 67.60
112746 01/11/2007 001942 S C SIGNS Oct-Dec public ntc sign postings:Cty 170.00 170.00
112747 01/11/2007 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,206.52 1,206.52
112748 01/11/2007 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581 095025 12.50 12.50
Page:13
apChkLst Final Check List Page: 14
01/1112007 4:42:07PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
112749 01/11/2007 006176 SANTA ANA COLLEGE Prevo 2A:Elsa Grice 2/5/07-2/9/07 140.00 140.00
112750 01/11/2007 006176 SANTA ANA COLLEGE Prevo 2A:Lorri Larson 2/5/07-2/9/07 140.00 140.00
112751 01/11/2007 009661 SAVE OUR SOUTHWEST HILLS Thtr settlem ent 12/30/06 event 2,306.75 2,306.75
112752 01/11/2007 004562 SCHIRMER ENGINEERING CORP. Nov plan check services: Fire Prev 2,348.25 2,348.25
112753 01/11/2007 010089 SECURITAS SECURITY SRVCS 12/1-7/06 security srvcs:Fire Stn 95 1,337.96
USA
12/22-28/06 security srvcs:Fire Stn 95 1,326.17
12/15-21/06 security srvcs:Fire Stn 95 1,149.68 3,813.81
112754 01/11/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment LO File # 2005033893 150.00 150.00
112755 01/11/2007 007342 SHUTE, MIHALY & WEINBERGER Nov '06 legal services 275.40
LLP
Oct '06 legal services 167.40 442.80
112756 01/11/2007 000645 SMART & FINAL INC supplies:holiday lights & festive sights 232.82
recreation supplies:MPSC 138.08 370.90
112757 01/11/2007 002718 SO CALIF CITY CLERKS ASSN SCCCA mtg 1/19/07 S.Jones 35.00 35.00
112758 01/11/2007 000537 SO CALIF EDISON Dec 2-28-629-0507 Library 4,991.20
Jan 2-02-351-5281 CRC 4,471.28
Jan 2-27-805-3194 Theater 3,298.18
Dec 2-19-683-3263 Front st Ped 1,866.01
Dec 2-02-502-8077 West Wing 1,347.97
Jan 2-20-798-3248 C. Museum 931.37
Dec 2-11-007-0455 6th Street 459.55
Dec 2-21-911-7892 O.T.S.Side Prk Lot 196.22
Dec 2-27-560-0625 Sports Complex 155.68
Dec 2-21-981-4720 Hwy 79 73.33
Jan 2-28-583-2937 Hwy 79 Ped 12.81 17,803.60
112759 01/11/2007 000282 SO CALIF MUNICIPAL ATHLETIC '07 mbrshp dues:H.P.lC.M.lJ.W. 150.00 150.00
112760 01/11/2007 002503 SOUTH COAST AIR QUALITY generator operating fees: Stn 84/109664 242.32
annual emissions fees: stn 84/109664 90.08 332.40
112761 01/11/2007 000519 SOUTH COUNTY PEST CONTROL Nov pest control svcs:City facilities 451.00
INC
pest control services:Code Enf 94.00 545.00
Page:14
apChkLst Final Check List Page: 15
01/1112007 4:42:07PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
112762 01/11/2007 007762 STANDARD OF OREGON Mandatory Ufe Insurance Payment 10,633.68 10,633.68
112763 01/11/2007 008337 STAPLES BUSINESS Misc office suppliesT Museum 6.45 6.45
ADVANTAGE
112764 01/11/2007 001505 STEFFEN, SUE reimb:ee recogn supplies 1/11/07 52.56 52.56
112765 01/11/2007 008373 SUN BEL T RENTALS INC light tower rentals:'06 Holiday Parade 939.44 939.44
112766 01/11/2007 010215 T & T JANITORIAL Dec janitorial sIYcs:Library 2,176.00
Dec janitorial SIYcs:C. Museum 912.00
Dec janitorial sIYcsTMuseum 864.00
Dec janitorial sIYcs:MPSC 737.76
Dec janitorial SIYcs:TCC 708.00 5,397.76
112767 01/11/2007 000305 TARGET BANK BUS CARD SRVCS supplies:Temecula public library 50.69
Recreation Supplies:C. Museum 36.15 86.84
112768 01/11/2007 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,970.00 4,970.00
112769 01/11/2007 006914 TEMECULA COPIERS INC. Noy copier usage & maint:City Facilities 3,541.01 3,541.01
112770 01/11/2007 000168 TEMECULA FLOWER CORRAL Dec '06 Sunshine Fund 192.71 192.71
112771 01/11/2007 010046 TEMECULA VALLEY Oct '06 Bus. ImplY District Asmnts 45,421.58
CONVENTION &
Noy '06 Bus. ImplY District Asmnts 43,367.38 88,788.96
112772 01/11/2007 010561 TEMECULA VALLEY restoration equip rental:Library 1,505.00 1,505.00
RESTORATION
112773 01/11/2007 004274 TEMECULA VALLEY SECURITY Locksmith sIYcs:Library 1,479.55
CENTR
Locksmith sIYcs:HaIYeston Park 166.20
Locksmith sIYcs:B&SfThtr/City Hall 157.36 1,803.11
112774 01/11/2007 003140 TEMECULA VALLEY TCSD Instructor Earnings 63.00
TAEKWONDO
TCSD Instructor Earnings 21.00
TCSD Instructor Earnings 21.00 105.00
112775 01/11/2007 010276 TIME WARNER CABLE Dec-Jan high speed internet MPSC 91.90
Jan high speed internet C. Washington 54.95 146.85
112776 01/11/2007 004145 TIME WARNER TELECOM Dec City phones general usage 1,036.53 1,036.53
Page:15
apChkLst Final Check List Page: 16
01/1112007 4:42:07PM CITY OF TEMECUlA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
112777 01/11/2007 000668 TIMMY D PRODUCTIONS INC Sound equip/stage suppl:Harvest Carnival 450.00 450.00
112778 01/11/2007 007433 TOVEY SHULTZ CONSTRUCTION Rei stp ntc:US Air Cond/Roripaugh fire 33,060.27
INC
stp ntc:Trustees/IBEW-NECA:Roripaugh -15,393.89 17,666.38
112779 01/11/2007 004308 TOWNE & COUNTRY AUTO & auto towing serv xx3296:Police 130.00
TOWING
auto towing serv xx9051 :Police 130.00
auto towing serv xx9051 :Police 130.00 390.00
112780 01/11/2007 000978 TRAUMA INTERVENTION PRGM 2nd Qtr Emerg. Response Vol. Prgm 2,442.00 2,442.00
INC
112781 01/11/2007 002706 US POSTAL SERVICE Nat'1 zip code directory retrieval disk 50.00 50.00
112782 01/11/2007 008517 UNITED SITE SERVICES OF 12/9-01/5 security fencing:Educ.Ctr 298.68 298.68
CA,INC
112783 01/11/2007 000325 UNITED WAY United Way Charities Payment 91.00 91.00
112784 01/11/2007 004368 VAll COOPER & ASSOCIATES Novon-call inspection svcs:C.Larson 396.00 396.00
INC
112785 01/11/2007 010646 VASQUEZ, MARIA refund :sec.depositfTCC 400.00 400.00
112786 01/11/2007 004261 VERIZON Dec xxx-5509 general usage 146.88
Dec xxx-989? general usage 89.60
Dec xxx-0049 general usage 38.17
Dec xxx-1999 general usage 33.87 308.52
112787 01/11/2007 004279 VERIZON CALIFORNIA INC. Dec access-C. Mus.phone line 645.22
Dec access-CRC phone line 349.12 994.34
112788 01/11/2007 009663 VERNON LIBRARY SUPPLIES INC FlexCheck staff station:Library 3,009.25 3,009.25
112789 01/11/2007 010245 VilLA, DOLORES Retirement Medical Payment 645.17 645.17
112790 01/11/2007 010399 VOLKER LUTZ ENTERPRISE INC refreshments:City volunteer recogn 11/12 779.43 779.43
112791 01/11/2007 010637 WESTERN CENTER FOR mammoth evening/tuskany A.Adams 1/30 45.00 45.00
ARCHAEOLOGY
112792 01/11/2007 008402 WESTERN RIVERSIDE COUNTY Dec '06 MSHCP payment 14,577.00 14,577.00
Page:16
apChkLst
01/1112007
4:42:07PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
112793 01/11/2007 001544 YEAGER SKANSKA INC
Final Check List
CITY OF TEMECULA
(Continued)
Description
Amount Paid
Page: 17
Check Total
Prgs pmt #4:Education Center grading
193,901.61
193,901.61
3,116,844.87
Grand total for UNION BANK OF CALIFORNIA:
Page:17
apChkLst
01/1112007
4:42:07PM
Final Check List
CITY OF TEMECULA
Page: 18
205
checks in this report.
Grand Total All Checks:
3,116,844.87
Page:18
ITEM NO.3
APPROVAL
CITY ATTORNEY t1 /)
DIR. OF FINANCE - JClK. .
CITY MANAGER -~l:i...-
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Tim Thorson, Director of Information Systems
DATE: January 23,2007
SUBJECT: Award of Contract for Payment Manager and Online Activity Registration Software
RECOMMENDATION:
That the City Council:
1. Award a contract to Active Network for Payment Manager and Safari Online Software in the
amount of $60,183.50;
2. Allocate an additional $26,435.00 in the Information Systems Internal Services Fund in order
to secure the Safari On-line Registration Software upgrade portion of the project.
BACKGROUND: In February 2004, the City upgraded its cash management and RecWare
activity and facility registration to Quadrant and Active Network's Pro-Active hosted on-line activity
registration software. Due to the limited capacity of Quadrant and the excessive convenience fees
charged by the hosted Pro-Active solution, the City has opted to migrate away from these hosted
products and implement, on City servers, the Active Network's Cash Management and Safari On-
Line software modules.
DISCUSSION:
submillals:
The City submitted a Request for Qualifications and received the following
Vendor Comparison Matrix
Vendor Description Cost
Active Network Includes custom interfaces for funds
transfer to. Has SQL reports, and
includes web interface with secure $60,183.50
Verisign certificates for on-line
transactions
Tyler Technologies This is version 1.0 of InForum
Cashiering software that represents
Eden's attempts to compete in this $47,955.00
market. The product is not mature and
does not include the on-line reports or
secure transaction capabilities required.
The benefit of the Active Network software modules are:
. Improved cashiering interface with other revenue generating software in the City's software
inventory.
. Elimination of hosted convenience fees for residents who register for activities on the City's
website. Also, refunds will be placed directly back to resident credit cards withoutthe delays
caused by the hosted vendor.
. This application will grow and scale with the City's growth and support the increased volume
of on-line transactions that are expected with the addition of new facilities, e.g., Temecula
Public Library, PH Birdsall Sports Park, etc.
3. FISCAL IMPACT: The City has adequate funds available to acquire the Payment
Manager Software component in the FY2006-07lnformation Systems Budget. An additional
$26,435 is needed to acquire the On-line Registration Software portion of this upgrade
project, which will be allocated with available resources from the Information Systems
Internal Services Fund.
ATTACHMENTS:
Active Network Agreement
SOFTWARE INSTALLATION, LICENSING AND MAINTENANCE AGREEMENT
BETWEEN
THE ACTIVE NETWORK INC. AND THE CITY OF TEMECULA
THIS AGREEMENT is made and effective as of January 23, 2007, between the
City of Temecula, a municipal corporation ("City") and The Active Network INC., ("Vendor").
In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. TERM. The effective date of this Agreement shall be January 23,2007,
and, with respect to deliverables to be provided and softlNare installation and training, this
Agreement shall remain and continue in effect until all deliverables have been received and all
installation and training services have been completed to City's reasonable satisfaction, but no
later than January 22, 2010, unless sooner terminated pursuant to the provisions of this
Agreement. The term of any softlNare licenses purchased hereunder by the City, as contained
in Schedule A hereto, and as conveyed pursuant to Schedule D hereto, if third party softlNare is
provided by Vendor, shall be perpetual so long as City complies with all license terms and
conditions including full payment of all fees associated with purchase of the softlNare licenses.
The term of softlNare maintenance and support, Schedules Band C hereto, shall be as set forth
in said Schedules provided, however, that the term of the SoftlNare Support and Maintenance
obligations contained in Schedule C shall not commence until expiration of the ninety (90) day
INarranty set forth in Section 6 hereof. Notwithstanding any other provision herein, the City may
terminate all or any portion of this Agreement at any time and for any reason. In such event
Vendor shall be paid for all unpaid services rendered to the date of termination. So long as City
is not then in breach of this Agreement, City shall be authorized to continue to utilize any or all
of the SoftlNare for which license fees have been paid.
2. SERVICES. Vendor shall perform the services and tasks described and
set forth in Exhibit A, allached hereto and incorporated herein as though set forth in full. Vendor
shall complete the tasks according to the schedule of performance which is also set forth in
Exhibit A
3. PERFORMANCE. Vendor shall at all times faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Vendor
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Vendor hereunder in meeting its
obligations under this Agreement.
4. PREVAILING WAGES. If work required to be performed by the Vendor
is subject to prevailing INage laws, then 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 INages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Vendor Agreement from the Director
of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies
may be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy
of prevailing INage rates to any staff or sub-Vendor hired, and shall pay the adopted prevailing
INage 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 Agreement, by him or by any sub
Vendor under him, in violation of the provisions of the Agreement.
www.activecommunities.com
1800661 1196
5. PAYMENT.
a. Subject to the retention amount(s) specified herein, the City agrees to pay Vendor , in
accordance with the payment rates and terms and the schedule of payment as set forth in
Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual time spent on the above tasks. The total
payment for softlNare and installation shall not exceed Sixty Thousand, One Hundred Eighty
Three Dollars and Fifty Cents, ($60,183.50), for the total term of the Agreement unless
additional payment is approved as provided in this Agreement. Notwithstanding any other
provision of this Agreement, final payment, as specified in Exhibit "B" hereto, shall not occur
unless and until Vendor has cured any and all errors and/or malfunctions in the licensed
SoftlNare that materially and adversely affect functionality, or substantially interfere with or
prevent City's full and complete use of the SoftlNare as an integrated system.
b. Vendor 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 Vendor's fees it
shall give wrillen notice to Vendor within 15 days of receipt of a invoice of any disputed fees set
forth on the invoice. Any undisputed payment not paid to Vendor within the above-described
30-days period will accrue interest in an amount equal to one-and-a-half percent (1.5%) per
month, compounded monthly, on the outstanding balance from the billing date.
6. WARRANTY.
Subject to the requirements and limitations in this section, ,Vendor INarrants
that the SoftlNare will conform to the functional specifications set out in the Scope of Work,
Exhibit A, the user documentation accompanying the SoftlNare, and Vendor's proposal for the
product for ninety (90) days from Initial Installation. Vendor's sole obligation and liability
hereunder with respect to any failure to so perform will be to use reasonable efforts to remedy
any non-conformity, which is reported to Vendor in writing by City within that INarranty period. In
the event Vendor is unable to remedy such non-conformity within a reasonable time using
reasonable efforts, Vendor shall refund to City all paid license fees pertaining to the SoftlNare
and this Agreement will be automatically terminated.
Disclaimer. Except as otherwise expressly stated in this section 6, all softlNare, materials and
deliverables provided by vendor hereunder are provided "as is" and city's use thereof is at its
own risk. To the maximum extent permitted by applicable law, vendor does not make, and
hereby disclaims, any and all other INarranties or conditions, express, implied, statutory or
otherwise, including, without limitation, any and all implied INarranties of fitness for a particular
purpose, merchantability, title and non-infringement and any INarranties arising from a course of
dealing, usage or trade practice. Vendor makes no INarranty that any vendor provided softlNare,
materials or deliverables will meet city's specific requirements other than as expressly provided
herein, that use of vendor's softlNare will be uninterrupted, timely, secure, or error free; nor does
vendor make any INarranty as to the results that may be obtained from the use of the softlNare
or as to the accuracy or reliability of any information obtained through the softlNare to the
maximum extent permilled by applicable law.
7. DEFAULT OF VENDOR.
a. The Vendor's failure to comply with the material provIsions of this
Agreement shall constitute a default. If such material failure by the Vendor to make progress in
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the performance of work hereunder arises out of causes beyond the Vendor's control, and
without fault or negligence of the Vendor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Vendor is in
default in the performance of any of the material terms or material conditions of this Agreement,
it shall serve the Vendor with wrillen notice of the default and provide with, reasonable
specificity, a description of the basis for the claimed default. The Vendor shall have sixty (60)
days after service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Vendor fails to cure its default within such period of time, the
City shall have the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
c. Upon execution of a three-party escrow agreement between the Vendor,
the City and an escrow provider to be mutually agreed upon by the Vendor and the City, the
Vendor will put the source code in a "source code escrow" at the City's expense. The Vendor
shall regularly update the source code as new versions (not minor updates and patches) are
released. The escrow shall provide that the City shall be entitled to the source code if the
Vendor files for bankruptcy, or is acquired and/or otherwise discontinues licensing, supporting or
maintaining the SoftlNare or any derivation, modification or portion thereof.
8. OWNERSHIP OF DOCUMENTS.
a. Vendor 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. Vendor shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Vendor shall provide free access to the representatives of City
or its designees at reasonable times, not to exceed two (2) times in any calendar year, to
inspect 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. Except as otherwise provided herein, upon completion of, or in the event
of termination or suspension of this Agreement, without fault of City, and upon payment by City
to Vendor of all accrued fees, all original documents, designs, drawings, maps, models, work,
surveys, notes, and other documents prepared exclusively and specifically for the City, 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 Vendor.
c. Nothing in this Section is intended by the parties or will be construed to
convey ownership of copyrighted or copyrightable works, including proprietary softlNare, owned
or controlled by Vendor prior to the effective date of this Agreement ("Pre-Existing Works"),
works created after the effective date of this Agreement for customers other than the City, or
works created for the City which are derivative of Vendor's Pre-Existing Works or are intended
to be available to other clients of Vendor.
9. INDEMNIFICATION. The Vendor agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against
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any and all claims, demands, losses, defense costs or expenses, including reasonable allorney
fees alNarded, 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
any person, or damage to property, arising out of Vendor's, Vendor's employee's, contractor's
and/or agent's negligence or intentional misconduct or non-performance of this Agreement,
excepting only claims and liabilities arising out of the active negligence of the City. Vendor's
liability for claims pursuant to this Section shall not be limited by any other provision of this
Agreement or any Schedule, Exhibit or attachment hereto.
Vendor's obligation to defend and indemnify the City as to claims of infringement
of any proprietary and/or intellectual property rights, as set forth in Schedule A, shall apply to
any and all softlNare provided by Vendor pursuant to this Agreement.
The City agrees to defend, indemnify, protect and hold harmless the Vendor, its
officers, officials, employees and volunteers from and against any and all claims, demands,
losses, defense costs or expenses, including allorney fees and expert witness fees, or liability of
any kind or nature which the Vendor, its officers, agents and employees may sustain or incur or
which may be imposed upon them for injury to or death of any person, or damage to property
arising out of City's negligence or intentional misconduct or non-performance of this Agreement,
excepting only claims and liabilities arising out of the active negligence of the Vendor. City's
liability for third party claims pursuant to this Section shall not be limited by any other provision
of this Agreement or attachment hereto
The party charged with any indemnification obligation expressly authorized herein ("Indemnitor")
shall be entitled to the sole and exclusive defense and/or settlement of the indemnified claim
("Indemnity Claim"). The indemnified party ("Indemnitee") shall be entitled to participate in the
defense and/or selllement of the Indemnity Claim with legal counsel of its choosing at the
Indemnitee's sole expense. The Indemnitee shall provide reasonable cooperation in the
defense and/or settlement of any Indemnity Claim. The Indemnitor shall not enter into a
consent judgment or selllement that imposes liability upon or creates an obligation for the
Indemnitee not contained in this Agreement without the prior consent of the Indemnitee, not to
be unreasonably withheld.
DESPITE ANY OTHER PROVISION OF THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION ANY AND At. EXHIBITS, SCHEDUL ES, AND AMENDMENTS:
In no event whatsoever will Vendor be liable to the City or to any other party for indirect
damages or losses (in contract or tort), including, but not limited to, damages for lost
profits, lost savings, or incidental, consequential or special damages.
The aggregate liability of Vendor for all damages and liability incurred by the City in connection
with the products and services provided hereunder will be limited to an amount equal to the
amount paid to Vendor hereunder for such products and services. The foregoing limitations on
Vendor's aggregate liability for damages shall not apply with respect to (i) claims, damages or
liability arising out of Vendor's gross negligence or willful misconduct, or (ii) claims, damages
or liability arising out of or injuries to third parties (including death) caused by or attributable to
acts or omissions of Vendor or any of its employees, authorized contractors or authorized agents,
10. INSURANCE REQUIREMENTS. Vendor shall procure and maintain for
the duration of the Agreement, including the term of any maintenance and support obligations
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pursuant to Schedules Band C, 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 Vendor, its agents, representatives, employees, and subcontractors.
a. Minimum Scope 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 Vendor 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 Vendor has no employees while performing
under this Agreement, worker's compensation insurance is not required, but Vendor shall
execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Vendor shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply separately
to this project/location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
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 Vendor 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 Vendor; products and completed operations of the Vendor; premises owned, occupied or
used by the Vendor; or automobiles owned, leased, hired or borrowed by the Vendor. 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 Vendor'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 Vendor's insurance and shall not contribute with
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it. The amount of coverage provided in this section shall not be limited by any indemnity in this
Agreement.
(3) Any failure to comply with reporting or other provIsions of the
policies including breaches of INarranties shall not affect coverage provided to the City, its
officers, officials, employees or volunteers.
(4) The Vendor'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 wrillen notice by certified mail, return
receipt requested, has been given to the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current AM. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraqe. Vendor 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 Vendor'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. Vendor is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Vendor
shall at all times be under Vendor's exclusive direction and control. Neither City nor any of its
officers, employees, agents, or volunteers shall have control over the conduct of Vendor or any
of Vendor's officers, employees, or agents except as set forth in this Agreement. Vendor shall
not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Vendor 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 Vendor in connection with the
performance of this Agreement. Except for the fees paid to Vendor as provided in the
Agreement, City shall not pay salaries, INages, or other compensation to Vendor for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Vendor for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Vendor 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 INaY affect the performance of its service pursuant to this Agreement.
The Vendor 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 Vendor to comply with this section.
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13. RELEASE OF INFORMATION.
a. All information gained by either party in performance of this Agreement
shall be considered confidential and shall not be released by such party without the other party's
prior wrillen authorization, except as otherwise provided by law. Vendor, its officers,
employees, agents or subcontractors , shall not without wrillen authorization from the City
Manager or unless requested by the City Attorney, voluntarily provide declarations, lellers 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
Vendor gives City notice of such court order or subpoena.
b. Vendor shall promptly notify City should Vendor, 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 Vendor and/or be present at any deposition,
hearing or similar proceeding. Vendor agrees to cooperate fully with City and to provide City
with the opportunity to review any response to discovery requests provided by Vendor.
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
Allention: City Manager
To Vendor:
The Active Network Inc.
160 - 6400 Roberts St.
Burnaby, BC V5G 4C9
15. ASSIGNMENT. The Vendor shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior wrillen consent of
the City, such consent not to be unreasonably denied by the City based upon the assignee's
ability to perform the tasks required by this agreement. Unless specifically amended, modified,
or supplemented by this document, all terms and conditions of prior wrillen agreements
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between the parties shall remain unchanged and in full force and effect. Notwithstanding,
Vendor may assign its interests in this Agreement for purposes of financing or to a successor
entity upon transfer of all or a controlling portion of the ownership equity of Vendor.
16. LICENSES. At all times during the term of this Agreement, Vendor 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 Vendor understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court
with geographic jurisdiction over the City of Temecula.
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 Vendor, or Vendor's subcontractors for this project, during his/her tenure or for one
year thereafter. The Vendor hereby INarrants 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 Vendor or Vendor's
subcontractors on this project. Vendor 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. DOCUMENTS COMPRISING THIS AGREEMENT. The parties agree
that this Agreement consists of this document entitled "SoftlNare Installation, Licensing and
Maintenance Agreement", Exhibits A and B, and Schedules A, Band C, and D, all of which are
hereby incorporated by reference as part of this Agreement. Both parties understand and agree
that although some or all of said attachments may each be designated or entitled "agreement",
they need not be signed and are attached solely for the convenience of the parties and
are not intended to constitute any form of separate agreement. It is further agreed,
however, that said attachments do contain additional terms specific to the general substance of
the allachment (e.g., softlNare licensing, maintenance, etc.), and shall supplement, where the
context permits, provisions of this Agreement. In all cases, the provisions of this Agreement
shall govern over any inconsistent provisions contained in any Exhibit or Attachment.
This Agreement, as defined above, constitutes the entire agreement between the parties with
respect to the subject mailer expressly stated herein, and supersedes all prior and
contemporaneous agreements, whether written or oral. No representation or promise, whether
express or implied, verbal or wrillen, that is not set forth herein shall be binding or of any force
or effect.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Vendor INarrants and represents that he or she has the
authority to execute this Agreement on behalf of the Vendor and has the authority to bind
Vendor to the performance of its obligations hereunder.
21. ATTORNEYS FEES. The prevailinq partv in anv action for breach of
this Aqreement. or to enforce anv provision hereof. shall be entitled to recover its
reasonable attornevs' fee. experts' costs. and all other costs of suit.
22. LIMITATION OF LIABILITY. The Active Network's aggregate liability
arising from or relating to City's use of the SoftlNare or documentation, regardless of the source
or the form of action or claim is limited to the amount paid by the Licensee for the SoftlNare. The
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Active Network shall not, in any case, be liable for any consequential, incidental, special,
indirect or punitive damages in any form or from any cause, including, but not limited to, loss of
revenue, profits, data, costs incurred in recovering data, claims by third parties, security of data
or other costs resulting from City's use of the SoftlNare.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above wrillen.
CITY OF TEMECULA
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
The Active Network Inc.
160 - 6400 Roberts St.
Burnaby, BC V5G 4C9
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Temecula Scope of Work
EXHIBIT A
Note - the below is only a draft version to be used for high level planning. Until the BPR with
the project planning is done there are many variables that could affect the project delivery.
Phase I - Business Process Review (BPR) and project kick off
Objectives:
o Review existing cash handling processes and determine best practices to deploy
o Initial project plan created
o Initial integration planning
Resources: Active Project Manager, Temecula Project Manager, Temecula Finance and
IT representatives, Temecula cash collection departments representatives (one manager
and one key user from each department that collects monies)
Preparatory work: Active to create and send detailed agenda, Temecula departments to
bundle package of current documentation (reconciliation reporting used, deposit forms,
copies of invoices taken, interdepartmental documentation) that relates to taking and
reconciliation of monies.
Dates: February 2007
Phase 2 - Integration work
Objectives:
o To determine best method of connectivity to Phase I application
o To create integration documents for each application that species how and what
data is to be transferred. Plus to determine deliverables by each party.
o Creation oftest plan
o Set up integration in test system
Resources: Active integration technicians, Vendor representatives, Temecula IT, User
representatives for each department
Preparatory work: Temecula and Active will meet to discuss the data to be transferred
and the preferred methods for each application.
Dates: Start in February 2007. The need for delivery will depend upon Temecula
constraints and the roll out plan
Phase 3 - Set up. Note - this phase will run concurrently with Phase 2.
Objectives:
o To set up all necessary infrastructure. (database, payment server and finance
export)
o To do a base configuration of the application
o To enter the POS items for sale, GL accounts, locations, terminals, users, etc.
This also does initial training for T emecula staff
o To create a copy ofthe database to be used for testing
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Resources: Active integration technicians, Temecula IT, User representatives for each
department
Preparatory work: Temecula staff will fill out and return item and user sheets to be
provided by Active project manager.
Dates: Start in February 2007
Phase 4 ~ City Hall training and go live ~ I Department
This is based upon a plan of going live in phases
Objectives:
o Final audit of data set up in previous phase for this department
o Training of all users for the department
o Training of department supervisors
o Training of finance for audit, financial export, etc
o Training ofIT staff to support infrastructure
o Go live support for the department
o Post mortem of implementation
Resources: Active consultant, Temecula Finance staff, Temecula IT, Users and
supervisors for the department being implemented
Preparatory work: Temecula staff will have installed necessary POS hardware at the
department. Active consultants will have delivered training syllabuses and detailed
agenda
Dates: Week of 26 March 2007
Phase 6 ~ City Hall training and go live ~ Remaining Departments
Objectives:
o Audit of data set up in previous phase for these departments
o Training of all users for the departments
o Training of department supervisors
o Go live support for the department
Resources: Active consultants, Temecula IT, Users and supervisors for the departments
being implemented
Preparatory work: Temecula staff will have installed necessary POS hardware at the
departments. Active consultants will have delivered training syllabuses and detailed
agenda
Dates: TBD
Phase 7 ~ RecWare OnLine Recreation deployment
Objectives:
o Replace ProActive on line registration with RecWare OnLine
o Install RecWare OnLine components on Temecula Servers
o Training of all users for the departments
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o Training of department supervisors
o Go live support for the department
Resources: Active consultants, Temecula IT, Users and supervisors for recreation
Preparatory work: Temecula staff will have installed necessary pas hardware at the
departments. Active consultants will have delivered training syllabuses and detailed
agenda. Temecula will have upgraded the Safari product at all locations.
Dates: Week of 23 April 2007
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Software License Agreement (Schedule A)
This document (the "Agreement"), consisting of:
a. this cover page ("Cover Page"),
b. the attached table oflicensed Software ("Software Table"); and
c. the attached Terms and Conditions of the Software License Agreement ("Terms and Conditions") constitutes the entire
agreement between the lUldersigned customer ("Customer") and The Active Network, Ltd. ("TAN") whereby, and TAN and
the Customer hereby agree that, TAN grants to the Customer the rights and licenses herein described regarding the
installation and use of certain computer software for the prices described in the Software Table, as modified from time to
time according to this Agreement. Any apparent contradiction among this Cover Page, the Software Table and/or the Terms
and Conditions is to be resolved by giving priority to the Terms and Conditions, followed by the Cover Page, and finally the
Software Table.
Payment Terms for Software Licenses
A. All prices are in the currency of the cOlmtry of installation.
B. Sales and any other applicable tax(es), duties or any other charges in the nature oftaxes and duties are not included unless
specifically identified as line items.
C. Prices shown include freight F.O.B. the shipping point.
D. No services (i.e. site preparation such as cabling and provision of electricity) are included in costs described herein.
E. The following installment payment schedule is applicable; figures are percentages of total fees and other charges re: all
Software licensed lUlder this Agreement:
Upon Delivery of Software to City $29,250
Payment for Services And Hardware As Performed $21,496
Software Maintenance (due 90 days from Installation $9,437.50
Date
F. A Project Schedule will be established (see attached Active Project Schedule) through discussions between the Customer
and TAN once this agreement has been signed. The Project Schedule will consist of standalone and separate phases. The
Customer can, at any time, choose not to proceed with a subsequent phase. The Project Schedule will indicate the
acceptance criteria for each phase. Unless indicated otherwise by the Customer, each phase is deemed to be complete unless
TAN is notified by the customer within 15 calendar days after the Phase End Date, as specified in the Project Schedule.
\Vhen deemed complete, the customer acknowledges that all project expectations have been met for the completed phase
and there is no further recourse or liability for TAN.
G. The Customer agrees, subject to any conditions, limitations, or deductions as defined in the Project Schedule, to pay to TAN
for the performance of the work required lUlder the Project Schedule to the satisfaction of the Customer in accordance with
the fee structure as defined in the Software License Agreement and work estimates set forth in the Project Schedule.
H. TAN will invoice the Customer for the arnolUlts contemplated in paragraph E. All invoices are payable within 30 days of
receipt thereof, and such receipt is deemed to occur as though such invoices were notices sent pursuant to section 9.3 of the
Terms and Conditions. Overdue invoices will bear interest at the lesser of 1 % per month, 12.68% per annum or the
maximum rate permitted by law.
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Exhibit B
Rates and Charaes
Software Table: Licensed Active Software Modules
Module (included modules in parenlheses) UnilPrice No. of Copies
Tota/Cost
WORKSTATION-BASED CORE MODULES
1 Reoislralioo" rFlexReo &ProoramMainlenance1 $1750
2 Reservalioos-rQuickRez&FacililvMainlenance1 $1750
3 Membershins - (Membershlo Maintenance1 $1750
4 Pont ci Sale - (Tooch Screen &POS Maintenance1 $2500
5 leaoueSchedulinn $1750
6 Ticketing POS W~lwenlcry - (Al1raclioos) $2,500
7 Gdf- Tee Time Reservatioo $4,500
8 Gdl - Pant ct Sale w/lnventcry - (pant ct Sale for GcHworks181ioos ooly) $5,500
9 Go! ~ Pont ct Sale Beer C8J1- (Pont ct Sale fer mooile Golfwcrks181ions ooly) $5,000
10 Gdl - Tee Time Reservalioos & PiJnl ct Sale w/lnvenlcry $9,000
11. POSPlus $3,500 2 $7000
12 Repmlnquiry $500 1 $500
SERVER-BASED CORE MODULES
EnterpriseLeveI1-includes(Hcrue Page, General Cootent (1 &2),LOjin, Survey, $15,000
Site Map, Calendar & Calendar Event, Link, Categcry, Search, Attachment, wick
13 links,QuickPiJl)
EnterpriseLeveI2-includes(Hcrue Page, GeneralCootent(1 &2),LOjin,Survey, $30,000
Site Map, Calendar & Calendar Event, Lin.~,) Categcry, Search, Attachment, wick
14 links QUlckPdl+ 15Kofaddonmodules
Enterprise Level 3-includes(Hcrue Page, General Cootent (1 &2),LOjin, Survey, $50,000
Site Map, Calendar & Calendar Event, Link, Categcry, Search, Attachment, wick
15 links, Quick PiJl + 35K of add on modules)
WORKSTATION-BASED, ADD ON MODULES
16 Scanning Sl:atioo-(Membership,Childcare, Equipment) $500
17 Wirelessstatioo $100
18 Calendar01line $500
19 Kiosk $1750
20 Tele Lines- (Req & POS Plus- 4 lines minimum) $1750
21. GiJf.Payment over IP credit car processing $1500
22 GiJf-Driver'sLicense Capture $1500
23 Ac1ive Custcruer Respoose user $1000
ERVER-BASED, ADD ON MODULES
24 PavmentServer(Qedit Debit and ElectrooicFundsTransfer) $5000
25 Payment Server Enterprise $5000
26 PavmentServerOoenAPI $5000
27 TeleReq $5000
28 TelePOSPlus $5000
29 AffinitvMarketinq $5000
2!J Custcruer-link- (SIS Inteqratioo Customer Impattcd) $5000
31 Patal-link $5000
32 FinaniA~ink- (Financial Systems Inteqratioo) $2500 1 $2500
"' Bro:::hure-link-(DesktiJ;lPublishinq Inteqratioo) $2500
34 FundRaisina-link-Raiser'sEdqeinteqratioo $5000
35 Liqhtinq-link.(SkvlooixcrMuscointeqratioo) $5000
The Active Netwcrk, Ltd.
Page 15 of 38
""acf:iveNETWORK
X Bank~ink $2500
37 Dalabrcter $5000
X InviJcingsrldReceivables $5000
39 DepartmenlCooneclcr $10000 1 $tOOOo
40 ActivalePOS $10000
41 Gat- Tele-Reg-4Iines $6000
42 Gdf" Membership Dalabase -(GdferDalabasewlf'hcto Imaging) $2,500
43 Gdf" LiJf81ty Rewards $2500
44 Gaf" Online Member billing $2,500
45 Gdf- RemolePalm Sl:ar1erlnlerfaC8 $2500
46 Gdf" Evenl Managemenl $2500
47 Gdf-Accoonling Interface $2500
48 Gdf-Food&Beverage Interface $2500
49 Gdf"PriJi)ertyManagemenllnlerface $2500
50 Gdf- Range Servant Interface $2500
51 Gdf-MulliPrl1lertyManagementlnlerface $1500
52 Active CuslCffler Respoose (Server + 5 coocurrenl seals) $15000
53 BI", $2,500
54 DigilalAssetGallery $2,500
55 EmailUpdales $2,500
56 FAO $2,500
57 Gco;Jle SileMap Integration $2,500
58 PhaoGallery $2,500
59 RSS $2,500
60 ApplicatiooFCffil $5,000
61 CooferenceManagement $5,000
62 EmailBroadcast $5,000
63 Gco;Jle Map $5,000
64 Gco;Jle Mini Page type (not including the server) $5,000
65 Help Desk $5,000
66 Multi Site Map $5,000
67 PeClJleFinder $5,000
68 Pr~ect Team Dashboard $5,000
69 Request fcr proposal $5,000
70 ImpmEngine $20,000
ONLINE (Internet) SERVER-BASED MODULES
71 Reoistratioo O1line $5000 1 $5000
72 Reservatioo O1line - !indudesAvailabilitvJ $5000
73 Membership RenewaJ O1line $5000
74 Leaaue Schedulina Online $5000
75 MultilinaualOnline $5000
76 GIS-link $2500
77 POSPlusOnline $10000
78 Online Client Access- (per 25 Coocurrent Client Access Pack J $12500 1 $12500
79 Online Ticketing $5000
80 Gdf - Tee Time O1line Direct $10,000
81. Gdf-OnlineMemberBilling engine $2000
82 Active CustOOler Respoose Citizen Online $5,000
SDKMODULES
The Active Netwcrk, Ltd.
Page 16 of 38
""acf:iveNETWORK
83 ACM Sa\ (per developer) $5,000
84 ACM SDK (enteqxise) $20.000
,SYSTEM MODULES-COSTS (included in costs of other licensed l1OOdules)
65. ~1~YSlemUtiilie.saSdefinedinsect. ttq) of Terms andCooditions . . .
I CUMULATIVE WORKSTATION-BASED MODULES
86 CustomizedReoorts $250 1 250
67 Multilinooal-FroolDesk $250
SubTotal Cool $20,250
Dscount ($8,500)
TotalCC\St $29,250
Services Table
Pre-AgreedServi::es Rate per Hour NumberofHOllrs Tota/Services
C"',
A. Pre-Project Documentation $150
B. OnsiteDatabase & Soflware Installatkln $150
C. RelTKlteIWeb-basedDatabase & Software Installatkln $100
D. On-Site less than 3davs PLUS A/RFAR
D.i StandardConsultallts $185
D.ii Senior ConsLJlanl I Project Ranner $220 48 $10,560
D.iii TechnicalSoecialist $250
E. On Site 3davs or More PLUSAfRFARFJ
Ei StandardConsultallts $150
Eii SeniorConsLllantlProectRanmr $19Cl 24 M,56Cl
Eiii Technical Specialist $220 48 $10,560
F. e-Consultina mEQUIRES INTERNET ACCESS ON EACH PC)
F.i StandardConsultallts $100
F.ii Senior ConsLJtant I Project Ranner $165 16 $2,640
F.iii TechnicalSoecialist $195
G. WeekendSurcharae*
G.i. StandardConsultallts $75
G.ii SeniorConsLJtant/ProectRanner $75
G.iii Technical Specialist $75
NOTE THAT RATES SHOWN INCLUDEALL TRAVEL EXPENSES OTHER THAN SubTotal 136 $28,320
AIRFARE, WHICH WILL BE CAPPED AT NO MORE THAN $3,OOO.OOAND WILL
ADHERE TO CITY OFTEMECULA TRAVEL REGULATIONS.
Discount ($6,824)
Total $21,496
{The remainder of this page is intentionally BLANK}
The Active Netwcrk, Ltd.
Page 17 of 38
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1. Interpretation
1.1. Dennitions For the purposes of interpreting thiS
Agreement, the fOf/OWing terms wiff have the fof/owing meanings__
a) "Agreemenr means this Software License Agreement.
b) "Client Workstation or Workstation" means a computer
attached to a focal or wide-area network (including an
Intranet), which accesses the Software or Enterprise
Database_
c) "Concurrent Use' means use at the same moment in time
to access a given server computer (of any kind) owned or
controffedbytheCustomeL
d) "Customer" means the legal entity other than TAN entering
thiS Agreement.
e) "TAN" means The Active Network Lid
f) 'Database Server" means the single server computer upon
WhiCh the Enterprise Database is resident.
g) "Enterprise Database' means the MSDE, MS SOL Server
or Grade database fifes contaJrJing customer data (WhiCh is
owned by Customer) and WhiCh is accessed by the
Software.
h) 'initial Installation" means initial instaf/ation of any Module
on any server computer owned or controlled by the
Customer
i) 'internet Cllenr means a remote device capable of using
the Internet and either Internet Explorer 4.0 or higher to
access selected Software on the Internet Server or the
Enterprise Database on the Database Server \I1a the
Internet Server.
j) 'internet Server" means a single server computer used by
the Customer which enables access to the Software by
individuals USing an Intranet or the Internet, haVing a
minimum configuration as set out in hardware specifications
previously described to the Customer as applicable to the
Software to be instaffed and used upon it.
k) 'iVR Server" means a single server computer used by the
Customer for voice-recognition and telephone-based, rather
than computer-based, access to the Enterprise Database
by the Customer's cfientS, haVing a minimum configuration
as set out in hardware specifJ(;ations previously described
to the Customer as appficable to the Software to be
instaf/ed and used upon it.
i) "Module" means a single type of Software referred to in any
partiCular line item, such that each such line item refers to
one, and only one, Mcdule, with respect to WhiCh one or
more licenses mayor may not 00 granted hereby
m) "Core Module" means any item of Software listed, but not
in parentheses, in line items 1 through 12, WhiCh represent
the most commonly licensed modules.
n) "Payment Server" means a single server computer used by
the Customer to process electromc payments from its
clientS, ha\l1ng a minimum configuration as set out in
hardware specifications previously described to the
Customers as applicable to the Software to be instaf/ed and
used upon it.
0) 'Phase' means the software, services,thirdpartypreduc\s,
maintenance, cBliverables, and acce[1ance criteria to be
implemented between the Phase Start Date and the Phase
End Date including the associated costs
The Active Netwcrk, Ltd.
Terms and Conditions
of Software License Agreement
p) 'Phase Start Date' means the date for the start of each
Phase as indicated 00 the Projec\ SchedJle
q) 'Phase End Date' means the date for the end ci each
Phase as indicated 00 the Projec\ SchedJle
r) 'Project Schedule' means the document detailing the
standalone and separate implelTBntatioo phases
establishedthrou!;t1 ciscussions between the CustolTBr and
TAN once this agreement has been signed
s) "Software" means ccmputer cede and ~C'Jrams, in
executable cede form ooly, inclucing related data files,
rules, parameters and documentatioo, which have been
created IT licensed IJf TAN and are identified in the
Software Tal]e as licensed (or sublicensed) to the
Custcmer IJf TAN in connection with this Agreement, and/or
which are in the future provicBd to the Customer IJf TAN
underanycircumstancesunless~ovideduncBraseparate
licensing agreement
t) "Software Table" means the table ci TAN Scitware
Medules licensed hereunder, shown 00 the page ct this
Agreement imlTBdiately following the Cover Page
u) "System Utilities" includes the fOf/OWing__ Accounting
Processes, Central Login, Leg Fife, Copy Database, Edit
Database, MaJntain Database, MSDE Tool, Oracle Setup
Utility, Query Tool, System Maintenance, Upgrade
Database and View Components.
v) "User" means a person who accesses and uses any of the
Software to access, use or affect the Enterprise Database
in any manner whatsoever.
12 KLine Items" - Any reference herein to a "line item" or "fine
items" is a reference to the appropriate line item(s) of the
Software Table.
1.3. Headings - The headings contained in this Agreement are
inserted for comemence and do not form a part of thiS
Agreement and are not intended to interpret, define or limit the
scope, extent or intent of thiS Agreement or any provision hereof.
fA. Active's software products are a collection of independent
software modules and each module is independently functional
on its own. There are no dependencies within the mcdufes of
each product family that inhibit independent operation and
acceptance.
2. GRANT OF LICENSES AND LIMITATIONS THEREON
2.1. TAN hereby grants to the Customer a non-excfusive and
non-transferable right and license, subject to this Agreement, to
instaf/and/orusetheSoftwareasfof/ows__
a) Workstation-Based, Core and Add-on Modules - For
eveiJf Workstation-based Core and Add--on Module licensed
the Customer may inStaf/ and use the module to access the
Enterprise Database on the Database Server provided that
the numoor of COpieS of any particular Workstation-based
Core and Add-on Module in use does not exceed the
number licensed, as OUtlined in the Software Table.
b) Server-based Core and Add On Modules ~ Subject to c),
the Customer may install one copy of each Server-based
Core cr Add On Module licensed on each of as many
Workstatioos as the Customer wishes, and may use and
permit use ci such Modules by its clients, wrthoutlimit asto
the number Users or transactions which simultaneoosly use
any such Module
PaJe 18 of38
""acf:iveNETWORK
c) Exceptions Regarding Unlimited System Feature
(Server Based Licensing)
J) Any Te/eReg Server-based Add On Mcdufe licensed
may 00 illstaffed as to one copy; on one !VR SelVer,
per license acquired, and elf such Modules together
may 00 in Concurrent Use by; at most, the numoor of
fines of the KTe/eReg LilJes" Mcdufe licensed;
Ji) Any Payment Server-based Add On Module licensed
may 00 in Concurrent Use by; at most, the numoor of
fines of the POint of Safe Module, as applicable,
licensed
d) On-line (Internet), Server-based Licenses - Fer f3/ery
On-line (Internet), Server-based ModJle licensed the
Custcmermay
i) install me copy of each such Module per license of
such ModJleon one In1erne1 Server, and
ii) subjeC110 e). perm1 Users 10 access and use such
ModJles 10 access the Database Server via Internet
Clients connecting via a licensed Internet Server,
provicBdthat at anytime, any or all such Modules may
be in Concurrent Use 1Jf, at most, the number of
licenses of the Online Client Access Module licensed
multiplied by twenty-five (25)
e) Cumulative Workstation-based Licenses - For each
Cumulative Workstatioo-based Mowle licensed the
Custcmermay
i) install one copy of such Mowle upon a singe Client
Werkstatioo per license of such Mooule, and
ii) permit Users using such licensedClientWorkstation(s)
tousesuch Mooule(s), !=,"ovidedthat oory the number
of copes d such Mowle licensed may be in
Concurrent Use, and further only one ccpy may be in
Concurrent Use 00 any given licensed Client
Werkstatioo(s)
f) The Customer herelJf acknowledges that the mechanism
utilized by the Software to cootrd the number ci Users or
Online Client Access which can simultaneoosly access and
use Online (Internet) Server-based Mooules licensed is
based uPJn the nurrber of Users who have at any time
logged in to the Custcmer's computer network using their
passwerds, such that any User so logged into that network
in a manner that woold enable the User to access and use
the Mowles listed in those line items will in fact reduce IJf
me the number ci Users al]e to simultaneously access
those Modules, even if such Userisnct in fact accessing or
using any such Mooule. The Customer hereby waives
any claim, and releases TAN from any such claim and
from any losses or damages the Customer suffers in
relation thereto, in conneclionwith the inability of the
number of Users indicated in line item 78 to
simultaneously access the Online (Interne1) Server-based
Modules licensed where such inability isthe result of
Users not actually using the Modules licensed per
those line items absorbing available login access in the
manner described in this provision.
2.2 Adcitiooal Copes - Custcmer will not make any copes ci
the Software, except as necessary fer the installation permitted
hereby and except fer:
The Active Netwcrk, Ltd.
Terms and Conditions
of Software License Agreement
8) COpieS of each Module licensed hereunder for training and
teSting purposes, and
b) me copy ci each Mowle licensed hereunder fer backup
PJrposes,
provicBdthat all electrooic ccpies made include screen cisplays
of TAN's propie1ary or intellectual property notices as recorcBd
on the original ccpy provided IJf TAN, and the Custcmer affixes
a label to each disk, reel or other hoosing for the mecium 00
which each physical ccpy is recorded setting out the same
propie1ary and intellectual property notices as appear on the unit
of Software frcm which the copy is made in the same manner as
those notices appear 00 that original copy
2.3. IncicBntal Installation of System Feature Software - TAN
will not require any payment by the Customer for, and hereby
releases the Customer with respect to any damages or claims to
or by TAN relating to, unlicensed Modules listed in the Scitware
Table under "System Features' the Software for which is
autcmatically installed on any hardware of the Custcmer in the
process of installatioo of any other Mowle(s), provided that the
Customer mall not use, and mall no pel1T1it any ctherpersooto
use, any such Modules
3. CHARGES AND PAYMENTS
3.1. Software License Fees The charges and paj7Tlents
applicable to the instalfation and use of the Software by the
Customer are set out on the Cover Page
32 Taxes and Other Charges ~ The Customer wilf pay alf
shipping & handling costs and alf appficable sales, use,
withholding and eXCise taxes, and any other assessments
ag8Jnst the Customer in the nature of taxes, duties or charges
however designated on the Software or its license or use, on or
resulting from this Agreement, excfusive of taxes based on the
net income of TAN
4. OWNERSHIP OF SOFTWARE
4.1. Warranty of Title TAN warrants that it has alf rights
necessary to make the grant of license herein by having alf right,
title and interest in and to the Software oras licensee ofalfsuch
rights from the owner thereof
42 Retention of Rights by TAN and Customer's Obligations -
AIf proprietary and intelfectual property rights, title and interest
incfuding copyright in and to the original and alf COpieS of the
Software and the documentation or any changes or modifications
made to the Software or related documentation will be and
rem8Jn that of TAN, or its licensor as the case may 00. Without
limiting the foregoing, the Customer will not any time whether
before or after the termination of thiS Agreement__
8) reverse engineer, disassemble or decompile any Software
or prepare derivative works thereof,'
b) copy; transfer, dispfay; or use the Software except as
expressly authorized in this Agreement;
c) disclose, fumish, or make accessible to anyone any
confidential information received from TAN or make any use
thereof other than as expressly permitted under this
Agreement, WhiCh confidential information is deemed to
include the source and executable code of the Software and
alfrefateddocumentation;
d) contest or do or 8Jd others in contesting or dOing anything
WhiCh impairs the validity of any proprietary and intelfectual
PaJe 19 of38
""acf:iveNETWORK
properly rights, title or interest of TAN in and to any
Software; or
e) obliterate, after, or remove any proprietary or inteffectual
property notices from the Software in its physJi;af or
dectronic/arms.
4.3. Inteffectual Property Indemnity by TAN - TAN will defend or
settle any cfwm made or any suit or proceeding brought ag8J!Jst
the Customer insofar as such cfwln, suit or proceeding is based
on an sf/eyerion that any of the Software supplied to the
Customer pursuant to this Agreement infringes the proprietary
and inteffectual property rights of any third party in or to any
invention, patent, copyright or any other rights, provided that the
Customer will notify TAN in wntJng promptly after the cfaim, suit
or proceeding is known to the Customer and wiff give TAN
information and such assistance as is reasonable in the
circumstances. TAN will have sole authority to defend or settle
any such cfaim at TAN's expense. TAN wilf indemnify and hold
the Customer harmless from and agwnst any and af/ such cfwins
and wif/ pay af/ damages and costs finaf/y agreed to be pwd in
settlement of such elwin, suit or proceeding. ThiS indemnity does
not extend to any elwin, suit or proceeding based upon any
infringement or af/eged infringement of copyright by the
combination of the Software with other elements not under TAN's
sofe control nor does it extend to any Software altered by the
Customer either by enhancement or by combination with
product(s) of the Customer's design or formula. The foregoing
states the entire liability of TAN for proprietary and intelfectual
proprietary rights infringement related to the Software. If the
Software in any cfaim, suit or proceeding is held to infringe any
proprietary or intef/ectual property rights of any third party and
the use thereof is enjOined or, in the case of settlement as
referred to above, prohibited, TAN wilf have the option, at its own
expense, to either (i) obtwn for the Customer the right to
continue uSing the infringing item, or (ii) replace the infringing
item or modify it so that it becomes non-infringing, provided that
no such replacement or modification wif/ diininish the
performance of the Software.
5. Cusicmer's use of the Scttware in any manner not
authorized IJf this License cr the Software Installation,
Licensing and Maintenance Agreement to which this
Schedule A is attached ("the Agreement"), shall coostitutea
!:reach of the Agreement and TAN shall have all remedies
therefcr as provided IJf law WARRANTY
5.1 umited Warranty of Scttware - TAN warrants that when
utilized by the Customer in a manner authorized hereunder, the
Software will conform tothe functional specificatioos set out in
the user documentatioo acccmpanying the Software for ninety
(90) days frcm Initial Insiallation TAN's soe obligatioo and
liability hereunder with res[:Bctto any failure to so perform will be
to use reasooable effcrtsto remedy any non-confol1T1ity, which is
repcrted to TAN in writing by Custorrer within that warranty
period In the event TAN is unal]e to remedy such non-
cooformity within a reasooal]e time using reasonal]e effcrts,
TAN may refund to Custcmer the license fee pertaining to the
Software and this Agreement will be automatically terminated All
warranty service will be perfol1T1ed at service locatioos
designated by TAN
The Active Netwcrk, Ltd.
Terms and Conditions
of Software License Agreement
6. EXCLUSION OF WARRANTIES AND LIMITATION OF
LIABILITY
6.1 SPECIFIC EXCLUSION OF OTHER WARRANTIES - THE
WARRANTIES SET OUT IN SECTIONS 41 AND 51 ARE IN
LIEU OF ALL OTHER WARRANTIES, AND THERE ARE NO
OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS,
OR GUARANTEES OF ANY KIND WHATSOEVER
APPLICABLE, EITHER EXPRESS OR IMPLIED BY LAW (IN
CONTRACT OR TORT) OR CUSTOM, INCLUDING, BUT NOT
LIMITED TO THOSE REGARDING MERCHANTABILITY,
FITNESS FOR PURPOSE, DURABILITY, CORRESPONDENCE
TO SAMPLE, , DESIGN, CONDITION, OR QUALITY
WITHOUT LIMITING THE ABOVE, TAN DOES NOT WARRANT
THAT ANY SOFTWARE PROVIDED HEREUNDER WILL MEET
THE REQUIREMENTS OF CUSTOMER OR THAT THE
OPERATION OF SOFTWARE PROVIDED HEREUNDER WILL
BE FREE FROM INTERRUPTION OR ERRORS
6.2. RESTRICTIONS ON WARRANTY TAN HAS NO
OBLIGATION TO REPAIR OR REPLACE SOFTVIIARE
DAMAGED BY ACCIDENT OR OTHER EXTERNAL CAUSE,
OR THROUGH THE FAULT OR NEGLIGENCE OF ANY PARTY
OTHER THAN TAN
6.3. NO INDIRECT DAMAGES - WITHOUT LIMITING THE
GENERALITY OF SECTIONS 6 1 AND 64, IN NO EVENT WILL
TAN BE LIABLE TO THE CUSTOMER OR TO ANY OTHER
PARTY FOR INDIRECT DAMAGES OR LOSSES (IN
CONTRACT OR TORT). INCLUDING BUT NOT LIMITED TO
DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR
INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES
6.4. LIMITS ON L1ABIUTY - IF, FOR ANY REASON, TAN
BECOMES LIABLE TO THE CUSTOMER OR ANY OTHER
PARTY FOR DIRECT OR ANY OTHER DAMAGES FOR ANY
CAUSE VllHATSOEVER, AND REGARDLESS OF THE FORM
OF ACTION (IN CONTRACT OR TORT), THEN
A) THE AGGREGATE LIABILITY OF TAN FOR ALL
DAMAGES AND LIABILITY INCURRED BY CUSTOMER
AND ALL OTHER PARTIES IN CONNECTION WITH THE
SOFTVIIARE IN QUESTION WILL BE LIMITED TO AN
AMOUNT EQUAL TO THE AMOUNT PAID TO TAN FOR
THE LICENSE OF THE MODULE OR MODULES WHICH
GAVE RISE TO THE CLAIM FOR DAMAGES, AND
B) IN ANY CASE THE CUSTOMER MAY NOT BRING OR
INITIATE ANY ACTION OR PROCEEDING AGAINST TAN
ARISING OUT OF THIS AGREEMENT OR RELATING TO
ANY SOFTVIIARE PROVIDED HEREUNDER MORE THAN
TVIIO YEARS AFTER THE RELEVANT CAUSE OF
ACTION HAS ARISEN,
6.5 SEPARATE ENFORCEABILITY SECTIONS 61
THROUGH 64 ARE TO BE CONSTRUED AS SEPARATE
PROVISIONS AND WILL EACH BE INDIVIDUALLY
EN FO RC EAB LE
7. TERMINATION
7.1 Tel1T1inatioo - This Agreement will terminate
a) at the OiJ:ion of either party if the other party materially
defau~s in the perfcrmance cr observance ct any of its
ooligations hereunder and fails to remedfthe default within
30 days after receiving written ndicetherect~and
Pcqe 20 of38
""acf:iveNETWORK
b) without limiting a), a1 the option of TAN if the Custcmer
Ixeachessection 3ctthisAgreement
provicBdlhal1herighloflerminalionwillbeinac)jilionloallolher
rig'11S and remedies availablelo1he parties for breach ordefaull
bythecther.
72 Suspension of Obligations - If either party should default in
the performance or observance of any of its obligations
hereunder, then, in addition to elf other rights and remedies
avaifable to the non-defaulting party, the non-defaulting party
may suspend performance and observance of any or elf its
obligations under thiS Agreement, without liability, until the other
party's default is remedied, but thiS section will not permit the
Customer to suspend its obligation to make payments OWing in
respect of the Software.
73. Return of Software - In the event of termination of this
Agreement for any reason whatsoever, Customer wilf
immediately return to TAN alf physical COpJeS of Software
defivered by TAN to the Customer or otherwise In the Customer's
posseSSJon or control, except as expressly permitted by TAN to
destroy, destroy alf physJi;al copJeS of the Software not returned
to TAN, delete alf electronic COpJeS of the Software from its
systems, and certify In writJng to TAN that such actJons have alf
been completed
8. AUDIT AND MONITORING RIGHTS
8.1 TAN may, uPJn a minimum of 24 hours written r\Otice tothe
Customer, attend uPJn the Customer's premises and verify that
the Software licensed pursuant tothis Agreement is installed and
being used only as permitted hereby Such inspections may
occur a maximum ci twice per calendar year, and will be
performed on~ during the Customer's regular business hems
and conructed in a manner so as minimize to the extent
reasonable any interference with the Custcmer's business
Further, TAN may, using automatic means which do not interfere
with the use of the Software by the Customer or Users other than
asdesc.ribed in this provision, monitor at any time usag= of the
Software by the Custcmer and cr its Users, througl1 mmitoring of
the number of copies ci any particular Mcdule(s) in Concurrent
U~e
9. GENERAL
9.1. Complete Agreement; ModJfJi;atJon- This Agreement
constitutes the complete and exdusive statement of the
agreement between TAN and the Customer relating to the
licensJng of the Software, and supersedes alf oral or written
proposals, prior agreements and other prior communications
between the partJes, concerning the subject matter of thJS
Agreement. This Agreement may not be modified or altered
except by written Jnstrument duly executed by roth parties,
except that TAN may fill future purchase or other orders for
further goods or servJces avaifable under this Agreement, and Jf
TAN does so the provisions of this Agreement WJIf contain the
only commercJal terms applicable to such transaction despite
such purchase or other order stating otherwise.
92 Force Majeure - Dates or tJmeS by which either party is
required to perform under this Agreement, excepting the
payment of any fees or charges due hereunder, wilf 00
postponed automatJcalfy to the extent that any party is prevented
from meeting them by causes (other than Jnability to pay) ooyond
its reasonable control.
The Active Netwcrk, Ltd.
Terms and Conditions
of Software License Agreement
9.3. NotJces - AIf notJces and requests In connectJon with thJS
Agreement WJIf be given to the respective parties in writJng and
wilf be deemed given as of the first business day of the notified
party folfowing the day the notice is faxed or sent wa overnJght
courier, prowding a hard copy acknowledgment of such
successful faxed notice transmJssJon or eVJdence of such
couriering, as applicable, is retained Notice may also 00
deposited In the CanadJan mails (or Jf the Customer JS resJdent
outside Canada and is rendering the notJce, In the maifs of that
country), postage pre-paid, certifJed or registered, return receipt
requested, and addressed to the parties as Jndicated on the face
of this Agreement and receJpt of any such notJce WJIf be deemed
to be effective as of the third busJness day fo/lowing such
deposit.
9.4. Governing Law This Agreement and performance
hereunder WJIf be governed by the laws of the junsdJCtion where
the Database Server JS situated excepting in the case of
LOUisiana when the laws of California WJIf apply, or In the case of
Quebec when the laws of Ontario WJIf apply.
95 Non-Assignability - ThJS Agreement JS not assJgnabfe by the
Customer. AnyassJgnment, purported assJgnment or attempt to
assign by the Customer wilf be a matenal breach of this
Agreement and wilf 00 VOJd
9.6. Survival - Sections 4, 6, 73 and 9 of this Agreement wilf
surwve termJnatJon and expiration of thJS Agreement.
9.7. US Government Restricted Rights - The Scitware and
documentatioo are provided with restricted rights Use,
duplication, or disdosure by the US Government is suqectto
restrictions as set fcrth in sul::paragraph (c) (i)(ii) of The Ri!i1ts
in Technical Data and Ccmputer Software clause at DFARS
252227-700, cr subparagrap'1s (c) {i) and (2) of the
Commercial Com[XIter Software - Restricted Rights at 48 CFR
52227-i9, as ar::plicable The Manufacturer is The Active
Network LId., Suite 300, 6400 Roberts Street, Burnaby, BC,
Canada, V5G4C9.
9.8. Attcrney Fees- In any actioo a suittoenfcrce any right a
remedy under this Agreement cr to interpret any prCNisioo ct this
Agreement, the prevailing party shall be entitled to reCCNer its costs,
incJuding reasooable attcrneys' fees
PaJe 21 of38
"acf:iveNETWORK
General Software Services Agreement (Schedule B)
This document (the "Agreement'), consisting of:
a. this cover page ("Cover Page"),
b. the attached table of Services ("Services Table");
c. the attached Tenns and Conditions of General Sofuvare Services Agreement ("Terms and
Conditions"); and
d. the attached fonn of Certificate ofInsurance ("Certificate of Insurance") constitutes the
agreement between the nndersigned customer ("Customer") and The Active Network, Inc.
("TAN") whereby, TAN and the Customer hereby agree that, TAN vviIl provide to the
Customer the Services described in this Agreement, for prices and at rates as described in the
Services Table as modified pursuant to the Tenns and Conditions. Any apparent contradiction
among this Cover Page, the Terms and Conditions, the Services Table and/or the Certificate
of Insurance is to be resolved by giving priority to the Tenns of Conditions, followed by the
Cover Page, followed by the Services Table, and finally the Certificate of Insurance.
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Page 22 of38
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Terms and Conditions of General Software Services Agreement
1. DEFINITIONS
1.1. Definitions - For the purposes of interpreting this Agreement, the following terms will have the following meanings__
a) "Iniliallnslallalion" means the date upoo whim any olthe Scttware has first been installed 00 any servercCfflpuler owned IX coolrdled
bytheOJstomer
b) "Other Services" means Services ctherthan Pre-Agreed Services acquired bylhe OJslCf1ler underlhis Agreement
c) "Pre-Agreed Services" means Services which are expressly listed inthe ServicesTable as being acquired hereunder by the OJslcrner
d) "Release" means any release, update, patch, set ct revisioos, IT bug/permanent fix cr lempcrary bypass scMioo released by TAN 10 its
cuslCfflers generally during the term ct this Agreement, which provides enhancements and/er errer cmectioos tothe then-current Versioo
er Release, and where a new Versioo has been released and no new Release has been released since the release ct that Versioo, that
Version will also coostitute a Release fer the purpose ct determining whether Sup pm er Maintenance is available with respect to that
Version. New Releases will be dencted by an increase to the versioo numbertothe right ctthe decimal point such as frOOl Release 1.1to
Release 1.2
e) "Services" means any and all types of services which TAN provides, to the CustOOler and/or to cther custOOlers of TAN, in the COJrse of
TAN' business, including but nct limited to services relating to the installatioo, implementatioo, custOOlizatioo, optimization, administratioo,
training and troobleshroing of cOOlputers, computer scttware including the Scttware, ccruputer netwerks, databases, internet-related
equipment and applicatioos, but expressly excludes Suppm and Maintenance as described in TAN's standard Scttware Suppm and
Maintenance Agreement
f) "Software" means cOOlputer code and pro;Jrams, in executable cede form ooly, including related data files, rules, p8Jameters and
documentatioo, which have been created er licensed byTAN and subsequently licensed by TAN to the CustOOler
g) "Version" means a versioo of the Scttware providing a particular functiooality, while a new Versioo of the Scttware will provide
new/additiooal functiooality and/or improvements to a previoos Versioo. New Versioos will be dencted by a change to the versioo number
tothe left of the dedmal piJnt suchasfrOOlVersi0010toVersioo 20
12 Headings - The headings contained in this Agreement are inserted for convenience and do not form a part of this Agreement and are not
intended to interpret, define or iimit the scope, extent or intent of this Agreement or any provision hereof.
2. SERVICES TO BE PROVIDED
2.1 TAN will provide to the CustOOler
a) all Pre-Agreed Services which the CustOOler hereby agrees, pursuanttothe Services Table, to acquire; and
b) all Oher Services which the CustOOler frOOltime to time agrees to acquire, provided that no Services ctherthan Pre-Agreed Services will
be provided by TAN unless TAN has, prior to such Services being rendered, received coofirmatioo from the Customer that the CustOOler
wishes to acquire such Services and will pay fer such Services under the terms ctthisAgreement; and
c) Standardoo-site services days are eight (8) hour days, included as billable time are fifteen (15) minute merning and afternCOl breaks as
well as one (1) hour lunch break, the minimum billable oo-site peried is 8 hoors. Sl:andard e-Consulting (remcte) services are provided in
minimum foor (4)hour increments
d) Weekend surcharges apply to services provided 00 a Seturday, Sunday, and 00 Friday for hoors past the time at which the coosultant
wooldbe reasonably able totravel tothe next destinatioo 00 Friday
3. FEES AND PAYMENT
3.1 Pre-Agreed Services - The CustOOlerwill pay TAN the fees described in the Services Table fer Pre-Agreed Services
3.2 Oher Services - Upoo subsequent agreement frOOltime to time between the Customer and TAN that the CUstOOler will acquire Other
Services, the CUstOOlerwil1 pay for such Other Services at the service rates in effect at the time ctprovisioo of such Other Services, provided
that the service rates shown in the Services Table will be effective fer the 6-mooth period fdlowing effective date ct this Agreement, and
thereafter relevant service rates, if different frOOlthe rates cootained in the Services Table, will be provided to the OJstOOler prior to such Oher
Services being rendered
3.3. Ca1sulting and training Services include up to five (5) partidpants per class. Additiooal participants, to a m8Ximum ct ten (10) per class
can be acccrumedated at anadditiooal cost ct$100 per hoor per participant
3.4. Travel Expenses ~ Costs and rates as described in this Agreement include all TAN persooneltravel expenses dher than airfare. The
CustOOler will pay all airfare relating to travel ct TAN persoonel relating to Services provided at the CustOOlers locatioo, which airfare will
unless urgency 00 the part ctthe custOOler requires ctherwise, beat "coac h"rates
3.5. Shipping and Handling - The CustOOler will pay all shipping & handling charges, applicable sales, use, withholding and excise t8Xes, and
any cther assessments in the nature oft8Xes, duties er charges however designated 00 the Services rendered under this Agreement, exclusive
cttaxes based oothe net incOOleofTAN
3.6. Applicable Currency - Unless specifically stated ctherwise, all prices and amoonts are in the currency ct the coontry in which the Software
is installed
37 Invoices (Delivery, Payability and Interest) - TAN will provide invoices to the Customer fer all amoonts owing by CUstOOler hereunder,
such invaces to be provided after provisioo of the Services to which they relate, and subsequently due within 30 days after receipt by the
CustOOler. Overdue inviJces shall bear interest at1 %permooth, 12.68% per annum
4. ACCESS TO SYSTEM AND OTHER CUSTOMER OBLIGATIONS
4.1 Unless CustOOlerwill incur mere than minimal expense, CustOOlerwil1 provide, at no costtoTAN
a) sufficient space to allow TAN persoonel 00 the CustOOler's site to perferm the oo-site Services acquired hereunder;
b) ctfice supplies and services such as phctl))Jpying, facsimile and telephone access;
wwwMcnvRcnmmlJnitiRscnm 1 Rnnfifil1l%
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c) wilhoollimiling a), educalioo and training facilities adequate 10 the training services acquired hereunder, induding classrCO'll space,
nelwcrked pes (minimum one (1) PC fer every two (2) training participants), nelwcrked printing capability, CCfflpuler dispI8y!pr~ectioo
facilities,andfiipchar1awhitebo8Jd,plusmarkersandctherancillarysupplies;
d) subjecl101he security requiremenlsoflhe Custcruer, 24 hooraccesslo1he OJslcruer's system via either an always-availabletelephooe
circuit IT an always8vailable internet cooneclioo 10 enable TAN crits designated represen181ive10 perfcrm any ctthe ooligalioos placed
upooTAN bylhisAgreemen1.,and
e) subjecl10 the security requirements ct the OJslcruer, remcte dial up~nlernel access methoos approved by TAN to allow TAN to remctely
diagnose and ccnec\ errersin the Sofware and provide ctherServices
4.2 Withootlimiting the Custcmer's ooligatioos, Customer will
a) use its best efforts to upgrade to any new Release erVersioo of the Scttware that is designated fer general distributioo, as SCOl as
possible after becoming awarec(itsavailability;
b) ensure that at all times at least ooe current staff persoo ct the CUstcmer, who is the Customer cootact person named 00 the Cover Page
andperc),hasbeenfullytrained ootheScttware;
c) designate by written notice a single site and single persoo asthe pont ct cootact fer telephone ercthercootact, which site and/erperson
the Customer may change upoo 14 days priernctice; and
d) provide particulars ct the Custcmer's system coofiguratioo in sufficient detail to allow TAN to effectively provide Serviceshereunder
5. REPRESENTATIONS AND WARRANTIES
5.1 Insurance - TAN represents and warrants that it doos and will at all times during the term ct this Agreement maintain general liability
insurance as described in the Certificate ctlnsurance
5.2. Limited Warranty ct Services - TAN warrants that all services provided hereunder will be perfermed in full coofermity with the Agreement,
with the skill and care which woold be exercised by those who perferm similar services at the time the services are performed, and in
accerdance with accepted industry practice Inthe event ct a breach ctthe express warranties contained herein and/er in the event ofnoo-
performance and/orfailure ct TAN to perferm the services in accerdance with the Agreement, TAN will, at no cost to Customer, re-perferm er
perform the services sothatthe services cooferm to the warranties
6. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
6.1 SPECIFIC EXCLUSION OF 0111ER WARRANTIES -111E WARRANTIES SET ooT IN SECTION 5.1 AND 5.2 ARE IN LIEU Cf ALL
0111ER WARRANTIES, AND 111ERE ARE NO 0111ER WARRANTIES, REPRESENTATIONS, CONDrTlONS, OR GUARANTEES OR ANY
KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED BY LAW (IN CONTRACT OR TORT) OR CUSTOM, NCLUDING, EUT NOT LIMITED
TO 1110SE REGARDING MERG1ANTABILITY, FrTNESS FOR PURPOSE, CORRESPONDENCE TO SAMFlE, , CESIGN, CONDrTlON, OR
QUALm', IN EFFECT REGARDING 111E SERVICES
6.2. NO INDIRECT DAMAGES - IN NO EVENT WILL TAN BE LIABLE TO CUSTOMER OR TO ANY 0111ER PARTY FOR INDIRECT
DAMAGES OR LOSSES (IN CONTRACT OR TORT) IN CONNECTIOO WITH 111IS AGREEMENT, INCLUDING BUT NOT LIMITED TO
DAMAGES FOR LOST PROFITS, lOST SAVINGS, OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES
6.3. LIMrTS ON LIABILm' - CESPITE ANY 0111ER PROVISIOO Cf THIS AGREEMENT, IF FOR ANY REASON, TAN BECO'v1ES LIABLE
TO OJSTOMER OR ANY 0111ER PARTY FOR DIRECT OR ANY 0111ER DAMAGES FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS Cf THE FORM Cf ACTION (IN COOTRACT OR TORT), 111EN
A) THE AGGREGATE LIABILITY Cf TAN FOR ALL DAMAGES, INJURY, AND LIABILITY INOJRRED BY OJSTOMER AND ALL 0111ER
PARTIES IN COONECTIOO WITH THIS AGREEMENT WILL BE LIMITED TO AN AMOUNT EQUAL TO THE G1ARGES PAID TO TAN
FOR THE SERVICES WHIG1 GAVE RISE TO THE CLAIM FOR DAMAGES; AND
B) OJSTO'v1ER MAY NOT BRING OR INrTlATE ANY ACT OR PROCEEDING AGAINST TAN ARISING ooT Cf THIS AGREEMENT OR
RELATING TO SERVICES MORE 111AN TWO YEARS AFTER THE CAUSE OF ACTIOO HAS ARISEN,
6.4 SEPARATE ENFORCEABIUry - SECTIONS 6.1, 6.2 AND 6.3 ARE TO BE COOSTRUED AS SEPARATE PROVISIONS AND WILL
EAG1 BE INDIVIDUALLY ENFORCEABLE
7. TERM
7.1 Term - The term of this Agreement will ccmmence on the date of its executioo and, subjecttoterminatioo as provided herein, will cootinue
indefinitely
8. TERMINATION
8.1 Terminatioo - This Agreement will terminate
a) at the IJ;)tioo of either party if the other party materially defaults in the perfermance erooservance ct any ct its ooligatiooshereunderand
fails to remedy the default within 30 days after receiving written nctice therect frcmthe noo-defaulting party;
b) at the IJ;)tioo ct either party if the other party beccmes insctvent erbankrupt er makes an assignment fer the benefit ct crediters, erif a
receiver a trustee in bankruptcy is apponted fer the ctherparty, er if any proceeding in bankruptcy, receivership, or liquidatioo is
instituted against the cther party and is nct dismissed within 30 days fctlowing commencement thereof;
c) at TAN' IJ;)tioo upoo the expiry ct sixty (60) days fctlowing issuance by TAN ct an invoce to the CUstcmer for fees payable under this
Agreement and such invoce remaining unpaid, provided that TAN has prier to terminating under this provision provided the Custcmer
with at least ten (10) days' prier written nctice ct such noo-payment, which minimum 1O-day perioo may expire befere, simultaneously
with, er after the sixty day perioo (Customer shall indemnify and reimburse TAN fer any atterneys fees incurred by TAN in coonectioo with
cctlectioo ct mooeys from Custcmer due to rt noopaymentL er
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Page 24 of 38
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d) a1 either party's option if the cther party assigns IX attempts 10 assign this Agreement cther than 8S expressly permitted by this
Agreement; provided lhal1hese rights oflerminalioo will be in addilioo 10 all ctherrighls and remedies available lothe parties for any
breach cr defaull hereunder
e) 8S otherwise provided in the Sc(lware Inslallalioo, Licensing and Maintenance Agreemenl10which this Schedule is attached
8.2 Suspension ct ctJligalioos- ~ either party shedd default in the perfcrmance crooservance ct any ails ooligalionshereurlder, then, in
addilioo 10 all other rights and remedies available 10 the noo-defaulling party, the noo-defaulling party may suspend perfcrmance and
observance of any crall ilsobligalioosunderlhisAgreemenl, withootliability, until the cther party's default is remedied, but this Sectioo will nct
permit the OJstcruerto suspend its ooligatioo to make payments owing in respect ct Suppcrt and ctherScttware Services
9. GENERAL
9.1 Ccfnplete Agreement; Amendments - This Agreement, as mooified and affected by TAN's standard Scttware license fees and the terms
ct any agreement between TAN and the Custcruer relating to licensing ct Scttware (as iJi)posed tothe mere prOllision ct Scttware, to which this
Agreement relates in respect ct Releases and Versioos), is the complete and exclusive statement of the Agreement between the parties with
respecttothe subject matterCOltained herein and supersedes and merges all prierrepresentatioos, priJi)osals, understandings and all cther
agreements, eral er written, express er implied, between the parties relating to the matters cootained herein. This Agreement may nct be
mooified or altered except by written instrument duly executed by bcth parties, except that TAN may fill future purchase er cther crders fer
further goods or services available under this Agreement, and if TAN does sothe prOllisioos ctthis Agreement will cootain the ooly ccrumercial
terms applicable to such transactioo despite such purchase er other erd erstatingctherwise
9.2. Fcrce Majeure - Dates er times by which either party is required to perfcrrn under this Agreement excepting the payment ct any fees er
charges due hereunder will be postpooed autcruaticallyto the extent that any party is prevented frcru meeting them by causes beyond its
reasooablecontrd
9.3. Nctices - All nctices and requests in COInectioo with this Agreement will be given to the respective parties in writing and will be deemed
given as of the first business day of the nctified partyfdlowing the day the nctice is f8Xed or sent via OIIernight coorier, providing a hard ClJi)y
acknowledgrnent ct such successful f8Xed nctice transmissioo er evidence ct such cooriering, as applicable, is retained Nctice may also be
deposited in the Canadian mails (er if the Custcruer is resident ootside Canada and is rendering the notice, in the mails ct that coontry),
postage pre-paid, certified erregistered, retum receipt requested,and addressed tothe parties as indicated on the face ct this Agreement and
receipt ct any such nctice will be deemedto be effective as ctthe third business day fdlowing such deposit
9.4. GOIIerning Law - This Agreement and perfermance hereunder will be governed by the laws applicable in the jurisdictioo where the
Scttware is installed, excepting in the case ct Looisiana when the laws ct Califomia will apply, er in the case ct OJebec when the laws ct
Ontario, Canada will apply
9.5. Noo-Assignability - This Agreement is nct assignable by the Customer, and any assignment, purpooed assignment or attempt to assign
by the Custcruer will be a material breach of this Agreement and will further be void. TAN may assign its ooligatioos under this Agreement to
TAN's system integraters cr resellers er upoo a merger or substantial sale ctTAN's assets
9.6. Survival-Sectioos6and9willsurviveterminatiooand expiratioo ctthisAgreement
Atterney Fees - In any actioo cr suit to enfcrce any right er remedy under this Agreement or to interpret any provisioo ct this Agreement, the
prevailing party shall be entitled to recOller its costs, including rea sooableatterneys'fees
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Software Support and Maintenance Agreement (Schedule C)
This docmnent (the "Agreement"), consisting of:
a. the cover pages (collectively, "Cover Page"),
b. the attached table of supported Software ("Software Table");
c. the attached description oflevels of annual support and maintenance ("Levels Description");
d. the attached Tenus and Conditions of Active Support and Maintenance ("Terms and Conditions"); and
c. the attached certificate of insurance ("Certificate of Insurance") constitutes the agreement between the nndersigned
customer ("Customer") and The Active Network, Ltd. ("TAN") whereby, and TAN and the Customer hereby agree that, the
Customer will acquire, and TAN will provide, the software support and maintenance products and services described in this
Agreement for the prices shown in the table below. Any apparent contradiction among this Cover Page, the Software Table,
the Levels Description, and/or the Terms and Conditions is to be resolved by giving priority to the Terms and Conditions,
followed by the Cover Page, Software Table and Levels Description in that order.
Cost
Product or Service Description
1. Supp?!!....~d ~~~~Il.ance - Basic $9,437.~0
~ ~upport an~M~ntenanc~ -Premilllll~.._.._ (rum, dd, yyyy)
_RE:}_orJ: Preferred Renewal Date.(Optional}.:
$9,437.50
Total
Cost
Payment Terms for Support and Maintenance
1. A Project Schedule will be established (see attached Active Project Schedule) through discussions between the Customer
and TAN once this agreement has been signed. The Project Schedule will consist of standalone and separate phases. The
Customer can, at anytime, choose not to proceed with a subsequent phase. The Project Schedule will indicate the
acceptance criteria for each phase. Unless indicated otherwise by the Customer, each phase is deemed to be complete unless
TAN is notified by the customer within 15 calendar days after the Phase End Date, as specified in the Project Schedule.
When deemed complete, the customer acknowledges that all project expectations have been met for the completed phase
and there is no further recourse or liability for TAN.
2. The cost for the Support and Maintenance services is payable annually in advance and is due in its entirety for the completed
Phase on the Support Start Date, unless the Customer has specified a Preferred Renewal Date in the appropriate space in the
table above in which case only the cost of Support and Maintenance prorated from the Support Start Date to the Preferred
Renewal Date is payable on the Support Start Date. Thereafter, the Support and Maintenance fee is payable in advance on
every annual anniversmy of the Support Start Date or, if there is a Preferred Renewal Date, every anniversmy of the
Preferred Renewal Date (the applicable anniversary being the "Support Renewal Date"). TAN will provide invoices to the
Customer for all such amonnts, such invoices due on the later of (a) the Support Start Date or applicable Support Renewal
Date, as applicable, and (b) 30 days after receipt of the invoice. Overdue invoices shall bear interest at 1 % per month,
12.68% per annmn
3. The annual cost of Support and Maintenance hereunder is 25% of the license fee which would be applicable if the Software
with respect to which Support and Maintenance are provided hereunder were licensed anew by the Customer at TAN's
standard license rates as they exist on the effective date hereof or the Support Renewal Date, as applicable, provided that,
excluding increases due to Support and Maintenance of additional Software from one contractual year to the next, any
increase in costs hereunder from one contractual year to the next may not exceed ten (10) percent of the Support and
Maintenance fees payable for the year just ending upon that Support Renewal Date.
4. The Customer will pay all shipping & handling charges, applicable sales, use, withholding and excise taxes, and any other
assessments in the nature of taxes, duties or charges however designated on the services rendered nnder this Agreement,
exclusive of taxes based on the net income of TAN.
5. All prices are in the clUTency of the conntryin which the Software is installed.
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Software Table: Licensed Active Software Modules
Module(included modules in parentheses) Innial No. of Copies
Software of Module Tota/Module
Licensing SUp(Xlrtedf Support/
Coot Maintained Maintenance
Cost
WORKSTATION-BASED CORE MODULES
, Reaislralioo" (FlexRea &ProaramMainlenance) $1,750
" Reservalioos-(QuickRez&FacililvMainlen8rtceJ $1,750
'" Membershios - (Membershio Maintenance) $1,750
" PcintctSale-(Tooch Screert &POS Mainlenance) $2,500
, LeaoueSchedulina $1,750
" Ticketing POS w~nvenlcry- (Al1raclioos) $2,500
'" Gdf- Tee Time Reservalioo .$4,500
vIIi Gdl" Pont cr Sale w/lnvenlcry - (pant ct Sale for GcHworkslalioos ooly) $5,500
" Gat" Pont ct Sale Beer Cart- (Pont ct Sale fer mooile Golfwcrks181ions ooly) $5,000
, Gdl - Tee Timp Reservalioos & PiJnl ct Sale w/lnvenlcry $9,000
" POSPlus $3,500 2 $1.750
'" Repatlnquiry $500 I $125
SERVER-BASED CORE MODULES
Enterprise Level 1 -includes (11ome Page, General Cootent(1 &2),Lo!}n, Survey, Site Map, $t5.oo0
Calendar&CalendarEvent,Link,Category,Search,Al1achment,OJicklllks,OJickPolI)
XIII
Enterp-ise Level 2-includes (11ome Page, General Content (1 &2), Lo!}n, Survey, Site Map, $30.000
Calendar&CalendarEvent,Link,Category,Search,Al1achment,OJicklinks,OJick Poll +
m 15K of add on modules)
Enterprise Level 3-includes (11ome Page, General Cootent(1 &2),Lo!}n, Survey, Site Map, $50.000
Calendar&CalendarEvent,Link,Category,Search,Al1achment,OJicklinks,OJick Poll +
" 35K of add on modules)
WORKSTATION-BASED, ADD ON MODULES
'" ScannllgStatioo -(Membership,Childcare, Equipment) $500
XVII Wrelessstation $100
XVIII Calendar Oilline $500
m Kiosk $1,750
" Tele Lines-IReo & POSPlus-4 linesminimumJ $1,750
'" Golf. Payment over IP credit car proces.sing $1500
XXII Golf-D-iver's License Capture $1,500
XXIII Active CustOOler Aespoose user $1,000
ERVER.BASED, ADD ON MODULES
XXIV Pavment Server (Credit DetitandElectroorFundsTranderJ $5000
'" Payment Server Enterprise $5,000
'''' Pavment Server ();-,en API $5000
XXVII TeleRea $5,000
XXVIII TelePOSPlus $5,000
XXIX AffinitvMarketinn $5,000
,n CustOOler-ink-rSISlntecratkln,CustOOlerlmDorttoc)J $5000
,n, Portal-link $5,000
XXXII Finance-link-(FinanciaISstemslnterratklnJ $2500 I $625
XXXIII Brochure-link-(Desl1ooPubli.sllll Inteoratioo) $2,500
XXXIV FundRaisin-link-(Raiser'sErlr1einteevatioo $5000
,n, Lklhtina-lllk.rSkvloot>;orMuscointecratiooJ $5,000
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XXXVI Bank-link $2500
XXXVII Databroker $5,000
XXXVIII Invcjcing and Receivable.s $5000
XXXIX DepartmentConnoctor $10.000 1 $2500
" ActivalePOS $10000
xli. Golf-Tele-Reg-4111e.3 $6,000
xlii Golf-MemoorshipDatabase (GolferDatabasewf'hotolmagllg) $2,500
xlii Golf. Loyalty Rewards $2,500
xlrv Golf-OilineMemwbi!ing $2,500
,', Golf-RemolePalmStarterlntertace $2,500
xlvi Golf Event Management $2,500
xlvii Golf Accoontinglntertace $2,500
xlviii Golf Food&Beveragelntertace $2,500
xlvix Golf PrrypertyManagementlnterface $2,500
, Golf Range Servant Intertace $2,500
, Golf Multi Property Management Intertace $1,500
" Active Customer Re.sponse (Server + S concurrent seats) $t5.oo0
'" B'" $2,500
" Di!}lalAssetGallery $2,500
, EmailUpjate.s $2,500
" FAO $2,500
VII. GOcge Site Map Integratioo $2,500
VIII Photo Gallery $2,500
'" RSS $2,500
, AppicationForm $5,000
" Conference Management $5,000
'" EmailBroadca:j $5,000
XIII GOcgeMap $5,000
"" GOcgeMiniPagetype(notinciJdingtheserver) $5,000
'" Help Desk $5,000
'''' MuliSiteMap $5,000
XVII PeopeFinder $5,000
XVIII Project Team Dashboard $5,000
XVIX Reque:j for prop::Gal $5,000
'" Import En!}ne $20.000
ONLINE ~nternet) SERVER-BASED MODULES
"" RoostrationOiline $5000 1 $1250
XXII Reservation Oiline (inckJdesAvailabiliy) $5,000
XXIII Membership Renewal Oilline $5,000
XXIV leame Schedulinn Oilline $5000
'''' MulilinmalOnline $5,000
''''' GIS-link $2500
XXVII POSPlusOilline $10.000
XXVIII OillineClientAccess-(per25ConcurrentClientArxessPackJ $12,500 1 $3,125
XXVIX. OillineTicketing $5,000
Golf- Tee Time Oilllle Drect $10.000
''''
''''' Golf-Online Memoor Biling en!}ne $2000
XXXII Active CustOOler Response Citizen Oilline $5,000
SDKMODULES
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XXXIII ACM Sa\ (per developer) $5,000
XXXIV ACM SDK (enteqxise) $20.000
,SYSTEM MODULES-COSTS (included in costs of other licensed l1OOdules)
xxxv. ~1~YSlemUtiilie.saSdefinedinsect. ttq) of Terms andCooditions . . .
I CUMULATIVE WORKSTATION-BASED MODULES
XXXVI. CustomizedReoorts $250 1 $62.50
XXVII Multilinooal-FroolDesk $250
Total Cool $9,437.50
As per the Cover Page, the amonnts shown in the "Initial Software Licensing Cost" and "Total Module Support! Maintenance
Cost" columns of the Software Table are applicable only upon the date of entry into this Agreement, and are subject to change
thereafter in accordance with this Agreement's terms.
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Description of levels of Annual Support and Maintenance
1. Basic
o
o
Basic Annual Support and Maintenance includes the following:
Unlimited loll free telephone support between 600 Ern and 530 pm Pacific Time cpr) Mon - Fri ("Regular Support Hours") and
Unlimited dial-in access suppcrl (see Nctes a, band c below for qualification) for "system cbwn" issues on 24 hour x 7 day per
week basis (" Extended Support Hours")
LimitedrepJrtcustomization & query support (ie calls of 15 minutes cUraioo orless)
Access to TAN's secure Web site
o
o
o
o
RegJlar documentation and communications provided to the Custcmer
New Releases and Versioos as described in the Terms and Conditions
Notes:
a) Qualifying sites must have direct dial-in and Internet e-mail capability for Extended Support
Hours.
b) Support calls placed during Extended Support Hours must be placed through an authorized
contact person.
c) Under Basic Annual Support and Maintenance, Support during Extended Support Hours is
available only for "system do\Vll" problems that result in the Customer's inability to fulfill
critical business fimctions (i.e. those pertaining to core fimctionality such as processing
registrations, memberships, rentals) and that have no reasonable work-around (Call Priority
Level A-Down per Section 4). All other calls - including all calls related to upgrades~ placed
by the Customer vvithin Extended Support Hours vvill be billed to the Customer under a separate
agreement.
2. Premium
Premium Support provides for the same services as Basic Annual Support and
Maintenance, and additionally provides that, subject to Notes a) and b) above, all Support available
during Basic Support Hours is also available during Extended Support Hours.
3. Holiday HaulS
Canadian Office Holiday Hours
The Canadian TAN Support Desk will be open with reduced staff on the following
statutory holidays: Good Friday; Victoria Day (3rd Monday in May); Canada Day (July 15t); BC Day (15t
Monday in August); Canadian Thanksgiving (2nd Monday in Oct); Remembrance Day (November 11);
Boxing Day (December 26). On the following holidays, the Canadian T At$upport Desk will be closed:
New Year's Day, Christmas Day, Labor Day (15t Monday in September).
United states Office Holiday Hours
The U.S. TAN Support Desk will be closed: New Year's Day, Martin Luther King Day,
President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day,
Thanksgiving Day, Day after Thanksgiving, Christmas Day, Day after Christmas, Friday before New
Year's Day
The Active Network, Ltd.
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1. CEFINITIONS
1.1. Definitions - For the purposes of interpreting this Agreement, the following terms will
have the following meanings:
a) "Iniliallnslallalion" means the dete upoo which any althe Scttware has first been installed on any server ccrupulerowned a conlriJled
bylheOJslomer
b) "Maintenance" means the provisioo ct errcrinvestigalion and repair services and ctnewVersioosand Releases, asdesaibedin Seclioo
3.1.
c) "Module" means a single type ct Scttw8re referred 10 in any p8J1icul8J line item ct the Scttw8re Table, suctllhal each such line item
refers 10 008, and ooly one, Mooule, regardless ctlhe number ctc~ies referred 10 in such line item, except in line item YY.l0Ilowhich h)
applies
d) 'Phase' means the scttw8re, services, third party prooucls, maintenance, deliverables, and acceptance criteria 10 be implemented
belween the Phase Start Date and the Phase End Date including the associated costs
e) 'Phase Start Date' means the date fer the start ct each Phase asindicat edmthePrqectSchedule
f) 'Phase End Date' means the date fer the end of each Phase as indicated 00 the PrqectSchedule
g) 'Prqect Schedule' means the document detailing the standalooe and separate implementation phases established throogh discussioos
between the Customer and TAN ooce this agreement has been signed
h) "Release" means any release, update, patch, set ct revisioos, er bug/permanent fix er temperary bypass scMioo released by TAN to its
CJJstOOlers generally during the term ct this Agreement, which pro/ides enhancements and/er errer ccrrectioos tothe then-CJJrrent Versioo
er Release, and where a new Versioo has been released and no new Release has been released since the release ct that Versioo, that
Version will also coostitute a Release fer the purpose d determining whether Suppat er Maintenance is available with respect to that
Version. New Releases will be dencted by an increase to the versioo numbertothe right ctthe decimal point such as frOOl Release 1.1to
Release 1.2
i) "Software" means cOOlputer code and prO]rams, in exeCJJtable cooe lerm ooly, including related data files, rules, parameters and
documentatioo, which have been created er licensed by TAN and are identified in the Software Table as being subject to Support and
Maintenance in coonectioo with this Agreement, and any Versionser Releases therect provided by TAN, in exeCJJtable ferm
il "Support" means the oogiJng telephooe and dial-in suppm and proolem resiJutioo toassistthe Customer in the use ct the Software It
may include but isnct limited to respoose to inquiries regarding the iJ;leratioo, ins1allatioo, administratioo and general technical assistan ce
requested by the CustOOler. Suppert also includes, provided that such assistance can be provided infifteen(15) minutesaless
i) Limited assis1ancewithrepmcustomizationandthedeveliJ;lment ctCJJstOOlqueries,and
ii) Assistance to isiJate the soorce ct proolems and/er to troobleshoct diffiCJJlties resulting from soorces cther than TAN prooucts er
services, such as
o General netwerk suppat- fer example netwerk access, printing, backup & resteration;
o PC hardware trooble shroing;
o PC setup, coofiguratioo and iJ;ltimizatioo;
o NetworkiJ;lerating system coofiguratioo andfunctiooality;
o Basic Microsoft Cerperatioo Windows"functionality (e.g using File Manager er Explerer);
o Mooemconfiguratioo &setup;
o Data corruption duetolackofdiskspace, and
o Lossctsupervisererctherpasswerd
but expressly excludes any services or assistance relating toda tabase issues, unless acquired underan addendum tothisAgreement
k) "Support Start Date" means the daythirty(3Q) days afterthe Phase End Date
I) "System Utilities" includes the fiJlowing MiXlules Accounting Processes, Central LO]in, LO] File, CiJ;ly Database, Edit Database,
Maintain Database, MSDE Ted, Oracle Setup Utility, OueryTed, System Maintenance, Upgrade Database and View COOlpooents
m) "Version" means a versioo of the Software providing a partiCJJlar functiooality, while a new Versioo of the Software will provide
new/additiooal functiooality and/or improvements to a previoos Versioo. New Versioos will be dencted by a change to the versioo number
tothe left of the decimal piJnt suchasfrOOlVersi0010toVersioo 20
12 Headings - The headings contained in this Agreement are inserted for convenience and
do not form a part of this Agreement and are not intended to interpret, define or limit the
scope, extent or intent of this Agreement or any provision hereof.
2. SUPPORT SERVICES
2.1 TAN will providetothe CustOOlerSuppmfor
a) the Release cttheSoftwarethat isfrOOltimetotime the most recently-released, generally available Release,and
b) fer the twenty-foor (24) mooths immediately fiJlowing general availabilrty ct the Release described in a), fer the Release which
immediately precedes that Release. Suppm services will nct be provided fer any noo-currentVersioo er Release aftertwenty-foor(24)
moothsfrOOl the date ct availabilityctthe newerVersioo or Release
3. MAINTENANCE SERVICES
3.1 With respect to any Release ct the Software suppmed at the time, upon receipt ct nctificatioo frOOl the Customer's autherized cootac1
persoonel ct an apparent errer in the Software, TAN will use cOOlmercially reasooable effms to prOOlptly investigate the issue and determine
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whe1hercrnct1here is in fac1 an errcrand10 advise 1he Cus100ler1ha1 ei1heran errcr does nct exis1,crcoofirm 1ha1 008 doesexis1andwha1, if
any, work.aroond exists. Errcrs will be deemed 10 be any design IX programming errcr in the Scttware attributable 10 TAN which prevents the
Scttw8Je from substantially ccruplying with the functionality 8S set 001 in the user documen181im (en-line IT hard-copy) delivered with the
Scttw8Je 8r\d whidl materially affects the use, function IX performance ct the Scttware. When errcrs are coofirmed, TAN will use commercially
reasooable efforts 10 Geneet such errors and provide Cus1Cf1ler with 8. ccnectioo cr service pack fer the Scttware as soon 8S it is practical in
TAN'ssiJe discretion
3.2. TAN will provide 10 the Cus1cruer, either physical ferm by mail IX courier or in electrooic ferm via the Intemet, new Releases and Versioos
(and apprlJ;)riate documentatioo} as such Releases erVersions(anddocumentatioo) becOOle available,withoot additional charge
4. ASS/GNMENT OF PRIORITIES FOR SUPPORT ISSUES
4.1 New suppm incidents are assigned me of the fdlowing foorprierity levels, each with its respective standard cOOlpletioo target
Call Priority Desc.riptioo Standard
Level CompletiooTarqet
A Dooc Fatal issues that result IC Ino Within 12 hours
CUstOOler'sinabilitytofulfillcritical
business functioos (ie those
pertaining Ie 1m functionality
such as processing registrations,
memberships, rentals) ocd that
have no reaSiX1able werk-aroond
8 Urgent Serioos Issues significantly Within 24 hours
impacting use ctsystem but donct
prevent cere functioos (such as
procesSing registratioos,
memberships, rentals) frOOl being
fulfilled
C-Normal All cther issues, except those Within 36 hours
dassifiedas DiLooJ
D Loo Issues that are nct time-sensitive None
ermaybe undertaken ascustOOler
service initiatives ootside Ino
sClJ;)ectthisAqreement
CustOOler will request a ranking ct the call prierity when initially repming the incident. Shoold there be any disagreement over the prierity
assigned to a particular incident, er any dher aspect ct its handling, by TANsuppm staff, CUstOOlers are encooraged to first speak directly to
the suppmrepresentative dealing with the issue inordertoarri ve at an acceptablesdutioo. In caseswhereescalatioo is desired ern ecessary,
please CO'1tactthe Supervisor,SUppmServiceswithanycoocemsyoomayha ve (phone 1-80Cl-663-4991)
5. EXCLUDED SUPPLIES AND SERVICES
5.1 Withootlimitatioo, the fdlowing supplies and services are excluded frOOl Suppm and Maintenance
a) Services which are required to remedy proolems that stem frOOl changes to er defects in system coofiguratioo upoo which the Software
was initially installed;
b) Services which are required to remedy proolems which do nl1 stemfrOOl any defect in Scttware;
c) Services which are required to remedy proolems caused by lack ct training ct CustOOler's persoonel imprlJ;)er treatment er use of the
Scttware;
d) Full repm custOOlizatioo service;
e) Any and all hardware support,maintenance ertroubleshooting issues, except as described in sectioo 1.1j)ii), regardlessctthe soorce ct
such hardware
6. FEES AND PAYMENT
6.1 In consideratioo ct the Suppm and Maintenance provided hereunder, CustOOler agrees to pay TAN the fees described 00 the Cover
Page, as mooified explicitly pursuant to this Agreement. In the event the CUstOOler requires Sup pm and Maintenance fer additiooal Software,
the OJstOOler agrees to pay TAN the additiooal Sup pm and Maintenance fees applicable based upoo the fees then in effect, prerated frOOlthe
date ct agreement to alX1uire such services to the Support Renewal Date. Payment, cther than amoonts, which may be adjusted under these
Terms and Cooditions, will be in accordance with the payment terms set out 00 the Cover Page
6.2. Unless the Scttware Table indicates otherwise, the fees charged hereunder are applicable to Support and Maintenance ct Scttware used
with respect to ooly a single database of CustOOler data. If the CustOOler, after entering this Agreement, places in service me or more
additiooal databases to be used in relatioo tothe Scttware, then for each such additiooaldatabase an additiooal 25% of all SUppmand
Maintenance fees charged hereunder, exdusive ct such extra database fees, will be payable. The CUstOOler will ndify TAN as SOO1 as
reasooablypossible of the installatiooause ct any such additional da tabase(s)
6_3_ If at any time after the Customer has initiaiiy iicensed any of the Software from TAN, the Customer's right to receive Support and
Maintenance, or comparabie seNices, from TAN under this Agreement or a compambie agreement has intentionaiiy been aiiowed by
Customer to iapse, , and the Customer wishes to continue receive Support and Maintenance from TAN, the Customer wiii pay to TAN, prior
to re-instatement of Support and Maintenance seNices__
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a) all tees that would have been payable hereunder had this Agreement been In force during the time during which Support and
Maintenance rights hadso lapsed, and
b) an additional tee of forty (40) per CJJ!)t of the license tees which would be payable it the Software to be subject to such Support and
Maintenance were licensed anew at TAN's th8f! standard license tees on the date of rB-lnstatement of Support and Maintenance rights_
7. ACCESS TO SYSTEM AND OTHER CUSTOMER OBLIGATIONS
7.1 Unless Cus1crnerwill incur mere than minimal expense, Cus1crnerwill pro/ide, 81 no cost 10TAN
a) sufficient space 10 allow TAN persoonel 00 the Cus1Cffler's site 10 perfcrm the oo-si1e Services acquired hereunder;
b) ctfice supplies end servicessuGh asphctocopying,fecsimile end1elephoneeccess;
c) withootlimiting 4.1 a), educatioo and training facilities adequate tothe training services acquired hereunder, includingclassrOO1l space,
netwerked PCs (minimum 1 PC fer every two training participants), netwerked printing capability, cOOlputer displaylprqectioo facilities,
and flip chart erwhiteboard,plus markers and cther ancillary supplie s;
d) subjecttothe security requirements of the OJstOOler, 24 hooraccesstothe OJstOOler's system via either an always-availabletelephooe
circuit eran always available internet coonectioo to enable TAN erits designated representativetoperfcrrn any ctthe ooligatioos placed
upooTAN bythisAgreemen1.,and
e) subject to the security requirements ct the OJstOOler, remcte dial up~nternet access methoos approved by TAN to allow TAN to remctely
diagnose andcerrect errersintheSoftware and provide ctherServices
7.2 Withootlimiting the CustOOler's ooligatioos, Customer will
a) use its best effms to upgrade to any new Release orVersioo ct the Scttware as SCO'1 as possible after becOOling aware of its availability;
b) ensure that at all times at least me current staff persoo ct the OJstOOler, lI'ho is the Customer CO'1tact person named 00 the Cover Page
and per42 c),has been fully trained ootheScttware;
c) designate by written notice a single site and single persoo asthe piJntctCO'1tactfortelephoneercthercootact, lI'hic:tl site and/erperson
the Customer may change upoo 14 days priernctice; and
d) provide particulars ct the CustOOler's system coofiguratioo in sufficient detail to allow TAN to effectively provide Services hereunder
8. REPRESENTATIONS AND WARRANTIES
8.1 Insurance - TAN represents and warrants that it does and will at all times during the term ct this Agreement maintain general liability
insurance as described in the Certificate ctlnsurance
8.2. Limited Warranty ct Services - TAN warrants that all services provided hereunder will be perfermed in full coofermity with the Agreement,
with the skill and care whic:tl woold be exercised by those who perform similar services at the time the services are performed, and in
acccrdance with accepted industry practice Inthe event ct a breach ctthe express warranties contained herein and/er in the event ofnoo-
performance and/orfailure ct TAN to perferm the services in acccrdance with the Agreement, TAN will, at no cost to Customer, re-perferm er
perform the services sothatthe services coofcrrn to the warranties
9. EXCLUSION OF OTHER WARRANTIES AND LIMITATION OF LIABILITY
9.1. SPECIFIC EXCLUSION OF OTHER WARRANTIES - THE WARRANTIES SET OOT IN SECTION 5.1 AND 5.2 ARE IN LIEU Cf ALL
OTHER WARRANTIES, AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, CONDrTONS, OR GUARANTEES OR ANY
KIND WHATSCfVER, EITHER EXPRESS OR IMPLIED BY LAW (in cootract or too) OR CUSTCli'v1, INCLUDING, BUT NOT LIMITED TO
THOSE REGARDING MERCHANTABILITY, mNESS FOR PURPOSE, CORRESPOODENCE TO SAMPLE, ,DESIGN, CONDrrlON, OR
QUALITY
9.2. NO INDIRECT DAMAGES - IN NO EVENT WILL TAN BE LIABLE TO CUSTCli'v1ER OR TO ANY OTHER PARTY FOR INDIRECT
DAMAGES OR LOSSES (in CO'1tract or too) IN COONECTION WITH THIS AGREEMENT, INCLUDING ruT NOT LIMITED TO DAMAGES
FOR LOST PROmS, LOST SAVINGS, OR INCIDENTAL, CONSEQUENTIAL, PUNrTlVE OR SPECIAL DAMAGES
9.3. LIMITS ON LIABILITY - IF FOR ANY REASON, TAN BECCli'v1ES LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR DIRECT OR
ANY OTHER DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARctESS OF THE FORM OF ACTIOO (in cootract ertm), THEN
a) THE AGGREGATE LIABILITY Cf TAN FOR ALL DAMAGES, INJURY, AND LIABILITY INCURRED BY CUSTCli'v1ER AND ALL OTHER
PARTIES IN CONNECTION WITH THIS AGREEMENT WILL Ef LIMITEDTO AN AMOUNT EQUAL TO THE CHARGES PAID TO TAN
FOR THE SERVICES WHICH GAVE RISE TO THE CLAIM FOR DAMAGES; AND
b) CUSTCli'v1ER MAY NOT BRING OR INrTlATE ANY ACT OR PROCEEDING AGAINST TAN ARISING OUT OF THIS AGREEMENT OR
RELATING TO RELEASES OR SERVICES MORE THAN lWO YEARS AFTER THE CAUSE Cf ACTION HAS ARISEN
9.4 SEPARATE ENFORCEABIUry - SECTIONS 6.1, 6.2 AND 6.3 ARE TO BE COOSTRUEO AS SEPARATE PROVISIONS AND WILL
EACH BE INDIVIDUALLY ENFORCEABLE
10. TERM
10.1. Term - The term ct this Agreement will CCfflmence 00 the Suppm Start Date and, subject to terminatioo as provided herein, will cootinue
until the fdlowing Suppm Renewal Date, after which it will be automatically renewed fer subsequent me year terms 00 the same terms and
conditioos as set oot herein (with the exceptioo ct the fees payable which may be revised by TAN in accerdance with this Agreement) upoo
TAN rendering an inviJce therefor unless terminated by the CustOOler as provided in the Scttware Installation, Licensing and Maintenance
Agreementtowhichthis Schedule is attached
11. TERMINATION
111 Terminatioo - This Agreement will terminate
a) at the iJ;ltioo of either party if the other party materially defaults in the pe rfermance erooservance ctany ct its obligatioos hereunder and
fails to remedy the default within 30 days afterreceivingwrittenncticetherectfrOOlthe noo-defaultingparty;
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b) a1the iJi)1ioo ct either party if1he ctherparty becCffles insdven1 crbankrupt cr makes an assignment fcrthe benefit ct Gredi1crs, ((if a
receivercr1rustee in bankruptcy is appiJnted fcrthe ctherpar1y, crif any proceeding in bankruptcy, receivership, orliquida1ioo is
instituted against the dher party and is na dismissed within 30 days Irjlowing commencement thereof;
c) a1 TAN's 1J;)1ioo upoo the expiry ct sixty days liJlowing issuance by TAN ct an invrJce 10 the CUs1Cf1ler fer fees payable under this
Agreement and such invrJce remaining unpaid, prOllided that TAN has prier 10 terminating under this provision provided the Cus1cruer
with a11eas11en days' written ndice ct such nCfl-paymen1, which minimum 10-day perioo may expire belere, simultaneoosly with, cr after
the 60 day perioo, a
d) at eiherparty's oplkln iftheotherparty assigns or attemplsto assign this A!]eement ctherthan as express~ permitted by this Agreement; provided that
these ~hts ct termination wil 00 11 additkln to all other rights and remedies available to the parties for any breach or
default hereunder.
112. Suspension a ctligatioos-lf either party shedd default in the performance aooservance a any aits ooligationshereunder, then, in
additioo to all other rights and remedies available to the noo-defaulting party, the noo-defaulting party may suspend perfamance and
ooservance of any a all its ooligatioos under this Agreement, withootliability, until the cther party's default is remedied, but this Sectioo will nct
permit the CustOOlertosuspend its ooligatioo to make payments owing in respect a Suppmand cther Software Services
12. GENERAL
12.1. Ca-nplete Agreemelj Mooificatioo - This Agreement, as mooified and affected by TAN's standard Scttware license fees and the terms of
any agreement between TAN and the Customer relating to licensing ct Scttware (as IJ;)posed to the mere provisioo d Scttware, to which this
Agreement relates in respecl a Releases and Versioos), is the complete and exclusive statement of the Agreement between the parties with
respecttothe subject mattercootained herein and supersedes and merges all priarepresentatioos, prlJ;)osals, understandings and all cther
agreements, aaJ a written, express a implied, between the parties relating to the matters cootained herein. This Agreement may nct be
mooified a altered except by written instrument duly executed by bcth parties except that TAN may fill fLrture purchase or cther aders fa
further goods or services available under this Agreement, and if TAN doos sothe provisioos athis Agreement will cootain the ooly cOOlmercial
terms applicable to such transaclioo despite such aderstating ctherwise
12.2. Face Majeure - Dates a times by which either party is required to perfam under this Agreement excepting the payment ct any fees a
charges due hereunder will be postpooed autOOlaticallyto the extent that any party is prevented frOOl meeting them by causes beyood its
reasooablecontrd
12.3. Nctices - All nctices and requests in coonectioo with this Agreement will be given to the respective parties in wrrting and will be deemed
given as of the first business day of the nctified partyfdlowingthe day the nctice is faxed orsentvialJl/emight COJrier, providing a hard clJ;)y
acknowledgment ct such successful faxed nctice transmissioo a evidence a such cooriering, as applicable, is retained Nctice may also be
deposited in the Canadian mails (a if the CustOOler is resident ootside Canada and is rendering the notice, in the mails a that coontry),
postage pre-paid, certified a registered, retum receipt requested, and addressed tothe parties as indicated on the face ct this Agreement and
receipt a any such ncticewill be deemedtobe effective as athe third business day fdlowing such deposit
12.4. Goveming Law - This Agreement and perfamance hereunder will be govemed by the laws applicable in the jurisdictioo where the
Scttware is situated, excepting in the case of Looisiana when the laws a Califcrnia will apply, a in the case of OJebec when the laws ct
Ontario, Canada will apply
12.5. Noo-Assignability - This Agreement is nct assignable by the Customer, and any assignment, purpmed assignment or attempt to assign
by the OJstOOlerwil1 be a material breach a this Agreement and will further be viJd. TAN may assign its Suppm a Maintenance ooligatioos
under this Agreement to TAN's system integratas or resellers a pursuant to a merger a sale ct substantially all of TAN's assets
12.6. Survival-Sectioos6.3, 6and 9 will surviveterminatioo and expiratioo of this Agreement
12.7. A11aney Fees -.In any actioo a suit to enface any right or remedy under this Agreement a to interpret any provision ct this Agreement,
theprevailingpartyshallbeentitledtorecoveritscosts,including reasooable attaneys' fees
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Third Party Product Purchase Agreement (Schedule D)
This docmnent (the "Agreement"), consisting of:
a. the cover pages (referred to collectively as the "Cover Page" if and only if executed as the cover page to the complete
Agreement, and otherwise subject to the Terms and Conditions),
b. the attached Tenus and Conditions of TAN Third Party Product Purchase Agreement ("Terms and Conditions"), and
c. any additional purchase order docmnentation delivered to TAN by the Customer constitutes the entire agreement between
the nndersigned customer ("Customer") and The Active Network, Inc. ("TAN") whereby, and TAN and the Customer
hereby agree that, TAN will provide to the Customer the Third Party Products described in this Agreement, for prices as
described in the Third Party Products Table below as modified pursuant to the Terms and Conditions. Any apparent
contradiction among this Cover Page, the Terms and Conditions and any additional purchase order docmnentation delivered
to TAN by the Customer is to be resolved by giving priority to the Terms and Conditions, followed by the additional
purchase order docmnentation, and then the Cover Page.
Third Party Products Table: Third Party Products Description, Volumes and Prices
Product Units Unit Price
Total Cost
None
TctalCos1 $0
{The remainder of this page is intentionally BLANK}
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1. INTERPRETATION
1. 1. Definiuons - For the purposes of interpreung this Agreement, the following terms will have the following meanings:
a) l'Agreement" means this The Acuve Network Inc. Third Party Product Purchase Agreement.
b) I'TAN" means The Acuve Network Inc.
e) l'Customer" means the legal entity other than TAN entering this Agreement
d) "Related Documentation" means any end user specifications, manuals, instructions, and other materials, and any copies
of any of the foregoing, in any medium, related to the Third Party Products and supplied by TAN to the Customer with the
Third Party Products.
8) l'Third Patty Products' means those hardware, firmware and/or software products, provided to TAN by third parties, listed
on the Cover Page, together with all user manuals and other documents accompanying the delivery of the Third Party
Products, provided that the Third Party Products shall not include software developed by TAN
f) "Third Patty Products Table" means the table on the Cover Page.
g) IWarranty Period" means, in relauon to any particular Third Party Products, the 90 days immediately following delivery of
that Third Party Product to the Customer.
1.2. Headings - The headings contained in this Agreement are inserted for convenience and do not form a part of this
Agreement and are not intended to interpre~ define or limit the scope, extent or intent of this Agreement or any provision hereof
2. PURCHASE AND SALE; SECURITY; DELIVERY
2. 1. Purchase Commitment and Price - TAN hereby agrees to sell to Customer, and Customer hereby agrees to purchase from
TAN, the Third Party Products listed in the Third Party Products Table in the volumes and at the prices described therein, subject
to these Terms and Condiuons.
2.2. Delivery- TAN will ship all or any part of the Third Party Products to the Customer as soon as reasonably possible (or, if the
below-described purchase order documentation does not seek immediate shipping, at the time TAN considers reasonable in
order to meet the desired delivery date described) after receipt by TAN, and acceptance of the terms thereof by TAN, of a
purchase order from the Customer specifying the particular Third Party Products sought, the number of such Third Party
Products sought, the price payable therefore, and the desired date and location of delivery. Any such purchase order must, ata
minimum, include a page, in the form of the Cover Page, modified to indicate the information described above relating to the
particular shipment, executed by the Customer. In any case, all shipments are F.O.B. Shipping Point.
2.3. Changes by Customer to Delivery Schedule - Following delivery by the Customer of any purchase order documentation
described in section 2.2, no changes by the Customer to the shipment schedule described therein will be permitted unless TAN
is notified thereof in writing at least ninety (90) days in advance of the delivery date sought in such purchase order
documentation.
2.4. Acceptance of Purchase Orders - Purchase orders delivered by the Customer to TAN pursuant to are not binding upon
TAN until accepted by TAN in writing. In any case, despite any indication to the contrary contained in any such purchase order
documentation, no terms or conditions on purchase order documentation issued by the Customer, other than the information
required pursuant to section 2.2, will be binding upon TAN, nor will any such terms or conditions modify or supplement this
Agreement in any way, notwithstanding the fact that TAN may accept or otherwise approve such purchase orders. TAN
reserves the right to refuse any such purchase order for any reason not contrary to this Agreement, including without limitation
pricing differences as described in section 3.2.
2.5. Additional Third Party Products - The Customer may purchase Third Party Products in addition to those listed in the Third
Party Products Table by issuing additional purchase order documentation as described herein, provided that the supply (or non-
supply) of such additional Third Party Products will be subject to this Agreement as though such additional Third Party Products
had been included in the Third Party Products Table on the date of execution of the Cover Page subject to:
2.6. the price for such additional Third Party Products being subject to agreement between the parties each in their own absolute
discretion,and
a) TAN having a right to discontinue delivery of such additional Third Party Products upon at least ninety (90) days written
notice to the Customer without any liability to the Customer whatsoever for such discontinuance.
2.7. Charge On/Security Interest in Third Party Products - TAN shall have a charge against! security interest in all Third Party
Products, and all proceeds arising therefrom, until Customer has paid TAN in full for all amounts owing from Customer to TAN in
connection with the particular shipment of which any Third Party Products form a part. Customer shall execute or cause to be
executed all instruments and do or cause to be done all acts that TAN, acting reasonably, requires to effect, pertect, register or
record such charges/security interests. In the event of default in payment or other breach by Custcmer, TAN shall, in addition to
all other rights afforded bylaw, have all of the rights and remedies of a secured creditor under the Personal Property Security Act
of the jurisdiction in which the Third Party Products is situate or Article Nine of the Uniform Commercial Code, as applicable.
3. CHARGES AND PAYMENTS
3. 1. Prices - The pricing applicable to Third Party Products is as set out on the Cover Page, as modified under this Agreement.
3.2. Pricing Variability - The Customer acknowledges that:
36
,,-active NETWORK a) the prices described in the Third Party Products Table are applicable for six (6)
months after the date of execution hereof, and
b) such prices are based upon the Customer taking delivery of the full number of any particular Third Party Product listed in the
Third Party Products Table in a single shipment and the Customer hereby agrees that after the expiry of such initial six-
month period, or in case of the Customer seeking, in a particular shipment, delivery of less than all of the Third Party
Products of a particular type listed on the Third Party Products Table, the actual prices may be higher. Prior to shipment of
any Third Party Products which would be subject to pricing which differs from that described on in the Third Party Products
Table, TAN will notify the Customer of any such different pricing and the Customer will accept such different pricing, as
mutually agreed between the Customer and TAN, in 'Miung.
3.3. Taxes and Other Charges - The Customer will pay all shipping & handling costs and all applicable sales, use, withholding
and excise taxes, and any other assessments against the Customer in the nature of taxes, duties or charges however
designated on the Third Party Products, on or resulting from this Agreement, exclusive of taxes based on the net income of TAN.
3.4. Currency - All prices shown or otherwise referred to in or in connection with this Agreement are in the currency of the
country in which the Customer is located as described on the Cover Page.
3.5. Invoices - TAN will invoice the Customer for applicable amounts upon shipment of any Third Party Products. AJI invoices
are payable within 30 days of receipt thereof, and such receipt is deemed to occur as though such invoices were notices sent
pursuant to secuon 9.3 of the Tenns and Conditions unless such invoices physically accompany the shipped Third Party
Products in which case receipt is deemed to occur upon the date of actual delivery of such shipment to the Customer. Overdue
invoices will bear interest at 1% permonth, 12.68%perannum.
4. PROPRIETARY RIGHTS
4.1. Third Party Proprietary Rights - The Customer acknovv/edges that any Third Party Products supplied by TAN hereunder are
supplied by TAN as a reseller thereof, and that the Third Party Products are subject to the intellectual property rights of the
various third party developers and/or manufacturers thereof, as applicable, including without limitation copyright, trade secret,
trademark and patent rights. The Customer will maintain in confidence and not use or disclose any and all confidential business
or technical infonnauon connected with any Third Party Product except as specifically pennitted by a party which has legal
control of those rights,
4.2. Third Party Products which are Software - The Customer acknowledges that the possession, installation and use of all Third
Party Products which are software shall be governed by the terms of the software license(s) of the persons other than TAN who
possess the rights to control such possession, installation and use.
5. SERVICES
5.1. Despite any other provision of this Agreemen~ TAN is not required to provide any services whatsoever under this
Agreement The Third Party Products are eligible for services to be provided by TAN under separate agreement with TAN,
should the Customer wish to acquire such services.
6. WARRANTY
6.1. Warranty - TAN warrants to the Customer that TAfJ has the right to deliver and license or sublicense the Third Party
Products subject to any documentauon accompanying such Third Party Products at the time of delivery and/or any licensing
mechanisms, physical, electronic or othelWise, included in any Third Party Products that are software.
6.2. Warranues Provided by Third Party Suppliers - Third Party Products are warranted by the manufacturers thereof in
accordance with the warranty statements accompanying delivery of the Third Party Products, and the Customer agrees that the
Customer will rely solely on such Third Party Product warranties and the Customer shall make no claim against T AfJ on account
of any warranty, express or implied, which mayappty to any Third Party Product.
7. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
7.1. SPECIFIC EXCLUSION OF OTHER WARRANTIES - THE WARRANTY SET OUT IN SECTION 6.1, AND THE
MANUFACTURERS' WARRANTIES, DOCUMENTATION FOR WHICH ACCOMPANIES THE THIRD PARTY PRODUCTS AS
DESCRIBED IN 6.2 ARE IN LIEU OF ALL OTHER WARRANTIES, AND THERE ARE NO OTHER WARRANTIES,
REPRESENTATIONS, CONDmONS, OR GUARANTEES OF ANY KIND WHATSOEVER APPLICABLE, EITHER EXPRESS
OR IMPLIED BY lAW (IN CONTRACT OR TORT) OR CUSTOM, INCLUDING, BUT NOT LIMITED TO THOSE REGARDING
MERCHANTABILITY, FITNESS FOR PURPOSE, DURABILITY, CORRESPONDENCE TO SAMPLE, TITLE, DESIGN,
CONDITION, OR QUALITY. W~HOUT LIMITING THE ABOVE, TAN DOES NOT WARRANT THAT ANY THIRD PARTY
PRODUCT PROVIDED HEREUNDER WILL MEET THE REQUIREMENTS OF CUSTOMER OR THAT THE OPERATION
THEREDF WILL BE FREE FROM INTERRUPTION OR ERRORS.
7.2. NO INDIRECT DAMAGES - WITHOUT LIMITING THE GENERALITY OF SECTIONS 6.1, 6.4 OR 7.4, IN NO EVENT WILL
TAN BE LIABLE TO THE CUSTOMER OR TOANY OTHER PARTY FOR INDIRECT DAMAGES OR LOSSES (IN CONTRACT
OR TORT) (EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING BUT NOT LIMITED
TO DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES.
7.3. LIMITS ON LIABILITY -DESPITE ANY OTHER PROVISION OF THIS AGREEMENT, IF, FOR ANY REASON, TAN
BECOMES LIABLE TO THE CUSTOMER OR ANY OTHER PARTY FOR DIRECT OR ANY OTHER DAMAGES FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (IN CONTRACT OR TORT), THEN TAN'S ENTIRE
LIABILITY AND THE CUSTOMER'S EXCLUSIVE REMEDY WILL BE, AT TAN'S OPTION, TO REPAIR, PROVIDE AN
37
",-active NETWORK
EQUIVALENT REPLACEMENT FOR OR REFUND THE PURCHASE PRICE OF
ANY THIRD PARTY PRODUCT WHICH HAS CAUSED THE DAMAGES
RESULTING IN SUCH L1ABIL~Y OF TAN WHICH THIRD PARTY PRODUCT IS RETURNED, SHIPPING COSTS PREPAID,
PROPERLY PACKAGED WITH THE DULY AUTHORIZED TAN RETURN PERM~, TO TAN'S DESIGNATED OFFICE DURING
THETHIRD PARTY WARRANTY PERIOD.
7.4. THIRD PARTY PRODUCTS MODIFICATION - ANY THIRD PARTY WARRANTY OBLIGATIONS OR ANY TAN
WARRANTY OBLIGATIONS HEREUNDER WILL BE VOID IN THE EVENT CUSTOMER MODIFIES THE THIRD PARTY
PRODUCT IN QUESTION OR USES ANY ATTACHMENT, FEATURE, OR DEVICE WHICH IS NOT SPECIFIED AS AN
APPROVED ATTACHMENT IN THE RELATED DOCUMENTATION FOR THE THIRD PARTY PRODUCT W~HOUT FIRST
OBTAINING TAN'SWRITTEN APPROVAL.
7.5. SEPARATE ENFORCEABILITY - SECTIONS 6.1 THROUGH 7.4 ARE TO BE CONSTRUED AS SEPARATE PROVISIONS
AND WILL EACH BE INDIVIDUALLY ENFORCEABLE.
8. TERMINA liON
8.1, Termination - This Agreement will terminate:
a) at the option of either party if the other party materially defaults in the pertormance or observance of any of its obligations
hereunder and fails to remedy the default within 30 days afterrec eivingwrittennotice thereof; and
b) without limiting 7.1.a), at the option of TAN if the Customer breaches section 3 of this Agreement, including without limitation
by failure to pay any invoice within 30 days of receipt thereof provided that the right of termination will be in addition to all
other rights and remedies available to the parties for breach ord efault by the other.
8.2. Suspension of Obligations - If either party should default in the petformance or obselVance of any of its obligations
hereunder, then, in addiuon to aU other rights and remedies available to the non-defaulung party, the non-defaulting party may
suspend petformance and obselVance of any or all its obligations under this Agreement, without liability, until the other party's
default is remedied, but this section will not pennit the Customer to suspend its obligation to make payments owing in respect of
Third Party Products already brought into stock by TAN on account of the Customer having provided TAN with purchase order
documentation in relation thereto. In the event this Agreement is tenninated by TAN due to a default by Customer, then any
license granted to Customer with respect to any Third Party Product shall terminate if full payment for such license is not
delivered to TAN within 30 days from the date oftenninauon.
9. GENERAL
9. 1. Complete Agreement - This Agreement including all addiuonal purchase order documentation provided by the Customer to
TAN and accepted by TAN according to this Agreement consututes the complete and exclusive statement of the agreement
between TAN and the Customer relaung to the subject matter hereof, and supersedes all oral or 'Mitten proposals, prior
agreements and other prior communications between the parties, concerning that subject matter.
9.2. Force Majeure - Dates or umes by which either party is required to perform under this Agreement, excepung the payment of
any fees or charges due hereunder, will be postponed automatically to the extent that any party is prevented from meeting them
by causes (other than inability to pay) beyond its reasonable control.
9.3. Nouces - AJI nouces and requests in connecuon with this Agreement will be given to the respecuve parties in wriung and will
be deemed given as of the first business day of the notified party following the day the nouce is faxed or sent via overnight
courier, providing a hard copy acknovv/edgment of such successful faxed notice transmission or evidence of such couriering, as
applicable, is retained. Notice may also be deposited in the US or Canadian mails (or if the Customer is resident outside US or
Canada and is rendering the notice, in the mails of that country), postage pre-paid, certified or registered, return receipt
requested, and addressed to the parties as indicated on the face of this Agreement and receipt of any such notice will be
deemed to be effective as of the third business day following such deposit
9.4. Governing Law - This Agreement and performance hereunder will be governed by the laws of the jurisdiction provided in the
address of the Customer on the Cover Page excepting in the case of Louisiana when the laws of California will appty, or in the
case of Quebec when the laws of Ontario will apply.
9.5. Non-Assignability - This Agreement is not assignable by the Customer. Any assignmen~ purported assignment or attempt to
assign by the Customer will be a material breach of this Agreement and will be void.
9. 6. SUlVival- Sections 4, 6 and 9 of this Agreement will sUlVive tennination and expirauon of this Agreement
9.7 Attorney Fees - In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this
Agreemen~ the prevailing party shall be enUt/ed to recover its costs, including reasonable attorneys' fees.
38
ITEM NO.4
Approvals
City Attorney
Director of Finance
City Manager
V
;)/2.
CJo..-
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Tim Thorson, Director of Information Systems
DATE:
January 23, 2007
SUBJECT:
Eden Software Support Agreement
RECOMMENDATION: That the City Council authorize the purchase of annual Financials and
Payroll Software Support from Eden Systems Inc., for the total amount of $29,609.37.
BACKGROUND: The City currently uses the Eden suite of application modules for fund
and encumbrance accounting to include payroll. The approval of this request would authorize the
annual support of this software. These financial and Human Resources modules provide the City
with ultimate control of its financial processes. The Eden Financial/HR Application suite is a
Windows-based environment that interacts with Microsoft SQL databases and complies with state
and federal regulations. This product is a proprietary application and can only be obtained from
Eden Systems Inc.
FISCAL IMPACT: Adequate funds are available in the 2006-07 Fiscal Year Budgetfrom
the Information Systems Internal Services fund.
ATTACHMENTS:
Software Support Agreement
~
E Nn
-systems lBO!m~_
~~unO~~
THIS AGREEMENT, made and entered into by and
between Eden Systems, Incorporated (hereinafter
"Licensor"), a corporation duly authorized and
existing under the State of Washington and having
its principal offices at 507 Industry Drive, Seattle,
Washington 98188, and the City of Temecula,
(hereinafter "Licensee-), a government organization
having its principal offices at 43200 Business Park
Drive, Temecula, Califomia 92590.
Licensor desires to grant to Licensee, and
Licensee desires to acquire from Licensor a non-
exclusive right and license to use certain computer
software as hereinafter defined. Both parties agree
they are able to comply with and will satisfy the
terms and conditions as set forth in this
Agreement Both parties, intending to be legally
bound, agree to the following:
SECTION 1 - DEFINITIONS
The definition of terms set forth in this section shall
apply when such terms are used in this Agreement,
its exhibits, and any amendments:
1.1 "Licensed Program." The computer program
specifically identified within the Exhibits herein as
applications within the /nForum Go/d™,
/nForum™, or Command Series™ product lines,
including object code, as well as related procedural
code, and documentation of any type which
describes it.
1.2 "Licensed Documentation." The system
and other documentation made available by
Licensor, for the Licensed Program.
1.3 "Enhancements." Changes or additions,
other than Maintenance Modifications, to the .
Licensed Program or Licensed Documentation that
add significant new functions or substantially
improved performance thereto by changes in
system design or coding.
1.4 "Error." Problem caused by incorrect
operation of the computer code of the Licensed
Program or an incorrect statement or diagram in
Licensed Documentation that produces incorrect
results or causes incorrect actions to occur.
1.5 "Error ConGctlon." Eithor a software
modification or addition that, when made or added
to the Licensed Program, establishes material
Page 1
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}
conformity of the Licensed Program to the
Licensed Documentation, or a procedure or routine
that, when observed in the regular operation of the
Licensed Program, eliminates the practical adverse
effect on Licensee of such non-conformity.
1.6 "Maintenance Modifications." Modifications
or revisions to the Licensed Program or Licensed
Documentation that correct Errors.
1.7 "Specifications." The functional performance
parameters of the Licensed Program effective on
the date of this Agreement, as set forth in Licensed
Documentation.
1.8 "Proprietary Information." Unpublished
"know-how" and "trade secrets- which shall include,
without limitation, computer programs, program
designs, algorithms, subroutines, system
specifications, test data, charts, graphs, operation
sheets, and all other technical information, owned
by Licensor or under its control, relating to the
development and production or use of the Licensed
Program and the design, configuration,
programming, and protocol of the Licensed
Program.
1.9 "Normal Working Hours." The hours
between 8AM and 5PM PST (Pacific Standard
Time), on the days Monday through Friday,
excluding regular1y scheduled holidays of Licensor.
1.10 "Releases." New versions of the
Licensed Program, as specified by Licensor, which
new versions may be prompted by Error
Corrections and/or Enhancements.
1.11 "Support Agreement Term." A fiscal
year, commencing on January 1 and ending on
December 31, during which support and services
are provided subject to the terms and conditions
set forth in Section 9, Software Support.
SECTION 2 - GRANT OF LICENSE
2.1 Scope of License. Subject to compliance by
Licensee with the terms hereof, Licensor hereby
grants to Licensee, in perpetuity unless terminated
as provided herein, a personal, noli-exclusive,
nontransferable license (without the right of
sublicense), to:
L Install, use, and execute the
Licensed Program on computers owned
or leased and used by Licensee at its
07/10/01
(-)
facilities, for up to the number of
concurrent users specified In this
Agreement In exhibit A 1, for the sole and
express purpose of supporting the Intemal
business activities of Licensee; and
It, Use the Licensed Documentation
only in conjunction with installation and
use of the licensed Program.
2.2 Delivery of Materials. Licensor shall deliver
one copy of the Licensed Program and Licensed
Documentation to Licensee within a reasonable
time following final execution of this Agreement
2.3 Minimum Hardware and Software
Requirements. Licensee acknowledges that in
order to be executed, Licensee's computers must
meet or exceed the minimum published hardware,
software, and communication requirements for the
Licensed Program. Licensee agrees such
requirements are subject to change, and that future
versions of the Licensed Program may have
different hardware and software requirements that
those presently in effect. The acquisition of
necessary hardware, software, and
communications equipment meeting the
requirements then in effect shall be the sole
responsibility of Licensee. Licensee acknowledges
that Licensor software support does not cover third
party software unless otherwise specified.
2.4 Necessity for Third-party Software.
Licensee acknowledges that in order to be
executed, the Licensed Program requires certain
third-party software not provided by licensor. The
acquisition of necessary licenses and support for
this software shall be the sole responsibility of
Licensee. Licensee acknowledges that Licensor
software support does not cover third party
software unless otherwise specified.
2.5 Assignment of Rights In Licensee
Maintenance Modifications and Enhancements.
All right, title, and interest in all Maintenance
Modifications and Enhancements developed by
Licensee during the term of this Agreement
remains with Licensor. Licensee agrees that such
Maintenance Modifications and Enhancements
shall be used by Licensee, and will not be
distributed or otherwise made available to any third
party other than Licensor.
2.6 Availability of Licensor Enhancements.
Licensor agrees to offer to Licensee a license to
Enhancements that Licensor develops and offers
generally to licensees of the Licensed Program
aCCOrding to the terms under Section 9.1_b.
2.7 Licensee Notification and Delivery of
Materials. Licensee shall notify and deliver to
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;: )
..
. 'i
Licensor one copy of any Maintenance
Modifications and Enhancements developed by
Licensee within a reasonable period after
development
-
SECTION 3 - TITLE TO MATERIAlS
3.1 TItle to licensed Program and Licensed
Documentation. All right, title, and Interest In and
to the Licensed Program and Licensed
Documentation, Including the media on which the
same are fumlshed to Licensee, are and shall
remain with Licensor. Licensee acknowledges that
no such rights, title, or interest in or to the Licensed
Program and the Licensed Documentation is
granted under this Agreement, and no such
a$sertion shall be made by Licensee. Licensee is
granted only a limited right of use of the Licensed
Program and Licensed Documentation as set forth
herein, which right of use is not coupled with an
interest and is revocable in accordance with the
terms of this Agreement.
3.2 TItle to Enhancements and Maintenance
Modifications; Restrictions on Use, Disclosure,
Access, And Distribution. All right, title, and
interest In and to any Enhancements and
Maintenance Modifications developed by either
Licensor or by Licensee shall be and remain with
the Licensor. Licensee shall treat all such
Enhancements and Maintenance Modifications in
accordance with the restrictions and limitations set
forth herein respecting Licensed Programs 'and
Licensed Documentation.
I
SECTION 4 - FEES AND PAYMENTS
4.1 License Fee. In consideration of the
licenses granted hereunder, Licensee shall pay
Licensor a one-time license fee as well as
other associated costs as further defined in
Exhibit A 1, attached hereto.
4.2 Software Support. Software Support is
subject to the terms and conditions of Section
9, Software Support, and may be offered, at
the licensor's sole option, on a year by year
basis.
4.3 Per Diem. Charges for meals and
Incidental expenses associated with the delivery of
the Licensed Program will be charged on a per
diem basis. The rate for such per diem shall be the
maxlmum meals and IncIdental expenses aI/owed
for Licensee's locality as specified in 41 CFR
07/10/01
r
( )
Section 301 Appendix A of the code of Federal
Regulations.
4,4 Other Costa. Other costs, including but not
limited to airltrainltaxi fare, charges for reasonable
and normal travel time to and from the customer
site, parking, freight costs, reproduction charges,
and other incidental expenses incurred by Licensor
on account of this Agreement, shall be billed to the
Licensee.
4.5 Administrative Fee. Licensor shall have the
right to charge Licensee a 5% administrative fee
for all invoices which are over 30 days past due.
4.6 Payment. Payment for all fixed fees and
charges shall be in accordance with the payment
schedule set forth in Exhibit B - BlllinglPayment
Schedule. Payment for all estimated fees and
charges shall be in accordance with the terms and
conditions set forth In Exhibits D - Services and E -
Committed Modifications.
4.7 Taxes. The fees and charges specified in this
section are exclusive of any federal, state, or local
excise, sales, use, and similar taxes assessed or
imposed with respect to the service and support
provided hereunder. Licensee shall pay any such
amounts upon request of Licensor accompanied by
evidence of imposition of such taxes.
SECTION 5 - PROPRIETARY PROTECTION OF
MATERIALS
5.1 Acknowledgment of Proprietary Materials;
Limitations on Use. Licensee acknowledges
that the Licensed Program and Licensed
Documentation are unpublished works for
purposes of federal copyright law and embody
valuable confidential and secret information of
Licensor, the development of which required
the expenditure of considerable time and
money by Licensor. Licensee shall treat the
Licensed Programs and Licensed
Documentation in confidence and shall not
use, copy, or disclose, nor permit any of its
personnel to use, copy, or disclose the same
for any purpose that Is not specifically
authorized under this Agreement. In the event
of a public records request for the Licensed
Program and Licensed Documentation,
Licensee shall promptly provide a copy of such
request to Licensor so that it has at least seven
business days from Licensor's receipt of such
copy in which to seek an order restraining the
Licensee from disclosIng the Licensed
Program and Documentation pursuant to such
public records request. If Licensor does not
Page 3
"
obtain a restraining order within such period of
time, Licensee may disclose the Licensed
Program and Licensed Documentation
pursuant to such public request as Licensee
deems appropriate.
5.2 Secure Handling. Except for copies of the
Licensed Program Installed and operated upon its
computers as permitted hereunder, Licensee shall
require that the Licensed Program and Licensed
Documentation be kept on Licensee's premises
which shall be maintained in a manner so as to
reasonably preclude unauthorized persons from
gaining access thereto, and Licensee shall permit
access only as necessary for either party's use
thereof in accordance with the terms of this
Agreement.
5.3 Proprietary Legends. Licensee shall not
permit anyone other than Licensor to remove any
proprietary or other legend or restrictive notice
contained or included in any material provided by
Licensor.
5.4 Reproduction of Licensed Documentation.
Licensee may reproduce the Licensed
Documentation provided by Licensor, provided that
such reproductions are for the private internal use
of Licensee, and all such reproductions bear
Licensor's copyright notices and other proprietary
legends.
5.5 Injunctive Relief. Licensee recognizes and
acknowledges that any use or disclosure of the
Licensed Program or Licensed Documentation by
Licensee in a manner inconsistent with the
provision of this Agreement may cause Licensor
irreparable damage for which remedies other than
injunctive relief may be Inadequate. In the event of
such a violation of tbls Agreement Licensor shall
be entitled, upon application to a court of
competent jurisdiction, to a temporary restraining
order or preliminary injunction, to restrain and
enjoin Licensee from such violation, without
prejudice to any other remedies available to
Licensor.
5.6 Technical Protections. Licensor may from
time to time prescribe password protection as an
additional security measure for the Licensed
Program, and Licensee shall cooperate with
Licensor in connection therewith.
5.7 Survival of Terms. The provisions of
Sections 5.1 through 5.6 shall survive termination
of this Agreement for any reason.
07/10/01
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SECTION 8 . LIMITED WARRANTY, LIMITATION
OF LIABILITY, AND INDEMNITY
6.1 Limited Warranty Against Infrtngement
Licensor warrants that the licensed Program and
Licensed Documentation as delivered to Licensee
do not Infringe any third-party rights In patent,
copyright, or trade secret In the United States.
6.2 Limited Warranty of Confonnlty. Licensor
warrants, for the benefit only of Licensee, that for
the life of the Agreement, the Licensed Program
will conform In all material respects to the Licensed
Documentation (except for modifications made by
Licensee or by Licensor at the request of
Licensee), but only If Licensee maintains
uninterrupted Software Support as described in
Section 9. Licensor assumes no responsibility for
obsolescence of the Licensed Program nor for lack
of conformity occurring from Licensee's failure to
update the LJcensed Program with distributed
Enhancements, Maintenance Modifications, or
Error Corrections.
6.3 exclusive Remedy. As the exclusive remedy
of Licensee for any nonconfonnlty or defect
constituting an Error in the Licensed Program for
which Licensor is responsible, Licensor shall use
commercially reasonable efforts to provide
Maintenance Modifications with respect to such
Error. However, Licensor shall not be obligated to
correct, cure, or otherwise remedy any Error in the
Licensed Program resulting from any (1)
modification of the Licensed Program by Licensee,
or (2) failure of Licensee to notify Licensor of the
existence and nature of such nonconfonnity or
defect promptly upon its discovery.
6.4 Disclaimer. EXCEPT AS SPECIFICALLY
SET FORTH HEREIN, LICENSOR MAKES NO
WARRANTIES, WHETHER EXPRESS OR
IMPLIED, REGARDING OR RELATING TO THE
LICENSED PROGRAM OR LICENSED
DOCUMENTATION OR TO ANY OTHER
MATERIALS FURNISHED OR PROVIDED TO
LICENSEE HEREUNDER. LICENSOR
SPECIFICALLY DISCLAIMS ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE WITH
RESPECT TO SAID MATERIALS OR THE USE
THEREOF.
6.5 Limitation of Liability. EXCEPT WITH
RESPECT TO LIABILITY ARISING FROM
CLAIMS OF INFRINGEMENT OF THIRD-PARTY
RIGHTS IN THE UNITED STATES IN
COPYRIGHT, TRADE SECRET, OR PATENT, IN
NO EVENT SHALL LICENSOR BE LIABLE
UNDER ANY CLAIM, DEMAND, OR ACTION
Page 4
)
, '4
ARISING OUT OF OR RELATING TO ITS
PERFORMANCE OR LACK THEREOF UNDER
THIS AGREEMENT FOR ANY SPECIAL,
INDIRECT, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES, WHETHER OR f'iOT LICENSOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
CLAIM, DEMAND, OR ACTION.
6.6 Llcens.. IndemnlflcaOon. Licensee shall
and does hereby agree to indemnify, hold
hannless, and save Licensor from liability against
any claim, demand, loss or action (1) resulting from
licensee's use or modification of the licensed
Program and Licensed Documentation and (2)
alleging that any Maintenance Modifications made
by Licensee Infringe any third-party rights in the
United States respecting copyright, trade secret, or
patent.
6.7 Licensor IndemnlflcaOon. Licensor shall and
does hereby agree to indemnify, hold hannless,
and save Licensee from liability against any claim,
demand, loss, or action alleging that the Licensed
Program and Licensed Documentation or any
Maintenance Modifications or Enhancements made
by Licensor infringe any third-party rights in the
United States respecting copyright, trade secret, or
patent.
6.8 Survival of Tenna. The provisions of
Sections 6.1 through 6.7 shall survive tennination
of this Agreement.
SECTION 7 . TERM AND TERMINATION
7.1 Tenn. This Agreement shall commence on the
date and year contained herein and shall continue
until tenninated in accordance with the tenns
thereof. ~
7.2 TennlnaOon by Either Party. Either party
may tenninate this Agreement upon 60 days
written notice to the other party if the other party
commits a breach of any tenn hereof and fails to
cure said breach within that 60-day period. Such
notice shall set forth the basis of the tennination.
7.3 Actions Upon Tennlnatlon. Upon tennination
of this Agreement for any reason, Licensee shall
Immediately cease use of, and retum forthwith to
Licensor, the Licensed Program and Licensed
Documentation, and any copies or portions thereof,
including Maintenance Modifications or
Enhancements.
SECTION 8 - MISCELLANEOUS
8.1 Entire Agreement. This Agreement
07/10/01
"
(\
constitutes the entire Agreement between the
parties and supersedes all proposals,
presentations, representations, and
communications, whether oral or In writing,
between the parties on this subject. Neither party
shall be bound by any warranty, statement, or
representation not contained herein. In the event
of any conflict in the terms and conditions of this
Agreement, the documents shall control In the
following order:
.. This Software License and Use
Agreement;
b. Licensor's Response to Licensee's
Request for Proposal, If applicable;
c. Licensee's Request for Proposal, if
applicable.
8.2 No Assignment. Licensee shall not sell,
transfer, assign, or subcontract any right or
obligation hereunder without the prior written
consent of Licensor. Any act In derogation of the
foregoing shall be null and void; provided, however,
that any such assignment shall not relieve
Licensee of its obligations under this Agreement.
8.3 Force Majeure. Excepting provisions of this
Agreement relating to payment of license fees, and
protection of Licensor's Proprietary Information,
neither party shall be In default of the terms hereof
if such action is due to a natural calamity, or similar
causes beyond the control of such party.
8.4 Governing Law. This Agreement shall be
governed by and construed in accordance with the
laws of the State of California.
8.5 Severability. If any provision of this
Agreement Is held by a court of competent
jurisdiction to be contrary to law, the remaining
provisions of this Agreement will remain in full force
and effect.
8.6 Notice. Any notice required or permitted to be
made or given by either party under this Agreement
shall be made in writing and delivered by hand or
by certified mail, postage prepaid, addressed as
first set forth above or to such other address as a
party shall designate by written notice given to
other party.
8.7 Acceptance Testing. Within ten (10)
business days of Licensor's notification to Licensee
that the Licensed Program or portion thereof Is
installed and the applicable training administered,
Licensee shall begin performance of Acceptance
Testing, for the sole and express purpose of
determining whether the Licensed Program
operates as described in the Licensed
Documentation. Licensee must complete such
Acceptance Testing within thirty (30) days of
Page 5
f
commencement of testing. The passage of the
thirty (30) day testing period without official written
notification from Licensee to Licensor that module
of Licensed Program has failed Acceptance
Testing Indicates that the module Is accepted and
that any portion of the license fees attached to
Licensed Program's acceptance are due and
payable.
8.8 Failure of Acceptance Testing, Retesting. If
the parties agree that the Licensed Program does
not successfully pass Acceptance Testing, the
Licensee shall notify Licensor In writing ("first notice
of fallure-) and shall specify with as much detail as
poSSible In which respects the Licensed Program
failed to pass the Acceptance Testing. Licensor
shall make such necessary corrections and
modifications in the Licensed Program to establish
a reasonable basis for additional Acceptance
Testing within a period of thirty (30) days from the
first notice of failure. Licensor shall notify Licensee
when such retesting can begin and the Licensee
shall complete Acceptance Testing within a period
often (10) business days from the date of
notification. If the parties agree that the Licensed
Program continues to fail Acceptance Testing, the
Licensee shall notify Licensor in writing of the
Licensee's intention to terminate and if the Licensor
fails to remedy the defect within (60) days of
receipt of said notification, the Licensee has the
right, at its option, to terminate the Agreement by
giving written notice of such termination to the
Licensor. .
Upon the Licensee's termination of this Agreement
due to failure of the second Acceptance Test, the
Licensee shall promptly return the Licensed
Program and documentation and all related
materials to the Licensor.
8.9 Acts of Insolvency. The Licensee may
terminate this Agreement by written notice to the
Licensor if the Licensor becomes Insolvent, makes
a general assignment for the benefit of creditors,
suffers or permits the appointment of a receiver for
its business or assets, becomes subject to any
proceeding under any domestic bankruptcy or
insolvency law or publicly announces liquidation
proceedings.
8.10 Insurance. Licensor shall 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 Licensor
Its agents, representatives, or employees. The
IImlt5 of this Insurance shall be conslatent wIth the
limits established In Exhibit H. Licensor's Insurer
may provide complete, certified copies of all
required insurance policies, including
07/10/01
( )
endorsements effecting the coverage required by
the limits contained In exhibit H.
8.11 Equal Opportunity Employer. Licensor
shall not dlsaiminate In Its recruiting, hiring,
promotion, demotion, or tennlnation practices on
the basis of race, religious creed, color, national
origin, ancestry, sex, age, or physical handicap In
the perfonnance of this Agreement.
SECTION 9 - SOFTWARE SUPPORT
9.1 Scope of Service. Licensor shall render
support and services during Nonnal Working Hours
for the following:
L Telephone Support - Calls for
assistance related to operation of the
Licensed Program, reporting of a
potential error condition or abnonnal
termination of a program, or request
for minor assistance related to the
Licensed Program;
b. Support Enhancements - Selected
Enhancements, the nature and type of
which shall be detennined solely by the
Licensor. Such provision shall not
preclude Licensor from providing other
Enhancements of the Licensed
Program for license fees, training
charges, and other related service fees
and charges.
c. Source Code Maintenance. Library
of Licensed Program maintained by
Licensor for Licensee complete with
modifications authorized by Licensee
and performed by Licensor.
d. Software Warranty - If Licensee
obtains Software Support from
Licensor, and such Software Support
is in effect without interruption from
inception of this Agreement, then
Licensor will warrant the Licensed
Program to be free of errors for the life
of this Agreement.
9.2 Fees and Charges. Licensee shall pay
Licensor annual support charges based on an
annual rate detennined by Licensor at the
beginning of each Support Agreement Term. Such
annual rate shall be multiplied times the amounts
shown in exhibit A 1 under the column headed
"License Fee (Support Basis)" for each covered
product. No increase In the support rate shall be in
excess of 10% of the support rate for the prior
year. All annual support charges are due and
payable on or before the 11t working day of each
Page 6
(
Support Agreement Tenn. Failure to make such
payment shall constitute cancellation and
tennlnation of support by licensee and no further
service or support will be provided by Licensor.
9.3 Licensee Responsibilities. Licensee shall be
responsible for the procuring, Installing, and
maintaining all computer equipment telephone
lines, communications Interfaces, and other
hardware necessary to operate the Licensed
Program and to obtain from licensor the services
called for according to Licensor's then existing
policy.
9.4 Proprietary Rights. To the extent that
Licensor may provide Licensee with any Error
Corrections or Enhancements or any other
software, including any new software programs or
components, or any compilations or derivative
works of the Licensed Program prepared by
Licensor, Licensee may (1) install copies of the
Licensed Program adequate to serve the
concurrent users specified In this Agreement in
exhibit A 1, in the most current fonn provided by
Licensor, in Licensee's own facility; and (2) use
such Licensed Program in a manner consistent
with the requirements of the Agreement, for
purposes of serving LIcensee's internal business
needs. Licensee may not use, copy, or modify the
Licensed Program, or make any copy, adaptation.
transcription, or merged portion thereof, except as
expressly authorized by Licensor. The Licensed
Program is and shall remain the sole property of
Licensor, regardless of whether Licensee, its
employees, or contractors may have contributed to
the conception of such work, joined in the effort of
its development, or paid Licensor for the use of the
work product. Licensee shall from time to time
take any further action and execute and deliver any
further instrument, including documents of
assignment or acknowledgment, that Licensor may
reasonably request in order to establish and perfect
its exclusive ownership rights in such works.
Licensee shall not assert any right, title, or interest
in such works, except for the non-exclusive right of
use granted to Licensee at the time of Its delivery
or on-site development.
9.5 Disclaimer of Warranty and Limitation of
Liability. EXCEPT AS EXPRESSLY SET FORTH
HEREIN, LICENSOR EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES CONCERNING
THE SYSTEM OR THE SERVICES TO BE
RENDERED HEREUNDER, WHETHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT
LlM'TAT'ON ANY WARRANTY OF
MERCHANTABilITY OR FITNESS FOR A
PARTICULAR PURPOSE.
07/10/01
I'
(' )
9.6 Tennlnatlon of Support. Support may be
tennlnated as follows:
e. Upon the termination of the License
Agreement; or
b. Upon notification by either party to the
other, at the beginning of any Support
Agreement Term;
Co Upon 60 days' prior written notice If the
other party has materially breached the
provisions of this Agreement and has
not cured such breach within such
notice period.
IN WITNESS WHEREOF, the partIes have caused
this Agreement to be executed as set forth below.
[Licensee]
By: Shawryy /J!~Is..o'lJ
Signature:~. ~
Title: City Manager
Date:
Title:
Date:
Page 7
ATTEST:
pef!!HJ~
City Attorney
07/10/01
(-')
Eden Systems, Inc.
Software License and Use Agreement
Exhibits Section
Exhibit A - Eden Systems Dellverables
Exhibit 8 - Bl/llngIPayment Schedule
Exhibit C - ThIrd Party Products, Too's
Exhibit D - Services
Exhibit E - Committed Modifications
Exhibit F - Database Server
Exhibit G - ESRI Products and Services
Exhibit H -Insurance Certificate
()
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:::i::E T- N ('I') ''It 01/) a.
2007 SUPPORT Quote
ED EN Division
Tyler Technologies, Inc
Eden Systems Division
p,o, Box 678076
Dallas, TX 75267-8076
Page I of I
Phone: 425-254-1400
Toll-lTee, 1-800-328-0310
Fax' 425-254-1402
12/15/2006
SOLD TO
City of Temecula
Accounts Payable
PO BOX 9033
TEMECULA, CA 92589-9033
SHIP TO
City ofTernecula
Accounts Payable
PO BOX 9033
TEMECULA, CA 92589-9033
CUSTOMER NO,
TEMECULA
PURCHASE ORD NO,
TERMS
DUE DATE
Due Upon Receipt
1/01/2007
DESCRIPTION
AMOUNT
InForum Gold Financials Support
18,970,07
10,639.30
InForum Gold Payroll Support
SALE AMOUNT
$29,609,37
TAX AMOUNT
0,00
TOTAL
$29,609,37
{'
%
~'
~,
r:
t:
All software provided by Eden to the Customer, including the programs and related documenlatlon, arc confidential, trade secrets, and the proprietary property of EDEN Systems, lne.. Any unauthorized use,
examinalion,modificatiol1, replicalion, rccompilation, trans fer, reverse cnginc<:ring, or disclosuTc is slrictly prohibited.
,(
ITEM NO.5
Approvals
City Attorney
Director of Finance
City Manager
V
iJJ2
(J(L,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Tim Thorson, Director of Information Systems
DATE:
January 23, 2007
SUBJECT:
Award of Contract for Emergency Notification System
RECOMMENDATION: That the City Council approve a contract with Dialogic
Communications Corporation (A PlantCML Company) for the Next Generation Emergency
Notification System in the amount of $43,885,26,
BACKGROUND: The City purchased the existing notification system from Dialogic
Communications in October 2002, This system is outdated and does not meet the emergency
needs of this growing community, The City recently completed a Request for Qualification (RFQ)
for the purpose of selecting the most qualified vendor to upgrade the existing Emergency
Notification System with web features and more precise mapping and geo-coding capabilities, A
total of seven proposals were received and reviewed, The vendor submittals are included in the
following matrix:
Vendor Name Cost System Name
DCC a Plant Equipment Companv $43,885.26 Communicator NXT
$45,000,00/100,000 CodeRed
Emerqency Communications Network minutes
NTI Group, Inc, $80,000Iyear Connect-CTY
Siqma Communications $49,565,00 Reverse 911
Twenty First Century Communications $65,000/200,000 Universal Comm System
minutes
Cascade International $75,000,00 Rapid Reach
$95,000/based on Chatter 6,1
Chatter Communications Jopulation
DISCUSSION: An Emergency Services Subcommittee was formed and received vendor
presentations and reviewed the RFQ submittals, The DCC product was ultimately selected because
it was the lowest price and is developed on the ESRI mapping standard used by the City's GIS
Division, which supports existing City software and employee skill sets, This product is also
provided by Plant Equipment (PlantCML), a local Temecula company,
FISCAL IMPACT:
Adequate funds were appropriated in the 2006-07 Fiscal Year Budget for the
Information Services Internal Services fund,
Attachment: Equipment Purchase Agreement
CITY OF TEMECULA
PURCHASE AND INSTALLATION AGREEMENT
This Purchase and Installation Agreement ("Agreement") is made and entered into as
of January 23, 2007, by and between the City of Temecula ("Agency"), a public body corporation
and politic, and Dialogic Communications Corporation, a Tennessee corporation ("Vendor" or
"DCC"), In consideration of the mutual covenants and promises contained herein, the parties agree
as follows:
1. Purchase and Sale of Equipment. On and subject to the terms and
conditions set forth in this Agreement and the Contract Documents, Vendor agrees to design,
deploy, sell equipment and deliver to the Agency an Emergency Notification System (ENS) as more
particularly described in ExhibitA, Description of Equipment (the "Equipment") and Scope of Work
(the "Services"), attached hereto and incorporated herein as though set forth in full (the contents of
Exhibit A are hereafter referred to collectively as "Work"),
2. Purchase/Installation Price. The Purchase and Installation price which
Agency agrees to pay to Vendor for the Equipment and service is not to exceed Forty Three
Thousand Eight Hundred Eighty Five Dollars and Twenty Six Cents ($43,885,26), The Purchase
price is final and shall be paid by Agency to Vendor in accordance with the payment schedule set
forth in Exhibit B, If Agency disputes any amount on an invoice, Agency shall notify Vendor in writing of
such disputes within fifteen (15) days of the date of the invoice, Agency may withhold from payment
such disputed amounts but shall pay for all undisputed amounts in accordance with the payment
schedule in Exhibit B, Any disputed amount shall be resolved by senior management of the parties
and, once resolved, shall be paid upon the date of resolution, Agency shall pay interest on
outstanding invoiced amounts at the lesser of the maximum amount permitted at law or at the rate of
one and one-half percent (1 and 11,%) of the overdue amount due per month, Payment of interest on
overdue accounts shall not serve to excuse payment of the principal amount. The Vendor may be
compensated for any additional installation services in the amounts and in the manner as agreed to
by the Agency Manager and Vendor at the time the Agency's written authorization is given to Vendor
for the performance of said services, as further described in Section 27 below,
3. Scope of Work. Vendor shall perform the Work as described in the
Scope of Work, attached hereto and incorporated herein as Exhibit A, Vendor shall provide and
furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation
services required for the Work, All of said Work to be performed and materials to be furnished for
the Work shall be in strict accordance with the specifications set forth in the Scope of Work, The
Work shall be completed within the time set forth in the Scope of Work, Vendor shall not commence
the Work until such time as directed by the Agency,
4. Representations and Warranties of Vendor. Vendor makes the following
representations and warranties to the Agency:
a, Authoritv and Consents, Vendor has the right, power, legal capacity
and authority to enter into and perform its obligations under this Agreement. No
approvals or consents of any persons are necessary in connection with Vendor's
execution, delivery, installation and performance of this Agreement, except for such
as have been obtained on or prior to the date hereof, The execution, delivery,
installation and performance of this Agreement byVendor have been duly authorized
by all necessary action on the part of Vendor and constitute the legal, valid and
Page 1
binding obligations of Vendor, enforceable against Vendor in accordance with their
respective terms,
b, Title and Operatinq Condition; Services, To its knowledge, Vendor
can transfer good and marketable title to all of the Equipment installed, All of the
Equipment are free and clear of any restrictions on or conditions to transfer or
assignment, and Agency will acquire absolute title to all of the Equipment free
and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims,
covenants, conditions and restrictions except for such as may be created or
granted by Agency, All of the Equipment are in good operating condition, are free
of any defects, and are in conformity with the specifications, descriptions,
representations and warranties set forth in the Contract Documents, All
manufacturers' warranties shall be obtained in Agency's name or transferred to
Agency for Agency's benefit.
c, Full Disclosure, None of the representations and warranties made by
Vendor in this Agreement contain or will contain any untrue statement of a material
fact, or omits to state a material fact necessary to make the statements made, in light
of the circumstances under which they were made, not misleading,
5. Performance. Vendor shall at all times faithfully, competently and to
the best of his or her ability, experience, and talent perform all tasks described herein, Vendor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Vendor hereunder in meeting its obligations under this
Agreement.
6. Aqencv Approval. All labor, materials, tools, equipment, and services shall
be furnished and work performed and completed subject to the approval of the Agency or its
authorized representatives, and the quality of the workmanship shall be guaranteed for one year
from date of acceptance, If, during such one-year period it is shown that there is an error in the
Services, and Agency has notified Vendor in writing of any such error within that period, Vendor
shall perform such corrective services within the original Scope of Work as may be necessary to
remedy such error. Vendor shall inspect the Equipment at the time and place of delivery, Such
inspection may include reasonable tests and use of the Equipment by Vendor.
7. Time of Deliverv.
on or before April 1 ,2007,
The date and time of delivery of the Equipment shall be
8. Place of Deliverv. The Work shall be completed atthe CityofTemecula,
with the exception of the 2,5 Day NXT Comprehensive Course with GIS training, which will shall be
completed at DCC's training facility in Franklin, Tennessee,
9. Acceptance of Work. This Agreement calls for strict compliance,
Vendor expressly agrees that both the Equipment and Services tendered and the tender itself will
conform fully to the terms and conditions of the Agreement. I n the event of rejection by Agency of
the whole of the Work or any part thereof for failure to comply with the terms of this Agreement,
Vendor shall, at its cost and expense, correct such items to bring the Work in compliance with this
Agreement.
10. Indemnification. Vendor agrees to defend, indemnify, protect and hold
harmless the Agency, its officers, officials, employees, agents and volunteers from and against any
and all claims, demands, losses, damages, costs and liability of any kind or nature which the
Agency, its officers, officials, employees, agents or volunteers may sustain or incur or which may be
imposed upon them for injury to or death of persons, or damage to property to the extent arising out
2
Page 2
of or from the Vendor's negligence or willful misconduct, excepting only liability arising out of the
sole negligence of the Agency,
11. Contract Documents.
a, This Agreement includes the following documents, which are by this
reference incorporated herein and made a part hereof: Equipment Description
and/or Scope of Work attached hereto as Exhibit A, the RFQ and the Vendor's
response to the RFQ;
b, In the event any term or condition of the Contract Documents conflicts
with or is contradictory to any term or condition of the Agreement, the terms and
conditions of this Agreement are controlling,
c, In the event of a conflict in terms between this Agreement, the RFQ
and/or the Vendor's response to the RFQ, this Agreement shall prevail overthe RFQ
and the Vendor's Response to the RFQ, and the Vendor's Response to the RFQ
shall prevail over the RFQ,
12. Default of Vendor.
a, The Vendor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event the Vendor is in default for cause under the terms of this
Agreement beyond the applicable cure period, the Agency shall have no obligation or duty to
continue compensating Vendor for any work performed after the date of default and can terminate
this Agreement immediately by written notice to the Vendor. If such failure by the Vendor to make
progress in the performance of work hereunder arises out of causes beyond the Vendor's control,
and without fault or negligence of the Vendor, it shall not be considered a default.
b, If the City Manager or his delegate determines the Vendor is in default in the
performance of any of the terms or conditions of this Agreement, it shall service the Vendor with
written notice of the default. The Vendor shall have ten (10) days after service upon it of said notice
in which to commence to cure the default and diligently work towards a satisfactory resolution in
compliance with the terms of Exhibit A, I n the event the Vendor fails to commence curing 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 under this Agreement.
13. Liabilitv Insurance. Consultant shall procure and maintain forthe 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, Each party shall waive, and require its insurers to waive,
subrogation against the other party under any applicable policy of insurance,
a, Minimum Scope of Insurance, Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001),
(2) Insurance Services Office form number CA 0001 (Ed, 1/87) covering
Automobile Liability, code 1 (any auto),
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Page 3
(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,
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 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 insured's as respects: liability arising out of activities
performed by or on behalf of the Vendor; products and completed
operations of the Vendor; premises owned, occupied or used by the
Vendor; or automobiles owned, leased, hired or borrowed by the
Vendor. 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 Vendor'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 Vendor'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
Page 4
(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, Acceptabilitv of Insurers, Insurance is to be placed with insurers with a
current A,M, Best's rating of no less than A: VII, unless otherwise acceptable to the Agency,
f, Verification of Coveraqe, 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, All endorsements are to be
received and approved by the Agency before work commences, The Vendor's insurer shall provide
complete, certified copies of all required insurance policies, including endorsements effecting the
coverage required by these specifications,
14. Survival of Representations and Warranties. All representations,
warranties, covenants and agreements of the parties contained in this Agreement shall survive the
execution, delivery, installation and performance of this Agreement for the duration of the warranty
period,
15. Leqal Responsibilities. The Vendor shall keep itself informed of State
and Federal laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its service pursuant to this Agreement. The Vendor shall at all times
observe and comply with all such laws and regulations, The Agency, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with
this section,
16. 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 Vendor, or
Vendor's sub-contractors for this project, during his/her tenure or for one year thereafter. The
Vendor hereby warrants and represents to the Agency that it knows of 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 Vendor or Vendor's sub-contractors on this project. Vendor
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.
17. Independent Contractor. Vendor 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 the Vendor shall at all times be under the Vendor's exclusive direction and
control. Neither the Agency nor any of its officers, employees, agents or volunteers shall have
control over the conduct of the Vendor or any of the Vendor's officers, employees, agents or
volunteers except as set forth in this Agreement. Vendor shall not at any time or in any manner
represent that it or anyof its officers, employees or agents are in any manner, officers, employees or
agents of the City of Temecula, Vendor shall not incur or have the power to incur any debt,
obligation or liability whatever against the Agency, or bind the Agency in any manner.
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Page 5
18 Assiclnment. The Vendor shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
Agency,
19. 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 Agency at:
City of Temecula
43200 Business Park Drive
Temecula, California 92589
Alln: City Manager
To Vendor at:
Dialogic Communications Corporation
730 Cool Springs Boulevard
Suite 300
Franklin, TN 37067
Alln: Contracts Administrator
20. GoverninQ Law. The Agency and Vendor understand and agree thatthe
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the municipal, superior or federal district court with jurisdiction over
the City of Temecula,
21. Entire AQreement: Severabilitv. 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 wrillen, are merged into this Agreement based solely upon the representations
set forth herein and upon each party's own independent investigation of any and all facts such party
deems material. In the event that any portion or all of this Agreement is held to be void or
unenforceable, such portion shall not render the other terms of this Agreement voidable or
unenforceable, In addition, the parties agree to negotiate in good faith to amend the commercial
and other terms of the Agreement in order to effect the intent of the parties as set forth in this
Agreement.
22. Authoritv To Execute This AQreement. The person or persons executing
this Agreement on behalf of Vendor warrants and represents that he or she has the authority to
execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the
performance of its obligations hereunder.
23. PrevailinQ WaQes. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the District 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 Vendor from the Director of the
Department of Industrial Relations, These rates are on file with the City Clerk, Copies may be
obtained at cost at the City Clerk's office of Temecula, Vendor shall post a copy of such wage rates
at the job site and shall pay the adopted prevailing wage rates as a minimum, Vendor 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, Vendor shall forfeit to the District, as a
6
Page 6
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 this Agreement.
24. Limitation of Liabilitv: Remedies. Vendor's liability under this Agreement
shall not exceed the compensation actually received by Vendor from Agency under this Agreement.
NEITHER PARTY SHALL BE RESPONSIBLE OR HELD LIABLE TO THE OTHER FOR
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
LOSS OF PROFIT, LOSS OF INVESTMENT, LOSS OF PRODUCT OR BUSINESS
INTERRUPTION, HOWSOEVER CAUSED, The warranties, obligations, liabilities and remedies of
the parties, as provided herein, are exclusive and in lieu of any others available at law or in equity,
Indemnities against, releases from, assumptions of and limitations on liability and limitations on
remedies expressed in this Agreement, as well as waivers of subrogation rights, shall apply
notwithstanding the fault, negligence (whether active, passive, joint or concurrent), strict liability or
other theory of legal liability of the party indemnified, released or whose liability is limited or assumed
or against whom remedies have been limited or rights of subrogation have been waived and shall
extend to the officers, directors, employees, licensors, agents, partners and related entities of such
party and its partners and related entities,
25. Force Maieure. Any delays in orfailure of performance byVendorshall
not constitute a default hereunder if such delays or failures of performance are caused by
occurrences beyond the reasonable control of Vendor, including but not limited to: acts of God or
the public enemy; expropriation or confiscation; compliance with any order of any governmental
authority; changes in law; act of war, rebellion or sabotage or damage resulting therefrom; fires,
floods, explosion, accidents, riots; strikes or other concerted acts of workmen, whether direct or
indirect; delays in permitting; or any other causes, whether similar or dissimilar, which are beyond
the reasonable control of Vendor. In the event such occurrence impacts Vendor's obligations
hereunder or causes Vendor to incur additional costs, Vendor's obligations shall be equitably
adjusted and it shall be entitled to reimbursement for such additional costs,
26. ChanQe ManaQement. It is the desire of the parties to keep the
changes in the Scope of Work to a minimum, but the parties recognize that such changes may
become necessary and agree that they shall be handled as follows, Either party may initiate a
change by advising the other party in writing of the change believed to be necessary, As soon
thereafter as practicable, Vendor shall prepare and forward to the Agency a cost estimate for the
adjustment to the price, and a schedule impact of the change, and any effect on Vendor's ability to
comply with any of its obligations under this Agreement, including warranties and guarantees,
Agency shall advise Vendor in writing of its approval or disapproval of the change, If Agency
approves the change, Vendor shall perform the Work as changed in accordance with the terms of
the Change Order. If Agency disapproves, the proposed change may be referred to senior
management of the parties for resolution,
27. Nonwaiver. Any failure by either party to enforce the other party's strict
performance of any provision of this Agreement will not constitute a waiver of its right to
subsequently enforce such provision or any other provision of this Agreement.
28. License Grant.
A. Scope. Vendor hereby grants to Agency, and Agency accepts, a non-exclusive, non-
transferable license to use the object code version of the Software and the Documentation for its
internal business purposes at the Site in accordance with this Agreement. Agency may use the
Software only on the Equipment or substitute equipment approved in writing by Vendor. Agency
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Page 7
may make one copy of the Software for backup purposes only but shall include therein all
proprietary marks and notices included in the original. Agency may not otherwise copy or permit the
copying of any part of the Software or Documentation,
B. Restrictions on Use, Agency may not, directly or indirectly, (i) reverse engineer,
decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or
algorithms of the Software; (ii) modify, translate, or create derivative works based on the Software;
(iii) copy (except for archival purposes), rent, lease, resell, sublicense, distribute, assign, or
otherwise transfer rights to the Software, except as otherwise provided herein; (iv) use or allow the
transfer, transmission, export, or re-export of the Software in violation of any export control laws or
regulations administered by the U,S, Commerce Department, OFAC, or any other government
agency; or (v) remove any proprietary notices or labels on the Software,
C. Updates and Upgrades, Updated or upgraded versions of the Software may be
created or issued by Vendor from time to time, If the Software is an updated or upgraded, Agency is
bound by the terms of this License and may only use that updated or upgraded Software in
accordance with this License, Vendor may, at its sole discretion, require the installation of software
updates or upgrades to maintain any applicable warranty,
D. Intellectual Property, Trademark and Copyright. Vendor retains ownership of the
Software, any portions or copies thereof, and all rights therein, Vendor reserves all rights not
expressly granted to Agency, This License does not grant Agency any rights in connection with any
trademarks or service marks of Vendor, its suppliers or licensors, All right, title, interest and
copyrights in and to the Software and the accompanying Documentation and any copies of the
Software are owned by Vendor, its suppliers or licensors, All title and intellectual property rights in
and to the content which may be accessed through use of the Software is the property of the
respective content owner and may be protected by applicable copyright or other intellectual property
laws and treaties, This License grants Agency no rights to use such content.
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Page 8
IN WITNESS WHEREOF, the parties to this Agreement have duly executed in
on the day and year first above written,
CITY OF TEMECULA
Chuck Washington, Mayor
Attest:
Susan W, Jones, MMC, City Clerk
Approved As to Form:
Peter M, Thorson, City Attorney
DIALOGIC COMMUNICATIONS CORPORATION
730 Cool Springs Boulevard
Suite 300
Franklin, TN 37067
ATTN: Contracts Administrator
By:
Name: W, Eugene Kirby, Jr.
Title: VP, General Manager
Dialogic Communications Corporation
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Page 9
EXHIBIT A
SCOPE OF WORK
DCC will provide the City with software, hardware, and services to support an upgrade from the
City's current ENS to more recent technology, including solutions that are web-based, The
Scope is all-inclusive except for the City's agreement to provide required SQL and ArcIMS
solutions,
Solutions
Communicator NXT
Communicator! NXT is the latest critical communications software solution from DCC, It is a
web-based application that utilizes a designated number of on- or off-site phone lines delivering
notifications to virtually any communication devices, The software
is accessible using a web browser via the Internet, LAN, WAN or phone line,
Communicator! NXT provides rules-based staff and group notifications and allows easy
integration with other technologies, Operational efficiencies allow you to:
D Automate communications related to crisis management
D Reduce the risk of human error and manual call tree breakdown
D Free key personnel and dispatchers from placing and receiving calls
D Gather feedback, which is vital for timely and appropriate response
D Promote faster, more informed decision-making
D Streamline the entire notification and communications process
D Automate routine communications to improve standard workflows
D Deliver documented results for improved audit trail and liability measures
GeoCast on the Web
GeoCast Web is a GIS-driven notification solution, accessible via the Internet, for
emergency and routine communications with your geographic locations, It utilizes ESRI's
ArcIMS technology, enabling users, regardless oftheir physical location, to view designated
maps, select notification areas and activate one-time notifications or pre-defined notifications
quickly and securely through the worldwide web,
DCC's GeoCast Web is typically provided as a companion product to Communicator! NXT,
expanding its list-based communications to include geographical or map-based notifications, It
allows users to utilize on-premise phone lines for notification, or off-load notifications to other
on- or off-site systems, such as DCC's Hosting Center for high-volume communications,
GeoCast on the Web:
D Enables viewing and selection of maps and associated layers
D Uses flexible shapes such as circles, polygons and rectangles to select notification areas
10
Page 10
D Enables selection of multiple areas on a single map
D Provides point-based directional calling capability for notification
D Supplies radius of circle selections in notification area dynamically during selection
D Delivers pre-recorded or "on-the-fly" messages to call recipients
D Includes the ability to pre-define notifications, areas and messages
D Provides auto-detection of answering machines for message delivery
D Stores selected areas for later use
D Allows the creation of specialized layers from existing layers
D Supports searching of map layers for specific information and locations
D Validates notification server availability automatically, including rollover capability
D Capable of supporting multiple maps on a single server
Configuration
Communicator! NXT and GeoCast on the Web is proposed in an 8-port configuration, meaning
the eight phone lines connected to the City's current notification system can be utilized for the
upgraded system,
The 8-port configuration would be supported by a new PC server, and new voice boards for
facilitating communication between the telephone and computer.
Hardware Configuration
1 - SC743i-R760 Chassis w/760W Triple RD PS, Horz Bays
1 - Supermicro X6DH8-XB Dual Intel@ 64-bit Xeon@, 800 MHz FSB, Motherboard
1 - Intel XEON 3,OE GHz 800MHz 604pin 2M
4 - 1GB DDR333/266 buffered (registered) ECC SDRAM
2 - WD800JD, n-bit, 184-pin DIMM 80GB WD 3,5-inch SATA nOOrpm 8MB I-inch Height
1 - Creative Labs Sound Blaster Live 5,1
1 - BenQ DVD-RW DQ60 16X Black w/Nero Software w/NERO 6.3 CD/DVD BURNING-
OEM
1 - Sony FDD 1.44MB 3,5" PS2- Black
1 - Keytronics 104 key Keyboard, 2 button Mouse- Black
1 - 4U Chassis Rail Kit for SC942i (Includes Side Handles)
2 - 3Com U.S, Robotics 56K Modem, External
2 - 6' Modem cable
1 - AOpen LCD 17 inch 1280xl024 0,264mm Black No Speakers
Services
DCC proposes a comprehensive package of services to enhance the notification technologies
proposed, This package represents a turn-key solution, designed to deliver success,
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Hosting Center Back-up/Call Supplementation
DCC's Hosting Center back-up offers an alternative communications plan for the "what ifs",
Depending on your situation, your own phone lines may be rendered unavailable, Or, you could
need expanded calling capabilities for notifications that need to be delivered faster than your on-
site 8-port system can deliver.
The Hosting Center service offers up to 192, or 500 phone lines for delivering expedient
notifications, The Hosting Center includes a dedicated fiber optic network located in an ISO
9001:2000 and SAS 70 certified data center.
Installation
DCC proposes three days on-site for Installation, A highly-trained technician will be dispatched
on-site to accomplish a professional installation topped off by a Testing and Acceptance Plan,
Training
DCC's training program proposal includes tuition for two at three-day "train the trainer" classes
at DCC University in Franklin, Tennessee near Nashville, Additionally, training options are
available that include web training and on-site training,
Support
One year of DCC support is offered free-of-charge with the updated technology proposed, The
City's current support agreement is active through 1-31-2007, The balance between execution of
a contract for the updated technology and 1-31-2007 will be credited to the City, thus extending
the support offered with the updated technology beyond one year,
DCC's support offering provides direct access to a knowledgeable and industry-renowned help
desk, The City will also be given access to DCC's support website for times when a phone call
may not be required,
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Page 12
EXHIBIT B
PAYMENT RATES & SCHEDULE
Narre: T~'rIecut;j RFP ResDO"U
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12'C7,"C~
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lJP '.:;;';589
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1 f.IIUr (:;:n"l'IJI;:.II::II'!~.~rl"Jn:: , ;1'..:,r'1: f1~ " ;4.:r.1:'.fI , )4.XJJ'.1r..
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1 (".!Gt';1 'i.',~!: r.I.tl(li'l~ M::.I.II:: (~, lJ:l!:llI",'",1 ~,',11r. N:,i\-,Jr.1S) ;.;~'.'''~r;::;;, , 0.:='1;"1: 1 '7.~m;JI , 1;.,;.(".1['
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Page 13
ITEM NO.6
Approvals
City Attorney
Director of Finance
City Manager
~
/J1l
ao..-
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Grant Yates, Deputy City Manager
DATE:
January 23, 2007
SUBJECT:
2007 Workers' Compensation Coverage Annual Renewal
PREPARED BY:
Denise Lanier, Senior Human Resources Analyst
RECOMMENDATION: That the City Council renew a contract with (AIG) American
International Group, using Commerce and Industry Insurance Company, as the City's Employee
Workers' Compensation Insurance Carrier for 2007; for a premium cost of $405,501, which begins
on February 1,2007,
BACKGROUND: Workers' Compensation Insurance continues to recover with rates
showing significant decreases, Because of legislation passed in 2004, carriers, who were severely
affected by past "open rating" market competition and increased claim costs, are still experiencing
profitability and are willing to offer reduced rates for this line of coverage,
The City's insurance broker, Mike Bush of Brown & Brown, Inc, /CaISurance, requested 11 market
quotes and looked into workers' compensation pools, In addition, he worked with three carriers
exploring the possibility of the City becoming self-insured, Mr. Bush was requested to explore all of
these areas in an effort to ensure that the market carriers knew that the City was serious about
obtaining the best coverage at the lowest rate,
All market carriers were contacted with three providing quotations or indications, The quote from the
incumbent group, using Commerce and Industry Insurance Company (AI G), was the most
economical of the bids, Their proposal represents a 3,1% decrease in premium from 2006, It is
reflective of a 25,9% payroll increase and a 23% decrease in their combined rates and the City's
estimated experience modification, The Commerce and Industry Insurance Company (AIG)
premium quote for the 2007 Workers' Compensation Plan Year (2/01/07 - 1/31/08) is $405,501,
This quote is $12,975 below the quote provided last year by (AIG) and is a savings of $186,242
under the premium developed using last year's rates and modification and this year's estimated
payroll. As a point of historical perspective, the City's 2006 Workers' Compensation premium was
$418,476, before final audit.
Self-insurance proposals, were obtained offering self-insured retentions ranging from a low of
$500,000 to a high of $1 ,000,000, The risk of retaining liability at this level for each and every loss,
without availability of a stop loss feature, especially in view of a major catastrophe, does not appear
prudent at this time,
Based on the above listed quote, City staff recommends the City's workers' compensation coverage
remain with Commerce and Industry Insurance Company (AIG) for the 2007 Plan Year. The
Commerce and Industry Insurance Company (AIG) quote reflects the estimated amount for the
contract year and may be higher or lower depending on actual audited payroll. Staff believes the
quote reflects the best that can be expected for the 2007 contract year. Our Loss Prevention
Program will remain under the leadership of the City's Safety Committee, which has done an
outstanding job as evident by our expiring experience rating of 83%, which means that the City's
loss experience is 17% better than comparable municipal employers,
FISCAL IMPACT: No additional appropriation is requested, as adequate funds are available
within the current budget.
ITEM NO.7
Approvals
City Attorney
Director of Finance
City Manager
~
11/2
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Grant Yates, Deputy City Manager
DATE:
January 23, 2007
SUBJECT:
Approval of Sub-Lease with County of Riverside for Animal Shelter Construction
RECOMMENDATION:
That the City Council:
1, Approve the attached Sub-Lease with Riverside County for the City of Temecula's share
relating to the construction of the Southwest County Animal Shelter;
2, Adopt a Resolution entitled:
RESOLUTION NO. 07-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN SUB-LEASE
AGREEMENT BY AND BETWEEN THE COUNTY OF RIVERSIDE,
AS SUB-LESSOR, AND THE CITY OF TEMECULA, AS SUB-
LESSEE, RELATING TO SOUTHWEST COMMUNITIES
FINANCING AUTHORITY 2007 LEASE REVENUE BONDS SERIES
A (COUNTY OF RIVERSIDE CAPITAL PROJECT) ANIMAL
SHELTER
BACKGROUND: On April 24, 2005, the City Council approved Temecula's participation in a
Joint Powers Authority referred to as the Southwest Communities Financing Authority (SCFA), The
member agencies of the SCFA include the Cities of Temecula, Murrieta, Lake Elsinore, Canyon
Lake and the County of Riverside, The express purpose of the JPA is to fund and construct an
animal shelter, located in Wildomar, that will serve the region,
Temecula has contracted for animal control and sheltering services with Animal Friends of the
Valley (AFV) since 1995, I n addition, Animal Friends of the Valley also provides animal control and
sheltering services to the cities of Murrieta, Lake Elsinore and Canyon Lake and sheltering services
for Riverside County and making it practical for all of these agencies to jointly fund a new shelter.
This approach is the most cost effective way of providing much needed and legally required animal
sheltering services to the region,
AFV's current shelter consists of outdoor holding cages and trailers, This facility has outlived its
useful life and will not be able to meet the future needs of the region, Therefore, a new shelter is
being proposed to be built on land owned by the Elsinore Valley Municipal Water District and leased
to AFV, who will in turn lease the land to the SCF A for construction of the shelter. This $1 per year
lease will remain in effect until the bonds for the facility are paid off,
This shelter has been in the planning stages for a number of years, The proposed facility is
approximately 32,000 square feet and consists of administrative space, a class room,
clinical/medical spaces, holding areas to house animals, isolation rooms, pet adaptation areas and
public surrender and retrieval areas, The project architect, George Meyers, has extensive
experience designing and constructing animal shelters and this facility is designed to meet the
current and future needs of the region,
The project construction budget is set not to exceed $13,5 million dollars, Under the terms of the
Sub-Lease, Temecula is responsible for our proportionate share of the animals that are housed in
the shelter. Currently, a total of 20,2% of the animals that are housed in the shelter are Temecula
animals, This proportionate share of the facility equates to an annual lease payment of $224,385
annually, Under the terms of the Sub-Lease, this percentage and payment will be adjusted annually
as the percentage of Temecula animals change, Historically, the percentage of Temecula animals
in the shelter has been in the 18-23% range and we are estimating this percentage of animals
housed in the shelter will remain relatively constant.
The SCF A Board met on January 18, 2007 and approved the financing program where the County
will be responsible for issuing the debt and all JPA members will pay an annual lease payment
based on each agencies proportionate share of shelter usage, The bonds will have a 30 year life
and once they are paid off, the ownership of the facility will be turned over to AFV, However, AFV
will be contractually required, after the bonds have been retired, to provide sheltering services from
this facility to any member agency that wishes to continue to have their sheltering services at this
location, This agreement insures that the Wildomar shelter location will continue to serve as the
regional animal shelter for many years into the future,
FISCAL IMPACT: Funds forthis agreement will be included in the Animal Control budget in the
upcoming fiscal year. The current contribution, based on Temecula's 20,2% proportionate share of
animals housed in the shelter, is $224,385,
ATTACHMENTS:
Sub-Lease Agreement
Resolution Approving Sub-Lease Agreement
SUB-LEASE AGREEMENT
Dated as of
1, 2007
by and between the
COUNTY OF RIVERSIDE,
as Sub-lessor
and the
CITY OF
as Sub-lessee
Relating to
$
Southwest Communities Financing Authority
2007 Lease Revenue Bonds
Series A
(County of Riverside Capital Project)
R VPUBIKBYRENS\ 722448,)
SUB-LEASE AGREEMENT
THIS SUB-LEASE AGREEMENT (this "Sub-Lease Agreement"), dated as of
1, 2007, is by and between the COUNTY OF RIVERSIDE, a division of the
State organized and existing under the laws of the State of California, as Sub-lessor (the
"County"), and the City of a municipal corporation organized and existing
under the laws of the State, as sub-lessee (the "City");
WITNESSETH:
WHEREAS, the Southwest Communities Financing Authority (the "Authority") is a
joint powers authority duly organized and existing under and pursuant to that certain Joint
Exercise of Powers Agreement dated as of November 30, 2004, (the "Joint Exercise of Powers
Agreement") executed by and among the County, the City of Canyon Lake, the City of Lake
Elsinore, the City of Murrieta, and the City of Temecula (together, the "Member Agencies"); and
WHEREAS, under Article 4 (commencing with Section 6584) of Chapter 5 of Division
7 of Title 1 of the California Government Code (the "Bond Law") the Authority is authorized to
borrow money for the purpose of financing the acquisition of bonds, notes and other obligations
of, or for the purpose of making loans to, public entities including the Member Agencies, and to
provide financing for public capital improvements of public entities including the Member
Agencies and to lease such public capital improvements including the land on which the public
capital improvements are or will be located; and
WHEREAS, the Authority has leased a certain parcel (the "Leased Premises") from
Animal Friends of the Valleys ("AFV") pursuant to a Ground Lease, dated 1,
2007, by and between the AFV, as Sub-lessor, and the Authority, as sub-lessee (the "Ground
Lease"), and wishes to lease the Leased Premises and improvements constructed thereon to the
County pursuant to the laws of the State of California to enter into a Lease Agreement, dated
1,2007, between the County and the Authority (the "Lease Agreement"); and
WHEREAS, the Lease Premises are leased to the AF\jmrsuant to a n Amended and
Restated Site Lease Agreement between the Elsinore Valley Municipal Water District and AFV,
dated , 2007 (the "AFV Lease"), and this Sub-Lease Agreement is subject to the
AFV Lease; and
WHEREAS, the County is subleasing a portion of the Leased Premises to the City
pursuant to this Sub-Lease in consideration for the City's proportionate use and occupancy of the
Leased Premises; and
WHEREAS, the Leased Premises constitute a public capital improvement, as that term is
defined in the Bond law; and
WHEREAS, the Authority shall lease the Leased Premises to the County for the purpose
(among others) of operating an animal shelter and the rent thereon shall provide amounts
sufficient to pay the principal of and interest on the Bonds (as defined herein); and
RVPUBIKBYRENSI722448, 1
2
WHEREAS, for the pUlpose of providing moneys to acquire or construct capital projects
of the County, the Authority proposes to issue its $ aggregate principal amount
2007 Lease Revenue Bonds, Series A (County of Riverside Capital Project) (the "Bonds") under
that certain Indenture of Trust dated as of 1, 2007 (the "Indenture") by and
between the Authority and [Trustee], as trustee; and
WHEREAS, all conditions to the execution and delivery of this Sub-Lease Agreement
have been satisfied and the County and the City are duly authorized to execute and deliver this
Sub-Lease Agreement;
NOW, THEREFORE, for and in consideration of the premises and the material
covenants hereinafter contained, the parties hereto hereby formally covenant, agree and bind
themselves as follows:
ARTICLE I
DEFINITIONS AND EXHIBITS
SECTION 1.01 Definitions, Unless the context clearly otherwise requires or unless
otherwise defined herein, the capitalized terms in this Sub-Lease Agreement shall have the
respective meanings specified in Section 1.01 of the Lease Agreement and Section 1.01 of the
Indenture,
SECTION 1.02 Exhibits, The following exhibits are attached to, and by this
reference made a part of, this Sub- Lease Agreement.
Exhibit A: Description ofthe Leased Premises,
ARTICLE II
REPRESENT A TIONS, COVENANTS AND WARRANTIES
SECTION 2.01 Revresentations, Covenants and Warranties of the Citv, The City
makes the following covenants, representations and warranties to the County as of the date of the
execution and delivery of this Sub-Lease Agreement:
(a) Due Organization and Existence, The City is a municipal corporation duly
organized and validly existing under the laws of the State, has full legal right, power and
authority under the laws of the State to enter into this Sub-Lease Agreement and to carry out and
consummate all transactions contemplated hereby and thereby, and by proper action the City has
duly authorized the execution and delivery ofthis Sub-Lease Agreement.
(b) Due Execution, The representatives of the City executing this Sub-Lease
Agreement have been fully authorized to execute the same pursuant to a resolution duly adopted
by the City Council.
(c) Valid, Binding and Enforceable Obligations, This Sub-Lease Agreement has
been duly authorized, executed and delivered by the City and constitutes the legal, valid and
binding agreement ofthe City enforceable against the City in accordance with the terms hereof.
RVPUBIKBYRENSI722448, 1
3
(d) No Conflicts, The execution and delivery of this Sub-Lease Agreement, the
consummation of the transactions herein contemplated and the fulfillment of or compliance with
the terms and conditions hereof, do not and will not conflict with or constitute a violation or
breach of or default (with due notice or the passage of time or both) under any applicable law or
administrative rule or regulation, or any applicable court or administrative decree or order, or any
indenture, mortgage, deed of trust, lease, contract or other agreement or instrument to which the
City is a party or by which it or its properties are otherwise subject or bound, or result in the
creation or imposition of any prohibited lien, charge or encumbrance of any nature whatsoever
upon any of the property or assets of the City, which conflict, violation, breach, default, lien,
charge or encumbrance would have consequences that would materially and adversely affect the
consummation of the transactions contemplated by this Sub-Lease Agreement or the financial
condition, assets, properties or operations of the City,
(e) Consents and Approvals, No consent or approval of any trustee or holder of any
indebtedness of the City or of the voters of the City, and no consent, permission, authorization,
order or license of, or filing or registration with, any governmental authority is necessary in
connection with the execution and delivery of this Sub-Lease Agreement, or the consummation
of any transaction herein contemplated, except as have been obtained or made and as are in full
force and effect.
(f) No Litigation, There is no action, suit, proceeding, inquiry or investigation before
or by any court or federal, state, municipal or other governmental authority pending or, to the
knowledge of the City after reasonable investigation, threatened against or affecting the City or
the assets, properties or operations of the City which, if determined adversely to the City or its
interests, would have a material and adverse effect upon the consummation of the transactions
contemplated by or the validity of this Sub-Lease Agreement, or upon the financial condition,
assets, properties or operations of the City, and the City is not in default with respect to any order
or decree of any court or any order, regulation or demand of any federal, state, municipal or other
governmental authority, which default might have consequences that would materially and
adversely affect the consummation of the transactions contemplated by this Sub-Lease
Agreement or the financial conditions, assets, properties or operations ofthe City,
(g) Essentialitv, The Leased Premises and Facilities constitute property that IS
essential to carrying out the governmental functions ofthe City,
SECTION 2.02 Revresentations, Covenants and Warranties of Countv, The
County makes the following covenants, representations and warranties to the City as of the date
ofthe execution and delivery ofthis Sub-Lease Agreement:
(a) Due Organization and Existence, The County is a division of the State duly
organized and existing under and by virtue of the laws of the State; has power to enter into this
Sub-Lease Agreement and the Lease Agreement; is possessed of full power to own and hold,
improve and equip real and personal property, and to lease the same; and has duly authorized the
execution and delivery of each of the aforesaid agreements and such agreements constitute the
legal, valid and binding agreements of the County, enforceable against the County in accordance
with their respective terms,
RVPUBIKBYRENSI722448, 1
4
(b) Due Execution, The representatives of the County executing this Sub-Lease
Agreement and the Lease Agreement are fully authorized to execute the same pursuant to official
action taken by the Board of Supervisors of the County,
(c) Valid Binding and Enforceable Obligations, This Sub-Lease Agreement and the
Lease Agreement have been duly authorized, executed and delivered by the County and
constitute the legal, valid and binding agreements of the County, enforceable against the County
in accordance their respective terms,
(d) No Conflicts, The execution and delivery of this Sub-Lease Agreement and the
Lease Agreement, the consummation of the transactions herein contemplated and the fulfillment
of or compliance with the terms and conditions hereof and thereof, do not and will not conflict
with or constitute a violation or breach of or default (with due notice or the passage of time or
both) under any applicable law or administrative rule or regulation, or any applicable court or
administrative decree or order, or any indenture, mortgage, deed of trust, lease, contract or other
agreement or instrument to which the County is a party or by which it or its properties are
otherwise subject or bound, or result in the creation or imposition of any prohibited lien, charge
or encumbrance of any nature whatsoever upon any of the property or assets of the County,
which conflict, violation, breach, default, lien, charge or encumbrance would have consequences
that would materially and adversely affect the consummation of the transactions contemplated by
this Sub-Lease Agreement and the Lease Agreement or the financial condition, assets, properties
or operations ofthe County,
(e) Consents and Aoorovals, No consent or approval of any trustee or holder of any
indebtedness of the County, and no consent, permission, authorization, order or license of, or
filing or registration with, any governmental County is necessary in connection with the
execution and delivery of this Sub-Lease Agreement or the Lease Agreement, or the
consummation of any transaction herein or therein contemplated, except as have been obtained
or made and as are in full force and effect.
(f) No Litigation, There is no action, suit, proceeding, inquiry or investigation before
or by any court or federal, state, municipal or other governmental Authority pending or, to the
knowledge of the County after reasonable investigation, threatened against or affecting the
County or the assets, properties or operations of the County which, if determined adversely to the
County or its interests, would have a material and adverse effect upon the consummation of the
transactions contemplated by or the validity of this Sub-Lease Agreement or the Lease
Agreement, or upon the financial condition, assets, properties or operations of the County, and
the County is not in default with respect to any order or decree of any court or any order,
regulation or demand of any federal, state, municipal or other governmental County, which
default might have consequences that would materially and adversely affect the consummation
of the transactions contemplated by this Sub-Lease Agreement or the Lease Agreement or the
financial conditions, assets, properties or operations ofthe County,
RVPUBIKBYRENSI722448, 1
5
ARTICLE III
THE BONDS
SECTION 3.01 The Bonds, The Authority has authorized the issuance of the
Bonds pursuant to the Indenture in the aggregate principal amount of
Dollars ($ ), The Authority has contracted with the County to use the proceeds of
sale of the Bonds to construct the Facilities and such proceeds shall be paid to the Trustee on the
Closing Date for deposit and application pursuant to the terms and conditions ofthe Indenture,
SECTION 3.02 Pavment of Costs of Issuance, Payment of all Costs of Issuance
shall be made from the moneys deposited with the Trustee in the Costs of Issuance Fund, which
moneys shall be disbursed for such purpose in accordance with Section 3,03 of the Indenture,
The City shall deposit the amount of $ for payment of its proportionate share of
those Costs of Issuance which may not be funded from the proceeds of the Bonds, Any Costs of
Issuance for the payment of which insufficient funds shall be available on deposit in the Costs of
Issuance Fund, shall be paid by the Member Agencies, and the City shall pay its proportionate
share as determined by the County,
ARTICLE IV
LEASE; TERM OF THIS LEASE AGREEMENT; RENTAL PAYMENTS
SECTION 4.01
Lease bv Authoritv and Lease to Countv,
(a) For consideration described therein, AF'f1as leased to the Authority, pursuant to
the Ground Lease, the Site for the Term stated therein, plus one week following the end of the
Term ofthe Ground Lease,
(b) For consideration described therein, the Authority has leased the Leased Premises
to the County, and the County has leased the Leased Premises from the Authority, upon the
terms and conditions set forth in the Lease Agreement.
(c) The County hereby leases the Leased Premises to the City, and the City hereby
leases the Leased Premises from the County, upon the terms and conditions set forth in this Sub-
Lease Agreement.
(d) The City hereby takes possessIOn of its proportionate share of the Leased
Premises on the Closing Date,
SECTION 4.02 Term of Lease Azreement, The Term ofthis Sub-Lease Agreement
shall be commensurate with the Term of the Leased Agreement and this Sub-Lease Agreement,
and shall terminate upon the earlier of the final date of the Term of this Sub-Lease Agreement of
the date that Lease Payments due hereunder shall have been paid or made available for payment
pursuant to this Sub-Lease Agreement,
SECTION 4.03
Lease Pavments; Securitv Devosit,
(a) Obligation to Pay, In consideration of the Sub-Lease by the County of the Leased
Premises and in consideration of the issuance of the Bonds by the Authority for the purpose of
RVPUBIKBYRENSI722448, 1
6
constructing the Facilities, and subject to the provisions of Sections 6,01 and 6,03 of the Lease
Agreement, the City agrees to pay to the County, its successors and assigns, as rental for the use
and occupancy of the Leased Premises during each Fiscal Year, the Lease Payments for the use
of the Leased Premises to be due and payable on August 1 of each year of the Term of this Sub-
Lease, The Lease Payments coming due and payable in any Fiscal Year shall be for the City's
use of the Leased Premises for such Fiscal Year as determined by the Authority and the County,
The Lease Payments due hereunder shall be the City's percentage of animals housed in the
Facilities for the previous calendar year in relation to the total number of animals housed in the
Facilities for the previous calendar year multiplied by the total Lease Payment due by the County
under the Lease Agreement.
(b) rReservedl
(c) Rate on Overdue Pavments, In the event the City should fail to make any of the
payments required in this Section 4,03, the payment in default shall continue as an obligation of
the City until the amount in default shall have been fully paid, and the City agrees to pay the
same with interest thereon, to the extent permitted by law, from the date of default to the date of
payment at the rate per annum equal to the average interest rate on the Bonds, Such interest, if
received, shall be deposited by the County in the Bond Fund,
(d) Fair Rental Value, The Lease Payments and Miscellaneous Rent coming due and
payable hereunder in each Fiscal Year shall constitute the total rental for the Leased Premises for
each Fiscal Year and shall be paid by the City in each Fiscal Year for and in consideration of the
right of the use and occupancy of, and the continued quiet use and enjoyment of, the Leased
Premises during each Fiscal Year. The parties hereto have agreed and determined that the total
amount of such Lease Payments and Miscellaneous Rent for the Leased Premises do not exceed
the fair rental value of the Leased Premises, In making such determination, consideration has
been given to the obligations of the parties under this Sub-Lease Agreement, the uses and
purposes which may be served by the Leased Premises and the benefits therefrom which will
accrue to the City and the general public,
(e) Source of Payments; Budget and Appropriation, The Lease Payments shall be
payable from any source of available funds of the City, The City covenants to take such action
as may be necessary to include all Lease Payments and Miscellaneous Rent due hereunder in
each of its budgets during the Term of this Sub-Lease Agreement and to make the necessary
annual appropriations for all such Lease Payments and Miscellaneous Rent, The covenants on
the part of the City herein contained shall be deemed to be and shall be construed to be
ministerial duties imposed by law and it shall be the duty of each and every public official of the
City to take such action and do such things as are required by law in the performance of the
official duty of such officials to enable the City to carry out and perform the covenants and
agreements in this Sub-Lease Agreement agreed to be carried out and performed by the City,
The City and the County understand and intend that the obligation of the City to pay Lease
Payments and other payments hereunder constitutes a current expense of the City and shall not
in any way be construed to be a debt of the City in contravention of any applicable constitutional
or statutory limitation or requirement concerning the creation of indebtedness by the County,
nor shall anything contained herein constitute a pledge of the general tax revenues, funds or
RVPUBIKBYRENSI722448, 1
7
moneys of the City, Lease Payments due hereunder shall be payable only from current funds
which are budgeted and appropriated, or otherwise legally available, for the purpose of paying
Lease Payments or other payments due hereunder as consideration for use of the Leased
Premises during the Fiscal Year for which such funds were budgeted and appropriated or
otherwise made legally available for such purpose, This Sub-Lease Agreement shall not create
an immediate indebtedness for any aggregate payments which may become due hereunder. The
City has not pledged the full faith and credit of the City, the State or any agency or department
thereof to the payment of the Lease Payments or any other payments due hereunder, the Bonds
or the interest thereon,
(f) Prepavment of Leased Premises, Notwithstanding any other provision of this
Sub-Lease Agreement, the City may on any date secure the payment of the Lease Payments in
whole by depositing with the County an amount of cash, which is sufficient to pay such Lease
Payments for the remaining Term but only for the purpose of withdrawing from the Authority
pursuant to the provisions of Section 7(g) of the Joint Exercise of Powers Agreement. The
amount of the remaining Lease Payments shall be determined by the County based upon the
average of the previous three years of Lease Payments hereunder plus any premium associated
with prepayment of Lease Payments by the County pursuant to Section 4,05 of the Lease
Agreement,
SECTION 4.04 Quiet En/ovment, During the Term of this Sub-Lease Agreement,
the Authority shall provide the City with quiet use and enjoyment of the Leased Premises, and
the City shall, during such Term, peaceably and quietly have and hold and enjoy the Leased
Premises without suit, trouble or hindrance from the County, except as expressly set forth in this
Sub-Lease Agreement. The County will, at the request of the City and at the City's cost, join in
any legal action in which the City asserts its right to such possession and enjoyment to the extent
the County may lawfully do so,
SECTION 4.05 Title, During the Term of this Sub-Lease Agreement, the City
shall hold a leasehold in the Leased Premises, and in any and all additions which comprise
fixtures, repairs, replacements or modifications to the Leased Premises, except for those fixtures,
repairs, replacements or modifications which are added to the Leased Premises by the City at its
own expense and which may be removed without damaging the Leased Premises and except for
any items added to the Leased Premises by the City pursuant to this Sub-Lease Agreement. All
right, title and interest of the City, the County, and the Authority in and to the Leased Premises
shall be transferred to and vested in AFV, after all of Lease Payments and Miscellaneous Rent
due hereunder and under the Lease Agreement shall have been paid and the Lease Agreement
shall have been deemed paid, The City agrees to take any and all steps and execute and record
any and all documents reasonably required by AFV to consummate any such transfer oftitle,
SECTION 4.06 Miscellaneous Rent, In addition to the Lease Payments, the City
shall pay when due its proportionate share ofthe following items of Miscellaneous Rent:
(a) all fees and expenses incurred by the County in connection with or by reason of
its leasehold estate in the Leased Premises as and when the same become due and payable;
RVPUBIKBYRENSI722448, 1
8
(b) all reasonable compensation and indemnification to the Trustee pursuant to
Section 8,06 of the Indenture for all services rendered under the Indenture and for all reasonable
expenses, charges, costs, liabilities, legal fees and other disbursements incurred in and about the
performance of its powers and duties under the Indenture;
(c) the reasonable fees and expenses of such accountants, consultants, attorneys and
other experts as may be engaged by the County, the Authority or the Trustee to prepare audits,
financial statements, reports, opinions or provide such other services required under the Lease
Agreement or the Indenture; and
(d) the reasonable out-of-pocket expenses of the County, including the fees charged
by the County for its participation in the financing of the Facilities, and Authority in connection
with the execution and delivery of the Lease Agreement or the Indenture, or in connection with
the issuance of the Bonds, including but not limited to amounts payable pursuant to Section 5,11,
any compensation and indemnification due to the Insurer and including, but not limited to, any
and all expenses incurred in connection with the authorization, issuance, sale and delivery of the
Bonds, or incurred by the County and Authority in connection with any litigation which may at
any time be instituted involving the Lease Agreement, the Bonds, the Indenture or any of the
other documents contemplated hereby or thereby, or otherwise incurred in connection with the
administration ofthe Lease Agreement.
SECTION 4.07 Substitution or Release of Leased Premises, In the event that the
County substitutes or releases all or any portion of the Leased Premises pursuant to Section 4,09
of the Lease, then this Sub- Lease shall be amended by the City and County to conform to the
description of real property and facilities thereon which constitute Leased Premises or Substitute
Leased Premises under the Lease Agreement, as amended,
ARTICLE V
MAINTENANCE; TAXES; INSURANCE; USE
LIMITATIONS; AND OTHER MATTERS
SECTION 5.01 Maintenance, Utilities, Taxes and Assessments, Throughout the
Term of the Lease Agreement the County has agreed to pay all improvement, repair and
maintenance of the Leased Premises and Facilities, The County has also agreed to pay for or
otherwise arrange for the payment of all utility services supplied to the Leased Premises which
may include, without limitation, janitor service, security, power, gas, telephone, light, heating,
water taxes, all applicable insurance under the Lease Agreement, and all other utility services,
and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement
of the Leased Premises resulting from ordinary wear and tear or want of care on the part of the
County or any assignee or sub-lessee thereof. The City will reimburse the County the City's
proportionate share of the operation and maintenance costs of the Leased Premises and those
expenses required under Sections 7(a) - (f) of the Joint Exercise of Powers Agreement, The City
waives the benefits of subsections 1 and 2 of Section 1932 of the California Civil Code, but such
waiver shall not limit any ofthe rights ofthe City under the terms of this Lease Agreement,
SECTION 5.02 Liens, Neither the County nor the City shall, directly or indirectly,
create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim
RVPUBIKBYRENSI722448, 1
9
on or with respect to any portion of the Leased Premises and Facilities, other than the respective
rights of the County and the City as provided herein and other than Permitted Encumbrances,
Except as expressly provided in this Article V, the County and the City shall promptly, at their
own expense, take such action as may be necessary to duly discharge or remove any such
mortgage, pledge, lien, charge, encumbrance or claim, for which it is responsible, if the same
shall arise at any time, The City shall reimburse the County for any expense incurred by it in
order to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim,
ARTICLE VI
DAMAGE, DESTRUCTION AND EMINENT DOMAIN;
USE OF NET PROCEEDS
SECTION 6.01 Damaze and Destruction of Leased Premises, In the event that the
Facilities are damaged, destroyed or subject to condemnation pursuant to Article VI of the Lease
Agreement, the County shall use the net proceeds of insurance or condemnation award as
provided in the Lease Agreement and the Indenture, The County shall provide City with an
accounting of the use of such net proceeds to either rebuild or replace the Facilities or pay the
principal of and interest on the Bonds, The City shall continue to make Lease Payments in
accordance with Section 4,03(a) hereof, provided, however, that the County shall reduce any
Lease Payments payable hereunder in the event that Bonds have been prepaid and redeemed
from Net Proceeds in proportion to the City's remaining use ofthe Facilities to the whole,
ARTICLE VII
[RESERVED]
ARTICLE VIII
ASSIGNMENT, SUBLEASING AND AMENDMENT
SECTION 8.01 Asslznment bv the Authorzty, The Authority's rights under the
Lease Agreement, including the right to receive and enforce payment of the Lease Payments to
be made by the County under the Lease Agreement, have been pledged and assigned to the
Trustee for the benefit of the Owners of the Bonds pursuant to the Indenture, to which pledge
and assignment the County has consented under the Lease Agreement,
SECTION 8.02 Assiznment and Subleasinz bv the City, This Sub-Lease
Agreement may not be assigned by the City, Additionally, the City may not sublease the Leased
Premises and Facilities or any portion thereof.
SECTION 8.03 Amendment Hereof The County and the City may at any time
amend or modify any of the provisions of this Sub-Lease Agreement by written agreement and
consent ofthe Authority,
ARTICLE IX
EVENTS OF DEFAULT; REMEDIES
SECTION 9.01 Events of Default Defined. The following shall be "Events of
Default" under this Sub-Lease Agreement:
RVPUBIKBYRENSI722448, 1
10
(a) Failure by the City to pay any Lease Payment required to be paid hereunder at the
time specified herein,
(b) Failure by the City to make any Miscellaneous Rent payment required hereunder
and the continuation of such failure for a period ofthirty (30) days,
(c) Failure by the City to observe and perform any covenant, condition or agreement
on its part to be observed or performed, other than as referred to in the preceding clauses (a) or
(b), for a period ofthirty (30) days after written notice specifying such failure and requesting that
it be remedied has been given to the City by the County or the Authority; provided, however,
that if in the reasonable opinion of the City the failure stated in the notice can be corrected, but
not within such sixty (60) day period, such failure shall not constitute an Event of Default if the
City shall commence to cure such failure within such sixty (60) day period and thereafter
diligently and in good faith shall cure such failure in a reasonable period of time,
(d) The filing by the City of a voluntary petition in bankruptcy, or failure by the City
promptly to lift any execution, garnishment or attachment, or adjudication of the City as a
bankrupt, or assignment by the City for the benefit of creditors, or the entry by the City into an
agreement of composition with creditors, or the approval by a court of competent jurisdiction of
a petition applicable to the City in any proceedings instituted under the provisions of applicable
federal bankruptcy law, or under any similar acts which may hereafter be enacted,
SECTION 9.02 Remedies on Default, Whenever any Event of Default referred to
in Section 9,01 shall have happened and be continuing, it shall be lawful for the County to
exercise any and all remedies available pursuant to law or granted pursuant to this Sub-Lease
Agreement; provided, however, that notwithstanding anything to the contrary herein, there shall
be no right under any circumstances to accelerate the Lease Payments or otherwise declare any
Lease Payments not then in default to be immediately due and payable or to terminate this Sub-
Lease Agreement or to cause the leasehold interest of the County or the subleasehold interest of
the City in the Leased Premises to be sold, assigned or otherwise alienated, Each and every
covenant hereofto be kept and performed by the City is expressly made a condition and upon the
breach thereof the County may exercise any and all rights of entry and re-entry upon the Leased
Premises and Facilities, subject to the provisions of the AFV Lease, In the event of such default
and notwithstanding any re-entry by the County, the City shall, as herein expressly provided,
continue to remain liable for the payment of the Lease Payments and/or damages for breach of
this Sub-Lease Agreement and the performance of all conditions herein contained, and in any
event such rent and damages shall be payable to the County at the time and in the manner as
herein provided, to wit:
RVPUBIKBYRENSI722448, 1
11
(a) The City agrees to and shall remain liable for the payment of all Lease Payments
and the performance of all conditions herein contained and shall reimburse the County for any
deficiency arising out of the re-leasing of the Leased Premises and Facilities, or, in the event the
County is unable to relet the Leased Premises and Facilities, then for the full amount of all Lease
Payments to the end of the Term of this Sub-Lease Agreement, but said Lease Payments and/or
deficiency shall be payable only at the same time and in the same manner as hereinabove
provided for the payment of Lease Payments hereunder, notwithstanding such entry or re-entry
by the County or any suit in unlawful detainer, or otherwise, brought by the County for the
purpose of effecting such re-entry or obtaining possession of the Leased Premises and Facilities
or the exercise of any other remedy by the County,
SECTION 9.03 No Remedv Exclusive, No remedy herein conferred upon or
reserved to the County is intended to be exclusive and every such remedy shall be cumulative
and shall, except as herein expressly provided to the contrary, be in addition to every other
remedy given under this Sub-Lease Agreement or now or hereafter existing at law or in equity,
No delay or omission to exercise any right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver thereof, but any such right and power
may be exercised from time to time and as often as may be deemed expedient, In order to entitle
the County to exercise any remedy reserved to it in this Article IX it shall not be necessary to
give any notice, other than such notice as may be required in this Article IX or by law,
SECTION 9.04 Azreement to Pav Attornevs' Fees and Exvenses, In the event
either party to this Sub-Lease Agreement should default under any of the provisions hereof and
the nondefaulting party should employ attorneys or incur other expenses for the collection of
moneys or the enforcement or performance or observance of any obligation or agreement on the
part of the defaulting party herein contained, the defaulting party agrees that it will on demand
therefor pay to the nondefaulting party the reasonable fees of such attorneys and such other
expenses so incurred by the non defaulting party,
SECTION 9.05 No Additional Waiver Imvlied bv One Waiver, In the event any
agreement contained in this Sub-Lease Agreement should be breached by either party and
thereafter waived by the other party, such waiver shall be limited to the particular breach so
waived and shall not be deemed to waive any other breach hereunder.
ARTICLE X
MISCELLANEOUS
SECTION 10.01 Notices, All written notices to be given under this Sub-Lease
Agreement shall be given by first class mail or personal delivery to the party entitled thereto at
its address set forth below, or at such address as the party may provide to the other party in
writing from time to time, Notice shall be effective either (a) upon transmission by facsimile
transmission or other form of telecommunication; (b) 48 hours after deposit in the United States
mail, postage prepaid; or (c) otherwise, upon actual receipt, The Authority, the County, and the
City may, by written notice to the other parties, from time to time modify the address or number
to which communications are to be given hereunder.
RVPUBIKBYRENSI722448, 1
12
Ifto the Authority:
Southwest Communities Financing Authority
c/o County Executive Office
th
4080 Lemon Street, 4 Floor
Riverside, CA 92501-3679
Attention: Program Administrator/Deputy County
Executive Officer
Ifto the County:
County of Riverside
County Executive Officer
4080 Lemon Street, 4th Floor
Riverside, CA 92501-3679
Attention: Deputy County Executive Officer
Ifto the City:
SECTION 10.02 Bindinz Effect, This Sub-Lease Agreement shall inure to the
benefit of and shall be binding upon the City and the County and their respective successors and
assigns,
SECTION 10.03 Severabilitv, In the event any prOVlSlon of this Sub-Lease
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision hereof.
SECTION 10.04 Net-net-net Lease, This Sub-Lease Agreement shall be deemed
and construed to be a "net-net-net lease" and the City hereby agrees that the Lease Payments
shall be an absolute net return to the County, free and clear of any expenses, charges or set-offs
whatsoever.
SECTION 10.05 Further Assurances and Corrective Instruments, The City and the
County agree that they will, from time to time, execute, acknowledge and deliver, or cause to be
executed, acknowledged and delivered, such supplements hereto and such further instruments as
may reasonably be required for correcting any inadequate or incorrect description of the Leased
Premises hereby leased or intended so to be or for carrying out the expressed intention of this
Sub-Lease Agreement.
SECTION 10.06 Execution in Counteroarts, This Sub-Lease Agreement may be
executed in several counterparts, each of which shall be an original and all of which shall
constitute but one and the same instrument.
SECTION 10.07 Aoolzcable Law, This Sub-Lease Agreement shall be governed by
and construed in accordance with the laws of the State,
SECTION 10.08 Authorized Reoresentatives, Whenever under the prOVISIOns of
this Sub-Lease Agreement the approval of the City or the County is required, or the City or the
County is required to take some action at the request of the other, such approval or such request
shall be given for the City by an Authorized Representative of the City and for the County by an
RVPUBIKBYRENSI722448, 1
13
authorized Representative of the County, and any party hereto shall be authorized to rely upon
any such approval or request.
SECTION 10.09 Cavtions, The captions or headings in this Sub-Lease Agreement
are for convenience only and in no way define, limit or describe the scope or intent of any
provisions or Section of this Sub-Lease Agreement.
IN WITNESS WHEREOF, the City has caused this Lease Agreement to be executed in
its corporate name by its duly authorized officers and sealed with its seal; and the County has
caused this Lease Agreement to be executed in its name by its duly authorized officers and
sealed with its corporate seal, as of the date first above written,
CITY OF
By
City Manager
Attest:
City Clerk
COUNTY OF RIVERSIDE
By
County Executive Officer
(S E A L)
Attest:
Clerk ofthe Board of Supervisors
RVPUBIKBYRENSI722448, 1
14
STATE OF CALIFORNIA )
) ss,
COUNTY OF RIVERSIDE )
On , before me, , personally
appeared
personally known to me - OR - - proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(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, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary
RVPUBIKBYRENSI722448, 1
15
RVPUBIKBYRENSI722448, 1
EXHIBIT A
DESCRIPTION OF THE LEASED PREMISES
A-I
Section 1.01
Section 1.02
Section 2,01
Section 2,02
Section 3,01
Section 3,02
Section 4,01
Section 4,02
Section 4,03
Section 4,04
Section 4,05
Section 4,06
Section 4,07
TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS AND EXHIBITS
Definitions"""""""""""""""""""""""""""""""""""""""""""""""""""" 3
Exhibits"""""""""""""""""""""""""""""""""""""""""""""""""""""" 3
ARTICLE II
REPRESENTATIONS, COVENANTS AND WARRANTIES
Representations, Covenants and Warranties ofthe City""""""""""""""""" 3
Representations, Covenants and Warranties of County""""""""""""""""", 4
ARTICLE III
THE BONDS
The Bonds "'" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" 6
Payment of Costs ofIssuance """'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' 6
ARTICLE IV
LEASE; TERM OF THIS LEASE AGREEMENT; RENTAL PAYMENTS
Lease by Authority and Lease to County"""""""""""""""""""""""""""", 6
Term of Lease Agreement '"'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' 6
Lease Payments; Security Deposit,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 6
Quiet Enjoyment, '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" 8
Title"""""""""""""""""""""""","""""""""""""""""""""""""""""""",8
Miscellaneous Rent""""""""""""""""""""""""""""""""""""""""""""" 8
Substitution or Release of Leased Premises """""""""""""""""""""""""" 9
ARTICLE V
MAINTENANCE; TAXES; INSURANCE; USE LIMITATIONS; AND OTHER MATTERS
Section 5,01
Section 5,02
Maintenance, Utilities, Taxes and Assessments """"""""""""""""""""""" 9
Liens"""""""""""""""""""""""""""""""""""""""""""""""""""""""", 9
ARTICLE VI
DAMAGE, DESTRUCTION AND EMINENT DOMAIN; USE OF NET PROCEEDS
Section 6,01
Damage and Destruction of Leased Premises"""""""""""""""""""""""" 10
ARTICLE VII
[RESERVED]
R VPUBIKBYRENS\ 722448,)
-)-
Section 8,01
Section 8,02
Section 8,03
Section 9,01
Section 9,02
Section 9,03
Section 9,04
Section 9,05
Section 10,01
Section 10,02
Section 10,03
Section 10,04
Section 10,05
Section 10,06
Section 10,07
Section 10,08
Section 10,09
TABLE OF CONTENTS
(continued)
Page
ARTICLE VIII
ASSIGNMENT, SUBLEASING AND AMENDMENT
Assignment by the Authority "'"'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' 10
Assignment and Subleasing by the City""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 10
Amendment Hereof.""""""""""""""""""""""""""""""""""""""""""", 1 0
ARTICLE IX
EVENTS OF DEFAULT; REMEDIES
Events of Default Defined, '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" "" 10
Remedies on Default, '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" "" 11
No Remedy Exclusive"",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,'''''''''''''' 12
Agreement to Pay Attorneys' Fees and Expenses '"'''''''''''''''''''''''''''''''''''''' 12
No Additional Waiver Implied by One Waiver..""""""""""""""""""""", 12
ARTICLE X
MISCELLANEOUS
Notices, '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" "" 12
Binding Effect.. '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" "" 13
Severability", '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" "" 13
Net-net-net Lease '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" "" 13
Further Assurances and Corrective Instruments """'''''''''''''''''''''''''''''''''''''' 13
Execution in Counterparts" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" "" 13
Applicable Law", '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" "" 13
Authorized Representatives" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" "" 13
Captions"""""""""""""""""""""""""""""""""""""""""""""""""""", 14
EXHIBIT A - DESCRIPTION OF THE LEASED PREMISES """'''''''''''''''''''''''''''''''''''''''''' A-I
R VPUBIKBYRENS\ 722448,)
-11-
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THAT CERTAIN SUB-
LEASE AGREEMENT BY AND BETWEEN THE COUNTY
OF RIVERSIDE, AS SUB-LESSOR, AND THE CITY OF
TEMECULA, AS SUB-LESSEE, RELATING TO
SOUTHWEST COMMUNITIES FINANCING AUTHORITY
2007 LEASE REVENUE BONDS SERIES A (COUNTY OF
RIVERSIDE CAPITAL PROJECT) ANIMAL SHELTER
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1, The City Council of the City of Temecula does hereby find,
determine, and declare that:
A. The Southwest Communities Financing Authority (the "Authority") is a joint
powers authority duly organized and existing under and pursuant to that certain Joint
Exercise of Powers Agreement dated as of November 30, 2004, (the "Joint Exercise of
Powers Agreement") executed by and among the County, the City of Canyon Lake, the
City of Lake Elsinore, the City of Murrieta, and the City of Temecula (together, the
"Member Agencies"),
B, Under Article 4 (commencing with Section 6584) of Chapter 5 of Division 7
of Title 1 of the California Government Code (the "Bond Law") the Authority is
authorized to borrow money for the purpose of financing the acquisition of bonds, notes
and other obligations of, or for the purpose of making loans to, public entities including
the Member Agencies, and to provide financing for public capital improvements of public
entities including the Member Agencies and to lease such public capital improvements
including the land on which the public capital improvements are or will be located; and
C, The Authority has leased a certain parcel (the "Leased Premises") from
Animal Friends of the Valleys ("AFV") pursuant to a Ground Lease by and between the
AFV, as Sub-lessor, and the Authority, as sub-lessee (the "Ground Lease"), and wishes
to lease the Leased Premises and improvements constructed thereon to the County
pursuant to the laws of the State of California to enter into a Lease Agreement between
the County and the Authority (the "Lease Agreement"),
D, The County is subleasing a portion of the Leased Premises to the City
pursuant to this Sub-Lease in consideration for the City's proportionate use and
occupancy of the Leased Premises,
E, The Authority will issue revenue bonds based on the leases for the
construction of an animal shelter for the Member Agencies,
Section 2, The City Council of the City of Temecula hereby approves that
certain sub-lease entitled "SUB-LEASE AGREEMENT DATED AS OF
,2007 BY AND BETWEEN THE COUNTY OF RIVERSIDE, AS SUB-
LESSOR AND THE CITY OF TEMECULA, AS SUB-LESSEE RELATING TO
$ SOUTHWEST COMMUNITIES FINANCING
AUTHORITY 2007 LEASE REVENUE BONDS SERIES A (COUNTY OF RIVERSIDE
CAPITAL PROJECT)" ("Sub-Lease") with such changes in the Sub-Lease as may be
mutually agreed upon by the County and the City Manager as are in substantial
conformance with the form of such Sub-Lease which on file in the Office of the City
Clerk, The City Manager is hereby authorized to execute the Sub-Lease on behalf of
the City pursuant to Section 2,12,030 of the Temecula Municipal Code, A copy of the
final Agreement when executed by the City Manger shall be placed on file in the Office
of the City Clerk, The City Manager (or his designee), is hereby authorized, on behalf of
the City, to take all actions necessary and appropriate to carry out and implement the
Sub-Lease and to administer the City's obligations, responsibilities and duties to be
performed under the Sub-Lease and such other implementing agreements and
documents as contemplated or described in the Sub-Lease,
Section 3, 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 23rd day of January, 2007,
Chuck Washington, 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, was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the day of , 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.8
APPROVAL
CITY ATTORNEY
DIR.OF FINANCE
CITY MANAGER
~
1J1l-
Ch.:-
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Grant Yates, Deputy City Manager
DATE: January 23,2007
SUBJECT: Annual Recruitment Advertising Purchasing Authorization of $50,000
PREPARED BY:
Beth Gutierrez, Human Resources Analyst
RECOMMENDATION: That the City Council approves the purchasing authorization of $50,000 annually
for recruitment advertising with the Press Enterprise,
BACKGROUND: The City of Temecula has utilized local newspapers to provide recruitment advertising
on an as needed basis, For the pastfew years we have utilized the Press-Enterprise consistently to meet
the recruitment advertising needs of our organization, They have proven to be competitive in their pricing
and have provided the City with a tremendous response to our advertising efforts for high caliber
candidates, We are confident that the business relationship we have successfully developed with the
Press-Enterprise will continue to provide a top quality service for our City,
Based on the City's purchasing authorization, the City Council needs to approve expenditures that exceed
$25,000 annually, This threshold has been reached with our current recruitment advertising and this
action will allow the Human Resources Department to continue to use the Press Enterprise as a recruiting
vehicle for the remainder of fiscal year 06/07, Furthermore, we will continue to utilize the classified
advertising services of the North County Times (Californian), San Diego Union-Tribune, Orange County
Register, and the Los Angeles Times as necessary,
FISCAL IMPACT: Adequate funds are available in this current FY budget. Based on recruitment
advertising to date, an adjustment may be requested in the upcoming mid-year budget.
C\WINDOVVS\apsdoc\nettemp\480\$ASQpdf833946.doc
ITEM NO.9
Approvals
City Attorney
Director of Finance
City Manager
J#.f'"
1112.
(JG...,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G, Hughes, Director of Public Works/City Engineer
DATE:
January 23, 2007
SUBJECT:
First Amendment to Fiscal Year 2006/2007 Annual Citywide Maintenance
Contract
PREPARED BY:
Bradley A, Buron, Maintenance Superintendent
RECOMMENDATION: That the City Council approve the First Amendment to the Fiscal Year
2006/2007 Annual Citywide Routine Maintenance Contract with Becker Engineering for an amount
of $200,000,00 and authorize the Mayor to execute the amendment.
BACKGROUND: On May 23, 2006 the City Council approved the Fiscal Year
2006/2007 Annual Citywide Routine Maintenance Contract with Becker Engineering in the amount
of $200,000,00 to provide citywide routine maintenance and construction work throughout the City,
This work generally ranges in costs from over $1 ,000 to under $25,000 and involves miscellaneous
repairs to drainage areas, sidewalks, curbs, gutters, and storm drains to include excavation and
emergency response during the rainy season,
This First Amendment to this contract is necessary due to an increase in the number of large
maintenance repair projects throughout the City, additional erosion control improvements forthe low
flow crossing and an increase of routine street maintenance throughout the City, This increase to
the original contract will allow staff to respond to emergency repairs and routine improvements in an
expeditious manner without jeopardizing administrative requirements, It is important to understand
that the not to exceed amount of $200,000,00 does not necessarily mean it will be spent but rather
is a ceiling to operate, on an as needed basis,
Although staff has additional contractors available and under contract, some of the types of services
these contractors provide are limited and Becker Engineering has been the most consistently
available and responsive, The additional contractors on contract are specialized in different area's
of construction and do not perform the same job tasks or emergency response excavation and
repairs as Becker Engineering, This has resulted in the need to amend the Becker Engineering
contract.
FISCAL IMPACT: Adequate funds have been budgeted in the Fiscal Year 2006/2007
Budget for the Public Works Maintenance Division, Routine Street Maintenance and Drainage
Facility Maintenance for Becker Engineering original contract amount of $200,000,00 plus the First
Amendment amount of $200,000,00 for a total contract amount of $400,000,00,
ATTACHMENTS:
Amendment No, 1
FIRST AMENDMENT TO
FISCAL YEAR 2006.2007
ANNUAL CITYWIDE MAINTENANCE CONTRACT
BETWEEN CITY OF TEMECULA AND
BECKER ENGINEERING
THIS FIRST AMENDMENT is made and entered into as of January 23, 2007 by and
between the City of Temecula, a municipal corporation ("City") and BECKER ENGINEERING
("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties
agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On May 23, 2006 the City and Contractor entered into that certain agreement
entitled "City of Temecula Agreement in the amount of $200,000.00 for Citywide Maintenance
Services" ("Contract").
B. The parties now desire to amend the Agreement as set forth in this First
Amendment for an amount not to exceed Two Hundred Thousand Dollars and No Cents
($200,000.00) for additional Citywide Maintenance Services.
2. Section 3a of the Agreement is hereby amended to read as follows:
a. Contractor shall be compensated for actual work performed on the basis of
the labor and equipment rates set forth in Exhibit "B", labor and Equipment Rates,
attached hereto and incorporated herein as though set forth in full, the cost of
materials approved by the Director pursuant to the procedures set forth in Exhibit "A".
The First Amendment amount shall not elCeed Two Hundred Thousand Dollars
and No Cents ($200,000.00) for additional Citywide Maintenance Services. The
maximum amount of payment under this Agreement shall not exceed the total
contract amount of Four Hundred Thousand Dollars and No Cents ($400,000.00)
unless a higher amount is approved by the City Council by amendment to this
Agreement.
3. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
1
R:fMAINFAINl WKORDERSICONIRACT MASTERSl2fJ06..20071BECKER FY{)(j.()7 AMEND i .DOC
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
Becker Engineering
P.O. Box 890365
Temecula, CA 92589-0365
(951) 731-3991
Walter K. Becker, Owner
2
R:1MAINTAIMWKORDERSICONTRACJ' MASTERSI2006-2007IBECKER FY06-Q7 AMEND I.DOC
EXHIBIT B
LABOR AND EQUIPMENT RATES
3
R:\MAlNTAlNlWKORDERSICONTRACT MASTERSI2(J()6-2007\BECKER FY()6.()7 AMEND I.DOC
,
, .
BECKER
.ENGHNEERHNG<
CA License # 683396-A
P.O. Box 890365 . Temecula, CA 92589-0365 '
GRADING
.
PAVING
.
CONCRETE
.
DEMOLITIONS
PROPOSAL & CONTRACT-
LABOR RATES
S.T. O.T.
FOREMAN WITH 1 TON TRUCK
$ 71.85
$ 67.40
$ 55.90
$ 108.30
$ 98.20
$ 79.90
SUPERINTENDENT WITH 1 TON TRUCK
GENERAL LABORER
NOTE: THESE LABOR RATES REFLECT LATEST RAISES IN P.W. SCALE.
BARE EQUIPMENT
545 EXCAVATOR
331 BOBCAT EXCAVATOR
450 DOZER
SKIPLOADER
310 BACKHOE
763 BOBCAT
763 BOBCAT WI BREAKER
S-250 BOBCAT
5-250 BOBCAT WI BREAKER
BOBTAIL DUMP
1 TO 3 TON ROLLER
3 TO 5 TON ROLLER
VIBRATORY PLATE
WACKER TAMP
, WATER TRUCK
0-4 DOZER
0-5 DOZER
, 0-6 DOZER
, 0-8 DOZER
12 G BLADE
14 G BLADE
AREA MOVE INS
$ 76.60 PER HOUR
$ 66.85 PER HOUR
$ 66,85 PER HOUR
$ 50.25 PER HOUR
$ 66.85 PER HOUR
$ 53.25 PER HOUR
$ 83.30 PER HOUR
$ 66.85 PER HOUR
$ 94.00 PER HOUR
$ 66.85 PER HOUR
$ 34.95 PER HOUR
$ 50.25 PER HOUR
$ 28.50 PER HOUR
$ 28.50 PER HOUR
$ 71.50 PER HOUR
$160.00 PER HOUR
$172.00 PER HOUR
$210.00 PER HOUR
$242.00 PER HOUR
$252.00 PER HOUR
$288.00 PER HOUR
$113.00
... ......___......- _...._ .........._.._.. ........ _....a-..............____............
ITEM NO.1 0
Approvals
City Attorney
Director of Finance
City Manager
~
IJIL
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G, Hughes, Director of Public Works/City Engineer
DATE:
January 23, 2007
SUBJECT:
Award of Construction Contract for Diaz Road Realignment (Phase II) - Project
No, PW95-27
PREPARED BY:
Greg Butler, Principal Engineer
Scott Harvey, Associate Engineer
RECOMMENDATION:
That the City Council:
1, Award a construction contract for Diaz Road Realignment (Phase II), Project No,
PW95-27 to Elite Bobcat Service, Inc, in the amount of $2,519,695,00 and authorize the
Mayor to execute the contract;
2, Authorize the City Manager to approve change orders not to exceed the contingency
amount of $251 ,969,50, which is equal to 10% of the contract amount.
3, Approve an appropriation in the amount of $521,000,00 from the Undesignated
General Fund Balance for administrative and construction costs for this project.
BACKGROUND: On October 10, 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 is the second phase of the Diaz Road Realignment Project. This phase will realign Diaz
Road from approximately 1 ,200' south of Rancho Way to the intersection of Rancho California Road
and Vincent Moraga/Business Park Drive,
The realignment of Diaz Road and the elimination of the Rancho California Road/Diaz Road signal
will continue to improve the flow of traffic along Rancho California Road, The project will also
eventually create another north-south route to the future western by-pass corridor.
Five (5) bids were received and publicly opened on December 4, 2006, The results were as follows:
BIDDER BID AMOUNT
1, Elite Bobcat Service, Inc, $2,519,695,00
2, Ramero General Construction $2,584,082.40
3, Vance Corporation $2,600,985,00
4, R.J, Noble Company $2,684,752,25
5, Beador Construction Company, Inc, $2,872,700,00
A copy of the bid summary is available for review in the Director of Public Works' office,
Staff has reviewed the bid proposals and found Elite Bobcat Service, Inc" of Corona, California, to
be the lowest responsible bidder. Elite Bobcat Service, Inc, has experience performing similar
projects for other public agencies and private developers and has successfully completed smaller
scale projects for the City of Temecula,
The Engineer's estimate for this project was $2,200,000,00, The specifications allow ninety (90)
working days for the completion of this project.
FISCAL IMPACT: The Diaz Road Realignment, Phase II, Project is a Capital
Improvement Project funded through Measure A, Development Impact Fees - Public Facilities and
Street Improvements, An appropriation from Undesignated Fund Balance in the amount of
$521,000,00 is necessary to fully fund the administrative and construction costs for this project. The
total construction cost is $2,771,664,50, which includes the contract amount of $2,519,695,00 plus
10% contingency amount of $251 ,969,50,
APPROPRIATION DETAILS
Account No. Available Additional Adjusted
210-165-632- FY06-07 Appropriation Balance
Appropriation
5801 Admin $ (26,867,74) $ 150,000,00 $ 123,132,26
5802 Desian $ 6,568,00 $ 0,00 $ 6,568,00
5804 Constr. $ 2,401,019,73 $ 371,000,00 $ 2,772,019,73
5805 Constr. Ena $ 50,000,00 $ 0,00 $ 50,000,00
TOTALS: $ 2,430,719.99 $ 521,000.00 $ 2,951,719.99
ATTACHMENTS:
1, Location Map
2, Project Description
3, Contract
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW95-27
DIAZ ROAD REALIGNMENT (PHASE II)
THIS CONTRACT, made and entered into the 23'd day of January, 2007 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. PW95-
27, DIAZ ROAD REALIGNMENT (PHASE II), 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. PW95-27, DIAZ ROAD REALIGNMENT (PHASE II). 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.
PW95-27, DIAZ ROAD REALIGNMENT (PHASE II).
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over, and be used in
lieu of, such conflicting portions.
Where the Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that the item is to be furnished and installed completed
and in place and that only the best general practice is to be used. Unless otherwise
specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and
incidentals, and do all the work involved in executing the Contract.
CONTRACT
C-1
R\CIPlPROJECTSIPW95\PW95-27 Diaz ReaJignmenMgreementslConslruclion Contract Phase 11.001
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. PW95-27, DIAZ ROAD REALIGNMENT (PHASE II)
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: TWO
MilliON FIVE HUNDRED NINETEEN THOUSAND SIX HUNDRED NINETY FIVE
DOLLARS and NO CENTS ($2,519,695.00), the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed NINETY (90)
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. 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.
B. 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
CONTRACT
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R\CIPlPROJECTSIPW95\PW95-27 Diaz Realignment\Agreements\ConstructiotJ Conlracl Phase lI.dol
the Contract. Partial payments on the Contract price shall not be considered as an
acceptance of any part of the work.
C. 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.
D. 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 five hundred dollars ($1,500.00) 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
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 tile provisions of the Contract.
CONTRACT
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R:\CIP\PROJECTSlPW95\PW95-27 Diaz RealignmenMgreemenlslConstruc60n Contract Phase lI.dot
10. TIME OF THE ESSENCE. Time is of the essence in this contract.
11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or
in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone.
CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers,
employees, and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR's employees included) and damage to property, arising directly or
indirectly out of the obligations herein undertaken or out of the operations conducted by
CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sole willful misconduct of the CITY.
The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any
and all costs incurred by the CITY as a result of Stop Notices filed against the project. The
CITY shall deduct such costs from Progress Payments or final payments due to the CITY.
12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or
representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing favorable
treatment with respect thereto.
13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee, or
any architect, engineer, or other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in its employ has been employed
by the CITY within one year of the date of the Notice Inviting Bids.
14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in an
affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
15. NOTICE TO CiTY' OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be sUbject to inspection and audit by any authorized representative of the CITY.
17. INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
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.
CONTRACT
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R:\CIPlPROJECTS\PW95\PW95-27 Diaz Realignmeol\Agreemenls\Construction Contract Phase lI.dol
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 the.ir 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 interestunder Article 4 (commencing with Section
1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California.
21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor
is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-
336, as amended.
22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents,
and to the CITY addressed as follows:
Mailing Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Street Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
43200 Business Park Drive
Temecula, CA 92590-3606
CONTRACT
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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
DATED:
CITY OF TEMECULA
Chuck Washington, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
Susan W. Jones, MMC, City Clerk
CONTRACT
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R:\C1P\PROJECTS\PW95\PW95-27 Diaz Rea!ignmentlAgreements\Construction Contract Phase II.dot
ITEM NO. 11
Approvals
City Attorney
Director of Finance
City Manager
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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:
January 23, 2007
SUBJECT:
Completion and Acceptance for Citywide Concrete Repairs Phase I Fiscal Year
2006-2007 - Project No, PW06-08
PREPARED BY:
Greg Butler, Principal Engineer
William Becerra, Assistant Engineer
RECOMMENDATION:
That the City Council:
1, Accept the Project, Citywide Concrete Repairs Phase I Fiscal Year 2006-2007,
Project No, PW06-08, as complete and;
2, File a Notice of Completion, release the Performance Bond, and accept a one (1)
year Maintenance Bond in the amount of 10% of the contract amount; and
3, Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed,
BACKGROUND: On September 26, 2006, the City Council awarded a construction
contract in the amount of $102,300,00 to Victor Concrete for Citywide Concrete Repairs Phase I
Fiscal Year 2006-2007, Project No, PW06-08, The scope of work for this project included
improvements to sidewalks, curb & gutter, cross gutters, driveway approaches, access ramps, and
under sidewalk drains, All work was based on the Public Works Maintenance Division's
recommendations,
The contractor has completed the work in accordance with the approved plans and specifications
and to the satisfaction of the City Engineer. The construction retention for this project will be
released on, or about 35 days after the Notice of Completion has been recorded,
FISCAL IMPACT: The Citywide Concrete Repairs Phase 1 Fiscal Year 2006-2007,
Project No, PW06-08 was funded via the Public Works Department Maintenance Division FY2006-
07 Budget for Routine Street Maintenance, Account No, 001-164-601-5402, The total project cost
was $108,580,00,
ATTACHMENTS:
1, Contractor's Affidavit and Final Release
2, Maintenance Bond
3, Notice of Completion
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
, PROJECT NO, PW06-0B
CITYWIDE CONCRETE REPAIRS, PHASE 1- FY 2006-2007
This is to certify that ~(hereinafter the "CONTRACTOR") declares
to the City of Temecula, under oath, that he/shelit has paid iri full for all materials, supplies, labor,
services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of
the CONTRACTOR's agents, employees or subcontractors used or in contribution to the
execution of it's contract with the City of Temecula, with regard to the building, erection,
construction, or repair of that certain work of improvement known as PROJECT NO. PW06-08,
,CITYWIDE CONCRETE REPAIRS, PHASE I - FY 2006-2007, situated in the City of Temecula,
State of California, more particularly described as follows:
W \ ok. (lJncvLt<-
INSERT ADDRESS OR DESCRIBE L
The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said
Contract which would constitute grounds for any third party to claim a Stop Notice against of any
unpaid sums owing to the CONTRACTOR. '
Further, in connection with the final payment of the Contract, the CONTRACTOR hereby
disputes the following amounts: .
Description
Dollar Amount to Dispute
Pursuant to Public Contract Code ~7100, the CONTRACTOR does hereby fully release and
acquit the City of Temecula and all agents and employees ofthe City, and each ofthem, from any
and all claims, debts, demands, or cause of action which exist or might exist in favor of the
CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the
CONTRACTOR has not disputed above_
Dated: 1d-/~ /tJo
CONTRACTOR
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Signature
By:
~I~+OV foruV\dJo, tUm(y-
rint ame and Title ' ,
RElEASE
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VICTOR CONCRETE
6135 Barcelona Ave Riverside, CA 92501
(909)686-4215 Fax (909) 686-4215
Contractor Warranty/Guarantee
PROJECT NAMEN\y wide. LDhcr.et.e DATE; J ;)./:J. f>! (7 (.,
V.
,JOB NO_ pwo\o'o~ p", \ 'CONTRACTOR VICTOR CONCRETE
ADDRESS;
ADDRESS;6135 Barcelona Ave
CITY/STATE
CITY /ST ATE Riverside, CA 92509
PH#(909)686-4215 FAX# (909) 686-4215
-CONTRACT DATE :~COMPLETlON DATE 11/,,/ /00/11 LAST DATE OF WARRANT\': I'/I</Ib"f-
GUARANTEE QUALITY AND PERFORMANCE
We the undersigned hereby guarantee on condition that payment in full has been paid by said
contractor, that the work performed at the listed location has been done in accordance with
the plans and specifications and that all the work as installed will fulfill the requirements of
the guarantees included in the specifications. We further agree to repair or replace any or all
of our work that may prove to be defective in its mateiials, workmanship or instaliation within
a period of I vear from the date of official acceptance of the project as complete. Ordinary
wear and tear and unusual abuse or neglect excepted. Within 30 days after being notified in
writing by said contractor of any defects in the work. we agree to commence and prosecute the
work necessary with due diligence in order to fulfill the terms of this guarantee, and to
complete the work within a reasonable period of time, and in the event of failure to so comply,
we separately and collectively do hereby authorize the contractor upon written notice have
such work one at our expense and will honor and pay the costs thereof upon demand.
c' /<:;;7--- A . _
By: ~/~
eontractorlsignature
Date:~
VCd1l052004
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Premlum Included with
Performance and Payment Bond
BOND No.:726522M
CITY OF TEMECUlA, PUBLIC WORKS DEPARTMENT
MAINTENANCE BOND
FOR
PROJECT NO. PW06.08
CITYWIDE CONCRETE REPAIRS, PHASE I . FY 2006-2007
KNOW All PERSONS BY THESE PRESENT THAT:
Victor Concrete 6135 Barcelona Avenue Riverside CA 92509
NAME AND ADDRESS CONTRACTOR'S
a
Individual
(fill in whether 8 Corporallon, P8tln.r.;hip or IndMc1u.Q
, hereinafter called Principal, and
Developers Su~~ty and Indemnity Company PO 19725, Irvine,CA92623
NAME AND ADDRESS OF SURETY
hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA,
hereinafter called OWNER, in the penal sum of One Hundred Two Thousand Three
Hundred -----nnn-n-n-nOOlLARS and 00 CENTS
($ 102 , 300 . 00 I in lawful money of the United States, said sum being not less than ten
(10%) of the Contract value payable by the said City of Temecula under the terms of the
Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and
severally, firmly by these prelsents. ,,'
THE' CONDITION OF THIS OSUGA TJON is such that whereas" the Principal entered into a
certainContractwiththeOWNER,datedthe 26th dayof",eptember , 2006, a copy
of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW06.
08, CITYWIDE CONCRETE REPAIRS, PHASE I - FY 2006.2007.
WHEREAS, said Contract provides that the PrinCipal will furnish a bond conditioned to guarantee
for the period of ~ (1) year after approval of the final estimate on said job, by the OWNER,
against all defects in workmanship and materials which may become apparent during said period;
and
WHEREAS, the said Contract has been completed, and was the final estimate approved on _
December 18 ,2006.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH; that if within one year
from the date of approval of the final estimate on said job pursuant to the Contract, the work done
under the terms of said Contract shall disclose poor workmanship in the execution of said work,
and the canying out of the terms of said Contract, or it shall appear that defective materials were
furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this
instrument shall be void.
As a part of the obligation secured hereby and in addition to the face amount specified, costs and
reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by
the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and
included in any judgment rendered.
MAINIDIANCE BOND
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Bond No. :726522M
The Surety hereby stipulates and agrees that no change, extension of time. alteration. or addition
to the terms of the Contract, or to the work to be perfonned thereunder, or to the specifications
accompanying the same, shall in any way affect its obligations on this bond, and it does hereby
waive notice of any such change, extension of time, alteration; or addition to the terms of the
Contract, or to the work, or to the Specifications.
20th Decembec
Signed and sealed this day of , 2006.
(Seal)
::~;~P~1~ 0"' 'm',m""Y
Blake A Pf1ster,
Company Victor Concrete
:;INC~
V1C1:0r ran1 0
(Name)
Attorney-in-fact
(Title)
(Name)
Owner/Proprietor
(Title)
APPROVED AS TO FORM;
By;
(Name)
Peter M. Thorson. City Atlomey
(Trtle)
MAINTENANCE BOND
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
County of Orange
12-20-06
On
before me, Lianne Nahina, Notary PUblic
Name and Title of ORicer (e.g., "Jane Doe, Notary Public")
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Date
personally appeared
Blake A. Pfister
Name(s)ofSigner(s)
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whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(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,
executed the instrument,
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WITNESS my hand and official seal.
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Though the information below is not required by law, it may prove valuable to persons refying on the document and could prevent
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Description of Attached Document
Maintenance Bond 726522M
Title or Type of Document:
December 20, 2006
Document Date:
Number of Pages:
Signer(s) Other Than Named Above: --------------___________________________
Capacity(ies) Claimed by Signer(s)
Signei's Name: Blake A. Pfister
Signer's Name:
-------------------
o Individual
o Corporate Officer
Tille(s):
o Partner - 0 Limited 0 General
IllI Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRlNT
OF SIGNER
.
Top of thumb here
Top 01 thumb here
Signer Is Representing:
'Developers Surety and
Signer Is Representing:'
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
Attached to Maintenance Bond No,:726522M
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint:
***Blake A. Pfister***
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings
and contracts of suretyship giving and granting Wlto said Attomey(sHn-Fact fun power and authority to do and to perform every act necessary, requisite or proper
to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and
all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, etTective as of November 1, 2000:
RESOLVED, that the Chainnan of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to
execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
-the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December, 2005.
By:G~~)
By,
Walter A. Crowell. Secretary
~~
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David H. Rhodes, Executive Vice-President
STATE OF CALIFORNIA
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COUNTY OF ORANGE
On December 1. 2005 before me, Gina L. Gamer, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell,
personally known to me (or proved to me on tbe basis of satisfactory evidence) to be the person(s) whose name{s) is/are subscribed to the within lnstrument and
acknowledged to me that he/she/they executed the same in hislher/their authorized capacity{ies). and that by hislher/their signatW'e{s) on the instrument the person{s),
or the entity upon behalf of which the person{s) acted, executed the instrument. "
WITNESS my hand and official seal.
Signature
6ma- r;;( ~
(SEAL)
f.~ & , ~I~~ ~. ~~~~E~ &i
I COMM. # 1569561 !
NOTARY PUBUC CAUFORtIA
ORANGE COUNTY
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CERTIFICATE
The undersigned, as Assistant Secrelllly, ofDEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.
does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthennore. that the provisions of dle resolutions of
the respective" Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the-date of this CertificalC.
This Certificate is executed in the City of Irvine, California. the20 t h day of Dee embe r
2006
By
Albert Hillebrand, Assistant Secretary
~I-~
ID-1380 (Rev, 12/05)
RECORDING REQUESTED BY
AND RETURN TO:
CITY CLERK
CITY OF TEMECULA
P.O. Box 9033
43200 Business Park Drive
T emecula, CA 92589-9033
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The City of Temecula is the owner of the property hereinafter described.
2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula,
California 92590.
3. The Nature of Interest is a Contract which was awarded by the City of Temecula to
Victor Concrete. 6135 Barcelona Ave, Riverside, CA 92509 to perform the following work of
improvement:
CITYWIDE CONCRETE REPAIRS, PHASE I - FY2006-2007
PROJECT NO. PW06-08
4. Said work was completed by said company according to plans and specifications and to
the satisfaction of the Director of Public Works of the City of Temecula and that said work was
accepted by the City Council of the City of Temecula at a regular meeting thereof held on January 23,
2007. That upon said contract the Developers Surety and Indemnity Company was surety for the bond
given by the said company as required by law.
5. The property on which said work of improvement was completed is in the City of
Temecula, County of Riverside, State of California, and is described as follows:
CITYWIDE CONCRETE REPAIRS, PHASE I - FY2006-2007
PROJECT NO. PW06-08
6. The location of said property is: Various locations Citywide, Temecula, California
Dated at Temecula, California, this 23" day of January, 2007
City of Temecula
Susan W. Jones MMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under
penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said
NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County
Recorder of Riverside by said City Council.
Dated at Temecula, California, this 23" day of January 2007.
City of Temecula
Susan W. Jones MMC, City Clerk
R:\CIP\PROJECTS\PW06\PW06-08 Citywide Concrete Phase I . FY 200a-Q7\Construction\PW06-0B COMPLETION NOTE.doc Form
ITEM NO. 12
Approvals
City Attorney
Director of Finance
City Manager
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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:
January 23, 2007
SUBJECT:
Tract Map No, 30990, Located at the northwest corner of Pujol Street and 1"
Street
PREPARED BY:
Kendra Hannah, Assistant Engineer
RECOMMENDATION: Thatthe City Council approve 1) Tract Map No, 30990 in conformance
with Conditions of Approval 2) Subdivision Improvement Agreement and accept the Faithful
Performance and Labor and Materials Bonds as security for the agreement and 3) Subdivision
Monument Agreement and accept the Monument Bond as security for the agreement.
BACKGROUND: Tract Map No, 30990 is a five (5) lot subdivision located at the
northwest corner of Pujol Street and 1" Street.
On Febuary 18, 2004, the City of Temecula Planning Commission approved Tentative Tract Map
30990, with the appropriate Conditions of Approval.
The Developer, Habitat for Humanity, Inland Valley, Inc, A California Non-Profit Organization has
met all of the Conditions of Approval. This final map is in conformance with the approved tentative
tract map, The approval of a final subdivision map, which substantially complies with the approved
tentative map, is a mandatory ministerial act under State law,
FISCAL IMPACT:
None
ATTACHMENTS:
1) Development Fee Checklist
2) Fees & Securities Report for Tract Map No, 30990
3) Project Vicinity Map
4) Tract Map No, 30990
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO. TM 30990
Staff reviewed the following fees relative to their applicability to this project.
FEE
CONDITIONS OF APPROVAL
Flood Control (ADP)
Paid, This fee is due prior to issuance of a
grading permit.
Development Impact Fee
Not Paid, This fee will be collected prior to
issuance of building permits,
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
TRACT MAP NO. 30990
IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY
SECURITY
Street and Drainage $ 190,625,00 $ 95,312,50
Water $ 31,250,00 $ 15,625,00
Sewer $ 10,000,00 $ 5,000,00
TOTAL $ 231,875,00 $ 115,937,50
Monumentation $ 2,000,00 -
DATE: January 23,2007
DEVELOPMENT FEES
RCFCD (ADP) Fee $ Paid
Development Impact Fee $ *TBD
SERVICE FEES
Planning Fee $ 561,00
Fire Fee $ 205,00
TCSD Fee $ 975,00
Plan Check Fee $ 3,094,00
Monumentation Inspection Fee $ 274,00
Fees Paid to Date $ 1,500,00
Balance of Fees Due $ 3,609,00
*To Be Determined
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TRACT NO.
COUNTY OF RIVERSIDE; STATE OF CALIFORNIA
30990
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ITEM NO. 13
Approvals
City Attorney
Director of Finance
City Manager
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(JO....,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Howard Windsor, Fire Chief
DATE:
January 23, 2007
SUBJECT:
First Amendment To Security Agreement
PREPARED BY:
Howard Windsor, Fire Chief
RECOMMENDATION:
That the City Council:
1, Approve the First Amendment with Securitas Security Services USA in an additional amount
of $30,000 plus a 10% contingency for security services at Fire Station 95:
BACKGROUND: Construction of the Roripaugh Ranch Fire Station began on April 11th, 2005,
Prior to construction commencing the developer signed a licensing agreement to allow the city legal
access to the site, Further, the licensing agreement addressed the developer's responsibility to pay
all costs resulting from delays in construction of the Fire Station caused by the developer's action or
inaction or for costs associated with the City's inability to use the Fire Station, As of today, the
Roripaugh Ranch construction schedule indicates the roads and utilities that serve the Fire Station
will not be available until some time later in the Spring of 2007 (Mayor June), which is a delay from
the original estimate of Fall 2006, As such, the City is still unable to occupy and operate the facility
for its intended purpose,
In May of 2006 the City entered into a contract with Securitas Services USA to provide Security
Services at the site due to the value of the facility and the contents within, Because of the delay in
construction it is necessary that we continue to maintain a level of security throughout this interim
period and amend the security services contract to allow for continued protection until the station is
opened and operational.
The developer has provided to the City an additional $30,000 per the executed deposit agreement.
This amount will satisfy the First Amendment to the security agreement with Securitas Security
Services USA,
FISCAL IMPACT: No fiscal impact exists as this agreement amount will be paid for by the
Developer and through the deposit agreement.
Attachments: Agreement
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
Resolution No, 06-_ was duly and regularly adopted by the City Council of the City ofTemecula
at a meeting thereof, held on the 11th day of April, 2006, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W, Jones, MMC
City Clerk
FIRST AMENDMENT TO AGREEMENT
BElWEEN CITY OF TEMECULA AND
SECURITAS SECURITY SERVICES USA INC.
FOR SECURITY AT FIRE STATION 95
THIS FIRST AMENDMENT is made and entered into as of January 23, 2007 by and
between the City of Temecula, a municipal corporation ("City") and Securitas Security Services
USA, Inc, "Contractor", In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On May 22, 2007 the City and Contractor entered into that certain
agreement entitled "City of Temecula Agreement for Security at Fire Station 95 ("Agreement") in
the amount of $50,000.00,
B, The parties now desire to increase the term of the agreement which shall
remain and continue in effect until tasks are completed, but in no event later than June 30,
2007, unless sooner terminated pursuant to the provisions of the agreement.
C, The parties now desire to increase the payment for services in the
amount of $30,000.00 plus a 10% contingency and amend the Agreement as set forth in this
Amendment.
2. Section 5a Payment of the Agreement is hereby amended to read as follows:
a, The City agrees to pay Contractor monthly, in accordance with the payment rates
and schedules and terms set forth in Exhibit B for services described in Section B of
Exhibit A, attached hereto and incorporated herein by this reference as though set
forth in full. The first amendment amount shall not exceed Thirty Thousand Dollars
and no cents ($30,000.00) for additional security at the City of Temecula Fire Station
95 for a total agreement amount, of Eighty Thousand Dollars and no cents,
($80,000.00)
3. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect,
p:/Agreement Samples.Amendment.2006
1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written,
CITY OF TEMECULA
BY:
Chuck Washington, Mayor
ATTEST:
BY:
Susan W, Jones, MMC, City Clerk
Approved As to Form:
BY:
Peter M, Thorson, City Attorney
CONTRACTOR
Securitas Security Services USA Inc.
Attn: Robert Pascoe
365 South Rancho Santa Fe #202
San Marcos, CA 92078
Robert.pascoe@securitasinc.com
BY:
NAME:
TITLE:
BY:
NAME:
TITLE:
R:/purchasing/agreement samples.Amendment.2006
(Two Signatures Required For Corporations)
2
ITEM NO. 14
Approvals
City Attorney
Director of Finance
City Manager
fM<~
/112
(J(.L,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
January 23, 2007
SUBJECT:
Consulting Services Agreement with Stanley R. Hoffman Associates
PREPARED BY:
Jason Simpson, Assistant Director of Finance
RECOMMENDATION: That the City Council approve a consultant services agreement with
Stanley R. Hoffman Associates, in the amount of $35,000, for a sphere of influence annexation
fiscal study, plus a contingency of 20%, for a total of $42,000,
BACKGROUND: This consulting agreement is needed to prepare a fiscal impact
analysis of the annexation into the City of Temecula of the Sphere of Influence area (501), Since
LAFCO encourages all developed urban land within a City's 501 to be annexed to the City and that
LAFCO may augment the geographic boundaries of the 501 for a City, the preparation of a
Comprehensive Fiscal Analysis (CFA) , in accordance with LAFCO policies, is required to be
prepared by the City to gauge the financial impacts of any potential annexation on 501 as a whole,
It is understood that the overall area for review under this agreement may cover up to seven sub-
areas and will include the following:
1, The fiscal analysis would build upon the City's General Plan land use, infrastructure
and parcel data base,
2, The fiscal analysis will include both current conditions and a projection based upon
the build-out of General Plan land uses,
3, The documentation will include the fiscal analysis of the overall 501, as well asforup
to seven sub-areas, The documentation will be included in one report,
The City of Temecula's Fiscal Impact Model that was applied to the General Plan update will be
used in preparing the analysis, The fiscal factors for the model will be updated in coordination with
City staff to the FY 2006-2007 budget year. This will cover all fiscal assumptions that affect the
City's General Fund upon annexation, plus any changes in fiscal procedures such as those effecting
the property tax in-lieu of motor vehicle license fee (MLVF) calculation, and the July 1,2009 cutoff
date (under AB 1602) for the transfer of existing MVLF revenues to the City upon an annexation,
Also, average housing unit prices will be estimated based upon recent sales data and through
discussion with City staff,
The fiscal analysis will be prepared for up to seven sub-areas and combined to show the general
fund fiscal balance or deficit for the combined SOl area, The analysis will be prepared for existing
conditions and for build-out assuming General Plan land uses, The consultant will work closely with
Community Development and Planning staff in preparing these assumptions, In orderto provide an
estimate of existing conditions, the property tax valuation will be tabulated for the annexation area
based on the City's current assessor's database, Also, working with HdL, the City's sales tax
consultant, Stanley R. Hoffman Associates, will provide them with an address file so they can
tabulate any existing sales tax data,
FISCAL IMPACT: Adequate funds are available in the Planning and Finance
Departments' Fiscal Year 2006-07 Annual Operating Budgets,
ATTACHMENTS:
Agreement for Consultant Services between the City of Temecula
and Stanley R. Hoffman Associates
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF TEMECULA AND STANLEY R. HOFFMAN ASSOCIATES
THIS AGREEMENT is made and effective as of January 23, 2007, between the City of
Temecula, a municipal corporation ("City") and Stanley R, Hoffman 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 January 23,2007, 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. PREVAILING WAGES, Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations, These rates are on file with the City Clerk, Copies may be
obtained at cost at the City Clerk's office of Temecula, 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, 177S, 1777,5, 1777,S, 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 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
$35,000 (Thirty Five Thousand Dollars and no Cents) 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
1
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, The City Manager may approve additional work up to twenty percent
(20%) of the amount of the Agreement. Any additional work in excess of this amount shall be
approved by the City Council.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE,
A. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten
(10) days prior written notice, Upon receipt of said notice, the Consultant shall immediately
cease all work under this Agreement, unless the notice provides otherwise, If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
B, In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City, Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4,
7. DEFAULT OF CONSULTANT.
A. The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Consultant for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Consultant. If such failure by the Consultant to make progress in the
performance of work hereunder arises out of causes beyond the Consultant's control, and
without fault or negligence of the Consultant, it shall not be considered a default.
B, If the City Manager or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have (10) days after service
upon it of said notice in which to cure the default by rendering a satisfactory performance, In
the event that the Consultant fails to cure its default within such period of time, the City shall
have the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS,
A. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services, All such records shall
2
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible, Consultant shall provide free access to the representatives of
City or its designees at reasonable times to such books and records, shall give City the right to
examine and audit said books and records, shall permit City to make transcripts there from as
necessary, and shall allow inspection of all work, data, documents, proceedings and activities
related to this Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
B, Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing
data generated for the work, surveys, notes, and other documents prepared in the course of
providing the services to be performed pursuant to this Agreement shall become the sole
property of the City and may be used, reused or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files containing data generated for the
work, Consultant shall make available to the City, upon reasonable written request by the City,
the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files,
C, With respect to the design of public improvements, the Consultant shall
not be liable for any injuries or property damage resulting from the reuse of the design at a
location other than that specified in Exhibit A without the written consent of the Consultant.
9. INDEMNIFICATION, The Consultant agrees to defend, indemnify, protect and
hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City, its officers, agents and employees
may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property arising out of Consultant's negligent or wrongful acts or omissions arising
out of or in any way related to the performance or non-performance of this Agreement,
excepting only liability arising out of the negligence of the City,
10. INSURANCE REQUIREMENTS,
Consultant shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property, which may arise from or in connection with the
performance of the work hereunder by the Consultant, its agents, representatives, or
employees,
A. Minimum Scope of Insurance, Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No,
CG 00 01 11 85 or 88,
2) Insurance Services Office Business Auto Coverage form CA 00
01 06 92 covering Automobile Liability, code 1 (any auto), If the Consultant owns no
automobiles, a non-owned auto endorsement to the General Liability policy described above is
acceptable,
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance, If the Consultant has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Consultant shall execute a declaration that it has no employees,
3
4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession,
B, Minimum Limits of Insurance, Consultant shall maintain limits no less
than:
1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage, If Commercial General Liability Insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply separately
to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage,
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease,
4) Professional Liability coverage: One million ($1,000,000) per
claim and in aggregate, (Consult with the City's Risk Manager before including this insurance
provision in your agreement as this requirement may either need to be changed or excluded),
C, Deductibles and Self-Insured Retentions, Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration
and defense expenses,
D, Other Insurance Provisions, The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities performed by or on behalf of
the Consultant; products and completed operations of the Consultant; premises owned,
occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the
Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees or volunteers,
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers, officials, employees and
volunteers, Any insurance or self-insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, its
officers, officials, employees or volunteers,
4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability,
5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified mail, return
receipt requested, has been given to the City,
4
E. Acceptability 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 Coveraqe. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Consultant's insurer
may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
11. INDEPENDENT CONTRACTOR.
A Consultant is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Consultant shall at all times be under Consultant's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
B. No employee benefits shall be available to Consultant in connection with
the performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement.
The Consultant shall at all times observe and comply with all such ordinances, laws and
regulations. The City, and its officers and employees, shall not be liable at law or in equity
occasioned by failure of the Consultant to comply with this section.
13. RELEASE OF INFORMATION.
A All information gained by Consultant in performance of this Agreement
shall be considered confidential and shall not be released by Consultant without City's prior
written authorization. Consultant, its officers, employees, agents or subcontractors, shall not
without written authorization from the City Manager or unless requested by the City Attorney,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other 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.
5
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:
Stanley Hoffman Associates
11661 San Vicente Blvd Ste 306
Los Angeles, California 90049-5111
Attention: Stanley Hoffman
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
6
of Temecula. In the event such litigation is filed by one party against the other to enforce its
rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall
be entitled to reasonable attorney fees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the 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.
20. AUTHORITY TO EXECUTE THIS AGREEMENT.
The person or persons executing this Agreement on behalf of Consultant warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Consultant and has the authority to bind Consultant to the performance of its obligations
hereunder.
7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Chuck Washington, Mayor
City Manager
ATTEST:
Susan W. Jones, CMC
City Clerk
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
CONSULTANT
[Insert Company Name
Address
Contact Name
phone and
fax number here]
By:
Name:
Title:
By:
Name:
Title:
[Signatures of Two Corporate Officers Required]
8
EXHIBIT A
STANLEY R. HOFFMAN
ASS 0 C I II T E S
11661 San Vicente Blvd. Suite 306
Los Angeles, California 90049-5111
(310)820-2680, (310)820-8341 fax
WVvW,stanleyrho
tlman,com
J annary 2, 2006
Mr. Jason Simpson
Assistant Finance Director
City ofTemecula Finance Department
43200 Business Park Drive
Temecula, CA 92589-9033
SUBJECT: Sphere of Influence (SPI) Annexation Fiscal Study, City of Temecula
Dear Mr. Simpson:
This proposal vviIl prepare a fiscal impact analysis of the annexation into the City ofTemecula of
the sphere of influence area (SOl). We llllderstand that the overall area may cover up to seven
(7) sub-areas and vvill include the follovving:
1. The fiscal analysis would build upon the City's general plan land use, infrastructure and
parcel data base.
2. The fiscal analysis vviil include both current conditions and a projection based upon the
build-out of General Plan land uses.
3. The documentation vviil include the fiscal analysis of the overall SOl as well as for up to
seven sub-areas; the documentation vvill be included in one report.
The City of Temecula's Fiscal Impact Model that was applied for the General Plan update vviil
be used in preparing the analysis calibrated vvith the Fiscal Year 2006-2007 budget. Selected
adjustments related to the annexation analysis vvill be made based on discussion with the City's
Finance Department staff.
Scope of Work
Task 1. Project Description. This task will prepare the project description in coordination vvith
City staff, including all public infrastructure that will be maintained by the City of Temecula.
This vvill include existing units plus future units and commercial and business development. The
parcel data base vviil be provided by the city to provide current assessed valuation information.
We llllderstand that this information is in the city's digitized data base and geographic
information system. Also, we llllderstand that electronic maps can be provided for the various
SOl areas.
Task 2. Fiscal and Market Assumptions. The fiscal factors for the model vviil be updated in
coordination with City staff to the FY 2006-2007 budget year. This vviil cover all fiscal
assumptions that affect the City's General Flllld upon annexation plus any changes in fiscal
9
procedures, such as those effecting the property tax in-lieu of motor vehicle license fee (ML VF)
calculation and the July I, 2009, cutoff date (under AB 1602) for the transfer of existing MVLF
revenues to the city upon an annexation. Also, average housing unit prices will be estimated
based upon recent sales data and through discussion with city staff.
Task 3. Fiscal Analysis of SOl Subareas. The fiscal analysis will be prepared for up to seven
sub-areas and combined to show the general fund fiscal balance or deficit for the combined SO I
area. The analysis will be prepared for existing conditions and for build-out assuming general
plan land uses. We will work closely with community development and planning staff in
preparing these assumptions. In order to provide an estimate of existing conditions, the property
tax valuation will be tabulated for the annexation area based on the city's current assessor's data
base. Also, working with HdL, the city's sales tax consultant, we will provide them with an
address file so they can tabulate any existing sales tax data. A computerized address listing for
HdL's sales tax analysis will be based on the computerized boundary area file provided by city
staff.
Task 4. Documentation. The results will be documented in a report showing all fiscal and
market assumptions and land use and public infrastructure information. The fiscal analysis will
be shown separately for each subarea and for the total sphere of influence area with appropriate
sub-sections in the report. The report will be completed after review by the City staff. One
original report and an electronic version will be provided.
Task 5. Coordination. This task assumes ongoing coordination, project management and
interaction with City staff throughout the course of the study.
Budget and Schedule
This proposed budget is $35,000 based on the following estimated staff hours and expenses.
City of Temecula 501 Annexation Study
Fiscal Impact Analysis Scope of Work
Proposed Budget
I Stan Marcine Support Total I
Hoffman Osborn Staff
Hourly Rate $200 $150 $100
Task
1. Project Description
2. Fiscal and Market Assumptions
3. Fiscal Analysis of SOl Subareas
4. Documentation
5. Coordination
Total labor
Estimated Expenses
Total Fiscal Budget
20
10
40
20
10
30
o
5
20
10
o
5
20 $6,000
15 $4,250
40 $15,000
20 $7,500
o $2,000
95 $34,750
$250
$35,000
10
We can proceed upon your authorization. The schedule would be about 8 to 10 weeks to prepare
the land use and infrastructure data base, the fiscal analysis and the draft report for your review.
This would include updating the fiscal model to current budget information.
We look forward to working with you on this project. If this scope of work meets with your
approval, please let me know and we can proceed. Thank you very much and please call me if
you have any questions.
Very tru1 y yours,
STANLEY R. HOFFMAN ASSOCIATES, Inc.
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Stanley R. Hoffinan
President
11
ITEM NO. 15
ORDINANCE NO. 07-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING SECTION 15.10.090 OF THE
TEMECULA MUNICIPAL CODE PROVIDING FOR AN
AUTOMATIC ANNUAL FEE ADJUSTMENT TO THE
MULTIPLE SPECIES HABITAT CONSERVATION
MITIGATION FEE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Temecula passed Ordinance No. 03-
14 ("MSHCP Fee Ordinance") that established a local development mitigation fee for
funding the preservation of natural ecosystems in accordance with the Western
Riverside County Multiple Species Habitat Conservation Plan.
Section 2. The City Council desires to make technical changes to the MSHCP
Fee Ordinance which will reduce the level by which the fee will be automatically
adjusted.
Section 3. Section 15.10.090 of Chapter 15.10 of the Temecula Municipal
Code is hereby amended to read as follows:
"Section 15.10.090. Automatic annual fee adjustment.
The fee established by this Chapter shall be revised annually by means of
an automatic adjustment at the beginning of each fiscal year based on the average
percentage change over the previous calendar year set forth in the Consumer Price
Index for "all urban consumers" in the Los Angeles-Anaheim-Riverside area, measured
as of the month of December in the calendar year which ends in the previous fiscal
year.
Section 4. SEVERABILITY. If anyone or more of the terms, provisions or
sections of this Ordinance shall to any extent be judged invalid, unenforceable or
voidable for any reason whatsoever by a court of competent jurisdiction, then each and
all of the remaining terms, provisions and sections of this Ordinance shall not be
affected thereby and shall be valid and enforceable.
Section 5. ENVIRONMENTAL REVIEW. This action is exempt from the
provisions of CEQA pursuant to section 15273(a) of the CEQA Guidelines. The City
Council finds and determines that the funds generated by the revisions to the MSHCP
Fees are for the purposes of meeting operational expenses, meeting financial reserve
needs and requirements, and obtaining funds for capital projects.
R:/Ords 2007/0rds 07-01
Section 6. EFFECTIVE DATE. This Ordinance shall become effective sixty
(60) days following the adoption of this Ordinance.
Section 6. CERTIFICATION. The City Clerk shall certify to the passage and
adoption of this ordinance and shall cause same to be published as required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 9th day of January , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
R:/Ords 2007/0rds 07-01
2
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 Ordinance No. 07-01 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 9th day of January, 2007,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
R:/Ords 2007/0rds 07-01
3
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM NO. 16
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
JANUARY 9, 2007
A regular meeting of the City of Temecula Community Services District was called to order at
8:16 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
DIRECTORS:
Edwards, Naggar, Roberts, Washington,
Comerchero.
ABSENT:
o
DIRECTORS:
None.
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
At this time, Director Washington presented Director Comerchero with a plaque of recognition for
his service for Calendar Year 2006, and bestowed upon him a new gavel for Calendar Year
2007.
With pleasure, President Comerchero thanked the Directors.
PUBLIC COMMENTS
No input.
CSD CONSENT CALENDAR
15 Minutes
RECOMMENDATION:
15.1 Approve the minutes of December 12, 2006.
16 Old Town Temecula Community Theater Fee Structure Renewal
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 07 - 01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
RENEWING THE FEE STRUCTURE THE OLD TOWN TEMECULA COMMUNITY
THEATER RESIDENT COMPANIES
MOTION: Director Roberts moved to approve the Consent Calendar. Director Edwards
seconded the motion and electronic vote reflected unanimous approval.
R:\Minutes\010907
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
No additional input.
CSD GENERAL MANAGERS REPORT
No additional input.
CSD BOARD OF DIRECTORS REPORTS
No additional input.
CSD ADJOURNMENT
At 8:16 p.m., the Temecula Community Services District meeting was formally adjourned to
Tuesday, January 23, 2007, at 5:30 p.m., for a Closed Session, with regular session
commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula,
California.
Jeff Comerchero, President
ATTEST:
Susan W. Jones, MMC
City Clerk/District Secretary
[SEAL]
R:\Minutes\010907
2
TCSD
DEPARTMENTAL REPORT
ITEM NO. 17
REDEVELOPMENT
AGENCY
ITEM NO. 18
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA REDEVELOPMENT AGENCY
JANUARY 9, 2007
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:16
p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
AGENCY MEMBERS:
Comerbero, Naggar, Roberts,
Washington, and Edwards.
ABSENT:
o
AGENCY MEMBERS:
None.
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
At this time, Agency Member Naggar presented President Edwards the gavel for Calendar Year
2007.
With honor, President Edwards received the gavel and thanked former President Naggar for his
service as President for the Redevelopment Agency for Calendar Year 2006.
PUBLIC COMMENTS
No comments.
RDA CONSENT CALENDAR
17 Minutes
RECOMMENDATION:
17.1 Approve the minutes of December 12, 2006.
18 Professional Service Aqreement Amendment NO.2 for Geotechnical Testinq and Monitorinq
and Survevinq Services associated with the Temecula Education Center Rouqh Gradinq -
Proiect No. PW06-03
RECOMMENDATION:
18.1 Approve the Second Amendment to the Agreement with Leighton Consulting, Inc. to
provide professional geotechnical testing, monitoring, and surveying services
associated with the Temecula Education Center Rough Grading - Project No.
PW06-03 - in the amount of $43,806 and authorize the Agency Chairperson to
execute the Amendment.
MOTION: Agency Member Comerchero moved to approve the Consent Calendar. Agency
Member Roberts seconded the motion and electronic vote reflected unanimous approval.
R:\Minutes\010907
RDA EXECUTIVE DIRECTORS REPORT
No additional comments.
RDA AGENCY MEMBERS REPORTS
No additional comments.
RDA ADJOURNMENT
At 8:18 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, January 23, 2007, at 5:30 p.m., for a Closed Session, with regular session
commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula,
California.
Maryann Edwards, Chairman
ATTEST:
Susan W. Jones, MMC
City Clerk/Agency Secretary
[SEAL]
R:\Minutes\010907
2
ITEM NO. 19
Approvals
City Attorney
Director of Finance
City Manager
~r-
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TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
January 23, 2006
SUBJECT:
Payment of In Lieu Environmental Fees Associated with Temecula Education
Center - Project No. PW06-03
PREPARED BY:
Greg Butler, Principal Engineer
David McBride, Senior Engineer
RECOMMENDATION: That the Agency Members approve payment of $86,000 to the
California Wildlife Foundation to offset impacts to Fairy Shrimp habitat on the Temecula Education
Center site and authorize Staff to approve this payment via the check request process.
BACKGROUND: During environmental review of the Temecula Education Center, itwas
determined and agreed between the Fish and Wildlife Service of the United States Department of
the Interior (USF&W) and the City of Temecula that the Redevelopment Agency would contribute
$86,000 to a future in lieu program to offset impacts to Fairy Shrimp habitat on the Education Center
site versus creating suitable habitat for these impacts ourselves at an offsite location.
Since that time USF&W has established an agreement with the California Wildlife Foundation
(Foundation). The Foundation will manage the Western Riverside County Vernal Pool Fund that will
focus on the acquisition, restoration, creation and/or management of vernal pools and Fairy Shrimp
habitat within Riverside County. Now that the in lieu program has been established, USF&W is
requesting payment to the fund (see attached letter).
FISCAL IMPACT: Sufficient Funds ($86,000) for this program were included within the
budget for the Temecula Education Center Rough Grading Project, Project No. PW06-03, in
account number 165-199-835-5802. The grading project is funded by the Redevelopment Agency
low and moderate income set aside funds ($3,000,000) budgeted for affordable "for rent" units to be
established with the project, Developer Reimbursables ($730,000) which will be reimbursed in
accordance with our Agreement with the AGK Group, from Rancho California Water District
Reimbursables ($270,000.00) that will be reimbursed during the course of the project, from RCWD
Reimbursables associated with these facility modifications ($52,629.35), and from Eastern Municipal
Water District (EMWD) Advanced Reimbursables associated with these facility modifications
($2,367,016.88).
ATTACHMENTS:
1. United States Department of the Interior, Fish and Wildlife Service letter dated 12-20-06.
~~/~l/~UU. U6:53 ~AA 76U816U638
.1 ... . "
US FISH AND WILDLIFE
Ii!I002
.
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Ecological Services
carfsbadFisb and Wildlife Office
6010 Hidden Valley Road
Carlsbad, California 920 II
In Reply Refer To:
FWS-WRIV-S063.2
DEe 2.0 Z006
Mr. Steve Brown
City ofTemecula
}>.O. Box 90~~
Temecula, Califoinia92589-90~~
Subj: Participation in In-lieu Fee Program for Vernal Pools, CityofTemecula, Riverside County,
Caiifornia
Dear Mr. Brown:
In conjunction with the Western Riverside County Multiple Species Habitat Conservation Plan
. Determination of Biologically Equivalent or Superior Preservation (Determination) prepared for the
Temecula Education Complex, we agreed that the City of Temecula would contribute $86,000.00 to
an in-lieu fee program. In our written response to the Determination dated April 14, 2006
. . (FWS/CDFG-4405.77), we indicated that contribution to an in-lieu fee program would replace the
off-site creation project originally proposed by the City to offset impacts to fairy shrimp habitat. At
the time or our agreement, the details of the in-lieu fee program had not yet been established.
, Subsequently, the Fish and Wildlife Service has entered into an agreement with the California
. Wildlife Foundation (Foundation). The Foundation will manage the Western Riverside County
. , Vemal Pool Fund that will focus on the acquisition, restoration, creation and/or management of
vernal pools and fairy shrimp habitat within western Riverside County. By this letter, we are
requesting the City ofTemecula remit the agreed upon $86,000.00 to the Foundation. Payment
should be mailed to the California Wildlife Foundation, 1212 Broadway, Suite 840, Oakland,
California 94612 to the attention of Ms. Janet Cobb, Executive Officer. Please indicate to the
Foundation that the funds are to be deposited into the Foundation's Western Riverside County
Vernal Pool Conservation Fund.
, We appreCiate your cooperation in this matter. If you should have any questions regarding our
request,'please contact Doreen Stadtlander ofthis office at (760) 431-9440, extension 223.
Sincerely,
O~~
At- Karen A. Goebel
() . . Assistant Field Supervisor
'cc:
. Janet Cobb, California Wildlife Foundation, Oakland, CA
TAKE PR1DE8iE:::J
INAMERICA "'--<
RDA DEPARTMENTAL
REPORT
ITEM NO. 20
Approvals
City Attorney
Director of Finance
City Manager
V
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TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
John Meyer, Redevelopment Director
DATE:
January 23, 2007
SUBJECT:
Redevelopment Departmental Monthly Report
Attached for your information is the monthly report as of January 23, 2007 for the Redevelopment
Department.
First Time Homebuyers Program
Funding in the amount of $100,000 is available for FY 06 -07.
Residential Improvement Programs
The program budget for FY 06-07 is $350,000, with $119,120 funded on 18 units. The amount
available to each participant is$7500.
Habitat for Humanity
Council entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity to
develop a home-ownership project within the Pujol Neighborhood. The project located on the
northwest corner of Pujol and First Streets, will consist of 5 new single-family detached homes. The
houses are arranged along Pujol Street and a private lane. The preliminary grading permit has been
issued and rough grading has been completed. A tentative tract map has been approved for the
adjacent property for two additional single family detached homes.
Dalton Mixed-Use II
On May 28, 2005, the Council approved an Owner Participation Agreement with D'Alto Partners to
build a mixed-use affordable housing project. The project will consist of 24 units over 5,000 sq. ft. of
retail/commercial. The project is located on the north side of Fifth Street, west of Mercedes. It is
estimated that construction will be completed in February/March 2007.
Dalton Mixed-Use III
On March 28, 2006, the Council approved an Owner Participation Agreement with D'Alto Partners to
build a mixed-use affordable housing project. The project will consist of 22 units over 4,700 sq. ft.
of retail/commercial. Vertical construction has begun with the installation of vertical steel. The
project is located on the north side of Fifth Street, west of Mercedes.
Facade Improvement/Non-Conforming Sign Program
The following facade improvement/sign projects are in process or have recently been completed:
Palomar Hotel
- Paint Exterior, New Windows and Doors
La Menagerie
- Design and Install Wood Blasted Signs
Temecula Valley Goldsmith
- Design and Install Wood Sandblasted Signs
State Farm Insurance
- Design and Install Three Wood Signs.
Old Town Promotions/Marketing
Dickens of a Christmas began on November 18 with Santa Claus being pulled by a horse drawn
carriage followed by strolling carolers. Santa was at his workshop every Saturday and Sunday
from 11 a.m. to 3 p.m. at the Country Porch located at Third and Front Streets. Santa Photos were
available for both children and pets alike. Musicians Workshop performed every Saturday from
12:00 p.m. to 1 :00 p.m. at the Wild Cactus, and every weekend included that Giant Elf Dynamite
Dave.
It was Dickens of a Christmas every weekend through December 17, 2006 where dozens of carolers
greeted with song and fill Old Town with holiday cheer. The event included performers such as the
Vintage Singers, dressed in Victorian era holiday clothing strolling and caroling along Main Street;
as well as other musical performers. Community Music Day featured local schools and community
performance groups in a full day of musical celebration to include Jazz and symphonic bands from
Vail Ranch Middles School, followed byTemecula Middle School, Temecula Valley High School and
Murrieta Valley High School Jazz Bands.
Other upcoming events will include the Old Town Bluegrass Festival March 15 & 16, Western Days,
May 17 & 18, the Street Painting Festival, June 28 & 29 and Hot Summer Friday Nights beginning
July 13 through August 31.
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FREE REINDEER ANTLERS
For Kids. While Supplies Last
Coloring Contest
On Other Side
Shopping * Dining
Year-round Entertainment
Call (951) 694-6412
www.temeculacalifornia.com
TEMECULA, CA.
Designed by ~Jelody's Ad Works. Inc.
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WEEKLY ENTERTAINMENT
SATURDAY, Noy. 25
Full Measure Handbell Choir
12:30 p.m. to 2 p.m.
SATURDAY, DEC. 9
Community Music Day - 10 a.m. to 6 p.m.
Temecula Middle School Jazz Band
Vail Ranch Middle School Jazz Band
Valley Winds Symphonic Band
Erie Stanley Gardner Middle School
Temecula Valley High School Choir
Calvary Chapel Choirs
SATURDAY, DEC. 16
Fine Arts Network Caroleers y 12 noon - 2 pm
SUNDAYS Nov. 19. 26, Dec. 3rd
F. A. N. CAROLEERS
SUNDAY, Dec. 10TH
Mt San Jacinto Jazz Band
12 noon to 3 p.m.
SUNDAY, DEC. 17
A Celtic Christmas at the Mercantile
4051 Main Street - Free Fine Arts Network Caroleers y 12
noon - 2 p.m.
COLORING CONTEST
Free Reindeer Antlers for Kids. While Supplies Last
For More Information CALL (951) 694- 6412 or visit www.temeculacalifornia.com
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Full Measure Handbell Choir
12:30 p.m. to 2 p.m.
SA TURDA Y. DEC. 9
Community Music Day - 10 a.m. to 6 p.m.
Temecula Middle School Jazz Band
Vail Ranch Middle School Jazz Band
Valley Winds Symphonic Band
Erie Stanley Gardner Middle School
Temecula Middle School Choir
Calvary Chapel Choirs
SATURDAY. DEC. 16
Fine Arts Network Caroleers 12 noon - 2 pm
ssio7J$ Free Reindeer Antlers for Kids* While Supplies Last
lfXP!~ COLORING CONTEST - Great Prizes
For More Information CALL (951) 694-6412 or visit www.temeculacalifornia.com
WEEKLY ENTERTAINMENT
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SUNDAYS Nov. 19. 26. Dec. 3rd
F. A. N. CAROLEERS
SUNDAY. Dec. 10TH
Mt San Jacinto Jazz Ban~li ~
12 noon to 3 p.m. .. ell '
SUNDAY. DEC. 17 ~. ~J
A Celtic Christmas ·
at the Mercantile
4051 Main Street -
Caroleers 12 noon - 2 p.m.
PUBLIC HEARING
ITEM NO. 21
Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
January 23, 2007
SUBJECT:
Planning Application Nos. PA05-0109 and PA05-0234, a Tentative Tract Map
(33584) for condominium purposes to subdivide 7.2 acres into three lots (one
residential condominium lot, one recreation lot, and one open space lot), and a
Planned Development Overlay to provide for development standards for the site
that are specific to single-family homes on condominium lots through the
adoption of proposed PDO-11 Sections 17.22.220 through 17.22.228, including
the PDO text and Development Standards
PREPARED BY:
Stuart Fisk, Senior Planner
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING TENTATIVE TRACT MAP NO. 33548 TO SUBDIVIDE 7.2
ACRES INTO THREE LOTS (ONE RESIDENTIAL CONDOMINIUM LOT,
ONE RECREATION LOT, AND ONE OPEN SPACE LOT) FOR THE
DEVELOPMENT OF 62 SINGLE-FAMILY DETACHED HOMES ON A
CONDOMINIUM LOT ON PROPERTY LOCATED AT 29601 MIRA LOMA
ROAD, GENERALLY LOCATED AT THE NORTHEAST CORNER OF
RANCHO VISTA ROAD AND MIRA LOMA DRIVE (A.P.N. 944-060-006)
2. Adopt an Ordinance entitled:
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM
MEDIUM DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT
OVERLAY (PDO-11) AND ADOPT PDO-11 SECTIONS 17.22.220
THROUGH 17.22.228 INCLUDING THE PDO-11 TEXT AND
DEVELOPMENT STANDARDS FOR THE DEVELOPMENT OF 62 SINGLE-
FAMILY DETACHED HOMES ON CONDOMINIUM LOTS ON PROPERTY
LOCATED AT 29601 MIRA LOMA ROAD, GENERALLY LOCATED AT
THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA
DRIVE (A.P.N. 944-060-006)
BACKGROUND: The Mira Loma PDO project consists of a Tentative Tract Map for
condominium purposes and a Planned Development Overlay. On November 15, 2006, the Planning
Commission unanimously recommended that the City Council approve the project.
The General Plan land use designation of Medium Density Residential (M) allows for a density
range of 7.0 to 12.9 dwelling units per acre, with a target density of 10.0 dwelling units per acre. The
Development Code allows for 12 dwelling units per net acre, but also requires a minimum lot area of
7,200 square feet. The proposed Tentative Tract Map for condominium purposes will result in 8.6
dwelling units per acre, thereby achieving the General Plan density range for the project site.
The purpose of the proposed Planned Development Overlay (PDO-11) is to provide development
standards for the site that will be specific to single family homes on condominium lots. For the
development of single-family homes on the project site, a Planned Development Overlay is
necessary to meet the medium density residential criteria contained in the General Plan. More
specifically, building setbacks must be reduced from those listed in the Development Code
standards for the Medium Density Residential zone to achieve the General Plan density range for
the proposed single-family development.
Per Table 17.06.040 of the Development Code, the Medium Density Residential zone requires a
minimum net lot area of 7,200 square feet. However, this table also states that "lot sizes below
7,200 square feet can be accommodated with the approval of a Planned Development Overlay".
The Development Code contains this provision because the requirement for a minimum lot size of
7,200 square feet typically does not allow single-family home developments to achieve the General
Plan density range. The proposed reduced lot sizes (or condominium exclusive use areas), in
conjunction with the proposed PDO, are consistent with the Development Code.
At the Planning Commission hearing, Mr. Robert Oder, representing Mira Loma Apartments,
expressed concern with a proposed access road through Lot 2 of the project to an adjacent property
potentially being used by individuals with ill intent and requested that the access road be secured.
The applicant agreed to the addition of a gate or chain fence to prevent public access to this area
and staff has added a Condition of Approval to address this concern (see Condition of Approval No.
58 of the Tentative Tract Map).
FISCAL IMPACT:
None.
ATTACHMENTS:
1. CC Resolution No. 07-_ (Tentative Parcel Map)
Exhibit A - Draft Conditions of Approval
2. CC Ordinance No. 07-_ (PDO-11)
Exhibit A - Zoning Map\
Exhibit B - Mira Loma PDO-11
3. Planning Commission Resolution No. 06-61 (Tentative Parcel Map)
4. Planning Commission Resolution No. 06-62 (PDO-11)
5. Minutes from the Planning Commission Hearing of November 15, 2006
6. Staff Report for the November 15, 2006 Planning Commission Hearing
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING TENTATIVE TRACT MAP
NO. 33584 TO SUBDIVIDE 7.2 ACRES INTO THREE LOTS
(ONE RESIDENTIAL CONDOMINIUM LOT, ONE
RECREATION LOT, AND ONE OPEN SPACE LOT) FOR
THE DEVELOPMENT OF 62 SINGLE-FAMILY DETACHED
HOMES ON A CONDOMINIUM LOT ON PROPERTY
LOCATED AT 29601 MIRA LOMA DRIVE, GENERALLY
LOCATED AT THE NORTHEAST CORNER OF MIRA
LOMA DRIVE AND RANCHO VISTA ROAD (A.P.N. 944-
060-006)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Reza Shera of Pacific Group filed Planning Application No. PA05-
0109 on April 13, 2005, in a manner in accord with the City of Temecula General Plan
and Development Code.
Section 2. The Application was processed including, but not limited to a public
notice, in the time and manner prescribed by State and local law.
Section 3. The Planning Commission, at a regular meeting, considered
Planning Application No. PA05-0109 on November 15, 2006, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to, and did, testify either in support or opposition to this matter.
Section 4. At the conclusion of the Planning Commission's Hearing and after
due consideration of the testimony, the Planning Commission recommended the City
Council approve PA05-0109, subject to and based upon the findings set forth
hereunder, after finding that the proposed project conforms to the General Plan and
Subdivision Ordinance.
Section 5. The Planning Commission adopted Resolution No. 06-61,
recommending that the City Council approve PA05-0109 (Tentative Tract Map No.
33584).
Section 6. On January 23, 2007, the City Council of the City of Temecula held
a duly noticed public hearing on the Project at which time all persons interested in the
Project had the opportunity and did address the City Council on these matters.
Section 7. At the conclusion of the City Council hearing and after due
consideration of the testimony, the City Council approved the Tentative Tract Map for
the Project subject to and based upon the findings set forth hereunder.
Section 8. All legal preconditions to the adoption of this Resolution have
occurred.
Section 9. Environmental Findinqs. The City Council hereby makes the
following environmental findings and determinations in connection with the approval of
the Tentative Tract Map (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 proposed Tentative Tract Map
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 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 September 7, 2006
and expired on September 28, 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 92589.
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 City 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
January 23, 2007 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.
E. Based on the findings set forth in the 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 10. Further Findinqs. That the City Council, in approving PA05-0109,
hereby makes the following findings as required in Section 16.09.140 of the Temecula
Municipal Code:
A. The proposed subdivision and the design and improvements of the
subdivision are consistent with the Development Code, Subdivision Ordinance, General
Plan, and the City ofTemecula Municipal Code.
As designed and conditioned, the proposed subdivision map is consistent with
the development standards within the proposed Planned Deve/opment Overlay,
Deve/opment Code, Subdivision Ordinance, and Genera/ Plan.
B. The tentative map does not propose to divide land which is subject to a
contract entered into pursuant to the California Land Conservation Act of 1965, nor is
the land subject to a Land Conservation Act contract.
The proposed land division does not divide land designated for conservation or
agricultura/ use.
C. The site is physically suitable for the uses and proposed density as shown
on the tentative map as proposed by the Tentative Map.
The site is physically suitable for the uses and proposed density as shown on the
tentative map as proposed by the Applicant.
D. The design of the proposed subdivision and the proposed improvements,
with appropriate conditions of approval, is not likely to cause significant environmental
damage or substantially and avoidably injure fish or wildlife or their habitat.
There are no known fish, wildlife or habitat on the project site, and the project is
not anticipated to affect any fish, wildlife or habitat off-site.
E. The design of the subdivision and the type of improvements are not likely
to cause serious public health problems.
The project has been reviewed and commented on by the Fire Prevention
Bureau, the Public Works Department, and the Building and Safety Department.
As a result, the project wi/! be conditioned to address their concerns. Further,
provisions are made in the Genera/ Plan to ensure that the public health, safety,
and we/fare are safeguarded, and the project is consistent with this document.
F. The design of the subdivision provides for future passive or natural
heating or cooling opportunities in the subdivision to the extent feasible.
The design of the subdivision provides for future passive or natural heating or
cooling opportunities in the subdivision to the extent feasible. Prior to the
construction of buildings, the applicant wi/! be required to submit building plans to
the Building Department that comply with the Uniform Building Code, which
contains requirements for energy conservation.
G. The design of the subdivision and the type of improvements will not
conflict with easements acquired by the public at large for access through or use of
property within the proposed subdivision, or the design of the alternate easements
which are substantially equivalent to those previously acquired by the public will be
provided.
All required rights-of-way and easements have been provided on the Tentative
Map or required by Conditions of Approva/. The City has reviewed these
easements and has fount no potential conflicts.
H. The subdivision is consistent with the City's parkland dedication
requirements (Quimby).
This is a map for residentially zoned property and wi/! therefore be subject to
applicab/e Quimby fees at the time that building permits are issued for the project
site.
Section 11. Conditions. The City Council of the City of Temecula hereby
approves Tentative Tract Map No. 33584, Planning Application PA05-0190, subject to
conditions of approval as set forth in Exhibit A, attached hereto, and incorporated herein
by this reference as though set forth in full.
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 23rd day of January , 2007.
Chuck WashingtonMayor
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. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 23rd day of January, 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No. PA06-0109
Project Description: A Tentative Tract Map No. 33584 (for condominium
purposes) to subdivide 7.2 acres into three lots (one
residential condominium lot, one recreation lot, and
one open space lot) at 29601 Mira Loma Drive,
generally located at the northeast corner of Mira Loma
Drive and Rancho Vista Road
DIF Category: Residential - Single Family
MSHCP Category: Residential (Between 8.1 and 14.0 DU/AC)
TUMF Category: Residential - Single Family
Assessor's Parcel Nos.: 944-060-006
Approval Date: January 23, 2007
Expiration Date: January 23,2010
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of $64.00 for the County
administrative fee, to enable the City to file the Notice of Determination with a
DeMinimus Finding for the Mitigated or Negative Declaration required under Public
Resources Code Section 21152 and California Code of Regulations Section 15075. If
within said 48-hour period the applicant/developer has not delivered to the Planning
Department the check as required above, the approval for the project granted shall be
void by reason of failure of condition (Fish and Game Code Section 711.4(c)).
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GENERAL REQUIREMENTS
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Planning Department
2. The tentative subdivision shall comply with the State of California Subdivision Map Act
and to all the requirements of Ordinance No. 460, unless modified by the conditions
listed below. A time extension may be approved in accordance with the State Map Act
and City Ordinance, upon written request, if made 60 days prior to the expiration date.
3. The applicant and owner of the real property subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's
own selection from any and all claims, actions, awards, judgments, or proceedings
against the City to attack, set aside, annul, or seek monetary damages resulting, directly
or indirectly, from any action in furtherance of and the approval of the City, or any
agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning the Planning
Application. The City shall be deemed for purposes of this condition, to include any
agency or instrumentality thereof, or any of its elected or appointed officials, officers,
employees, consultants, contractors, legal counsel, and agents. City shall promptly
notify both the applicant and landowner of any claim, action, or proceeding to which this
condition is applicable and shall further cooperate fully in the defense of the action. The
City reserves the right to take any and all action the City deems to be in the best interest
of the City and its citizens in regards to such defense.
4. The applicant shall sign two copies of the final Conditions of Approval that will be
provided by the Planning Department and return one signed copy to the Planning
Department for their files.
5. A Homeowners Association may not be terminated without prior City approval.
6. The Developer shall provide a paved 10-foot wide ingress/egress easement with a 15
percent maximum slope within Lot 2, behind proposed building sites 60, 61, and 62, from
Mira Loma Drive to Lot 83 of Tract Map No. 4010.
Fire Prevention
7. All previous existing conditions for this project, Specific Plan, or Development
Agreement will remain in full force and effect unless superseded by more stringent
requirements here.
8. Final fire and life safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC) , and related codes which
are in force at the time of building plan submittal.
9. The Fire Prevention Bureau is required to set a minimum fire flow for residential land
division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this
project, a water system capable of delivering 1500 GPM at 20 PSI residual operating
pressure with 2 hour duration. The required fire flow may be adjusted during the
approval process to reflect changes in design, construction type, or automatic fire
protection measures as approved by the Fire Prevention Bureau. The Fire Flow as
given above has taken into account all information as provided (CFC 903.2, Appendix
III.A).
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10. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be
located on Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet
from any point on the street or Fire Department access road(s) frontage to a hydrant.
The required fire flow shall be available from any adjacent hydrant(s) in the system. The
upgrade of existing fire hydrants may be required (CFC 903.2,903.4.2, and Appendix 111-
B)
11. If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction (CFC 8704.2 and 902.2.2). This will include all internal
roads, connecting roads between phases, and construction gates. All required access
must be in and available prior to and during all construction.
12. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent
roads are installed. Temporary Fire Department access roads shall be an all weather
surface for 80,000 Ibs GVW (CFC 8704.2 and 902.2.2.2).
13. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches (CFC 902.2.2.1 and Ord 99-14).
14. All/any manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by firefighting personnel (CFC 902.4).
Public Works Department
15. It is understood that the Developer correctly shows on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses,
and their omission may require the project to be resubmitted for further review and
revision.
16. A Grading Permit for either rough or precise grading shall be obtained from the
Department of Public Works prior to commencement of any construction outside of the
City-maintained road right-of-way.
17. An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
18. All improvement and grading plans shall be coordinated for consistency with adjacent
projects and existing improvements contiguous to the site and shall be submitted on
standard 24" x 36" City of Temecula mylars.
Community Services Department
19. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
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20. Any damage caused to existing Class II Bike Lanes on Rancho Vista Road during
construction will need to be repaired and/or replaced to the satisfaction of the Public
Works Department.
21. The Applicant shall comply with the Public Art Ordinance.
22. All parkways, landscaping, drainage facilities, fencing, street lights on private roads and
recreational facilities shall be maintained by an established Home Owners' Association
(HOA).
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Public Works Department
23. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
24. The Developer shall provide an ingress/egress easement from Mira Loma Drive to Lot
83 of Tract Map No. 4010.
25. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City
of Temecula standards and approved by the Department of Public Works prior to
commencement of any grading. The plan shall incorporate adequate erosion control
measures to protect the site and adjoining properties from damage due to erosion.
26. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to
the Department of Public Works with the initial grading plan check. The report shall
address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and preliminary pavement sections.
27. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the
Department of Public Works with the initial grading plan check. The study shall identify
storm water runoff quantities expected from the development of this site and upstream of
the site. It shall identify all existing or proposed off-site or on-site, public or private,
drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an
adequate outfall capable of receiving the storm water runoff without damage to public or
private property. The study shall include a capacity analysis verifying the adequacy of
all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the
storm water runoff shall be provided as part of development of this project. The basis for
analysis and design shall be a storm with a recurrence interval of one hundred years.
28. Construction-phase pollution prevention controls shall be consistent with the City's
Grading, Erosion & Sediment Control Ordinance and associated technical manual, and
the City's standard notes for Erosion and Sediment Control.
29. A Water Quality Management Plan (WQMP) shall be reviewed and accepted.
30. The project shall demonstrate coverage under the State NPDES General Permit for
Construction Activities by providing a copy of the Waste Discharge Identification number
(WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater
Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration
of construction activities.
31. The Developer shall post security and enter into an agreement guaranteeing the grading
and erosion control improvements in conformance with applicable City Standards and
subject to approval by the Department of Public Works.
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32. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's
check or money order, prior to issuance of permits, based on the prevailing area
drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already
been credited to this property, no new charge needs to be paid.
33. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula
Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that
Ordinance or by providing documented evidence that the fees have already been paid.
34. The Developer shall obtain letters of approval or easements for any off-site work
performed on adjoining properties. The letters or easements shall be in a format as
directed by the Department of Public Works.
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PRIOR TO FINAL MAP APPROVAL
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Planning Department
35. The following shall be submitted to and approved by the Planning Division:
a. A copy of the Final Map.
b. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
i. This property is located within thirty (30) miles of Mount Palomar
Observatory. All proposed outdoor lighting systems shall comply with the
California Institute of Technology, Palomar Observatory
recommendations, Ordinance No. 655.
c. A copy of the Covenants, Conditions, and Restrictions (CC&R's):
i. CC&R's shall be reviewed and approved by the Planning Director. The
CC&R's shall include liability insurance and methods of maintaining open
space, recreation areas, parking areas, private roads, exterior of all
buildings and all landscaped and open areas including parkways.
ii. The CC&R's shall be prepared at the developer's sole cost and expense.
iii. The CC&R's shall be in the form and content approved by the Planning
Director, City Engineer and the City Attorney and shall include such
provisions as are required by this approval and as said officials deem
necessary to protect the interests of the City and it's residents.
iv. The CC&R's and Articles of Incorporation of the Property Owner's
Association are subject to the approval of the Planning and Public Works
Departments and the City Attorney. They shall be recorded concurrent
with the final map. A recorded copy shall be provided to the City.
v. The CC&R's shall provide for the effective establishment, operation,
management, use, repair and maintenance of all common areas,
drainage and facilities.
vi. The CC&R's shall provide that the property shall be developed, operated
and maintained so as not to create a public nuisance.
vii. The CC&R's shall provide that the association may not be terminated
without prior City approval.
viii. The CC&R's shall provide that if the property is not maintained in the
condition required by the CC&R's, then the City, after making due
demand and giving reasonable notice, may enter the property and
perform, at the owner's sole expense, any maintenance required thereon
by the CC&R's or the City Ordinances. The property shall be subject to a
lien in favor of the City to secure any such expense not promptly
reimbursed.
ix. Every owner of a suite or lot shall own as an appurtenance to such suite
or lot, either (1) an undivided interest in the common areas and facilities,
or (2) a share in the corporation, or voting membership in an association
owning the common areas and facilities.
x. All open areas and landscaping shall be permanently maintained by the
association or other means acceptable to the City. Such proof of this
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maintenance shall be submitted to the Planning and Public Works
Department prior to the issuance of building permits.
xi. Reciprocal access easements and maintenance agreements ensuring
access to all parcels and joint maintenance of all roads, drives or parking
areas shall be provided by the CC&R's or by deeds and shall be recorded
concurrent with the map or prior to the issuance of building permit where
no map is involved.
36. No lot or suite in the development shall be sold unless a corporation, association,
property owner's group or similar entity has been formed with the right to assess all
properties individually owned or jointly owned which have any rights or interest in the
use of the common areas and common facilities in the development, such assessment
power to be sufficient to meet the expenses of such entity, and with authority to control,
and the duty to maintain, all of said mutually available features of the development.
Such entity shall operate under recorded CC&R's, which shall include compulsory
membership of all owners of lots and/or suites and flexibility of assessments to meet
changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit
enforcement by the City for provisions required as Conditions of Approval. The
developer shall submit evidence of compliance with this requirement to, and receive
approval of, the City prior to making any such sale. This condition shall not apply to land
dedicated to the City for public purposes.
Public Works Department
Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall
complete the following or have plans submitted and approved, subdivision improvement
agreements executed and securities posted:
37. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Rancho California Water District
c. Eastern Municipal Water District
d. Riverside County Flood Control and Water Conservation District
e. City of Temecula Fire Prevention Bureau
f. Planning Department
g. Department of Public Works
h. Riverside County Health Department
i. Adelphia
j. Community Services District
k. Verizon
I. Southern California Edison Company
m. Southern California Gas Company
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38. The Developer shall design and guarantee construction of the following public
improvements to City of Temecula General Plan standards unless otherwise noted.
Plans shall be reviewed and approved by the Department of Public Works:
a. Improve Rancho Vista Road (Secondary Highway Standards - 88' R/W) to
include installation of sidewalk, street lights drainage facilities, signing and
striping, utilities (including but not limited to water and sewer).
b. Improve Mira Loma Drive (Collector Road Standards - 66' R/W) to include
installation of sidewalk, street lights, drainage facilities, signing and striping,
utilities (including but not limited to water and sewer).
39. Unless otherwise approved the following minimum criteria shall be observed in the
design of the street improvement plans:
a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00%
minimum over AC. paving.
b. Driveways shall conform to the applicable City Standard No. 207A
c. Street lights shall be installed along the public streets shall be designed in
accordance with City Standard No. 800, 801, 802 and 803.
d. Concrete sidewalks shall be constructed in accordance with City Standard Nos.
400 and 401.
e. All street and driveway centerline intersections shall be at 90 degrees.
f. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
g. All utility systems including gas, electric, telephone, water, sewer, and cable TV
shall be provided underground. Easements shall be provided as required where
adequate right-of-way does not exist for installation of the facilities. All utilities
shall be designed and constructed in accordance with City Codes and the utility
provider.
h. All utilities, except electrical lines rated 34kv or greater, shall be installed
underground
40. Private roads shall be designed to meet City public road standards. Unless otherwise
approved the following minimum criteria shall be observed in the design of private
streets:
a. Improve A, B, D and portion of C Street (Private Street - 48' R/E) to include
installation of full-width street improvements, paving, rolled curb and gutter,
sidewalk, drainage facilities, utilities (including but not limited to water and
sewer).
b. Improve a portion of C Street, east of A Street (Private Street - 24' R/E) to
include installation of full-width street improvements, paving, drainage facilities,
utilities (including but not limited to water and sewer).
c. Knuckles being required at 90 'bends' in the road.
d. Minimum safe horizontal centerline radii shall be required (all centerline radii
should be identified on the site plan).
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41. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer
and reviewed by the Department of Public Works for any street closure and detour or
other disruption to traffic circulation as required by the Department of Public Works.
42. Relinquish and waive right of access to and from Rancho Vista Road on the Final Map
as delineated on the approved Tentative Tract Map.
43. Relinquish and waive right of access to and from Mira Loma Drive on the Final Map with
the exception of two (2) openings as delineated on the approved Tentative Tract Map.
44. Corner property line cut off for vehicular sight distance and installation of pedestrian
facilities shall be provided at all street intersections in accordance with Riverside County
Standard No. 805.
45. The Developer shall provide an ingress/egress easement from Mira Loma Drive to Lot
83 of Tract Map No. 4010.
46. All easements and/or right-of-way dedications shall be offered for dedication to the
public or other appropriate agency and shall continue in force until the City accepts or
abandons such offers. All dedications shall be free from all encumbrances as approved
by the Department of Public Works.
47. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of
an existing Assessment District must comply with the requirements of said section. Prior
to City Council approval of the Final Map, the Developer shall make an application for
reapportionment of any assessments with appropriate regulatory agency.
48. Any delinquent property taxes shall be paid.
49. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the
Final Map to delineate identified environmental concerns and shall be recorded with the
map.
50. The Developer shall comply with all constraints which may be shown upon an
Environmental Constraint Sheet recorded with any underlying maps related to the
subject property.
51. The Developer shall make a good faith effort to acquire the required off-site property
interests, and if he or she should fail to do so, the Developer shall, prior to submittal of
the Final Map for recordation, enter into an agreement to complete the improvements
pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such
agreement shall provide for payment by the Developer of all costs incurred by the City to
acquire the off-site property interests required in connection with the subdivision.
Security of a portion of these costs shall be in the form of a cash deposit in the amount
given in an appraisal report obtained by the Developer, at the Developer's cost. The
appraiser shall have been approved by the City prior to commencement of the appraisal.
52. The Developer shall notify the City's cable TV Franchises of the Intent to Develop.
Conduit shall be installed to cable TV Standards at time of street improvements.
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14
53. Private drainage easements for cross-lot drainage shall be required and shall be
delineated and noted on the final map.
54. Easements, when required for roadway slopes, landscape easements, drainage
facilities, utilities, etc., shall be shown on the final map if they are located within the land
division boundary. All offers of dedication and conveyances shall be submitted for
review and recorded as directed by the Department of Public Works. On-site drainage
facilities located outside of road right-of-way shall be contained within drainage
easements and shown on the final map. A note shall be added to the final map stating
"drainage easements shall be kept free of buildings and obstructions".
Community Services Department
55. The developer shall satisfy the City's park land dedication requirement through the
payment of in-lieu fees equal to .66 acres of park land, based upon the City's then
current appraised park land valuation. Said requirement includes a twenty-five percent
(25%) credit for private recreational amenities.
56. The property owner shall dedicate to themselves lots 79 through 83 inclusive for
landscape and maintenance purposes.
57. TCSD shall review and approve the CC&R's, which shall address the following:
a. The location of the individual property owners' trash bins placement for servicing
will be designated and included in an exhibit.
b. HOA will paint an address on each bin for residential identification.
c. Address parking restrictions on street sweeping and trash pick up days.
d. Address HOA enforcement of trash collection and street sweeping issues.
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15
PRIOR TO ISSUANCE OF BUILDING PERMITS
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16
Planning Department
58. A gate or chain fence, subject to approval by the Director of Planning, shall be installed
at the entrance to the access road to Lot 2 of the project to prevent unauthorized access
to Lot 2 and the access road.
Public Works Department
59. Final Map 33584 shall be approved and recorded.
60. A Precise Grading Plan shall be submitted to the Department of Public Works for review
and approval. The building pad shall be certified by a registered Civil Engineer for
location and elevation, and the Soils Engineer shall issue a Final Soils Report
addressing compaction and site conditions.
61. Grading of the subject property shall be in accordance with the California Building Code,
the approved grading plan, the conditions of the grading permit, City Grading Standards
and accepted grading construction practices. The final grading plan shall be in
substantial conformance with the approved rough grading plan.
62. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and
all Resolutions implementing Chapter 15.06.
63. The Developer shall pay to the City the Western Riverside County Transportation
Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with,
Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing
Chapter 15.08.
Fire Prevention
64. Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall
be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval
signature block; and conform to hydrant type, location, spacing and minimum fire flow
standards. After the plans are signed by the local water company, the originals shall be
presented to the Fire Prevention Bureau for signatures. The required water system
including fire hydrants shall be installed and accepted by the appropriate water agency
prior to any combustible building materials being placed on an individual lot (CFC
8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1).
Community Services Department
65. Prior to the installation of street lights on Mira Loma Drive and Rancho Vista Road or
issuance of building permits, whichever comes first, the developer shall file an
application and pay the appropriate fees to the TCSD for the dedication of street lights
into the appropriate TCSD maintenance program.
66. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
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PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY
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18
Public Works Department
67. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP
have been constructed and installed in conformance with approved plans and are ready
for immediate implementation.
68. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
69. All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
70. All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works.
71. The existing improvements shall be reviewed. Any appurtenance damaged or broken
due to the construction operations of this project shall be repaired or removed and
replaced to the satisfaction of the Director of Public Works.
Fire Prevention
72. Prior to building final, all locations where structures are to be built shall have approved
Fire Department vehicle access roads to within 150 feet to any portion of the facility or
any portion of an exterior wall of the building(s). Fire Department access roads shall be
an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of
.25 feet (CFC sec 902 and Ord 99-14).
73. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective
Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3).
Community Services Department
74. The developer or his assignee shall submit, in a format as directed by TCSD staff, the
most current list of Assessor's Parcel Numbers assigned to the final project.
By placing my signature below, I confirm that I have read, understand and accept all of the
above Conditions of Approval. I further understand that the property shall be maintained in
conformance with these conditions of approval and that any changes I may wish to make to the
project shall be subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
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19
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING THE ZONING MAP OF THE
CITY OF TEMECULA FROM MEDIUM DENSITY
RESIDENTIAL (M) TO PLANNED DEVELOPMENT
OVERLAY (PDO-11) AND ADOPTING SECTIONS
17.22.220 THROUGH 17.22.228 INCLUDING THE PDO-11
TEXT AND DEVELOPMENT STANDARDS FOR THE
DEVELOPMENT OF 62 SINGLE-FAMILY DETACHED
HOMES ON CONDOMINIUM LOTS ON PROPERTY
LOCATED AT 29601 MIRA LOMA ROAD, GENERALLY
LOCATED AT THE NORTHEAST CORNER OF RANCHO
VISTA ROAD AND MIRA LOMA DRIVE (A.P.N. 944~60-
006)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Reza Shera of Pacific Group filed Planning Application No. PA05-
0234 on August 8, 2005, in a manner in accord with the City of Temecula General Plan
and Development Code.
Section 2. The applications for the Project were processed and an
environmental review was conducted as required by law, including the California
Environmental Quality Act.
Section 3. The Planning Commission of the City of Temecula held a duly
noticed public hearing on November 15, 2006, to consider the applications for the
Project and environmental review, at which time the City staff and interested persons
had an opportunity to, and did testify either in support or opposition to this matter.
Section 4. Following consideration of the entire record of information received
at the public hearings and due consideration of the proposed Project, the Planning
Commission adopted Resolution No. 06-62, recommending that the City Council
approve a Planned Development Overlay to amend the land use designation from
Medium Density Residential (M) to Planned Development Overlay (PDO-11) and adopt
Sections 17.22.220 through 17.22.228, including the PDO-11 text and development
standards for property located at 29601 Mira Loma Drive, generally located at the
northeast corner of Mira Loma Drive and Rancho Vista Road.
Section 5. On January 23, 2007, the City Council of the City of Temecula held
a duly noticed public hearing on the Project at which time all persons interested in the
Project had the opportunity and did address the City Council on these matters.
Section 6. At the conclusion of the City Council hearing and after due
consideration of the testimony, the City Council approved PA05-0234 subject to and
based upon the findings set forth hereunder.
Section 7. All legal preconditions to the adoption of this Ordinance have
occurred.
Section 8. The City Council, in approving the Planned Development Overlay
proposed in Planning Application PA05-0234, hereby makes the following findings:
A. The proposed Planned Development Overlay is consistent with the land
use designation of the General Plan of the City of Temecula in which the use is located,
as shown on the Land Use Map. The site is physically suitable for the type of uses
proposed for the project site, and the proposed Planned Development Overlay would
further the City's long-term economic development goals.
B. The proposed Planned Development Overlay conforms to the General
Plan and the use is in conformance with the goals, policies, programs, and guidelines of
the elements of the General Plan. The proposed Planned Development Overlay allows
for a use that will provide the diversity of uses desired in the General Plan and will
create a balanced community with additional housing opportunities available to the
community.
Section 1. Section 9. Environmental Findinqs. The City Council hereby
makes the following environmental findings and determinations in connection with the
approval of the Planned Development Overlay (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 proposed Planned
Development Overlay 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 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 September 7, 2006
and expired on September 28, 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 92589.
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 City 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
January 23, 2007 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.
E. Based on the findings set forth in the 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 10. Adoption of Zone Chanqe and Planned Development Overlav
Zone. Pursuant to the provisions of Section 17.02.030 of the Temecula Municipal
Code, the City Council hereby amends the Official Zoning Map of the City for the
property located at 29601 Mira Loma Drive, generally located at the northeast corner of
Mira Loma Drive and Rancho Vista Road (as shown on Exhibit A, which exhibit is
attached hereto and incorporated herein as though set forth in full) from "Medium
Density Residential (M)" to "Planned Development Overlay (PDO-11 )." Additionally, the
City Council hereby adds Sections 17.22.220 through 17.22.228, inclusive, to the
Temecula Municipal Code as said sections read on Exhibit B, which exhibit is attached
hereto and incorporated herein as though set forth in full, as PDO-11 for the for the
property located at 29601 Mira Loma Drive, generally located at the northeast corner of
Mira Loma Drive and Rancho Vista Road (as shown on Exhibit A, which exhibit is
attached hereto and incorporated herein as though set forth in full).
Section 11. Severabilitv. If any sentence, clause or phrase of this Ordinance is
for any reason held to be unconstitutional or otherwise invalid, such decision shall not
affect the validity of the remaining provisions of this ordinance. The City Council hereby
declares that the provisions of this Ordinance are severable and if for any reason a
court of competent jurisdiction shall hold any sentence, paragraph, or section of this
Ordinance to be invalid, such decision shall not affect the validity of the remaining parts
of this Ordinance.
Section 12. Notice of Adoption. The City Clerk shall certify to the adoption of
this Ordinance and shall cause the same to be published as required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 23rd day of January , 2007.
Chuch Washington, 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 Ordinance No. 07- was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 23rd day of January, 2007,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , 2007, 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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MIRA LOMA PLANNED DEVELOPMENT OVERLAY DIS TRICT
17.22.220
TITLE
Section 17.22.220 through 17.22.228 shall be known as "PDO-ll" (Mira Lorna
Planned Development Overlay District). (Ord )
17.22.22
PURPOSE AND INTENT
The Mira Lorna Planned Development Overlay District (PDO-ll) is intended to
meet the medium density residential criteria contained in the Land Use Element
of the General Plan. These requirements are intended to provide regulations for
detached single-family residential development within the City.
17.22.224
RELATIONSHIP WITH THE DEVELOPMENT CODE AND
CITYWIDE DESIGN GUIDELINES
A. The permitted uses for the Mira Lorna Planned Development
Overlay District is contained in section 17.22.226
B Except as modified by the provisions of section 17.22.228 the
following rules and regulations shall apply to all planning
applications in this area.
1. The Citywide Design Guidelines that are in effect at the time an
application is deemed complete.
2. The approval requirements contained in the Development Code
that are in effect at the time the application is deemed complete.
3. Any other relevant rule, regulation or standard that is in effect
at the time an application is deemed complete.
17.22.226
USE REGULATIONS
The Mira Lorna Planned Development Overlay district (PDO-ll), located along
Mira Lorna Drive and Rancho Vista Road, is intended to provide for the
development of 62 single-family detached homes on condominium lots on 7.4
acres with a density of 8.4 duj ac. The proposed project is comprised entirely of
private residential land uses designed to enhance housing opportunities,
consider natural features, incorporate private and common open space, private
recreation, and develop a common community theme. The project will provide
housing opportunities consistent with the City's General Plan policies in
response to local market demands and will provide for a visually pleasing
environment through adoption of supplemental performance standards that
have been provided to ensure compatibility with the adjacent neighborhoods.
17.22.228
SUPPLEMENTAL DESIGN AND SETBACK STANDARDS
A.
Single Family Residential
The residential component shall comply with the development
standards set forth in the Table 17.22.228.A The maximum
residential density shall be 10 units per gross acre.
Table 17.22.228.A
Residential Development Standards
Mira Lorna Planned Development Overlay District
IResidential Development Standards I PDO-ll
ILOT AREA
IMinimum net lot area (square feet) I 2,400 sq.ft.
IMaximum number of dwelling units per gross acre I 10
ILOT DIMENSIONS
IMinimum average width I 40 ft.
IMinimum lot depth I 60 ft.
IBUlLDING SETBACKS
IMinimum front yard1 I 5 ft.
IMinimum corner side yard1 I 10 ft.
IMinimum interior side yard I 5 ft.
IMinimum rear yard2 I 10 ft.
IMinimum building separation I 10 ft.
IOTHER REQUIREMENTS
IMaximum height I 25 ft.
IOpen space required I 20 %
IPrivate open space! per unit I 200 sq. ft.
Notes:
1. Measured from back of curb.
2. Measured from rear of building to rear of private open space easement.
Page 2 of 5
B. Architecture
The architecture for the project site shall comply with the requirements
contained in Section 17.06.070.C of the City's Municipal Code. The
architectural styles for the project shall be an eclectic mix of Monterey,
Craftsman and Spanish Colonial.
The Monterey style is a revival of the Anglo-influenced Spanish Colonial
houses of northern California. It is a fusion of Spanish Eclectic and
Colonial Revival details. Some identifying features are low pitched roofs
with second story balconies that are usually cantilevered and covered by a
principle roof.
The Spanish Colonial revival style is a collection of Spanish-influenced
sub-styles. Designers were inspired by a number of sources such as the
adobe and colonial buildings of early California and even Moorish,
medieval Spanish and Italian architecture. Some identifying features are
the use of arches, courtyards and large, distinctive, sometimes arched
feature windows on the front fa<;ade.
The Craftsman style began in the early 1900's in response to the Prairie
style being developed in the Midwest coast. Sometimes referred to as
California Bungalow, Greene and Greene popularized the approach by
introducing elements such as predominantly gable roofs, timber detailing,
increased roof overhangs, and porches (where possible). Materials such as
stone, siding and stucco are used to create an eclectic appearance.
The design of the structures shall include provisions to comply with the
following:
1. Streets cape:
The residential streetscape shall be designed in a manner so to create a
visually interesting street frontage. A variety of building designs and
model types shall be used to avoid a monotonous appearance along the
streetscape. Placement of the different models should be varied from
contiguous lots and lots directly across from each other. Following are
policies to help achieve an attractive and interesting streetscape:
a. Minimize the extent to which a garage protrudes from other
portions of the house by placing a second story over the garage.
b. Vary garage door treatments with different design details or by
using a combination of single- and two-door garages.
c. Use substantially different fa<;ade designs throughout the
development which will include a variety of complementary but
Page 3 of 5
contrasting colors, varied entry treatments, varied building heights,
and variety of design details and building forms.
2. Visual Appearance:
Houses shall be designed with relief in building facades. Extensive flat
and unbroken wall planes shall be avoided. Following are policies to help
achieve variations in wall planes and to provide an attractive elevation:
a. A variety of building colors and materials shall be provided to
provide contrast.
b. The use of materials that have a texture or depth.
c. Windows and door opening shall be provided in the appropriate
areas to divide facades into separate visual elements.
d. The use of architectural features such as porches, sloping portions
of the roof, and stepping back the upper levels shall be used to
provide offsets of the building planes.
3. Mass and Scale:
Box like design shall be avoided by using variations in the building
footprint. The use of a variety of shapes and forms including architectural
projections, such as roof overhangs or stepped facades which provide
contrast with vertical walls, and chimneys shall be used were feasible to
avoid box-like design. Excessive mass and bulk of the roof area shall be
broken up into smaller areas that reduce the apparent scale of the house
and provide visual interest. This shall be accomplished by varying the
height portions of the roof, varying the orientation of the roof, and by
using gables, or hip roofs.
C. Landscaping
Landscaping of the project shall conform with the Section 17.06.060 of the City's
Municipal Code. Landscape plans shall be required as part of the Development Plan
for the project and shall include the following:
1. The landscape design of the project consists of combination of ornamental
plant materials and use of drought-tolerant plant materials whenever possible.
2. Streetscape landscape for the major streets, Mira Lorna Drive and Rancho
Vista Road shall be planted with minimum 24"box specimen size street trees
spaced at 20'-0" o.c. spacing (maximum) with combination of 15 gallon,S
gallon and 1 gallon shrubs and ground cover. Introduction of 15 gallon hedge
shrubs spaced to adequately provide fence type screening along the public
right-of-way line. Flowering ground cover to be provided to fill any voids in
the streetscape landscape.
Page 4 of 5
3. Project entry at "D" Street shall include project entry wall to match
architectural style of the project as well as 48" box specimen trees, minimum
size evergreen flowering variety and combination of 15 gallon, 5 gallon, and 1
gallon shrubs in a interesting design pattern to provide visual interest at the
entry .
4. Common Area slope shall be provided with landscape with an appropriate
trees, shrubs, and ground cover to provide erosion control purpose to meet the
requirements of City's Municipal Code. All slope banks greater than or equal
to 3:1 shall, at a minimum, be irrigated and landscaped with appropriate plant
materials for erosion control and to soften their appearance as follows:
1. One fifteen gallon or larger tree per each six hundred square feet of slope
area;
2. One gallon or larger shrub for each one hundred square feet of slope area;
3. Appropriate ground cover, minimum spacing of 12" on center from flat
size container.
4. Slope banks in excess of eight feet in vertical height with slopes greater or
equal to 2: 1 shall also prove one five-gallon or larger tree per each one
thousand square feet of slope area in addition to the requirements of
subsection ofthis section.
5. Common front yard landscape shall be developed to provide community
landscape theme and landscape character for the project. All common front
yards will have automatic irrigation system maintained by the Homeowners
Association. Appropriate ornamental and drought tolerant plant materials
shall be used as follows:
a) One - 24"box specimen street tree per unit and additional two trees at
street corners.
b) Two - fifteen gallon background trees unit and additional two trees at
street corners.
c) Five gallon shrubs for building foundation planting and along the fence
Line.
d) One gallon shrubs as needed for accent color and mass planting.
e) Sodded turf and ground covers as needed.
6. Recreational Center shall be active use facility to provide family oriented
center including the development of children tot lot with special play
equipment structure. Recreational pool with generous pool activity areas for
social functions. Lush landscape for this facility will have ample specimen
size trees and shrubs for summer shading and visual interest.
All Common Landscape areas shall be landscaped per the above standards and
Maintained by the Homeowners Association for the proposed project.
Page 5 of 5
PC RESOLUTION NO. 06-61
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ,APPROVING TENTATIVE TRACT MAP NO.
33584 (FOR CONDOMINIUM PURPOSES) TO SUBDIVIDE 7.2
ACRES INTO THREE LOTS (ONE RESIDENTIAL
CONDOMINI~M LOT, ONE RECREATION LOT, AND ONE
OPEN SPACE LOT) .
Section 1. Reza Shera of Pacific Group filed Planning Application No. PA05-0109 on
April 13, 2005, in a manner in accord with the City of Temecula General Plan and Development
Code. .
Section 2. Planning Application No. PA05-01 09 was processed including, but not limited
to public notice, in the time and 'manner prescribed by State and local law, including the California
Environmental Quality Act. .
Section 3. The Planning Commission, at a regular meeting, considered Planning
Application No. P A05-01 09 on f\jovember 15, 2006, at a duly noticed public hearing as prescribed by
law, at which time the City staff !jnd interested persons had an opportunity to, and did, testify either
in support or opposition to this matter.
Section 4. At the cqnclusion of the Planning Commission's Hearing and after due
consideration of the testimony, tre Planning Commission recommended the City Council approve
PA05-0109, subject to and balled upon the findings set forth hereunder, after finding that the
proposed project conforms to t~e General Plan and Subdivision Ordinance.
Section 5.
(,
All legal qreconditions to the adoption of this Resolution have occurred.
G:IPlanning\2005IPA05-0109 Map No. 3358,~-TTM - Mira LomalPlannlnglFINAL PC TIM Resoiution.DOC
. 1
As designed and conditioned, the proposed subdivision map is consistent with the
development standards within the proposed Planned Development Overlay, Development
Code, Subdivision Ordinance, and General Plan.
B. The Tentative Map does not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965, nor is the land subject to a
Land Conservation Act contract;
The proposed land division does not divide land designated for conservation or agricultural
use.
C. The site is physically suitable for the uses and proposed density as shown on the
tentative map as proposed by the Tentative Map;
The site Is physically suitable for the uses and proposed density as shown on the tentative
map as proposed by the Applicant.
D. The design of the proposed subdivision and the proposed improvements, with
appropriate conditions of apprqval, is not likely to cause significant environmental damage or
substantially and avoidably injur,e fish or wildlife or their habitat;
There are no known fis,h, wildlife or habitat on the project site, and the project is not
anticipated to affect anyjf/sh, wildlife or habitat off-site.
E. The design of th~ subdivision and the type of improvements are not likely to cause
serious public health problems; ,
The project has been rqvlewed and commented on by the Fire Prevention Bureau, the
Pub!lo Works Departmer)t, and the Building and Safety Department. As a result, the project
will be conditioned to ad~ress their conoerns. Further, provisions are made In the General
Plan to ensure that the pUblic health, safety, and welfare are safeguarded, and the project is
consistent with this doc~ment.
~
F. The design of the! subdivision provides for future passive or natural heating or oooling
opportunities in the subdivision 10 the extent feasible; .
The design of the sUb~vision provides for future passive or natural heating or cooling
opportunities In the subdivision to the extent feasible. Prior to the construction of buildings,
the applicant wI/! be reqJired to submit building plans to the Building Department that comply
with the Uniform Building Code, which contains requirements for energy conservation.
,
}
G. The design of thil subdivision and the type of improvements will not conflict with
easements acquired by the publip at large for access through or use of property within the proposed
subdivision, or the design of th~, alternate easements which are substantially equivalent to those
previously acquired by the publi~ will be provided;
All required rights-of-way and easements have been provided on the Tentative Map or
required by Conditions of Approval. The City has reviewed these easements and has fount
no potential conf//cts. .
H.
(Quimby);
The subdivision (is consistent with the City's parkland dedication requirements
G,IPlanning\200SIPA05-0109 Map No. 335~4-TTM - Mira LomalPlanninglFlNAL PC TTM Resolutlon.DOC
2
This is a map for residentially zoned property and wi/! therefore be subject to applicable
Quimby fees at the time that building permits are Issued for the project site.
Section 9. Conditions. The Planning Commission of the City of Temecula hereby
recommends approval of the Project (P A05-0190; Tentative Tract Map No. 33584) with Conditions
of Approval as attached in Council Resolution Exhibit A.
Section 10. PASSEP, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 15th day of November, 2006.
L~~.
Ron Guerriero, hairman
.
---
ATTEST:
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~"~.'ST~F CALIFORNIA
'COUNTY OF RIVERSIDE
CITY OF TEMECULA
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)
) si;
)
I, Debbie Ubnoske, Secr~tary of the Temecula Planning Commission, do hereby certify that
the forgoing PC Resolution No. Q>6-61 was duly and regularly adopted by the Planning Commission
of the City of T emecula at a regUlar meeting thereof held on the 15th day of November, 2006, by the
following vote: l
AYES: 5
NOES: 0
PLANNING gOMMISSIONERS:
PLANNING 90MMISSIONERS:
PLANNING COMMISSIONERS:
'~ :
PLANNING C;OMMISSIONERS:
i
Carey, Chiniaeff, Guerriero, Harter, Telesio
None
ABSENT: 0
ABSTAIN: 0
None
None
7Y0)~' U~J6--
Debbie Ubnoske, Secretary
G:IPlanningI2005IPA05-0109 Map No. 33584-TIM - Mira LomalPlannlnglFlNAL PC TIM Resolutlon.DOC
3
PC RESOLUTION NO. 06-62
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE. CITY OF
TEMECULA FR'oM MEDIUM DENSITY RESIDENTIAL (M) TO
PLANNED DEVELOPMENT OVERLAY (PDO-11) AND ADOPT
SECTIONS 17.22.220 THROUGH 17.22.228 INCLUDING THE
PDO-11 TEXT PiND DEVELOPMENT STANDARDS
Section 1. Reza Shera of Pacific Group filed Planning Application No. PA05-0234 on
August 8, 2005, in a manner in accord with the City of Temecula General Plan and
Deveiopment Code.
Section 2. Planning Application No. PA05-0234 was processed including, but not
limited to a public notice, in the time and manner prescribed by State and local law.
Section 3. The Plarjning Commission, at a regular meeting, considered Planning
Application No. PA05-0234 oh November 15, 2006, at a duly noticed public hearing as
prescribed by law, at which tim~ the City staff and interested persons had an opportunity to and
did testify either in support or in' opposition to this matter. .
Section 4. At the conclusion of the Planning Commission's Hearing and after due
consideration of the testimony, ithe Planning Commission recommended the City Council adopt
an ordinance amending the 210ning Map from Medium Density Residential (M) to Planned
Development Overlay (PDO-11~ and adopt Sections 17.22.220 through 17.22.228 including the
PDO-11 Text and Developmen~ Standards in the form attached to this resolution as Exhibit A.
,
Section 5. Environm1ental Compliance. The Planning Commission Recommends
that the City Council Adopt a liMitigated Negative Declaration and Mitigation Monitoring Plan
based on the Initial Study for Panning Application Nos. PA05-0109 and PA05-0234, which was
prepared pursuant to CEQA Gu1delines Section 15072.
,
f
Section 6. Findinos.! The Planning Commission, in recommending approval of
Planning Application No. PA~5-0234 (Planned Development Overlay), hereby makes the
following findings: ; .
~ ;
o ;
,
A The proposed Rlanned Development Overlay is consistent with the land use
designation of the General Pla~ of the City of Temecula in which the use is located, as shown
on the Land Use Map. The gite is physically suitable for the type of uses proposed for the
project site, and the proposed ~Ianned Development Overlay would further the City's long-term
economic development goals. f
i
B. The proposed PI~nned Development Overlay conforms to the General Plan and
the use is in conformance with the goals, policies, programs, and guidelines of the elements of
the General Plan. The propdsed Planned Development Overlay allows for a use that will
provide the diversity of uses de:sired in the General Plan and will create a balanced community
with additional housing opportu~ities available to the community. .
G:IPlanning1200SIPAOS.0234 Mira Loma PQO. Planned Dev OverlaylPlannlnglFINAL PC PDO RESOLUTlON.doc
,
Section 8. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 15'h day of November, 2006.
/~ ~~ ~ ~
Ron Guerriero, C airman
ATTEST:
7)eh~-<:~.~~ ~
Debbie Ubnoske, Secretary
...---:?~ ~ ~: ~~>~.
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"<:~~.""(3.m(.' ,:;.rEMECULA )
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I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that the forgoing PC Resolution No. 06-62 was duly and regularly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the 15'h day of
November, 2006, by the followil)1g vote:
:
AYES:
NOES:
5
PLANNING dOMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio
o
f
PLANNING OOMMISSIONERS: None
~
ABSENT: 0
ABSTAIN: 0
PLANNING QOMMISSIONERS: None
,
::
.
PLANNING qOMMISSIONERS: None
~A~<-~K
Debbie Ubnoske, Secretary
G:IPlanning\200SIPAOS-0234 Mira Lorna, P(jQ - Planned Dev OverlaylPlanninglFINAL PC PDO RESOLUTION.doc
.. 2
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
NOVEMBER 15, 2006
CALL TO ORDER
The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on
Wednesday, November 15, 2006, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
ALLEGIANCE
Commissioner Carey led the audience in the Flag salute.
ROLL CALL
Present:
Commissioners: Carey, Telesio, Harter, Chiniaeff, and Chairman Guerriero.
Absent:
None.
PUBLIC COMMENTS
No public comments.
CONSENT CALENDAR
1 General Vacation of a portion of Ynez Road at Equitv Drive.
RECOMMENDATION
1.1 Findings of Consistency with the General Plan Circulation Element.
2 Minutes
RECOMMENDATION:
2.1 Approve the Minutes of November 1, 2006.
MOTION: Commissioner Telesio moved to approve the Consent Calendar. Commissioner
Chiniaeff seconded the motion and voice vote reflected unanimous approval.
COMMISSION BUSINESS
R:\MinutesPC\ 111506
3 Director's Hearinq Case Update
RECOMMENDATION:
3.1 Receive and File Director's Hearing Update for October.
It was the consensus of the Planning Commission to receive and file this report.
With regard to the Abbott East Campus (Guidant), Director of Planning Ubnoske advised that
the previously approved Development Agreement imposed that any future development would
require review at Director's Hearing rather than at a Planning Commission.
PUBLIC HEARING ITEMS
New Items
4 Planninq Application Nos. PA06-0135 and PA05-0402. a Conditional Use Permit and
Development Plan. submitted bv M & D Properties. to construct and operate a liquid natural
qa~ (LNG) station. The development will consist of one 45-foot hiqh LNG tank. and
emerqencv underqround water storaqe tank. and a 14.776 square foot officelwarehouse
buildinq. located at 28011 Diaz Road
Senior Planner Fisk provided a PowerPoint Presentation, highlighting on the following:
o Project Description
o Analysis
o Elevations
o Architectural Analysis
o Landscaping Analysis
o Environmental Determination.
In response to Commissioner Chiniaeffs questions, Mr. Fisk relayed the following:
o That although the proposed Liquid Natural Gas (LNG) tank would not be entirely
screened, it would be strategically placed behind the office and warehouse building
o That the tank will be built in Phase I and the building will be built in Phase II
o That with respect to screening, the project would be conditioned that all permitted
landscaping be placed immediately prior to the tank so that there would be sufficient
landscape screening, advising that it would be difficult to screen a 45' high tank
o That the proposed Liquid Natural Gas facility would be a conditionally permitted use in
the Light Industrial (L1) Zone within the City
o That staff does not review CC&Rs.
At this time, the public hearing was opened.
Mr. Joe Porras, architect, stated that the 30,000 gallon emergency water storage tank will be
installed directly underground and used to collect water run-off.
Clarifying the project, Mr. Bill Brooks (Civil Engineer for the proposed project) relayed that the
.30,000 gallon underground water tank would be used as an emergency collection secondary
containment system to collect water run-off in the event of a fire or any other emergency.
R:\MinutesPC\ 111506
2
Offering more information, Mr. Joe Porras noted the following:
o That all hazardous materials stored on site would be kept above ground within a secure
warehouse
o That both the Fire Prevention Department and County Department of Environmental
Health have reviewed the proposed project to ensure compliance with applicable Fire
Code standards and regulations
o That surrounding businesses have been noticed and that neither staff nor the applicant
received any opposition.
Adding additional information for the Planning Commission, Ms. Patricia Gunn representing
Downs Companies, offered the following:
o That the proposed project would be a warehouse that would store petroleum products
o That there will be office space within the warehouse that will be leased
o That the tanks will be bulk storage of Liquid Natural Gas (LNG)
o That the landscape plan would conform to the requirements of the Development Code
and Design Guidelines
o That the sale of fuel would be for commercial sales only, not retail
o That there will be no storage for facing fuel on site (customer pick-up on day of delivery
to warehouse).
In response to Commissioner Harter's query, Mr. Michael Lynch, representing Chart Industries,
noted that the nearest LNG facility to Temecula would be in Corona, California; advising that
any person purchasing Liquid Natural Gas would be required to complete a training course in
order to use such a facility; and that the color of the tank will be a single color with a chart logo.
Mr. Lynch noted that it would be his opinion that during the planning stages it would be more
feasible to use a vertical tank versus a horizontal tank and would comply with setback
requirements imposed by the Fire Department.
Mr. Gunn also relayed that all employees would be trained to meet all regulatory requirements
and advised that M&D properties will not be selling used trucks.
Explaining the use of Liquid Natural Gas (LNG), Mr. Bob Coale, representing Downs
Companies, relayed that the LNG would be liquid and would not be compressed; advised that
operational characteristics of the tanks would require that a certain amount of coldness be
contained within the tank; and that smaller tanks would cause the saturation pressure to change
resulting in more venting. He also stated that the containment area for this size tank (vertical) be
a minimum of 50' in all directions from any property line.
At this time, the public hearing was closed.
Commissioner Telesio stated that it would be his opinion that the 45' high LNG tank be installed
. horizontally versus vertically, noting that it would be more aesthetically pleasing; and that he
would be desirous of the applicant exploring this opportunity.
In response to Commissioner Chiniaeff's question, Director of Planning Ubnoske noted that
liquefied petroleum sales and distribution would be conditionally permitted in the Light Industrial
(L1) Zone.
R:\MinutesPC\111S06
3
Commissioner Chiniaeff stated the following:
o That he would not be convinced that two smaller tanks horizontally placed would not fit
o That he would not be clear on what the intent of the proposed project would be, advising
that the applicant would be giving revolving answers
o That he would be of the opinion that the proposed use would not be compatible for the
proposed site and, therefore, he cannot make the findings for approval.
Commissioner Carey also relayed that he would not be convinced that smaller tanks would not
fit on the proposed site and would not be confident in approving the project at this time as
proposed.
Stating that he would be in favor of the City supplying Liquid Natural Gas, Commissioner Harter
would not be aware of any other location that may be more suitable for this type of facility and
would be of the opinion that the proposed location would not be a concern.
Echoing Commissioner Harter's comments, Commissioner Telesio also noted no concern with
the proposed location.
To further clarify, Director of Planning Ubnoske advised that the City would be of the opinion
that this type of facility would be a necessity; and, therefore, applied for a grant for the
construction of the proposed project; that the Planning Commission would only be requested to
review aesthetics, site plan, and whether or not the project would be consistent with zoning. Ms.
Ubnoske recommended that the item be continued to the December 6, 2006, Planning
Commission meeting to allow the applicant an opportunity to present its project in more detail
and bring. alternatives forward with regard to horizontal versus vertical positioning for the LNG
tank.
Agreeing that this type of project would be a necessity, Chairman Guerriero would not have a
concern with the project, noting that he would be willing to continue the item if it were the desire
of the Planning Commission.
Concurring that the project would be a necessity, Commissioner Telesio reiterated that he would
be desirous of continuing the project to allow the applicant an opportunity to explore the
possibility of horizontal positioning of the tank.
MOTION: Commissioner Carey moved to continue Item No. 4 to the December 6, 2006,
Planning Commission meeting. Chairman Guerriero seconded the motion and voice vote
reflected approval with the exception of Commissioner Chiniaeff who voted No.
5 Planninq Application Nos. PA05-0109 and PA05-0234. a Tentative Tract Map (33584) and
Planned Development Overlav. submitted bv Reza Shera of the Pacific Group. for
condominium purposes to subdivide 7.24 acres into three lots (one residential condominium
lot. one recreation lot. and one open space lot). and to provide for development standards
R:\MinutesPC\ 111506
4
for the site that are specific to sinqle-familv homes on condominium lots. located at 29601
Mira Loma Road
Per PowerPoint Presentation, Senior Planner Fisk noted the following:
o Zoning
o Project Description
o Architecture
o Environmental Determination.
Staff recommended that the following Conditions of Approval be amended:
o That Temecula Community Services Department Condition of Approval No. 56: that
property owner shall dedicate to themselves lots 79 through 83 inclusive for landscape
and maintenance purposes be amended to impose: that the properlY owner shall
dedicate to themselves lots 2 and 3 for landscape and maintenance purposes
o That Public Works Condition of Approval No. 38 add language to impose: improve
Rancho Vista road (Secondary Highway Standards - 88' R/W to include installation of
drainage facilities, utilities (including but not limited to water and sewer.)
o And Improve Mira Loma Drive (Collector Road Standards - 66' R/W) to include
installation of sidewalk, drainage facilities, and utilities (including but not limited to water
and sewer.)
o That Public Works Condition of Approval No. 40 be amended to impose that: private
roads shall be designed to meet City public road standards, unless otherwise approved
on the Tentative Tract Map the following minimum criteria shall be observed in the
design of private streets.
For the Commission, Senior Planner Fisk noted that the Planned Development Overlay (PDO),
would establish design criteria and noted that the project would require product review by the
Planning Commission.
At this time, the public hearing was opened.
Mr. Bradley Hay, representing Hunsaker and Associates, noted the following:
o That the 10' all-weather access road would be meant to access trash clean up and
would not be intended to serve any fire needs
o That sidewalks currently exist on Mira Loma Road and Rancho Vista Road.
Via overheads, Mr. Robert Oder, representing Mira Loma Apartments, noted that although he
would not be opposed to the proposed project, he would have concern with the public access
road being used by individuals with ill intent and requested that the road be secured.
At this time, the public hearing was closed.
R:\MinutesPC\111506
5
,.
Referencing Commissioner Chiniaeff's question, Deputy Director Parks noted that he would be
of the opinion that the road was intended to be used as an access easement for the property
owner for maintenance.
Commissioner Chiniaeff requested that the applicant add a gate or chain fence to prevent public
entrance.
Mr. Hay noted that he would be willing to add a gate or chain fence to prevent public access.
MOTION: Commissioner Chiniaeff moved to approve staff recommendation subject to the
amended conditions as requested by staff as well as the addition of a fence or gate to prevent
public access. Commissioner Harter seconded the motion and voice vote reflected unanimous
approval.
PC RESOLUTION NO. 06-61
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE TRACT MAP NO. 33584
(FOR CONDOMINIUM PURPOSES) TO SUBDIVIDE 7.2 ACRES
INTO THREE LOTS (ONE RESIDENTIAL CONDOMINIUM LOT,
ONE RECREATION LOT, AND ONE OPEN SPACE LOT.)
COMMISSIONERS' REPORTS
Addressing Mr. Parks' retirement, Commissioner Chiniaeff requested that staff honor Mr. Parks
with a Certificate of Appreciation.
Referencing noncompliance issues regarding Home Depot on SR 79 South, Director of
Planning Ubnoske noted that staff will be meeting with the City Attorney on Thursday,
November 16, 2006, to address those issues.
For Commissioner Telesio, Director of Planning Ubnoske noted that staff will be actively
pursuing Marie Callendar and other restaurants that have not complied with the City's Design
Guidelines.
PLANNING DIRECTOR'S REPORT
Director of Planning Ubnoske noted that Mr. Aaron Adams and Mr. Bob Johnson will be the
City's new Assistant City Managers and that Mr. Grant Yates will be the new Deputy City
Manager.
ADJOURNMENT
R:\MinulesPC\ 111506
6
At 7:35 p.m., Chairman Guerriero formally adjourned to December 6. 2006. at 6:00 p.m., in the
City Council Chambers. 43200 Business Park Drive. Temecula.
Ron Guerriero
Chairman
Debbie Ubnoske
Director of Planning
R\MinutesPC\111506
7
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
Date of Meeting:
November 15, 2006
Prepared by:
Stuart Fisk, AICP
Title: Senior Planner
Project Description: Planning Application Nos. PA05-0109 and PA05-0234, a Tentative
Tract Map (33584) for condominium purposes to subdivide 7.2 acres
into three lots (one residential condominium lot, one recreation lot, and
one open space lot), and a Planned Development Overlay to provide
for development standards for the site that are specific to single-family
homes on condominium lots through the adoption of proposed PpO-11
sections 17.22.220 through 17.22.228, including the PDO tex1 and
Development Standards. The project site is located at 29601 Mira
Loma Road, generally located at the northeast corner of Rancho Vista
Road and Mira Loma Drive.
Recommendation: 0 Approve with Conditions
o Deny
o Continue for Redesign
o Continue to:
i:8'J Recommend Approval with Conditions
o Recommend Denial
CEQA:
o Categorically Exempt
(Class)
o Notice of Determination
(Section)
o Negative Declaration
i:8'J Mitigated Negative Declaration with Monitoring Plan
DEIR
G:\Planning\2005\PA05-0234 Mira Lorna PDQ - Planned Dev Overlay\Planning\PC~STAFF REPORT.doc
1
PROJECT DATA SUMMARY
Applicant:
Pacific Group; Reza Shera
General Plan Designation:
Medium Density Residential (M)
Medium Density Residential (M)
Current Zoning Designation:
Proposed Zoning
Designation:
Planned Development Overlay District 11 (Mira Loma PDO-11)
Site/Surrounding Land Use:
Site:
Vacant land covered with vegetation at the southern portion of the site and a
small school (The Carden Academy) at the northern portion of the site
North:
South:
East:
West:
Multi-Family Residential/Edison Sub-Station (H/PI)
Single-Family Residential (LM)
Single-Family ResidentialNail Elementary School (LM/PI)
Multi-Family Residential (H)
Lot Area:
7.2 Acres
Total Floor Area/Ratio NA
Landscape Area/Coverage NA
Parking Required/Provided Two covered spaces per uniVtwo covered spaces per unit
BACKGROUND SUMMARY
Staff has worked with the applicant to ensure that all concerns have been addressed, and the
applicant concurs with the recommended Conditions of Approval.
PROJECT DESCRIPTION
Tentative Tract Map
The proposed Tentative Tract Map (33584) is a request to subdivide 7.2 acres into three lots
consisting of one residential condominium lot, one recreation lot, and one open space lot.
Planned Development Overlav
The proposed Planned Development Overlay (PDO-11) would provide for development
standards for the site that are specific to single-family homes on condominium lots through the
adoption of proposed PDO-11 sections 17.22.220 through 17.22.228, including the PDO text and
Development Standards.
G:\Planning\2005\PA05-0234 Mira Lorna PDQ - PlannedDev Overlay\Planning\PC-STAFF REPORT.doc
2
ANALYSIS
Tentative Tract Map (33584)
The General Plan land use designation of Medium Density Residential allows for a density range
of 7.0 to 12.9 dwelling units per acre, with a target density of 10.0 dwelling units per acre. The
Development Code allows for 12 dwelling units per net acre, but also requires a minimum lot
area of 7,200 square feet. The proposed .Tentative Tract Map for condominium purposes will
result in 8.6 dwelling units per acre, thereby achieving the General Plan density range for the
proposed single-family development.
The proposed Tentative Tract Map has been conditioned to be consistent with the Development
Standards of PDO-11 and the Subdivision Ordinance, including minimum net lot area, minimum
lot frontage on a street, minimum lot width at required front setback area, and minimum lot width
and depth. The parcels are adequately configured to allow for the placement of single-family
homes in compliance with front yard, interior side yard, and rear yard setbacks as specified in
PDO-11.
Vehicular access to the site will be taken from two ingress/egress driveways along Mira Loma
Road. The Fire Department has reviewed the site plan and determined that there is proper.
access and circulation to provide emergency services.
Correspondence received from an adjacent property owner (see Attachment No.7) indicates
concerns regarding access, drainage, and trash clean up responsibilities with regard to the
property located east of and adjacent to the project site. To address these concerns, the
applicant has agreed to redesign the project to include a ten foot wide access easement within
Lot 2 of the project. The project has been conditioned that the Developer shall provide a paved
10-foot wide ingress/egress easement with a 15 percent maximum slope within Lot 2,behind
proposed building sites 60, 61, and 62, from Mira Loma Drive to Lot 83 of Tract Map No. 4010
(see Condition of Approval No.6, 24 and 45).
Planned Development Overlav
The purpose of the proposed Planned Development Overlay (PDO-11) is to provide
development standards for the site that will be specific to single family homes on condominium
lots. For the development of single-family homes on the project site, a Planned Development
Overlay (PDO) is necessary to meet the medium density residential criteria contained in the
General Plan. More specifically, building setbacks must be reduced from those listed in the
Development Code standards for the Medium Density Residential zone to achieve the General
Plan density range for the proposed single-family development.
Per Table 17.06.040 of the Development Code, the Medium Density Residential zone requires a
minimum net lot area of 7,200 square feet. However, this table also states that "lot sizes below
7,200 square feet can be accommodated with the approval of a Planned Development Overlay".
The Development Code contains this provision because the requirement for a minimum lot size
of 7,200 square feet typically does not allow single-family home developments to achieve the
General Plan density range. The proposed reduced lot sizes (or condominium exclusive use
areas), in conjunction with the proposed PDO, are consistent with the Development Code.
Multi-family homes are located to the north and west of the project site, and single-family homes
are located to the east and south of the project site. Because existing adjacent developmentto
the east of the project site is developed with single-family homes, staff believes that single-
G;\PlaIining\2005\PA05~0234-Mira Lorna POD - Planned Dev Overlay\Planning\PC.STAFF REPORT.doc
3
family detached homes are a more appropriate use for the site than multi-family homes and
supports the proposed reduced setbacks because reduced setbacks will be necessary to both
develop the site with single-family detached homes and to meet the General Plan density range
for the site.
The proposed PDO also proposes a reduction in the open space requirement from 25 percent
(per the Development Code) to 20 percent. All other development standards in the proposed
PDO are consistent with the Developmel]t Code for Medium Density Residential development.
The PDO proposes design criteria that call for Monterey, Spanish Colonial Revival, and
Craftsman architectural styles. The design criteria also specify streetscape policies to minimize
the ex1ent to which a garage protrudes from other portions of the house, varying garage door
. treatments, and the use of substantially different fagade designs throughout the development.
Visual appearance policies require a variety of building colors and materials to be utilized,
require the use of materials that have texture or depth, and the use of architectural features such
as porches, sloping portions of the roof, and stepping back the upper levels of the homes to
provide offsets in the building plans. Building mass and bulk are addressed through the
requirement for the use of a variety of shapes and forms including architectural projections such
as roof overhangs or stepped fagades which provide contract with vertical walls and by varying
the height portions of the roof, varying the orientation of the roof, and by using gables or hip
roofs.
The proposed PDO states that landscaping of the project shall conform to Section 17.06.060 of
the Development Code. In addition, landscape criteria for the Mira Loma Drive and Rancho
Vista Road streetscapes are provided, criteria for project entry at "0" street is provided, common
area landscape criteria is provided, and criteria for the recreation center on Lot 3 are provided.
ENVIRONMENTAL DETERMINATION
An Initial Study was prepared for the project and a Notice of Intent to adopt a Mitigated Negative
Declaration has been circulated for the project. The comment period for the proposed Mitigated
Negative Declaration was September 7,2006, to September 28,2006. No comments have been
received with regard to the proposed Mitigated Negative Declaration.
Mitigation measures identified in the Initial Study include mitigations for impacts to air quality and
to geology and soils. These mitigation measures are summarized below and are incorporated
into to the Tentative Tract Map Conditions of Approval.
Geology and Soils
..
Use cooled exhaust gas recirculation for diesel powered trucks and
equipment using either on-road or off-road diesel fuel and water
exposed surfaces three times daily during grading/soil disturbance
o erations.
Construction shall be consistent with Uniform Building Code
standards.
G:\Planning\2005\PA05-0234 Mira Loma PDQ - Planned Dev Overlay\Planning\PC-STAFF REPORT.doc
4
CONCLUSION/RECOMMENDATION
Staff has determined that the prapased praject, as canditianed, is cansistent with the City's
General Plan, Develapment Cade, and all applicable .ordinances, standards, guidelines, and
palicies, and pravides a benefit ta the cammunity by intraducing additianal hausing appartunities
ta the cammunity. Therefare, staff recammends that the Planning Cammissian recammend that
the City Cauncil apprave Planning Applicatian Nas. PA05-0109 and PA05-0234 and
recammend adaptian .of a Mitigated Negative Declaratian far the project based upon the findings
and the attached Canditians .of Appraval.
FINDINGS
Tentative Tract Map (Cade Sectian 16.09.140)
The Planning Cammissian, in recammending approval of PA05-0109 (Tentative Tract Map),
hereby recammends the fallawing findings as required in Sectian 16.09.140 .of the Temecula
Municipal Code:
1. The prapased subdivisian and the design and improvements .of the subdivisian are
cansistent with the Develapment Cade, Subdivisian Ordinance, General Plan, and the
City .of Temecula Municipal Cade.
As designed and candltianed, the prapased subdivisian map is cansistent with the
develapment standards within the prapased Planned Develapment Overlay,
Develapment Cade, Subdlvlsian Ordinance, and General Plan.
2. The Tentative Map daes not propase to divide land which is subject ta a contract entered
into pursuant ta the Califarnia Land Canservation Act .of 1965, nar is the land subject to a
Land Canservatian Act contract.
The prapased land divlsian daes nat divide land designated far canservatian .or
agricultural use.
3. The site is physically suitable far the uses and propased density as shown an the
tentative map as propased by the Tentative Map.
The site is physically suitable far the uses and prapased density as shawn an the
tentative map as propased by the Applicant.
4. The design .of the propased subdivisian and the prapased improvements, with
appropriate canditians .of approval, is nat likely ta cause significant environmental
damage .or substantially and avaidably injure fish .or wildlife .or their habitat.
There are na knawn fish, wildlife .or habitat an the praject site, and the project Is nat
anticipated ta affect any fish, wildlife .or habitat .off-site.
5. The design .of the subdivisian and the type .of improvements are nat likely ta cause
seriaus public health problems.
The praject has been reviewed and cammented an by the Fire Preventian Bureau, the
Public Warks Department, and the Building and Safety Department. As a result, the
praject wi/! be canditianed ta address their concerns. Further, pravisians are made in the
G:\Planning\2005\PA05-0234 Mira Lorna PD~ - Planned Dev OverJay\Planning\PC-STAFF REPORT.doc
5
General Plan to ensure that the public health, safety, and welfare are safeguarded, and
the project Is consistent with this document.
6. The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible.
The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible. Prior to the construction of
buildings, the applicant will be required to submit building plans to the Building
Department that comply with the Uniform Building Code, which contains requirements for
energy conservation.
7. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large for access through or use of property within
the proposed subdivision, or the design of the alternate easements which are
substantially equivalent to those previously acquired by the public will be provided.
All required rights-of-way and easements have been provided on the Tentative Map or
required by Conditions of Approval. The City has reviewed these easements and has
found no potential conflicts.
8. The subdivision is consistent with the City's parkland dedication requirements (Quimby).
This Is a map for residentially zoned property and will therefore be subject to applicable
Quimby fees at the time that building permits are issued for the project site.
Planned Development Overlav
The Planning Commission, in recommending approval of Planning Application No. PA04-0234
(Planned Development Overlay) hereby makes the following findings:
1 . The proposed Planned Development Overlay is consistent with .the land use designation
of the General Plan of the City of Temecula in which the use is located, as shown on the
Land Use Map. The site is physically suitable for the type of uses proposed for the
project site, and the proposed Planned Development Overlay would further the City's
long-term economic development goals.
2. The proposed Planned Development Overiay conforms to the General Plan and the use
is in conformance with the goals, policies, programs, and guidelines of the elements of
the General Plan. The proposed Planned Development Overlay allows for a use that will
provide the diversity of uses desired in the General Plan and will create a balanced
community with additional housing opportunities available to the community.
G:\Planning\2005\PA05-0234 Mira Lorna POD - Planned Dev Overlay\Planning\PC-STAFF REPORT.doc
6
ATTACHMENTS
1. Vicinity Map - Blue Page 8
2. Plan Reductions - Blue Page 9
3. PC Resolution No. 06-_ (Tentative Tract Map) - Blue Page 10
Exhibit A - City Council Ordinance No. 06-_
4. PC Resolution No. 06-_ (PDO-11) - Blue Page 11
Exhibit A - City Council Resolution 06-
5. Initial Study - Blue Page 12
6. Mitigation Monitoring Plan - Blue Page 13
7. Community Correspondence - Blue Page 14
,
G:\Planning\2005\PA05-0234 Mira Lorna PDO ~ Planned Dev Overlay\Planning\PC-STAFFREPORT.doc
7
ATTACHMENT NO.1
VICINITY MAP
G:\Planning\2005\PA05-0234 Mira Lorna PDa - Planned Dev Overlay\Planning\PC-STAFFREPORT.doc
8
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ATTACHMENT NO.2
PLAN REDUCTIONS
G:\Planning\2005\PA05-0234 Mira Lorna PDQ - Planned Dev Overlay\Planning\PC-STAFF REPORT.doc
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ATTACHMENT NO.3
PC RESOLUTION NO. 06-_
(TENTATIVE TRACT MAP)
G:\Planning\2005\PA05-0234 Mira Lorna PDO - Planned Dev Overlay\Planmng\PC-STAFFREPORT.doc
10
PC RESOLUTION NO. 06-_
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE TRACT MAP NO.
33584 (FOR CONDOMINIUM PURPOSES) TO SUBDIVIDE 7.2
ACRES INTO THREE LOTS (ONE. RESIDENTIAL
CONDOMINIUM LOT, ONE RECREATION LOT, AND ONE
OPEN SPACE LOT)
Section 1. Reza Shera of Pacific Group filed Planning Application No. PA05-0109 on
April 13, 2005, in a manner in accord with the City of Temecula General Plan and Development
Code. .
Section 2. Planning Application No. P A05-01 09 was processed including, but not limited
to public notice, in the time and manner prescribed by State and local law, including the California
Environmental Quality Act.
Section 3. The Planning Commission, at a regular meeting, considered Planning
Application No. PA05-01 09 on November 15, 2006, at a duly noticed public hearing as prescribed by
law, at which time the City staff and interested persons had an opportunity to, and did, testify either
in support or opposition to this matter.
Section 4. At the conclusion of the Planning Commission's Hearing and after due
consideration of the testimony, the Planning Commission recommended the City Council approve
PA05-0109, subject to and based upon the findings set forth hereunder, after finding that the
proposed project conforms to the General Plan and Subdivision Ordinance.
Section 5.
All legal preconditions to the adoption of this Resolution have occurred.
Section 6. Environmental Compliance. The Planning Commission Recommends that
the City Council Adopt a Mitigated Negative Declaration and Mitigation Monitoring Plan based on the
Initial Study for Planning Application Nos. PA05-01 09 and PA05-0234, which was prepared pursuant
to CEQA Guidelines Section 15072.
Section 7. Findinos. That the Planning Commission, in recommending approval of the
Application, hereby recommends the following findings as required in Section 16.09.140 of the
Temecula Municipal Code:
A. The proposed subdivision and the design and improvements of the subdivision are
consistent with the Development Code, SUbdivision Ordinance, General Plan, and the City of
Temecula Municipal Code;
G:IPlanning12005IP-*.05-0109 Map No. 33584.TTM - Mira LomalPlanninglDraft TTM Resolution.DOC
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As designed and conditioned, the proposed subdivision map Is consistent with the
development standards within the proposed Planned Development Overlay, Development
Code, Subdivision Ordinance, and General Plan.
B. The Tentative Map does not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965, nor is the land subject to a
Land Conservation Act contract;
The proposed land division does not divide land designated for conservation or agricultural
use.
C. The site is physically suitable for the uses and proposed density as shown on the
tentative map as proposed by the Tentative Map;
The site Is physically suitable for the uses and proposed density as shown on the tentative
map as proposed by the Applicant.
D. The design of the proposed subdivision and the proposed improvements, with
appropriate conditions of approval, is not likely to cause significant environmental damage or
substantially and avoidably injure fish or wildlife or their habitat;
There are no known fish, wildlife or habitat on the project site, and the project is not
anticipated to affect any fish, wildlife or habitat off-site.
E. The design of the subdivision and the type of improvements are not likely to cause
serious public health problems;
The project has been reviewed and commented on by the Fire Prevention Bureau, the
Public Works Department, and the Building and Safety Department. As a result, the project
wi/! be conditioned to address their concerns. Further, provisions are made In the General
Plan to ensure that the public health, safety, and welfare are safeguarded, and the project Is
consistent with this document.
F. The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the sUbdivision to the extent feasible;
The design of the subdivision provides for future passive or natural heating or cooling
opportunities In the subdivision to the extent feasible. Prior to the construction of buildings,
. the applicant wi/! be required to submit building plans to the Building Department that comply
with the Uniform Building Code, which contains requirements for energy conservation.
G. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large for access through or use of property within the proposed
subdivision, or the design of the alternate easements which are substantially equivalent to those
previously acquired by the public will be provided;
All required rights-of-way and easements have been provided on the Tentative Map or
required by Conditions of Approval. The City has reviewed these easements and has fount
no potential conflicts.
H.
(Quimby);
The subdivision is consistent with the City's parkland dedication requirements
G:IPlanning\2005IPA05-0109 Map No. 33584-TIM - Mira LomalPlanninglOraft TIM Resolution.DOC
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This Is a map for residentially zoned property and will therefore be subject to applicable
Quimby fees at the time that building permits are Issued for the project site.
Section 9. Conditions. The Planning Commission of the City of Temecula hereby
recommends approval of the Project (PA05-0190; Tentative Tract Map No. 33584) with Conditions
of Approval as attached in Council Resolution Exhibit A.
Section 10. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 15th day of November, 2006.
Ron Guerriero, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the T emecula Planning Commission, do hereby certify that
the forgoing PC Resolution No. 06- was duly and regularly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof held on the 15th day of November, 2006, by the
following vote:
AYES:
NOES:,
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
ABSENT:
ABSTAIN:
Debbie Ubnoske, Secretary
G:IPlanning12005IPA05-0109 Map No. 33584-TTM - Mira LomalPlanninglDraft TTM Resolution.DOC
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EXHIBIT A
CITY COUNCIL RESOLUTION 06-_
TENTATIVE TRACT MAP
G:IPlanning\2005IPA05-0109 Map No. 33584-TTM - Mira LomalPlanninglDraft TPM Resolution.DOC
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RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING TENTATIVE TRACT MAP
NO. 33584 (FOR CONDOMINIUM PURPOSES) TO
SUBDIVIDE 7.2 ACRES INTO THREE LOTS (ONE
RESIDENTIAL CONDOMINIUM LOT, ONE RECREATION
LOT, AND ONE OPEN SPACE LOT) AT 29601 MIRA
LOMA DRIVE, GENERALLY LOCATED AT THE
NORTHEAST CORNER OF MIRA LOMA DRIVE AND
RANCHO VISTA ROAD
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Reza Shera of Pacific Group filed Planning Application No. PA05-
0109 o'n April 13, 2005, in a manner in accord with the City of Temecula General Plan
and Development Code.
Section 2. The Application was processed including, but not limited to a public
notice, in the time and manner prescribed by State and local law.
Section 3. The Planning Commission, at a regular meeting, considered
Planning Application No. PA05-0109 on November 15, 2006, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to, and did, testify either in support or opposition to this matter.
Section 4. At the conclusion of the Planning Commission's Hearing and after
due consideration of the testimony, the Planning Commission recommended the City
Council approve PA05-0109, subject to and based upon the findings set forth
hereunder, after finding that the proposed project conforms to the General Plan and
Subdivision Ordinance.
Section 5. The Planning Commission adopted Resolution No. 06-_,
recommending that the City Council approve PDO-11 and adopt Section 17.22.220
through 17.22.228, including the PDO-11 text and development standards.
Section 6. On , 2006, the City Council of the City of Temecula
held a duly noticed public hearing on the Project at which time all persons interested in
the Project had the opportunity and did address the City Council on these matters.
Section 7. At the conclusion of the City Council hearing and after due
consideration of the testimony, the City Council approved the Tentative Tract Map for
the Project subject to and based upon the findings set forth hereunder.
Section 8. All legal preconditions to the adoption of this Resolution have
occu rred.
Section 9. Environmental Compliance. Adopt a Mitigated Negative
Declaration and Mitigation Monitoring Plan based on the Initial Study for Planning
Application Nos. PA05-0109 and PA05-0234, which was prepared pursuant to CEQA
Guidelines Section 15072.
Section 10. Findinas. That the City Council, in approving PA05-0109, hereby
makes the following findings as required in Section 16.09.140 of the Temecula
Municipal Code:
A. The proposed subdivision and the design and improvements of the
subdivision are consistent with the Development Code, Subdivision Ordinance, General
Plan, and the City of Temecula Municipal Code.
As designed and conditioned, the proposed subdivision map is consistent with
the development standards within the proposed Planned Development Overlay,
Development Code, Subdivision Ordinance, and General Plan.
B. The tentative map does not propose to divide land which is subject to a
contract entered into pursuant to the California Land Conservation Act of 1965, nor is
the land subject to a Land Conservation Act contract.
The proposed land division does not divide land designated for conservation or
agricultural use.
C. The site is physically suitable for the uses and proposed density as shown
on the tentative map as proposed by the Tentative Map.
The site is physically suitable for the uses and proposed density as shown on the
tentative map as proposed by the Applicant.
D. The design of the proposed subdivision and the proposed improvements,
with appropriate cOr:1ditions of approval, is not likely to cause significant environmental
damage or substantially and avoidably injure fish or wildlife or their habitat.
There are no known fish, wildlife or habitat on the project site, and the project is
not anticipated to affect any fish, wildlife or habitat off-site.
E. The design of the subdivision and the type of improvements are not likely
to cau,se serious public health problems.
The project has been reviewed and commented on by the Fire Prevention
Bureau, the Public Works Department, and the Building and Safety Department.
As a result, the project will be conditioned to address their concerns. Further,
provisions are made in the General Plan to ensure that the public health, safety,
and welfare are safeguarded, and the project is consistent with this document.
F. The design of the subdivision provides for future passive or natural
heating or cooling opportunities in the subdivision to the extent feasible.
The design of the subdivision provides for future passive or natural heating or
cooling opportunities in the subdivision to the extent feasible. Prior to the
construction of buildings, the applicant will be required to submit building plans to
the Building Department that comply with the Uniform Building Code, which
contains requirements for energy conservation.
G. The design of the subdivision and the type of improvements will not
conflict with easements acquired by the public at large for access through or use of
property within the proposed subdivision, or the design of the alternate easements
which are substantially equivalent to those previously acquired by the public will be
provided.
All required rights-of-way and easements have been provided on the Tentative
Map or required by Conditions of Approval. The City has reviewed these
easements and has fount no potential conflicts.
H. The subdivision is consistent with the City's parkland dedication
requirements (Quimby).
This is a map for residentially zoned property and will therefore be subject to
applicable Quimby fees at the time that building permits are issued for the project
site.
Section 11. Conditions. The City Council of the City of Temecula hereby
approves Tentative Tract Map No. 33584, Planning Application PA05-0190, subject to
conditions of approval as set forth in Exhibit A, attached hereto, and incorporated herein
by this reference as though set forth in full.
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 day of , 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 day of , 2006, by the
following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSTAIN:
Susan W. Jones, MMC
City Clerk
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No. PA06-0109
Project Description: A Tentative Tract Map No. 33584 (for condominium
purposes) to subdivide 7.2 acres into three lots (one
residential condominium lot, one recreation lot, and
one open space lot) at 29601 Mira Loma Drive,
generally located at the northeast corner of Mira Loma
Drive and Rancho Vista Road
DIF Category: Residential - Single Family
MSHCP Category: Residential (Between 8.1 and 14.0 DUlAC)
TUMF Category: Residential - Single Family
Assessor's Parcel Nos.: 944-060-006
Approval Date: November 15, 2006
Expiration Date: November 15, 2008
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicanVdeveloper shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of $64.00 for the County
administrative fee, to enable the City to file the Notice of Determination with a
DeMinimus Finding for the Mitigated or Negative Declaration required under Public
Resources Code Section 21152 and California Code of Regulations Section 15075. If
. within said 48-hour period the applicanVdeveloper has not delivered to the Planning
Department the check as required above, the approval for the project granted shall be
void by reason of failure of condition (Fish and Game Code Section 711.4(c)).
G:\PlanIling\2005\PA05~Ol09 Map No. 33584~TIM - Mira Loma\Planning\Draft COAs.doc
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GENERAL REQUIREMENTS
G:\Planning\2005\PA05-0l09 Map No. 33584-TIM - Mira Loma\Planning\Draft COAs.doc
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Planning Department
2. The tentative subdivision shall comply with the State of California Subdivision Map Act
and to all the requirements of Ordinance No. 460, unless modified by the conditions
listed below. A time extension may be approved in accordance with the State Map Act
and City Ordinance, upon written request, if made 60 days prior to the expiration date.
3. The applicant and owner of the real property subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's
own selection from any and all claims, actions, awards, judgments, or proceedings
against the City to attack, set aside, annul, or seek monetary damages resulting, directly
or indirectly, from any action in furtherance of and the approval of the City, or any
agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning the Planning
Application. The City shall be deemed for purposes of this condition, to include any
agency or instrumentality thereof, or any of its elected or appointed officials, officers,
employees, consultants, contractors, legal counsel, and agents. City shall promptly
notify both the applicant and landowner of any claim, action, or proceeding to which this
condition is applicable and shall further cooperate fully in the defense of the action. The
City reserves the right to take any and all action the City deems to be in the best interest
of the City and its citizens in regards to such defense.
4. The applicant shall sign two copies of the final Conditions of Approval that will be
provided by the Planning Department and return one signed copy to the Planning
Department for their files.
5. A Homeowners Association may not be terminated without prior City approval.
6. The Developer shall provide a paved 10-foot wide ingress/egress easement with a 15
percent maximum slope within Lot 2, behind proposed building sites 60, 61, and 62, from
Mira Loma Drive to Lot 83 of Tract Map No. 4010.
Fire Prevention
7. All previous existing conditions for this project, Specific Plan, or Development
Agreement will remain in full force and effect unless superseded by more stringent
requirements here.
8. Final fire and life safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which
are in force at the time of building plan submittal.
9. The Fire Prevention Bureau is required to set a minimum fire flow for residential land
division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this
project, a water system capable of delivering 1500 GPM at 20 PSI residual operating
pressure with 2 hour duration. The required fire flow may be adjusted during the
approval process to reflect changes in design, construction type, or automatic fire
protection measures as approved by the Fire Prevention Bureau. The Fire Flow as
given above has taken into account all information as provided (CFC 903.2, Appendix
III.A).
G:\Planning\2005\PA05-0109 Map No. 33584-TIM ~Mira Loma\Planning\Draft COAs.doc
3
10. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be
located on Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet
from any point on the street or Fire Department access road(s) frontage to a hydrant.
The required fire flow shall be available from any adjacent hydrant(s) in the system. The
upgrade of existing fire hydrants may be required (CFC 903.2, 903.4.2, and Appendix 111-
B).
11. If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction (CFC 8704.2 and 902.2.2). This will include all internal
roads, connecting roads between phases, and construction gates. All required access
must be in and available prior to and during all construction.
12: Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle a.ccess roads for use until permanent
roads are installed. Temporary Fire Department access roads shall be an all weather
surface for 80,000 Ibs GVW (CFC 8704.2 and 902.2.2.2).
13. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches (CFC 902.2.2.1 and Ord 99-14).
14. All/any manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by firefighting personnel (CFC 902.4).
Public Works Department
15. It is understood that the Developer correctly shows on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses,
and their omission may require the project to be resubmitted for further review and
revision.
16. A Grading Permit for either rough or precise grading shall be obtained from the
Department of Public Works prior to commencement of any construction outside of the
City-maintained road right-of-way.
17. An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
18. All improvement and grading plans shall be coordinated for consistency with adjacent
projects and existing improvements contiguous to the site and shall be submitted on
standard 24" x 36" City of Temecula mylars.
Community Services Department
19. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
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20. Any damage caused to existing Class II Bike Lanes on Rancho Vista Road during
construction will need to be repaired and/or replaced to the satisfaction of the Public
Works Department.
21. The Applicant shall comply with the Public Art Ordinance.
22. All parkways, landscaping, drainage facilities, fencing, street lights on private roads and
recreational facilities shall be maintained by an established Home Owners' Association
(HOA).
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Public Works Department
23. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
24. The Developer shall provide an ingress/egress easement from Mira Loma Drive to Lot
83 of Tract Map No. 4010.
25. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City
of Temecula standards and approved by the Department of Public Works prior to
commencement of any grading. The plan shall incorporate adequate erosion control
measures to protect the site and adjoining properties from damage due to erosion.
26. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to
the Department of Public Works with the initial grading plan check. The report shall
address all soils conditions of the site, and provide recommendations' for the
construction of engineered structures and preliminary pavement sections.
27. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the
Department of PUblic Works with the initial grading plan check. The study shall identify
storm water runoff quantities expected from the development of this site and upstream of
the site. It shall identify all existing or proposed off-site or on-site, public or private,
. drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an
adequate outfall capable of receiving the storm water runoff without damage to public or
private property. The study shall include a capacity analysis verifying the adequacy of
all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the
storm water runoff shall be provided as part of development of this project. The basis for
analysis and design shall be a storm with a recurrence interval of one hundred years.
28. Construction-phase pollution prevention controls shall be consistent with the City's
Grading, Erosion & Sediment Control Ordinance and associated technical manual, and
the City's standard notes for Erosion and Sediment Control.
29. ,A Water Quality Management Plan (WQMP) shall be reviewed and accepted.
30. The project shall demonstrate coverage under the State NPDES General Permit for
Construction Activities by providing a copy of the Waste Discharge Identification number
(WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater
Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration
of construction activities.
31. The Developer shall post security and enter into an agreement guaranteeing the grading
and erosion control improvements in conformance with applicable City Standards and
subject to approval by the Department of Public Works.
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32. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's
check or money order, prior to issuance of permits, based on the prevailing area
drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already
been credited to this property, no new charge needs to be paid.
33. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula
Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that
Ordinance or by providing documented evidence that the fees have already been paid.
34. The Developer shall obtain letters of approval or easements for any off-site work
performed on adjoining properties. The letters or easements shall be in a format as
directed by the Department of Public Works.
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PRIOR TO FINAL MAP APPROVAL
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Planning Department
35. The following shall be submitted to and approved by the Planning Division:
a. A copy of the Final Map.
b. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
i. This property is . located within thirty (30) miles of Mount Palomar
Observatory. All proposed outdoor lighting systems shall comply with the
California Institute of Technology, Palomar Observatory
recommendations, Ordinance No. 655.
c. A copy of the Covenants, Conditions, and Restrictions (CC&R's):
i. CC&R's shall be reviewed and approved by the Planning Director. The
CC&R's shall include liability insurance and methods of maintaining open
space, recreation areas, parking areas, private roads, exterior of all
buildings and all landscaped and open areas including parkways.
ii. The CC&R's shall be prepared at the developer's sole cost and expense.
iii. The CC&R's shall be in the form and content approved by the Planning
Director, City Engineer and the City Attorney and shall include such
provisions as are required by this approval and as said officials deem
necessary to protect the interests of the City and it's residents.
iv. The CC&R's and Articles of Incorporation of the Property Owner's
Association are subject to the approval of the Planning and Public Works
Departments and the City Attorney. They shall be recorded concurrent
with the final map. A recorded copy shall be provided to the City.
v. The CC&R's shall provide for the effective establishment, operation,
management, use, repair and maintenance of all common areas,
drainage and facilities.
vi. The CC&R's shall provide that the property shall be developed, operated
and maintained so as not to create a public nuisance.
vii. The CC&R's shall provide that the association may not be terminated
without prior City approval. .
viii. The CC&R's shall provide that if the property is not maintained in the
condition required by the CC&R's, then the City, after making due
demand and giving reasonable notice, may enter the property and
perform, at the owner's sole expense, any maintenance required thereon
by the CC&R's or the City Ordinances. The property shall be subject to a
lien in favor of the City to secure any such expense not promptly
reimbursed.
ix. Every owner of a suite or lot shall own as an appurtenance to such suite
or lot, either (1) an undivided interest in the common areas and facilities,
or (2) a share in the corporation, or voting membership in an association
owning the common areas and facilities.
x. All open areas and landscaping shall be permanently maintained by the
association or other means acceptable to the City. Such proof of this
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maintenance shall be submitted to the Planning and Public Works
Department prior to the issuance of building permits.
xl. Reciprocal access easements and maintenance agreements ensuring
access to aU parcels and joint maintenance of all roads, drives or parking
areas shall be provided by the CC&R's or by deeds and shall be recorded
concurrent with the map or prior to the issuance of building permit where
no map is involved.
36. No lot or suite in the development shall be sold unless a corporation, association,
property owner's group or similar entity has been formed with the right to assess all
properties individually owned or jointly owned which have any rights or interest in the
use of the common areas and common facilities in the development, such assessment
power to be sufficient to meet the expenses of such entity, and with authority to control,
and the duty to maintain, all of said mutually available features of the development.
Such entity shall operate under recorded CC&R's, which shall include compulsory
membership of all owners of lots and/or suites and flexibility of assessments to meet
changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit
enforcement by the City for provisions required as Conditions of Approval. The
developer shall submit evidence of compliance with this requirement to, and receive
approval of, the City prior to making any such sale. This condition shall not apply to land
dedicated to the City for public purposes.
Public Works Department
Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall
complete the following or have plans submitted and approved, subdivision improvement
agreements executed and securities posted:
37. As deemed necessary by the Department of Public Works, the Developer shall receive'
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Rancho California Water District
c. Eastern Municipal Water District
d. Riverside County Flood Control and Water Conservation District
e. City of Temecula Fire Prevention Bureau
f. Planning Department
g. Department of Public Works
h. Riverside County Health Department
I. Adelphia
j. Community Services District
k. Verizon
I. Southern California Edison Company
m. Southern California Gas Company
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38. The Developer shall design and guarantee construction of the following public
improvements to City of Temecula General Plan standards unless otherwise noted.
Plans shall be reviewed and approved by the Department of Public Works:
a. Improve Rancho Vista Road (Secondary Highway Standards - 88' R/W) to
include installation of sidewalk, street lights drainage facilities, signing and
striping, utilities (including but not limited to water and sewer).
b. Improve Mira Loma Drive (Collector Road Standards - 66' R/W) to include
installation of sidewalk, street lights, drainage facilities, signing and striping,
utilities (including but not limited to water and sewer).
39. Unless otherwise approved the following minimum criteria shall be observed in the
design of the street improvement plans:
a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00%
minimum over A.C. paving.
b. Driveways shall conform to the applicable City Standard No. 207A.
c. Street lights. shall be installed along the public streets shall be designed in
accordance with City Standard No. 800, 801, 802 and 803.
d. Concrete sidewalks shall be constructed in accordance with City Standard Nos.
400 and 401.
e. All street and driveway centerline intersections shall be at 90 degrees.
f. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
g. All utility systems including gas, electric, telephone, water, sewer, and cable TV
shall be provided underground. Easements shall be provided as required where
adequate right-of-way does not exist for installation of the facilities. All utilities
shall be designed and constructed in accordance with City Codes and the utility
provider.
h. All utilities, except electrical lines rated 34kv or greater, shall be installed
underground
40. Private roads shall be designed to meet City public road standards. Unless otherwise
approved the following minimum criteria shall be observed in the design of private
streets:
a. Improve A, B, D and portion of C Street (Private Street - 48' RlE) to include
installation of full-width street improvements, paving, rolled curb and gutter,
sidewalk, drainage facilities, utilities (including but not limited to water and
sewer).
b. Improve a portion of C Street, east of A Street (private Street - 24' RlE) to
include installation of full-width street improvements, paving, drainage facilities,
utilities (including but not limited to water and sewer).
c. Knuckles being required at 90 'bends' in the road.
d. Minimum safe horizontal centerline radii shall be required (all centerline radii
should be identified on the site plan).
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41. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer
and reviewed by the Department of Public Works for any street closure and detour or
other disruption to traffic circulation as required by the Department of Public Works.
42. Relinquish and waive right of access to and from Rancho Vista Road on the Final Map
as delineated on the approved Tentative Tract Map.
43. Relinquish and waive right of access to and from Mira Loma Drive on the Final Map with
the exception of two (2) openings as delineated on'the approved Tentative Tract Map.
44. Corner property line cut off for vehicular sight distance and installation of pedestrian
facilities shall be provided at all street intersections in accordance with Riverside County
Standard No. 805.
45. The Developer shall provide an ingress/egress easement from Mira Loma Drive to Lot
83 of Tract Map No. 4010.
46. All easements and/or right-of-way dedications shall be offered for dedication to the
public or other appropriate agency and shall continue in force until the City accepts or
abandons such offers. All dedications shall be free from all encumbrances as approved
by the Department of Public Works.
47. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of
an existing Assessment District must comply with the requirements of said section. Prior
to City Council approval of the Final Map, the Developer shall make an application for
reapportionment of any assessments with appropriate regulatory agency.
48. Any delinquent property taxes shall be paid.
49. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the
Final Map to delineate identified environmental concerns and shall be recorded with the
map. '
50. The Developer shall comply with all constraints which may be shown upon an
Environmental Constraint Sheet recorded with any underlying maps related to the
subject property.
51. The Developer shall make a good faith effort to acquire the required off-site property
interests, and if he or she should fail to do so, the Developer shall, prior to submittal of
the Final Map for recordation, enter into an agreement to complete the improvements
pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such
agreement shall provide for payment by the Developer of all costs incurred by the City to
acquire the off-site property interests required in connection with the subdivision.
Security of a portion of these costs shall be in the form of a cash deposit in the amount
given in an appraisal report obtained by the Developer, at the Developer's cost. The
appraiser shall have been approved by the City prior to commencement of the appraisal.
52, The Developer shall notify the City's cable TV Franchises of the Intent to Develop.
Conduit shall be installed to cable TV Standards at time of street improvements.
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53. Private drainage easements for cross-lot drainage shall be required and shall be
delineated and noted on the final map.
54. Easements, when required for roadway slopes, landscape easements, drainage
facilities, utilities, etc., shall be shown on the final map if they are located within the land
division boundary. All offers of dedication and conveyances shall be submitted for
review and recorded as directed by the Department of Public. Works. On-site drainage
facilities located outside of road right-of-way shall be contained within drainage
easements and shown on the final map. A note shall be added to the final map stating
"drainage easements shall be kept free of buildings and obstructions':
Community Services Department
55. The developer shall satisfy the City's park land dedication requirement through the
payment of in-lieu fees equal to .66 acres of park land, based upon the City's then
current appraised park land valuation. Said requirement includes a twenty-five percent
(25%) credit for private recreational amenities.
56. The property owner shall dedicate to themselves lots 79 through 83 inclusive for
landscape and maintenance purposes.
57. TCSD shall review and approve the CC&R's, which shall address the following:
a. The location of the individual property owners' trash bins placement for servicing
will be designated and included in an exhibit.
b. HOA will paint an address on each bin for residential identification.
c. Address parking restrictions on street sweeping and trash pick up days.
d. Address HOA enforcement of trash collection and street sweeping issues.
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PRIOR TO ISSUANCE OF BUILDING PERMITS
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Public Works Department
58. Final Map 33584 shall be approved and recorded.
59. A Precise Grading Plan shall be submitted to the Department of Public Works for review
and approval. The, building pad shall be certified by a registered Civil Engineer for
location and elevation, and the Soils Engineer shall issue a Final Soils Report
addressing compaction and site conditions.
60. Grading of the subject property shall be in accordance with the California Building Code,
the approved grading plan, the conditions of the grading permit, City Grading Standards
and accepted grading construction practices. The final grading plan shall be in
substantial conformance with the approved rough grading plan. .
61. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and
all Resolutions implementing Chapter 15.06.
62. The Developer shall pay to the City the Western Riverside County Transportation
Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with,
Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing
Chapter 15.08.
Fire Prevention
63. Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall
be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval
signature block; and conform to hydrant type, location, spacing and minimum fire flow
standards. After the plans are signed by the local water company, the originals shall be
presented to the Fire Prevention Bureau for signatures. The required water system
including fire hydrants shall be installed and accepted by the appropriate water agency
prior to any combustible building materials being placed on an individual lot (CFC
8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1).
Community Services Department
64. Prior to the installation of street lights on Mira Loma Drive and Rancho Vista Road or
issuance of building permits, whichever comes first, the developer shall file an
application and pay the appropriate fees to the TCSD for the dedication of street lights
into the appropriate TCSD maintenance program.
65. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
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PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY
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Public Works Department
66. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP
have been constructed and installed in conformance with approved plans and are ready
for immediate implementation.
67. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
68. All necessary certifications and clearances from engineers, utility companies and public
agencies shaH be submitted as required by the Department of Public Works.
69. All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works.
70. The existing improvements shall be reviewed. Any appurtenance damaged or broken
due to the construction operations of this project shall be repaired or removed and
replaced to the satisfaction of the Director of Public Works.
Fire Prevention
71. Prior to building final, all locations where structures are to be built shall have approved
Fire Department vehicle access roads to within 150 feet to any portion of the facility or
any portion of an exterior wall of the building(s). Fire Department access roads shall be
an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of
.25 feet (CFC sec 902 and Ord 99-14).
72. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective
. Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3).
Community Services Department
73. The developer or his assignee shall submit, in a format as directed by TCSD staff, the
most current list of Assessor's Parcel Numbers assigned to the final project.
By placing my signature below, I confirm that I have read, understand and accept all of the
above Conditions of Approval. I further understand that the property shall be maintained in
conformance with these conditions of approval and that any changes I may wish to make to the
project shall be subject to Community Development Department approval.
Appli<;ant's Signature
Date
Applicant's Printed Name
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ATTACHMENT NO.4
PC RESOLUTION NO. 06-_
(PDO-11)
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PC RESOLUTION NO. 06-62
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FROM MEDIUM DENSITY RESIDENTIAL (M) TO
PLANNED DEVELOPMENT OVERLAY (PDO-11) AND ADOPT
SECTIONS 17.22.220 THROUGH 17.22.228 INCLUDING THE
PDO-11 TEXT AND DEVELOPMENT STANDARDS
Section 1.
August 8, 2005, in
Development Code.
Section 2. Planning Application No. PA05-0234 was processed including, but not
limited to a public notice, in the time and manner prescribed by State and local law.
Reza Shera of Pacific Group filed Planning Application No. PA05-0234 on
a manner in accord with the City of Temecula General Plan and
Section 3. The Planning Commission, at a regular meeting, considered Planning
Application No. PA05-0234 on November 15, 2006, at a duly noticed public hearing as
prescribed by law, at which time the City staff and interested persons had an opportunity to and
did testify either in support or in opposition to this matter.
Section 4. At the conclusion of the Planning Commission's Hearing and after due
consideration of the testimony, the Planning Commission recommended the City Council adopt
an ordinance amending the Zoning Map from Medium Density Residential (M) to Planned
Development Overlay (PDO-11) and adopt Sections 17.22.220 through 17.22.228 including the
PDO-11 Text and Development Standards in the form attached to this resolution as Exhibit A.
Section 5. Environmental Compliance. The Planning Commission Recommends
that the City Council Adopt a Mitigated Negative Declaration and Mitigation Monitoring Plan
based on the Initial Study for Planning Application Nos. PA05-0109 and PA05-0234, which was
prepared pursuant to CEQA Guidelines Section 15072.
Section 6. Findinas. The Planning Commission, in recommending approval of
Planning Application No. PA05-0234 (Planned Development Overlay), hereby makes the
following findings:
A. The proposed Planned Development Overlay is consistent with the land use
designation of the General Plan of the City of Temecula in which the use is located, as shown
on the Land Use Map. The site is physically suitable for the type of uses proposed for the
project site, and the proposed Planned Development Overlay would further the City's long-term
economic development goals.
B. The proposed Planned Development Overlay conforms to the General Plan and
the use is in conformance with the goals, policies, programs, and guidelines of the elements of
the General Plan. The proposed Planned Development Overlay allows for a use that will
provide the diversity of uses desired in the General Plan and will create a balanced community
with additional housing opportunities available to the community.
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Section 8. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 15th day of November, 2006.
Ron Guerriero, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that the forgoing PC Resolution No. 06- was duly and regularly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the 15th day of
November, 2006, by the following vote:
AYES:
NOES:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
ABSENT:
ABSTAIN:
Debbie Ubnoske, Secretary
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EXHIBIT A
PROPOSED CITY COUNCIL ORDINANCE NO. 06-_
(PLANNED DEVELOPMENT OVERLAY)
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3
EXHIBIT A
ZONING MAP
G:IPlanning\200SIPAOS.0234 Mira Lorna PDO - Planned Dev OverlaylPlanninglDraft PC PDO RESOLUTION.doc
7
EXHIBIT B
MIRA LOMA PDO-11
G:\Planning\2005\PA05-0234 Mira Lorna PD~ - Planned Dev Overlay\Planning\Draft PC PDO RESOLUTION.doc
8
MIRA LOMA PLANNED DEVELOPMENT OVERLAY DISTRICT
17.22.220
TITLE
Section 17.22.220 through 17.22.228 shall be known as "PDO-ll" (Mira Lorna
Planned Development Overlay District). (Ord )
17.22.22
PURPOSE AND INTENT
The Mira Lorna Planned Development Overlay District (PDO-ll) is intended to
meet the medium density residential criteria contained in the Land Use Element
of the General Plan. These requirements are intended to provide regulations for
detached single-family residential development within the City.
17.22.224
RELATIONSHIP WITH THE DEVELOPMENT CODE AND
CITYWIDE DESIGN GUIDELINES
A,
The permitted uses for the Mira Lorna Planned Development
Overlay District is contained in section 17.22.226
B Except as modified by the provisions of section 17.22.228 the
following rules and regulations shall apply to all planning
applications in this area.
1. The Citywide Design Guidelines that are in effect at the time an
application is deemed complete.
2. The approval requirements contained in the Development Code
that are in effect at the time the application is deemed complete.
3. Any other relevant rule, regulation or standard that is in effect
at the time an application is deemed complete.
17.22.226
USE REGULATIONS
;
The Mira Lorna Planned Development Overlay district (PDO-ll), located along
Mira Lorna Drive and Rancho Vista Road, is intended to provide for the
development of 62 single-family detached homes on condominium lots on 7.4
acres with a density of 8.4 duj ac. The proposed project is comprised entirely of
private residential land uses designed to enhance housing opportunities,
consider natural features, incorporate private and common open space, private
recreation, and develop a common community theme. The project will provide
housing opportunities consistent with the City's General Plan policies in
response to local market demands and will provide for a visually pleasing
environment through adoption of supplemental performance standards that
have been provided to ensure compatibility with the adjacent neighborhoods.
17.22.228
SUPPLEMENTAL DESIGN AND SETBACK STANDARDS
A.
Single Family Residential
The residential component shall comply with the development
standards set forth in the Table 17.22.228.A The maximum
residential density shall be 10 units per gross acre.
I
I
[ Mira Lorna Planned Development Overlay DislTict
'Residential Development Standards PDO-ll
jLOT AREA
IMinimu~-;;~tk;t ar~a (square feet) -----r-
,.... -~.
,Maximum number of dwelling units per gross acre
[LOT DIMENSIONS
jMkri;;';;;;-~verage width
IMinimum lot depth
IBUILDING SETBACKS
!Minimum front yard'
'Minimum comer side yard'
IMinimum interior side yard
-IMinimum rear yard'---------
r,----------.--.----
,Minimum building separation
IOTHER REQUIREMENTS
1~;;:;;;;;:;J;cight
IOpen space required
IPrivate open space/per unit
INotes:
11. Measured from back of curb.
,
12. Measured from rear of building to rear of private open space easement.
2,400 sq.ft.
10
I
,
I
i
,
i
[
I
I
Table 17.22.228.A
Residential Development Standards
40 ft.
60ft.
5 ft.
10ft.
5 ft.
10ft.
10 ft.
L
I
I
25 ft.
20 %
200 sq. ft.
Page 2 of5
B. Architecture
The architecture for the project site shall comply with the requirements
contained in Section 17.06.070.C of the City's Municipal Code. The
architectural styles for the project shall be an eclectic mix of Monterey,
Craftsman and Spanish Colonial.
The Monterey style is a revival of the Anglo-influenced Spanish Colonial
houses of northern California. It is a fusion of Spanish Eclectic and
Colonial Revival details. Some identifying features are low pitched roofs
with second story balconies that are usuiuly cantilevered and covered by a
principle roof.
The Spanish Colonial revival style is a collection of Spanish-influenced
sub-styles. Designers were inspired by a number of sources such as the
adobe and colonial buildings of early California and even Moorish,
medieval Spanish and Italian architecture. Some identifying features are
the use of arches, courtyards and large, distinctive, sometimes arched
feature windows on the front fa<;:ade.
The Craftsman style began in the early 1900's in response to the Prairie
style being developed in the Midwest coast. Sometimes referred to as
California Bungalow, Greene and Greene popularized the approach by
introducing elements such as predominantly gable roofs, timber detailing,
increased roof overhangs, and porches (where possible). Materials such as
stone, siding and stucco are used to create an eclectic appearance.
The design of the structures shall include provisions to comply with the
following:
1. Streetscape:
The residential streetscape shall be designed in a manner so to create a
visually interesting street frontage. A variety of building designs and
model types shall be used to avoid a monotonous appearance along the
streetscape. Placement of the different models should be varied from
contiguous lots and lots directly across from each other. Following are
policies to help achieve an attractive and interesting streetscape:
a. Minimize the extent to which a garage protrudes from other
portions of the house by placing a second story over the garage.
b. Vary garage door treatments with different design details or by
using a combination of single- and twocdoor garages.
c. Use substantially different fa<;:ade designs throughout the
development which will include a variety of complementary but
Page 3 of5
contrasting colors, varied entry treatments, varie<;l building heights,
and variety of design details and building forms.
2. Visual Appearance:
Houses shall be designed with relief in building facades. Extensive flat
and unbroken wall planes shall be avoided. Following are policies to help
achieve variations in wall planes and to provide an attractive elevation:
a. A variety of building colors and materials shall be provided to
provide contrast.
b. The use of materials that have a texture or depth.
c. Windows and door opening shall be provided in the appropriate
areas to divide facades into separate visual elements.
d. The use of architectural features such as porches, sloping portions
of the roof, and stepping back the upper levels shall be used to
provide offsets of the building planes.
3. Mass and Scale:
Box like design shall be avoided by using variations in the building
footprint. The use of a variety of shapes and forms including architectural
projections, such as roof overhangs or stepped facades which provide
contrast with vertical walls, and chimneys shall be used were feasible to
avoid box~like design. Excessive mass and bulk of the roof area shall be
broken up into smaller areas that reduce the apparent scale of the house
and provide visual interest. This shall be accomplished by varying the
height portions of the roof, varying the orientation of the roof, and by
using gables, or hip roofs.
C. Landscaping
Landscaping of the project shall conform with the Section 17.06.060 of the City's
Municipal Code. Landscape plans shall be required as part of the Development Plan
for the project and shall include the following:
I. The landscape design of the project consists of combination of ornamental
plant materials and use of drought-tolerant plant materials whenever possible.
2. Streetscape landscape for the major streets, Mira Lorna Drive and Rancho
Vista Road shall be planted with minimum 24"box specimen size street trees
spaced at 20'-0" o.c. spacing (maximum) with combination of IS gallon,S
gallon and I gallon shrubs and ground cover. Introduction of IS gallon hedge
shrubs spaced to adequately provide fence type screening along the public
right-of-way line. Flowering ground cover to be provided to fill any voids in
the streetscape landscape.
Page 4 of5
3. Project entry at "D" Street shall include project entry wall to match
architectural style of the project as well as 48" box specimen trees, minimum
size evergreen flowering variety and combination of 15 gallon,S gallon, and I
gallon shrubs in a interesting design pattern to provide visual interest at the
entry.
4. Common Area slope shall be provided with landscape with an appropriate
trees, shrubs, and ground cover to provide erosion control purpose to meet the
requirements of City's Municipal Code. ,All slope banks greater than or equal
to 3: I shall, at a minimum, be irrigated and landscaped with appropriate plant
materials for erosion control and to soften their appearance' as follows:
I. One fifteen gallon or larger tree per each six hundred square feet of slope
area;
2. One gallon or larger shrub for each one hundred square feet of slope area;
3. Appropriate ground cover, minimum spacing of 12" on center from flat
size container.
4. Slope banks in excess of eight feet in vertical height with slopes greater or
equal to 2: I shall also prove one five-gallon or larger tree per each one
thousand square feet of slope area in addition to the requirements of
subsection of this section.
5. Common front yard landscape shall be developed to provide community
landscape theme and landscape character for the project. All common front
yards will have automatic irrigation system maintained by the Homeowners
Association. Appropriate ornamental and drought tolerant plant materials
shall be used as follows:
a) One - 24''box specimen street tree per unit and additional two trees at
street comers.
b) Two -' fifteen gallon background trees unit and additional two trees at
street comers.
c) Five gallon shrubs for building foundation planting and along the fence
Line.
d) One gallon shrubs as needed for accent color and mass planting.
e) Sodded turf and ground covers as needed.
6. Recreational Center shall be active use facility to provide family oriented
center including the development of children tot lot with special play
equipment structure. Recreational pool with generous pool activity areas for
social functions. Lush landscape for this facility. will have ample specimen
size trees and shrubs for summer shading and visual interest.
All Common Landscape areas shall be landscaped per the above standards and
Maintained by the Homeowners Association for the proposed project.
Page 5 of5
ATTACHMENT NO.5
INITIAL STUDY
G:\Planni.ng\2005\PA05-0234 Mira Lorna PDO - Planned Dev Overlay\Planning\PC-STAFF REPORT-doc
12
City of Ternecula
P.O. Box 9033, Temecula, CA 92589-9033
Environmental Checklist
Lead Agency Name and Address
Mira Loma POO - PA05-01 09 (!Tentative Tract Map) and PA05-0234
Planned Oevelo ment Overla i
City of Temecula
P.O. Box 9033, Temecula, CA i92589-9033
Stuart Fisk, Senior Planner
951 694-6400
Northeast cornerof Rancho Vista Road and Mira Loma Drive
Reza Shera
Pacific Group
P.O. B9X 9890
RanCho Santa Fe, CA 92067
Medium Densit Residential M)
Medium Densi Residential ;
A Tentative Tract Map for conl:fominium purposes to subdivide 7.2.4
acres into three lots (one residential condominium lot for 62
residential units, one recreatiol1 lot, and one open space lot), and a
Planned Development OverlaYito change the zoning of the site from
medium density residential to WDO-11 to allow for new development
standards for the site that will be specific to single family homes on
. condominium lots.
North: Multi-Family ResidentialJEdison Sub-Station
East: Single-Family ResidentlalNail Elementary School
South: Single-Family Residential
West: Multi-Famil Residential
None
Project Title
Contact Person and Phone Number
Pro'ect Location
Project Sponsor's Name and Address
General Plan Desi nation
Zonin
Description of Project
Surrounding Land Uses and Setting
Other public agencies whose approval
is reo uired
G:IPlannlng\2005IPA05-0234 Mira Loma PDO. Planned Dev OverlaylPlanningllNITIAL STUDY.doc
1
Environmental Factors Potentially Affected
.
The environmental factors checked below would be potentially affected !by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics . Mineral Rejsources
Aariculture Resources . Noise
X Air Quality Populationiand Housing
BiolOOical Resources Public SerVices
Cultural Resources Recreation;
X Geology and Soils Transporta~ionfTraffic
Hazards and Hazardous Materials Utilities an~ Service SVStems .
HVctroloav and Water Qualitv . MandatorviFindinas of Sianificance .
Land Use and Plannina None
Determination
(To be completed by the lead agenc~)
.
On the basis of this initial evaluation:
.
I find that the proposed project COULD NOT' have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not
X be a significant effect in this case because revisions in the project have been made by or agreed to by
the proiect proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. .
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is reauired.
I find that the proposed project MAY have a "potentially signific,ant impact" or "potentially significant
unless mitigated" impact on the environment, but at least one effeot 1) has been adequately analyzed in
an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL
IMPACT REPORT is reauired, but it must analvze on Iv the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed proiect, nothinafurther is required.
. I~
~ 8~
. '/P1/( .
Ignature . ..
~h(,00
Date
Stuart Fisk. Senior Planner
Printed Name
City of TemeQula
For
G:\Planning\2005\PA05-0234 Mira Lama PDO . Planned Dev Overlay\PlanningllNITIAL STUDY.doc
2
1. AESTHETICS. Would the project:
a.
b.
Have a substantial adverse effect.on a scenic vista?
Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic hi hwa ?
. Substantially degrade the existing visual character or
uali of the site and its surroundin s?
Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the
area?
No
Im.:~.cl
X
X
c.
X
d.
X
Comments:
1. a.-c: No Impact: The proposed project is not located on or near a s~enic vista; therefore, there will not be
an adverse impact on a scenic vista. The project site is not located on a scenic highway. The project site
consists of undeveloped land covered with vegetation in the south and a. small school (The Carden Academy)
. in the north. Existing vegetation includes wild grass, mature trees, ~nd shrubbery. Topographically, the
prop.erty is sloped downward to the northeast with steep banks along the southern and western boundaries.
The elevation of the property is generally lower than surrounding Rancho Vista Road and Mira Loma Drive.
Therefore, the proposed project would not substantially damage scenic resources, including trees, rock
outcroppings or historic buildings. Due to the fact that the project site contains no scenic vistas or resources,
the project would not substantially degrade the existing visual charracter or quality of the site and its
surroundings. No impact is anticipated as a result of the proposed projedt.
1. d.: Less than Significant Impact: The majority of the proposed project site is currently vacant with no
sources of light or glare. The proposed project will introduce new generators of light and glare typically
associated with residential development. The City of Temecula requires all new development to comply with
the Mount Palomar Lighting Ordinance (Ordinance 655). Ordinance 655 requires lighting to be shielded,
directed down to avoid glare onto adjacent properties, and emit low levels of glare into the sky. Lighting issues
are addressed during the City's plan review and inspection process, and impacts resulting from the project are
anti,cipated to be less than significant.
G:\PlanningI2005\PA05-0234 Mira Loma PDO - Planned Dev Overlay\Planning\INITIAL STUDY.doc
3
2. AGRICULTURE RESOURCES. . In determining whether impaots to agricultural resources are
significant enlfii'C:mmental effects, lead agencies may refer tOI the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the qalifornia Dept. of Conservation as
an optional model to use in assessing impacts on agriculture and farmland. Would the project:
a.
b.
Convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency,
to non-a ricultural use?
Conflict with existing zoning for agricultural use, ora
Williamson Act contract?
Involve other changes in the existing environment which,
due to their location or nature, could result in conversion
of Farmland, to non-a ricultural use?
x
x
c. .
x
Comments:
2. a.-c.: No Impact: The project site is not currently in agricultural proj:luction and in the recent and historic
past the site has not been used for agricultural purposes. The site is not under a Williamson Act contract nor is
it zoned for agricultural uses. This property is not considered prime or unique farmland of statewide or local
irnportance as identified by the State Department of Conservation and tllie City of Temecula General Plan. In
addition, the project will not involve changes in the existing environmentithat would result in the conversion of
farmland to non-agricultural uses. No impacts are anticipated as a resultof the proposed project. .
G:IPlanning1200SIPAOS-0234 Mira Lorna PDO - Planned Dev OverlaylPlanningllNITIAL STUDY.doc
4
3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following
determinations. Would the project:
a.
b.
c.
d.
e.
Issues and Su ortin. .-lnformation_Sources
Conflict with or obstruct implementation of the applicable
air ualit Ian?
Violate any aIr quality standard or contribute substantially
to an existin or ro'ected air ualit violation?
Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions which
exceed uantitative thresholds for ozone recursors?
Expose sensitive receptors ,to substantial pollutant
concentrations?
Create objectionable odors affecting a substantial number
of eo Ie?
Potent(~:my;
S.lg_~JtiqMt:~flless
- -~ltlgatign -
1nco -:orated
Less'Than
Effgcimc~ril
lin -act
x
X
X
X
X
Comments:
3. a. and b.: No Impact: The project will not conflict with applicable air quality plans nor violate air quality or
pollution standards. The project proposes to subdivide 7.24 acres into three lots (one residential
condominium lot, one recreation lot, and one open space lot), and proposes a Planned Development
Overlay to change the zoning of the sitll from medium density residential to PDO-11 to allow for new
development standards for the site that will be specific to single family homes on condominium lots. .
The project is anticipated to be within the threshold for potentially significant air quality impacts
established by the South Coast Air Quality Management District as depicted in SCAQMD's CEQA Air
Quality Handbook. No significant impacts are anticipated as a result of this project.
3. c. Less Than Significant Impact: The proposed project will not result in a cumulatively considerable net
increase of any criteria pollutant for which the project region is non-attainment under an applicable
federal or state ambient air quality standard. An URBEMIS emissions modeling report was completed
for this project, which indicates that emissions are within their requisite threshold values a.nd long term
emissions are less than significant. However, the proposed project will emit typical emissions and dust
associated with residential construction. The applicant is required to comply with the mitigation
measures outlined above. No significant impact is anticipated as a result of the proposed project.
3. d. and e.: Potentially Significant Unless Mitigation Incorporated: An URBEMIS emissions modeling
report was completed for the project, which identified that construction activities would result in the
generation of air pollutants. Emissions would primarily be exhaust emissions from powered
construction equipment and dust generated from earthmoving, excavation, and other construction
activities. Sensitive receptors that could be exposed to substantial pollutant concentrations are located
in the vicinity of the project site. However, mitigation measures to reduce diesel exhaust and dust can
be incorporated to mitigate this potential exposure. With mitigation, impacts are anticipated to less than
significant. The following mitigation measures are required to reduce emissions:
a. Use cooled exhaust gas recirculation for diesel powered trucks and equipment using either on-
road or off -road diesel fuel.
b. Water exposed surfaces three times daily during grading/soil disturbance operations.
G:\Planning\2005\PA05-0234 Mira Loma PDO - Planned Dev Overlay\Planning\INITIAL STUDY.doc
5
4. BIOLOGICAL RESOURCES. Would the project?
a.
b.
c.
d.
e.
f.
Comments:
No
Jrh-,act
Have a substantia:l adverse effect, either directly or
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in .
local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fishand
Wildlife Service?
Have a sUbstantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
Have a substantial adverse effect of federally protected
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological
interru tion, or other means?
Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or im ede the use of native wildlife nurse sites?
Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
. ordinance?
Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation Ian?
x
x
x
x
x
x
4. a.-f.: No Impact: The project site does not contain any wetlands, riparian forests, vernal pools, or wildlife
nursery sites. There are some grasses and trees on the project site, however, they are not considered
sensitive habitat, nor is the site a part of a wildlife corridor. The site is located within the Stephen's Kangaroo
Rat Habitat Fee Area. Habitat Conservation fees will be required as a condition of approval to offset the effect
of cumulative impacts to the species from urbanization occurring throughout western Riverside County.
The project is not within a criteria cell of the Multi-Species Habitat Cons.ervation Plan (MSHCP). However, the
MSHCP did require the preparation of a Burrowing Owl study for the project site. Dudek and Associates, Inc.,
conducted a habitat assessment for Burrowing Owls and determined that burrowing owls were" absent from the
study area. The applicant will be required to pay MSHCP mitigation fees. No impacts are anticipated as a
result of the proposed project.
G:IPlanning1200SIPAOS.0234 Mira Loma PDO. Planned Dev OverlaylPlanningllNITIAL STUDY.doc
, 6'
5. CULTURAL RESOURCES. Would the project:
a.
Cause a substantial adverse change in the significance of
a historical resource as gefined in Section 15064.5?
Cause a substantial adverse change in the significance of
an archaeolo ical resource ursuant to Section 15064.5?
Directly or indirectly destroy a unique paleontological
resource or site or uni ue eolo ic feature?
Disturb any human remains; including those interred
outside of formal cemeteries?
b.
c.
d.
Comments:
No_
'.abt
x
x
X
X
5. a.-d.: No Impact: At the recommendation of the Eastern Information :Center at the University of California,
Riverside, a Cultural Resource Survey Report was prepared for the project site by Eilar Associates. This
report indicates that their investigation revealed no prehistoric or historic' resources of any kind, and a records
search failed to indicate the presence of any recorded prehistoric or histqric resources within the boundaries of
the study area. Therefore, the report did not find that additional work ih conjunction with cultural resources,
including monitoring of any future grading activities, was warranted or redommended.
.
G:IPlanning\200SIPAOS-0234 Mira Loma PDO - Planned Dev OverlaylPlanningllNITIAL STUDY.doc
7
6. GEOLOGY AND SOILS. Would the project:
: :',~:;,;~q1~mj~l!{'
,$,lgj1jflqf:l:iJt!i!~lM,s
. :MQIga\i6n.
:Jhc!t,' .'ot.ale.d<
':h~~~J:~aQ
',' 'sJMiflPant
';jHr'~QI'
No
1m 'act
a. Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involvin :
i. The rupture o.f a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake. Fault
Zoning Map issued by the State Geologist for the area or
based on other substantial evidence of a known fault?
(Refer to Division of Mines and Geology Special
Publication 42.
Ii. Strong seismic ground shaking?
iii. Seismip-related ground failure, including liquefaction?
iv. Landslides?
b. Result in substantial soil erosion or the loss of topsoil?
c. Be loca.ted on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral
s readin ,subsidence, Ii uefactio.n or colla se?
d. Be located on expansive soil, as defined in Table 18-1-B
of the Uniform Building Code (1994), creating substantial
risks to life or ro ert ?
e. Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of
wastewater?
x
x
'X
X
X
X
x
x
Comments:
6: a.i. No Impact: The City of Temecula General Plan and Final Environmental Impact Report did not identify
any faults through the project site. Therefore, no impacts are anticipated as a result of this project.
6. a.ii Potentially Significant Impact Unless Mitigation incorporated: There may be a potentially
significant impact from seismic ground shaking, ground failure, soil erosion or expansive soils. Although, there
are no known fault hazard zones on the property, the project is located in Southern California, an area that is
seismically active.. Any potential significant impacts will be mitigated through building construction, which will
be consistent with the Uniform Building Code sta.ndards. Further, the project will be conditioned to provide soil
reports prior to grading and if conditions warrant mitigation, recommendations contained in this report will be
followed during construction. The soil reports will also. contain recommendations for the compaction of the soil,
which will serve to mitigate any potentially significant impacts from seismic ground shaking, seismic ground
failure, liquefaction, subsidence and expansive soils. After mitigation measures a.re performed, less than
significant impacts are anticipated as a result of this project.
6.a.ili. Less than Significant Impact: A Preliminary Geotechnical Investigation prepared for the site by
Inland Foundation Engineering, Inc., concludes that the site does no.t appear to be subject to a significant
liquefaction hazard.
G:IPlanning\2005IPA05-0234 Mira Lorna PDO - Planned Dev OverlaylPlanningllNITIAL STUDY.doc
8
6. a.iv. Less than Significant Impact: A Preliminary Geotechnical Investigation prepared for the site by
Inland Foundation Engineering, Inc., analyzed slope stability based on Safety Factor ratings and the analysis
indicates satisfactory Factors of Safety for gross static stability and concludes that the Factor of Safety from
the analysis of the project sit "should be suitable". Therefore, less than significant impacts are anticipated as a
result of the project.
6. b.: Less than Significant Impact: The project will not result in substantial soil erosion or the loss of
topsoil. The project site will be developed in accordance with City standards, including National Pollution
Discharge Elimination System (NPDES) standards, which require the implementation of erosion control and
best management practices (BMP's). The Final Environmental Impact Report for the City of Temecula General
Plan has not identified any known landslides or mudslides located on the site or proximate to the site.
Therefore, no significant impacts are anticipated as a result of this project.
6. c. No Impact: The project is not located on a geologic unit or soil that is unstable, or that would become
unstable as a result of the project, and potentially result in on- or oft-site landslide, lateral spreading,
subsidence, liquefaction or collapse. A geotechnical report has been prepared for the proposed project and
has not identified any, geologic unit or unstable soils that would become unstable. The project is required to
comply with the recommendations in the report. No impacts are anticipated as a result of this project.
6. d. Less than Significant Impact: The project is not located on expansive soil, as defined in Table 18-1-
B of the Uniform Building Code (1994), creating substantial risks to life or property. According to the
Geotechnical Report completed by Inland Foundation Engineering, Inc., soils are typically in a medium dense
to dense condition and should be suitable for providing foundation support with minor recompaction. The
project is also required to comply with the Geotechnical Report prepared for the project. Less than significant
impacts are anticipated as a result of this project.
6. e. No Impact: The project will not utilize septic tanks, but will instead be connected to the public sewer
system. Therefore, no irnpacts are anticipated as a result of this project.
G:\Planning\2005\PA05-0234 Mira Lorna PDO - Planned Dev Overlay\Planning\INiTIAL STUDY.doc
9
7. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a.
b.
c.
d.
e.
f.
g.
h.
Create a significant hazard to the public or the
environment through the routine transportation, use, or
dis osal of hazardous rnaterials?
Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
Ernit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or acutely
hazardous materials, substances, or waste within one-
uarter mile of an existin or ro osed school?
Be located on a site which is included on a list of
hazardous materials sitl:ls compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project result in a safety hazard for people residing or
workin in the ro'ect area?
For a project within the vicinity of a private airstrip, would
the project result in a safety hazard for people residing or
workin in the ro'ect area?
Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation Ian?
Expose people or structures to a significant risk or loss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
. residences are intermixed with wildlands?
x
x
x
x
x
x
x
x
Comments:
7. a. Less Than Significant Impact The proposed project will not involve the routine transportation, use, or
disposal of hazardous materials. Thl:lrefore, no significant impacts are anticipated as a result of this project.
7. b. Less Than Significant Impact: The project proposes to subdivide the property and to construct single-
family homes. It is not anticipated that this project would create a significant hazard to the public or the
environment through reasonably foreseeable upset and accident conditions involving the release of hazardous
materials into the environment. Therefore, less than significant impacts are anticipated as a result of this
project.
7. c. Less Than Significant Impact: A school is located near the southeast corner of the project site. The
proposed map and single-family homes do not include any activities or uses that would pose a potential health
hazard to the local population or the nearby school. No significant impacts are anticipated as a result of the
project.
G:IPlanning\2005IPA05-0234 Mira Lorna PDO - Planned Dev OverlaylPlanningllNITIAL STUDY.doc
10
7. d. No Impact: Based upon the available data and the historical land use, there is no evidence to support
that hazardous wastes would be present on the site. No impacts are antiCipated.
7. e-!. No Impact: The project site is not located within an airport land use plan or within two miles of a public
or private airstrip according to Figure LU-2 in the Land Use Element of th~ General Plan. Therefore, no impact
upon airport uses will result from this proposal.
7. g. No Impact: The project will take access from maintained public streets and will not impede emergency
response or evacuation plans. Furthermore, the proposed project is not located in or a portion of an
emergency response or evacuation plan. Therefore, the project would not impair the implementation of or
physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact is
anticipated as a result of the proposed project.
7. h. No Impact: The proposed project is not located in or near a wildlahd area that would be subject to fire
hazards. The location of the proposed project would not expose people or structures to a significant risk or
loss, injury or death involving wildland fires. No impact is anticipated as a result of this project.
G:IPlanning1200SIPAOS-0234 Mira Lorna PDO - Planned Dev OverlaylPlanningllNITIAL STUDY.doc
11
8. HYDROLOGY AND WATER QUALITY. Would the project:
a. Violate any water quality standards or waste discharge
requirements or otherwise substantially degrade water
ualit ?
b. Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
. would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate of
pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for
which ermits have been ranted?
c. Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on. or off.site?
d. Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or
amount of surface runoff in a manner which would result in
floodinon- or off.site?
e. Create or contribute runoff water which would exceed the
capacity of existing or planned storm water drainage
systems or provide substantial additional sources of
olluted runoff?
f. Require the preparation of a Water Quality Management
Plan?
g. Place housing within a 1 OO-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
ma?
h. Place within a 1 OO-year flood hazard area structures which
would im ede or redirect flood flows?
i. Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
j. Inundation by seiche, tsunami, or mudflow?
x
x
x
x
x
x
x
x
x
x
Comments:
8. a.: No Impact: The project will not violate any water quality standards or waste discharge requirements.
Development will be required to comply with the requirements of the National Pollutant Discharge Elimination
System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until
an NPDES Notice of Intent has been filed or the project is shown to be exempt. By complying with the NPDES
requirements, any potential impacts can be mitigated to a level less than significant. No impacts are
anticipated as a result of this project.
8. b.: Less than Significant Impact: The proposed project would not substantially deplete groundwater
supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table level. The project is not anticipated to have a significant
G:IPlanning\200SIPAOS-0234 Mira Lorna PDO - Planned Dev OverlaylPlannlngllNITIAL STUDY.doc
12
affect on the quantity and quality of ground waters, either through direct additions or withdrawals. The
proposed project is required to comply with local development standards, including lot coverage and
landscaping requirements, which will allow percolation and ground water recharge. Less than significant
impacts are anticipated as a result of the proposed project.
8. c.: Less than Significant Impact: The proposed project would not substantially alter the existing drainage
pattern of the site or area, including the alteration of the course of a stream or river, in a manner which would
result in substantial erosion or siltation on- or off-site. The proposed project will include an on-site drainage
plan; however it will not alter off-site drainage patterns or alter the course of a stream or river, and will not
result in substantial erosion or siltation on-or off-site. The project is also required to comply with Best
Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well .as
National Pollution Elimination Discharge System (NPEDS) standards, which addresses drainage, siltation and
erosion. A less th"ln significant impact is anticipated as a result of the proposed project.
8. d.: Less than Significant Impact: The proposed project would not substantially alter the existing drainage
pattern of the site or area, including through the alteration of the course of a stream or river, or substantially
increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site because
the project will not alter the course of a stream or river. The City of Temecula Public Works Department
reviews all drainage plans and determines adequate drainage facilities are in place capable of on-site drainage
and that off-site drainage facilities can accommodate additional flow. A less than significant impact is
anticipated as a result of the proposed project
8. e.: Less than Significant Impact: The proposed project would not create or contribute runoff water which
would exceed the capacity of existing or planned storm water drainage systems or provide substantial
additional sources of polluted runoff. The project is required to comply with Best Management Practices
(BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination
Discharge Elimination System standards, which address drainage and polluted runoff. A less than significant
impact is anticipated as a result of the proposed project.
8. f.: No Impact: The project will not violate any water quality standards or waste discharge requirements
established by the State of California. However, the project is required to prepare a Water Quality
Management Plan (WQMP) pursuant to the Municipal Separate Storm-Sewer permit (MS4 permit) issued by
the San Diego Regional Water Quality Control Board. The WQMP must be accepted prior to issuance of a
grading permit for the project site. The water quality control measures to be identified in the WQMP will either
be incorporated into the design of the project or be added to the project with specific conditions of approval and
will be expected to eliminate potential adverse impacts to receiving waters.
8. g.: No Impact: The proposed project is not located within a 100-year flood hazard area as mapped on a
federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. No
impact is anticipated as a result of the proposed project
8. h.: No Impact: The proposed project is not located within a 100-year flood hazard area and therefore will
not place improvements that could impede or redirect flood flows within a 100-year flood hazard area. No
impacts are anticipated as a result of the proposed project.
8. i.: No Impact: The proposed project is not located in a dam inundation area or a 100-year floodplain.
Therefore, no impact is anticipated as a result of the proposed project.
8. j.: No Impact: The proposed project is not located near a coast line which would be subject to inundation by
seiche, tsunami, or mudflow. No impact is anticipated as a result of the proposed project.
. G:IPlanning\2005IPA05-0234 Mira Lorna PD~ - Planned Dev OverlaylPlanningllNITIAL STUDY.doc
13
9. LAND USE AND PLANNING. Would the project:
Physically divide an established community?
Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an environmental
effect?
Conflict with any applicable habitat conservation plan or
natural community conservation plan?
x
a.
b.
c.
x
Comments:
9. .a. and c.: No Impact: The proposed project would not divide an established community or conflict with the
applicable land use plan. The project would contribute to providing the City with diverse residential ownership
opportunities. The project is consistent with the applicable Multi Species Habitat Conservation Plan.
9. b.: Less than Significant Impact: The project is consistent with the Gener<ll Plan and proposes to rezone
the property to Planned Development Overlay 11 (PDO-11) to allow for n~w development standards for the site
that will be specific to single family homes on condominium lots. Impacts from the project and proposed
rezone are anticipated to be less than significant. .
G:\Planning\2005\PA05-0234 Mira Lorna ~DO - Plann~d D~v Overlay\Plannlng\INITIAL STUDY.doc
14
10. MINERAL RESOURCES. WOuld the project:
a.
Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local
eneral Ian, s ecific Ian or other land use Ian?
b.
Comments:
;fi6
1m-act
x
x
10. a.-b.: No Impact: The project will not result in the loss of availability of a known mineral resource nor in the
loss of an available, locally important mineral resource recovery site. The State Geologist has classified the
City of Temecula a classification .of MRZ-3a, containing areas of sei:limentary deposits, which have the
potential for supplying sand and gravel for concrete and crushed stone lor aggregate. However, these areas
are determined as not containing deposits of significant economic valuelbased upon available data in reports
prepared in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975. Furthermore, the
project site is not identified as an important site known to maintain such: resources as shown in the Final EIR
for the City of Temecula General Plan. Therefore, no impacts are anticipated as a result of this project.
G:\Planning\2005\PA05-0234 Mira Loma PDO - Plaflned Dev Overlay\Planning\INITIAL STUDY.doc
15
11. NOISE. Would the project result in:
a.
Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan
or noise ordinance, or applicable standards of other
a encies?
Exposure of persons to or generation of excessive
roundborne vibration or roundborne noise levels?
A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
ro'ect?
A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the ro'ect?
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
For a project within the vicinity of a private airstrip, would
the project expose people residing or working in the
ro'ect area to excessive noise levels?
b.
c.
d.
e.
f.
Comments:
x
x
x
x
x
x
11. a.-d.: Less than Significant Impact: Development of the land will result in increases to noise levels
during construction phases as well as increases to noise in the area over the long-term. No activities are
anticipated within the proposed project that would expose persons to or generatiOn of excessive groundborne
vibration or groundborne noise levels. The project will create some noise levels over that currently emanating
frorn the project site. However, those noises are not anticipated to create a substantial permanent increase in.
ambient noise levels in the project vicinity above levels existing without the project. The project may result in
temporary or periodic increases in ambient noise levels during construction. Construction machinery is
capable of producing noise intherange of 100+ DBA aL100 feet, which is considered annoying. However,
noise from construction of the project will comply with City ordinances regulating the hours of activity to
Monday through Friday from 6:30 a.m. to 6:30 p.m. and Saturday from 7:00 a.m. to 6:30 p.m. No significant
impacts are anticipated. '
11. e.-f.: No Impact: This project is not within two miles of a public airport or private airstrip. Therefore, the
project will not expose people to excessive noise levels generated by an airport and no impacts will result from
this project.
G:IPlanning\200SIPAOS.0234 Mira Lorna PD~ - Pianned Dev OverlaylPianningllNITIAL STUDY. doc
16
12. POPULATION AND HOUSING. Would the project:
. a.
b.
c.
Comments:
Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension
of roads or other infrastructure?
Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
Displace substantial numbers of people, necessitating the
coristruction of re lacement housin elsewhere?
x
x
x
12. a.-c.: No Impact: The project will not induce substantial growth in the area either directly or indirectly. The
. project site is a single-family residential project. The project site consists of undeveloped land covered with
vegetation in the south and a small school (The Carden Academy) in th~ north. Therefore, the project will not
displace substantial numbers of people or existing housing. The proj$ct will neither displace housing nor
people, necessitating the construction of replacement housing. No imp~cts are anticipated as a result of this
project. '
G:IPlanning\2005IPA05-0234 Mira Lorna PDO - Planned Dev OverlaylPlanningllNITIAL STUDY.doc
17
13. PUBLIC SERVICES. Would the project result in substantial ad'1erse physical impacts associated
with the provi$ion of new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could' cause significant environmental
impacts, in order to maintain acceptable service ratios, respoi1lse times or other performance
objectives for anyofthe public $ervice$: .
a.
b.
c.
d.
e.
. Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
cft,QJ~nft~n9-:_' ,_: ;i
.:-$!M\flg~tWW_ille.s,s
. 'Mltig~II"'t,
IrlqO( ,Qhi.te-~
No
Im',:aCt
x
X
X
X
X
Comments:
13. a.-e.: Less Than Significant Impact: The project will have a less th!:ln significant impact upon, or result in
a need for new or altered fire, police, recreation or other public facilities. The project will incrementally
increase the need for some public services. However, the project is co~sistent with the General Plan and the
increase is expected to be a very small increment that can be address$d through the City's budget process.
As a result, the project will have a less than significant impact upon the n'eed for new or altered public facilities.
The Rancho California Water District has been made aware of this project. Sewer and water is currently
provided for the surrounding residential development, so extending service to this site is possible, which would
result in less than significant impacts as a result of the project. No si@nificant impacts are anticipated as a
result of this project
G:\Planning1200S\PAOS-0234 Mira Lorna PDO. Planned Dev Overiay\Planning\INITIAL STUDY.doc
18
14. RECREATION. Wbuld the project:
, . '.'~,R,Qt,e~-1!.$l!Y' " .
$,igi1JfrC&n~JJrJJl:I'sS ',:
_:iA~gt.~!-~~W~'- - ',::
No
-;jm act
a.
Increase the use of existing neighborhood and regional
parks or other recreatiohal facilities such that substantial
physical deterioration of the facility would occur or be
accelerated?
Include recreational facilities or require the construction
or expansion of recreational facilities which might have an
1:ldverse h sical effect on the environment?
x
b.
x
Comments:
14. a.: Less than Significant Impact: The project proposes single-family hornes on residentially zoned
. property. The project will not displace recreationally zoned lands or reimove vacant lands that are used for
recreational purposes. The project will include open space and recreatio(lal facilities for its residents and is not
anticipated to significantly increase the use of neighborhood or regional parks or other recreational facilities to
a point that would cause significant physical deterioration of these faciliti.es. Less than significant impacts are
anticipated as a result of this project. . .
14. b.: Less than Significant Impact: The proposed project does include an open space and recreational
facilities for its residents and is not anticipated to. require constructi<i>n or expansion of additional public
recreational facilities. Less than significant impacts are anticipated as a result of the proposed project.
G:IPlanningI200SIPAOS-Q234 Mira LomaPDO - Planned Dev OverlaylPlanningllNITIAL STUDY.doc
. 19
15. TRANSPORTATION/TRAFFIC. Would the project:
a.
b.
c.
d.
e.
f.
g.
Comments:
Cause an increase in traffic which is substantial in
relatidn to the existing traffic load and capacity of the
street system (Le., result in a substantial increase in
either the number of vehicle trips, the volume to capacity
ration on roads,or con estion at intersections?
Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
manaement a enc for desi nated roads or hi hwa s?
Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that
results in substantial safet risks?
Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incom atible uses e. ., farm e ui ment?
Result in inadequate emergency access?
Result in inadequate parking capacity?
Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts,
bic cle racks?
x
x
x
x
x
X
x
15. a.-b: Less than Significant Impact: The proposed project is located at the northeast corner of Rancho
Vista Road and Mira Loma Drive. There will be an increase in vehicle trips on adjacent streets once the
proposed project is developed. The City's Traffic Engineer has indicated that the project would have a less
than significant impact to the existing road system because the existing roadways have been developed
consistent with the City's General Plan in anticipation of the area's proposed residential development. Due to
the project's consistency with the General Plan, no further traffic studies were required for this project. Less
than significant impacts are anticipated as a result of. this project.
15. c.: No Impact: The proposed project will not have an impact on the air traffic patterns and will not result in
a substantial safety risk. This site is not within the French Valley Airport influence area. No impacts are
anticipated as a result of the proposed project.
15. d-f.: No Impact: The proposed project will not result in hazards to safety from design features. The project
is designed to current City standards and does not propose any hazards. The proposed project provides for
adequate ingress and egress from the site. The Fire and Police Departments have reviewed the proposed
project and have determined that adequate emergency access has been provided. In addition, on-site
circulation has been reviewed using the emergency vehicle turning radius templates and it has been
determined that on-site circulation is adequate for emergency vehicles. The proposed project will meet
residential parking requirements per Chapter 17.24 of the Temecula Development Code. No impact is
anticipated as a result of the proposed project.
15. g.: No Impact: The proposed project is consistent with adopted policies, plans, or programs supporting
alternative transportation as identified in the adopted General Plan. Therefore, no impacts will resul! from this
project.
G:IPLanningI200SIPAOS-0234 Mira Lorna PDO - Planned Dev OverlaylPlanningllNITIAL STUDY. doc
20
16. UTILITIES AND SI:RVICE SYSTEMS. Would the project:
wastewater treatment requirements of the
a Iicable He ional Water Qualit Control Board?
Require or result in the construction of new Water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are
new or ex anded entitlements needed?
Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
Be served by a landfill with sufficient permitted capacity to
accommodate the ro'ect's solid waste dis osal needs?
Comply with federal, state, and local statutes and
re ulations related to solid waste?
x
a.
b.
x
c.
x
d.
x
e.
x
f.
g.
x
X
Comments:
16. a.,b, e.: Less than Significant Impact: The project will not exceed wastewater treatment requirements,
require the construction of new treatment facilities, nor affect the capacity of treatment providers. The. project'
will have an incremental effect upon existing systems. Since the project is consistent with the City's General
Plan, less than significant impacts are anticipated as a result of this project.
16. c.: Less than Significant Impact: The project will require or result in the construction of new storm water
drainage facilities on site that will connect to the existing system currently in place along Mira Loma Drive and
to an existing flood control channel located east of and adjacent to the project site. The design of the existing
system is sufficient to handle the runoff from this project and will not require the expansion of existing facilities,
the construction of which could cause significant environmental effects. Less than significant impacts are
anticipated as a result of this project.
16. d.: Less than Significant Impact: The project will not significantly impact existing water supplies nor
require expanded water entitlements. While the project will have an incremental impact upon existing systems,
the Final Environmental Impact Report (FEIR) for the City's General Plan states: "RCWD anticipates supplying
water to 167,640 persons within its service area in 2020 (p. 5.14-3)." The FEIR further states: "EMWD
anticipates supplying water to 756,699 persons within its service area in 2020, (p. 5.14-3)." This anticipated
water supply includes a portion of Temecula. Since the project is consistent with the City's General Plan, less
than significant impacts are anticipated as a result of this project.
16. f. g.: Less than Significant Impact: The project will not result in a need for new landfill capacity. Any
potential impacts from solid waste created by this development can be mitigated through participation in
Source Reduction and Recycling Programs, which are implemented by the City. Less than significant impacts
are anticipated as a result of this project.
G:IPlanning\2005IPA05-0234 Mira Lorna PDO - Planned Dev OverlaylPlanningllNITIAL STUDY.doc
21
17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project:
JJ0
lni"act
b.
Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self"sustaining levels, threaten to eliminate
a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major periods of
California histo' or rehisto ?
Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
ro'ects, and the effects of robable future rO'ects?
Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directl or indirectl ?
x
x
c.
x
Comments:
17. a.: Less than Significant Impact: This site is surro.unded by development and does not contain any viable.
habitat for fish or wildlife species~ This is an in-fill development and it does not have the potential to: degrade
the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or prehistory. Less than significant impacts are anticipated
as a result of this project.
17. b.: Less than Significant Impact: The effects from this project are less than significant with Mitigation
Measures incorporated into the project. All cumulative effects for the subject site, as well as the surrounding
developments, were analyzed in the General Plan Environmental Impact Report. With the mitigation measures
in place, the project will be consistent with the General Plan and Development Code. The cumulative impacts
. related to the future development of this site are anticipated to have a less than significant impact.
17. c.: Less than Significant Impact: The project will not have environmental effects that would cause
substantial adverse effects on human beings, directly or indirectly. The residential project will be designed and
developed consistent with the Development Code and the General Plan. No significant impacts are anticipated
as a result of this project.
G:\Planning1200S\PAOS-0234 Mira Lorna PDO - Planned Dev Overlay\Planning\INITIAL STUDY.doc
22
18. EARLIER ANALYSES. Earlier analyses may be used where, pUr',suant to the tiering program EIR,
or other CEQAprocess, one or more effects have been adequately analyzed in an earlier EIR or
negative declaration. Section 15063(c)(3)(D). In this case a discussi'on should identify the following
on attached sheetS.
a. EarliE;lr anal ses used. Identif earlier anal ses and state where the. are available for review.
b. Impacts adequately addressed. Identify which affects from the aibove checklist were within the scope
of and adequately analyzed in an earlier document pursuant to ~pplicable legal standards, and state
whether sljch effects were addressed b mitiation measures based on the earlier anal sis.
c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,"
describe the mitigation measures which were incorporated or reflned from the earlier document and
the extent to which the address site-s ecific conditions for the roo ect.
18. a. The City's General Plan and final Environment Impact Report were used as a referenced source in
preparing this Initial Study. These documents are available for re\tiew at the City of Temecula Planning
Departmentlocated at 43200 Business Park Drive.
18. b. There were earlier impacts, which affected this project, however:it was difficult to assess whether they
were adequately addressed as mitigation measures.
18. c. The mitigation measures are addressed in the Mitigation Monitoring Program, which IS attached.
SOURCES
1. City of Temecula General Plan.
2. City ofTemecula General Plan Final Environmental Impact Report.
. 3. South Coast Air Quality Management District CEQA Air Quality Handbook.
4. Burrowing Owl Habitat Assessment, Dudek & Associates, Inc., March, 2005
4. Preliminary Geotechnical Report Investigation, Inland Foundation Engineering, Inc., April 2005.
5. URBEMIS Construction and Operational Emission Estimates, Hunsaker & Associates, August 2006.
6. Cultural Resource Survey Report, Eilar Associates, February 2006.
7. Phase I Environmental Site Assessment, Proterra Consulting, Inc., December 2004
G'\Planning12005\PAOS-0234 Mira Lorna POO - Planned Dev Overlay\Planning\INITIAL STUDY.doc
23
ATTACHMENT NO.6
MITIGATION MONITORING PLAN
G:\Planning\2005\PA05-0234 Mira Lorna POD ~ Planned Dev Overlay\Planning\PC-STAFF REPORT.doc
13
Mitigation Monitoring Program
Planning Application Nos. PA05-0109 (Tentative Tliact Map) and PA05-0234
(Planned Development Overlay)
AIR QUALITY
General Impact:
Expose sensitive receptors to substantial pollutant concentrations and
create objectionable odors affecting!a substantial number of people.
Mitigation Measure:
a.
Use cooled exhaust gas recirculation for diesel powered trucks'
and equipment using either d>n-road or off-road diesel fuel.
Water exposed surfaces three times daily during grading/soil
disturbance operations.
b.
Specific Process:
Place the above conditions of ap,proval on this project to reduce
construction equipment emission~ and to reduce fugitive dust
generated by grading/soil disturbanoe operations.
Mitigation Milestone:
Responsible Monitoring Party:
During grading and construction.
Planning Department and Public Works Department
GEOLOGY AND SOILS
General Impact:
Expose people or structures to potential substantial adverse effects,
including the risk of loss, injury, or death involving strong seismic
ground shaking.
Mitigation Measure:
Construction shall be consistent with Uniform Building Code
standards.
Place the above condition of approval on this project to require
consistency with Uniform Building Code standards.
Specific Process:
Mitigation Milestone:
Prior to issuance of a building permit.
Responsible Monitoring Party:
Building and Safety Department
.
G:IPlanning\2005IPA05-0234 Mira Lorna PDO - Planned oev OverlaylPlannlngllNITIAL STUDY.doc
24
ATTACHMENT NO.7
COMMUNITY CORRESPONDENCE
G~\Plallning\2005\PA05-0234 Mira Lorna PDQ - Planned Dev Overlay\Planmng\PC-STAFFREPORT.doc
14
r-.~) f@- ~n w ~ ~I
lrJ SEP 2 2 2006 W
LEE REALCORP.
3700 Wilshire Blvd. Suite#990
Los Angeles, CA 90010
(213) 387-6922 tel (213) 387-9279 fax
BL-
September 19, 2006
Mr. Stuart Fisk
Senior Planner
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, Ca 92589
Re: Mira Lorna PDO-PA 05-0109
APN# 944-060-006
Dear Mr. Fisk:
We'd like to make an appeal to oppose this project for the following reasons:
1. Limiting the accessibilities to the next property, APN# 944-060-007, due to the
existing easements to be abandoned.
2. The responsibility for the maintenance and care of the existing drainage should be
determined prior to the approval of this Mira Lorna Plan.
3. Once fully developed, who is responsible for the clean up of the trashes caused by
the occupants of this new development.
4. The newly planned 4 lots at the entrance of A Street; should be altered so that any
maintenance or repair truck can easily get in and out for the purpose of the
maintenance and trash pick-up from the next property.
5. An easement should be given to the immediately neighboring property owner for an
easy access to hislher property.
Should you have any question, please give us a call tel#213-387-6922.
Thank you.
~::ys:-~
~ee '
President
-
~
\
\
\
COUNCIL BUSINESS
ITEM NO. 22
Approvals
City Attorney
Director of Finance
City Manager
~
1112.
Go..-
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
January 23, 2007
SUBJECT:
Feasibility Study - Santa Margarita Annexation and Sphere of Influence (at the
request of Council member Comerchero)
RECOMMENDATION: That the City Council provide direction to staff regarding a proposal to
initiate a feasibility study for the annexation of approximately 4,600 acres westerly of Interstate 15,
southerly of the Santa Margarita river and northerly of the San Diego County line (see Exhibit A).
ATTACHMENTS:
Exhibit A - Annexation Area Boundary
Santa Margarita
Annexation and Sphere of Influence
Study Area
'm
,~
,~
,~
~
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--_...,---
~1~~=€
'___.J-n..__
DEPARTMENTAL
REPORTS
ITEM NO. 23
Approvals
City Attorney
Director of Finance
City Manager
~
OK
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
January 23, 2007
SUBJECT:
Monthly Report
The following are the recent highlights for the Planning Division of the Community Development
Department for the month of November and December 2006.
CURRENT PLANNING ACTIVITIES
New Cases
The Division received 68 new applications for administrative, other minor cases, and home
occupations including 11 appiications for public hearings during the month of October. The new
public hearing cases are as follows:
DEVELOPMENT PLAN
HOME PRODUCT REVIEW
MINOR CONDITIONAL USE PERMIT
MINOR MODIFICATION
6
1
1
3
Special Proiects & Lon!:! Ran!:!e Plannin!:! Activities
The Division also commits work efforts toward larger scale and longer time frame projects for
both private and pubiic 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:
. General Plan Land Use Map Update - Staff is working with GIS to make revisions to the
Land Use Map caused by overlapping data sets, differences in conceptual plans versus
recorded maps, and changes in the built environment. Some examples of changes include
streets currently shown as residential will have no iand use designation, Specific Plan areas
will be modified to reflect recorded maps, and new park and school sites will be noted as
Open Space and Public Institutional Facilities. Staff anticipates a Planning Commission
hearing in late February and a City Council hearing in March 2007. (PAPP)
. General Plan Housing Element Update - Staff has been attending WRCOG workshops on
theRegional Housing Needs Assessment in preparation for the update of the City's Housing
Element. SCAG will be releasing the Regional Housing Needs Assessment numbers to
cities and agencies in the region in January. It is expected that affordable housing goals and
policies will need to be revised to meet the City's allocation for affordable housing. The
Housing Element Update must be certified by the State Department of Housing and Urban
Development by December 2008. (PAPP)
. Nicolas Valley Rural Preservation Area - Staff is undergoing an opportunities and
constraints analysis of the properties contained within the Nicolas Valley Rural Preservation
Plan area to develop strategies to assist property owners with the construction of needed
infrastructure and services. This area is lacking paved roadways, water transmission iines,
wastewater collection, cable television, etc. Because of the relatively few properties in the
area, assessment districts may be too costly for property owners. Staff has prepared maps
and exhibits of the area and will work with a Council Subcommittee in January to develop
strategies for bringing much needed services into the area. (PAPP)
. Project environmental reviews and permitting:
.:. 1-15/ SR79 South UI.timate Interchange Project - Staff continues to provide comments to
the Public Works Department on the issues that need to be addressed in the
NEPNCEQA document that is to be prepared for this project. (EA 111 - WEST)
. Mixed Use Deveiopment 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)
. Transit Oriented Development Demonstration Project - Staff is involved with the Southern
California Association of Governments and the Western Riverside Council of Governments
to study issues and opportunities associated with implementing transit-supportive
development adjacent to the proposed Temecula Transit Center. (WEST)
. Noise Ordinance - Staff has researched other jurisdictions noise ordinances and is in the
process of developing a noise ordinance that incorporates the goals and objectives
contained in the General Plan. The proposed ordinance is expected to contain provisions
that would clearly define acceptable noise parameters and will permit Code Enforcement
and/or the Temecula Police Department to issue citations for noise violations. Staff will be
meeting with representatives from Riverside County in January for a briefing on the County's
newly adopted Noise Ordinance. A proposed hearing date has not been set at this time but
is expected within the first quarter of 2007. (PAPP)
. Water-Efficient Landscaping Ordinance - The State of California recently adopted a Model
Ordinance entitled California Friendly Landscapes, which identifies requirements for design,
planting and irrigation. Riverside County recently adopted a new ordinance which includes
the California Friendly criteria and expands on the model ordinance. Staff has obtained a
copy of the county ordinance and will review it to determine if the City's existing Water-
Efficient Landscape ordinance should be revised. (PAPP)
. Massage Ordinance - Staff is working with the Temecuia Police Department to develop a
new massage ordinance that is more restrictive than the existing ordinance and will be
implemented and monitored directiy by the Police Department. The proposed ordinance will
require each employee to undergo several hundred hours of training, to wear identification at
all times and includes more severe penalties for violators and business owners. (PAPP)
. 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 iocal
exemptions. This is expected to include significance thresholds and procedures forthe City
to contract for the preparation of environmental impact reports. (PAPP)
. WQMP Development Code Consistency - Staff is reviewing the Development Code to
determine if any WQMP requirements should be added to the development standards.
(WEST)
. Liberty Quarry - The City Council has selected Fehr and Peers to provide transportation
consulting services for the Liberty Quarry EIR and is currently reviewing proposals to provide
air quality consulting services. Staff anticipates taking a recommendation to the City Council
on January 23, 2007. (WEST)
. Old Town Specific Plan Amendment - Staff is working with the Old Town Local Review
Board on an amendment to the Old Town Specific Plan. Staff is considering design
guidelines that would effectively result in reducing the apparent size, bulk, scale and height
of buildings and guidelines that would encourage pedestrian activity on the street within Old
Town. An in-lieu parking fee for commercial development may also become part of a future
amendment to the Old Town Specific Plan foliowing the results of the parking study that will
be underway shortly. (WEST)
Plannjng Agenda Report
11-01-06 through 12-31-06
APN #
. PA05-0402 Downs Energy 921040040 DANA SCHUMA
A Development Plan application for a liquid natural gas facility and a 14,776 square foot office spec building, located
at the northwest corner of Rancho Way and Diaz Road. APN 921-040-040 & 921-040-041,
Submitted Date
12/22/2005
Approved Date
12/612006
. PA06-0045
CREEKSIDE CENTRE
APN#
921810025
BETSY LOWREY
A Tentative Parcel Map (TPM 34387) to subdivide 5.9 acres into 3 parcels located at the southwest corner of
Overiand Drive and Nicole Lane [APN 921-180-032 (formerly 921-810-025)]
Submitted Date
2/21/2006
Approved Date
12/7/2006
. PA06-0082
DCN Dodge
APN#
921080014
STUART FISK
A Major Modification application for the addition of 3,089 square feet of building area for an auto dealership display
area and facade improvements for an existing 27,101 square foot building located on 4.37 acres located on the west
side of Ynez Road approximately 600 feet north of DLR Drive (APN 921-720-001)
Submitted Date
3/28/2006
Approved Date
11/1/2006
APN#
. PA06-0101 Hemmingway at Redhawk TR23064 KATIE LECOMTE
Home Product Review for 108 single-famiiy homes with four product types on 26.0 acres generally located on the
north side of Deer Hollow Way, approximately 800 feet east of Peppercorn Drive.
Submitted Date
4/7/2006
Approved Date
11116/2006
APN#
. PA06-0135 Downs Energy CUP 921040040 DANA SCHUMA
A Conditional Use Permit with a Development Plan appiication for the storage and distribution of fuel (liquid natural
gas). The project is located on the northwest corner of Diaz Road and Rancho Way. (PA05-0402)
Submitted Date
5/10/2006
Approved Date
12/6/2006
. PA06-0137
Stratford at Redhawk
APN#
962450001
DANA SCHUMA
A Home Product Review for 106 residential iots on 29.53 acres within the Redhawk Specific Plan (TR23065-3)
located generally at the southern end of the city limits on Peachtree Street and Primrose Avenue.
Submitted Date
5/10/2006
Approved Date
11/30/2006
. PA06-0221
RANCHO PUEBLO CONDO MAP
APN#
959070025
CHERYL KITZEROW/MATT PETERS
1of8
Planning Agenda Report
11-01-06 through 12-31-06
A Tentative Parcel Map for condominium purposes for four commercial buildings (Rancho Pueblo Offices) located at
the northeast corner of Highway 79 South and Avenida de Missiones.
Submitted Date
7/31/2006
Approved Date
11/30/2006
APN#
. PA06-0222 Santiago Rd and John Warner PM 945080017 KATIE LECOMTE
Tentative Parcel Map (TPM 35039) to subdivide 4.17 acres into 3 lots with an averge size of 1.39 acres located at
Santiago and John Warner Roads. APN: 945-080-017
Submitted Date
8/1/2006
Approved Date
12/14/2006
. PA06-0275
Dalton /I TPM 35141
APN#
922024013
CHRISTINE DAMKO
A Tentative Parcel Map for Dalton II to combine Lots 9-14 BLK 22 of MB15/726 SD Co (APN 922-024-012 and 922-
024-013), located at 41925 Fifth Street.
Submitted Date
9/18/2006
Approved Date
12/14/2006
. PA06-0290
OLD TOWN SALON MODULAR
OFF/CE
APN#
922044021
KNUTE NOLAND
A Major Temporary Use Permit for a modular office building to be located adjacent to the rear alley of the Old Town
Temecula Salon & Day Spa located at 41925 3rd Street (APN: 922-044-021).
Submitted Date
9/27/2006
Approved Date
11/20/2006
. PA06-0297
Extreme Fit Carnival TUP
APN#
960330008
KATIE LECOMTE
A Major Temporary Use Permit for the Extreme Fit "Thanks & Giving" Fundraiser Carnivai to benefit the St. Jude's
Children's Hospital taking place on November 4, 2006 with set-up for the event starting at 7:30 am, and the event
talking place from 11am to 4pm located at 32820 Wolf Store Road (APN: 960-330-008).
Submitted Date
10/4/2006
Approved Date
. PA06-0305
TEMECULA VILLAGE MAJOR MOD
APN#
944290012
CHERYL KITZEROWIMATT PETERS
A Major Modification to eliminate Condition of Approval #80 for Planning Application No . PA06-0018 in order to
increase the overall building height of the multi-family residential units an additional 5-feet, based on the revised
approved roof design.
Submitted Date
1 0/9/2006
Approved Date
12/6/2006
. PA06-0321
Quality Nissan Vehicle Storage
APN#
921050004
BETSY LOWREY
2 of 8
Plannjng Agenda Report
11-01-06 through 12-31-06
A Major Temporary Use Permit to allow storage of new and used vehicles for Quality Nissan on a vacant located on
Via Montezuma one lot west of Jefferson (APN: 921-050-004)
Submitted Date
10/27/2006
Approved Date
11/29/2006
. PA06-0361
TARBELL REAL TORS HOLlDA Y
EVENT
A Major Temporary Use Permit for the Tarbell Realtors Holiday Event to take place at 30610 Rancho California
Road on Saturday, December 9,2006 from 10:00 AM to 3:00 PM (APN: 921-700-003).
APN#
921700003
KNUTE NOLAND
Submitted Date
12/1/2006
Approved Date
12/7/2006
. PA05-0172
REDHAWK T/RE STORE AND CAR
WAS
PROPOSED DEVELOPMENT PLAN WITH A CUP FOR A TIRE STORE AND SELF SERVE CAR WASH (3
SLDGS TOTALING 8353 SF) LOCATED ON MARGARITA RD NEAR DE PORTOLA RD
APN#
959090007
CHRISTINE DAMKO
Submitted Date
6/7/2005
Approved Date
11/30/2006
30fB
Planning Agenda Report
11-01-06 through 12-31-06
. P A06-0060
Redhawk Condos PA 13
APN#
962020012
DANA SCHUMA
A Development Plan application for a multi-family residential project to construct 98 condominium units on 8.9-acres
totaling 176,944 square-feet. The project site is located within Planning Area 13 of the Redhawk Specific Plan on
the corner of Peach Tree Street and Deer Hollow Way. Originally Parcel 20 of Parcel Map 24387; APN 962-020-
012; (Tentative Parcel Map No. 34715 - PA06-0098)
Submitted Date DRC Meeting Date Planning Commision
3/8/2006 4/13/2006 2/7/2007
. PA06-0098
Redhawk Condos PA13
APN#
962020012
DANA SCHUMA
A Tentative Parcel Map application for Condominium Purposes with a Final Map Wavier for 97 units on one parcel
located at the corner of Deer Hollow Way and Peach Tree Street. Original Parcel Map No. 24387; new Tentative
Parcei Map No. 34715; APN 962-020-012; (Development Plan-PA06-0060)
Submitted Date DRC Meeting Date Planning Commision
4/5/2006 5/11/2006 2/7/2007
APN#
. PA06-0206 Cabrif/o Ave TPM & Minor Excep 922180009 DANA SCHUMA
A Tentative Parcel Map with Final Map Waiver and Minor Exception to subdivide a 4.98 acre site into two parcels
located at 30465 Cabrillo Avenue. (APN 922-180-009)
Submitted Date DRC Meeting Date Directors Hearing
7/17/2006 8/8/2006 3/15/2007
APN#
. PA06-0240 Cingular Monopine 954020005 DANA SCHUMA
A Minor Conditional Use Permit application for the addition of a 65-foot monopine and an equipment shelter to an
existing antenna site located at41520 Margarita Road. (APN 954-020-011)
Submitted Date DRC Meeting Date Planning Commision
8/15/2006 9/14/2006 1/17/2006
. PA06-0293
PROMENADE MALL EXPANSION
APN#
910420005
CHERYL KITZEROW/MATT PETERS
A Development Plan to expand the Promenade Mall by 126,000 square feet with an outdoor life-style main street
shopping center consistent with square footage allowed in the Temecula Regional Center Specific Plan. In addition,
a Conditional Use Permit is requested to construct two parking garages (west garage, 2 levels, 40,200 square feet
and east garage, 4 levels, 332,500 square feet). The project site is located at the Promenade Mall, between Macy's
and Edwards Cinema, addressed as 40820 Winchester Road.
Submitted Date DRC Meeting Date Planning Commision
1 0/3/2006 10/30/2006 12/20/2006
. PA05-0109
Mira Lorna Condos
APN#
944060006
STUART FISK
A Tentative Tract Map for condominium purposes to subdivide 7.24 acres into three lots (one residential
condominium lot, one recreation lot, and one open space lot) on property located at the northeast corner of Rancho
Vista Road and Mira Loma Drive (APN # 944-060-006)
4018
Submitted Date DRC Meeting Date No Hearing Planned
. 4/13/2005
Planning Agenda Report
11-01-06 through 12-31-06
APN#
. PA05-0234 M/RA LOMA PD~ 944060006 STUART FISK
A PLANNED DEVELOPMENT OVERLAY TO CHANGE THE ZONING OF A 7.24 ACRE SITE LOCATED AT 29601
MIRA LOMA ROAD FROM HIGH DENSITY RESIDENTIAL TO PDO-11 TO CHANGE THE DEVELOPMENT
STANDARDS FOR THE SITE (APN # 944-060-006)
Submitted Date DRC Meeting Date No Hearing Planned
8/8/2005
5018
Planning Agenda Report
11-01-06 through 12-31-06
. PA06-0336
Blue Marlin Minor CUP
APN#
910130035
KATIE LECOMTE
A Minor Conditional Use Permit for dancing, live entertainment (small musical combo or a disk jockey) and and to
authorize an upgrade to an existing type-41 liquor license (on sale beer and wine) to a type-47 liquor license (on-
sale general) to authorize the sale of beer"wine and distilled spirits at an existing restaurant (Blue Marlin) located at
27590 Jefferson Avenue.
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
11/6/2006 12/7/2006
APN#
. PA06-0346 Chaparral Village 920100025 DALE WEST
A Development Plan for a proposed neighborhood commercial shopping center consisting of four single-story
buildings totaling 41,000 square feet on a 4.3 acre lot located at the corner of Nicolas Road and Winchester Road.
(APN: 920-100-025, 026, 030, 032)
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
11/16/2006
. PA06-0357
QUALITY NISSAN MASTER TUP
APN#
921680013
KNUTE NOLAND
A Master Temporary Use Permit (Auto Dealership) for Quality Nissan located at 41895 Motor Car Parkway (APN:
921-680-013).
Submitted Date Anticipated DRC Meeting Date Administrators Hearing
11/30/2006 12/18/2006
APN#
. PA06-0358 Margarita & Winchester Pointe 920090003 DANA SCHUMA
A Commercial Development Plan to construct a 5,500 square foot office building and a 9,900 square foot daycare
facility with playground area on 5.5 acres located north of Santa Gertrudis Creek between Margarita Road and
Winchester Road (APN 920-090-003).
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
11/30/2006 1111/2006
P A06-0363
Park Place Condo Map PM 35319
APN#
909310001
CHRISTINE DAMKO
A Tentative Parcel Map (PM 35319) for condominium purposes to create six units within the Park Place Office
building (currently in construction) located at the south west corner of Diaz and Winchester Road. (APN: 909-310-
001)
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
12/5/2006
APN#
921750009
BETSY LOWREY
. PA06-0367
A Conditional Use Permit for Champion Auto Group for an auto broker business to sell used vehicles via the internet
with one designated parking display sapce as required by DMV in order for Champion Auto Group to obtain "Vehicle
Deale's Business" and also a CUP for the business of Communications Equipment Sales (office telephone systems)
generally located on the corner of Ynez Road and Ynez Court at 26780 Ynez Road.
60f8
. Submitted Date Anticipated DRC Meeting Date No Hearing Planned
12/7/2006
Planning Agenda Report
11-01-06 through 12-31-06
. PA06-0373
TOYOTA OF TEMECULA VALLEY
APN#
921080039
KNUTE NOLAND
A Master Temporary Use Permit (Auto Dealership) for Toyota of Temecula Valley located at 26631 Ynez Road
(APN: 921-720-006).
Submitted Date Anticipated DRC Meeting Date Administrators Hearing
12/15/2006 1/15/2007
APN#
. PA06-0389 Rancho Self Storage 921480045 DANA SCHUMA
A Conditional Use Permit and a Development Plan to construct a 26,418 square foot self storage facility expansion.
The expansion includes nine new storage buiidings and 42 covered RV parking spaces located at 41705 Overland
Drive east of Commerce Center Drive. (APN 921-480-044 & 045) (Related to PA01-0605)
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
12/19/2006 2/8/2007
APN#
. PA06-0394 T-Mobile Wireless Facility CUP 945180003 BETSY LOWREY
A Conditional Use Permit and Antenna Facility Application to construct and operate aT-Mobile Wireless Facility to
be concealed as an old fashioned water tower to be located in a Very Low residentially zoned neighborhood on a
2.6 acre 101. The vicinity is approximately 1000 feet west of Meadows Parkway and 500 feet north off of Pauba
Road (in between Pauba and Green Tree Road), at41758 Green Tree Road. [APN 955050012].
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
12/26/2006
. PA06-0396
KILLARNEY'S ST. PATRICKS TUP
APN#
960020056
BETSY LOWREY
A Temporary Use Permit for an outdoor SI. Patrick's Day celebration to be held on March 17,2007 in the parking lot
adjacent to Killarney's Pub located on the south side of State Highway 79, east of Apis Road in the Wolf Store Retail
Park at 32475 Highway 79 South (APN: 960-020-056).
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
12/29/2006
. PA07-0003
TEMECULA CEMETARY MODULAR
UN/T
APN#
944020004
KNUTE NOLAND
A Major Temporary Use Permit to instail a modular office structure at the Temecula Cemetary located at 41911 C
Street (APN: 944-020-004)
Submitted Date Anticipated DRC Meeting Date Administrators Hearing
1/5/2007 . 2/12/2007
. P A07 -0004
2007 SPRING TEMECULA ROD
RUN
APN#
922035019
KNUTE NOLAND
/
A Major Temporary Use Permit for the Temecula Rod Run that will take place on the streets of Old Town Temecula
and adjacent private property on March 9, 2007 from 1 :00 PM to 8:30 PM and March 10, 2007 from 5:30 AM to 4:30
PM (APN: 922-035-019).
70f8
Submitted Date Anticipated DRe Meeting Date Administrators Hearing
1/8/2007 3/7/2007
Planning Agenda Report
11-01-06 through 12-31-06
80f8
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Legend
Planning Status - November/December
o 1. Recently Approved
o 2. Scheduled for Hearing
. 3. New Submittals Pending ORe Meeting
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ITEM NO. 24
Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Shawn D. Nelson, City Manager
DATE:
January 23, 2007
SUBJECT:
City Council Travel/Conference Report - December 2006
PREPARED BY:
Sue Steffen, Executive Assistant
RECOMMENDATION:
Receive and file
On December 5, 2006 Council Members Roberts, Edwards, and Comerchero traveled to Reno,
Nevada to attend the National League of Cities Congress of Cities meeting.
On December 13, 2006 Council Member Roberts traveled to Los Angeles to attend the Southern
California Association of Governments (SCAG) Administration, Transportation & Communications
Committee, and Regional Council meetings. SCAG will reimburse the City for his hotel expense.
Attachments: Meeting Agendas
Congress of Cities
Preliminary Schedule of Events
Reno, Nevada
December 5-9, 2006
Tuesday. December 5. 2006
Leadership Training Institute Seminars
Constituency and Special Group Seminars
Wednesday. December 6. 2006
Leadership Training Institute Seminars
Mobile Workshops
Governance Meetings
Policy Meetings:
9:00 a.m. -12:00 D.m.
Energy, Environment and Natural Resources (EENR)
Human Development (HD) Council Member Edwards
Public Safety and Crime Prevention (PSCP)
Transportation Infrastructure and Services (TIS) Council Member Roberts
1 :00 D.m. - 4:00 Dm.
Community and Economic Development (CED) Council Member Comerchero
Finance, Administration and Intergovernmental Relations (FAIR)
Information Technology and Communications (ITC)
Constituency and Special Group Meetings and Events .
Thnrsday. December 7. 2006
Opening General Session
Exposition
Workshops
Mobile Workshops
Governance and Policy Meetings
. Resolutions Committee Meeting
· NLC Nominating Committee Hearing
Constituency and Special Group Meetings and Events
Fridav. December 8. 2006
General Session
Exposition
Workshops
Mobile Workshops
City Futures Panel Meetings
Constituency and Special Group Meetings and Events
Saturdav. December 9. 2006
General Session
Delegates Luncheon
Workshops
Annual Business Meeting
Host City Closing Event
.
. Human Development (HD)
Policy & Advocacy Committee Meeting
AGENDA
9:00 A.M.
Wednesday, December 6, 2006
Reno, Nevada
I. Call to Order
II. . WelCome and Introductory Remarks
Chair Karen Geraghty, Councilor, Portland, Maine
III. Consider Amendments to National Municipal Policu
. As proposed by HD Steering Committee
. As proposed from the floor by HD Committee members
IV. Consider Proposed Resolutions
. As proposed by the HD Steering Committee
. As proposed from the floor by HD Committee
V.' Reports .... .
NLC Board of Drrectors Liaison
Charleta Tavares, Council Member, Columbus,.Ohio
Advisory Council Liaison
Rozelle Boyd, Councilor, Indianapolis, Indiana
VI. Legislative Update
Michael Wallace, Senior Legislative Counsel
VII. Open Discussion
Potential Policy IAdvocacy work for HD Committee in 2006
VIII. Adjourn
3
TRANSPORTATION INFRASTRUCTURE AND SERVICES CI1ID
Policy and Advocacy Committee Meeting
Wednesday, December 6, 2006 ~ 9:00 a.m.
Congress of Cities ~ Reno Convention Center
Reno, Nevada
9:00 A.M. - 9:15 A.M.
9:15 A.M. - 9:30 A.M.
9:30 A.M. - 10:00 A.M.
10:00 A.M. - 10:45 A.M.
10:45 A.M. -11:15 A.M.
11:15 A.M. -11:45 A.M.
11:45 A.M. -12:00 P.M.
12:00 P.M.
AGENDA
WELCOME AND INTRODUCTORY REMARKS
Bill Brooks, Chair
Mayor, Belle Isle, Florida
LEGISLATNE UPDATE
Leslie Wollack, Principal Legislative Counsel
National League of Cities
NATIONAL SURFACE TRANSPORTATION POLICY
AND REVENUE STUDY COMMISSION UPDATE
Leslie Wollack and Julia Pulidindi
National League of Cities
PROPOSED AMENDMENTS TO NATIONAL
MUNICIPAL POLICY
A. Steering Committee proposals
B. Proposals from the floor
PROPOSED RESOLUTIONS
A. Steering Committee proposals
B. Proposals from the floor
AVIATION SECURITY
Steven Calabro, C.M., Senior Aviation Security Consultant
Wilbur Smith Associates
OPEN DISCUSSION
A. 2007 Policy Process
B. Potential 2007 Priorities
ADJOURN
STAFF CONTACT
Julia Pulidindi, Policy Analyst
National League of Cities
202-626-3l76,oulidindilalnlc.oT\!
---i
,
I.
IUI8
Community & Economic Development (CED)
Policy & Advocacy Committee Meeting
AGENDA
1:00 P.M.
Wednesday, December 6, 2006
Reno, Nevada
I. Call to Order
II. Welcome and Introductory Remarks
CED Chair
Henry Marraffa, Council Member, Gaithersburg, Maryland
III. Policy Work
. Consider Amendments to National Municipal Policy
. Consider Proposed Resolutions
IV. Reports from Liaisons
. NLC Board of Directors: Anne Sinclair, Council
Member, Columbia, South Carolina
. NLC Advisory Council: Ruth Hopkins, Council Member,
Prairie Village, Kansas
V. Discussion on Local Housing Challenges
Jeffrey Lubell, Executive Director, Center for Housing Policy
VI. Legislative Update
Michael Wallace, Senior Legislative Counsel
VII. Open Discussion
Potential Policy/Advocacy work for CED Committee in
2007
VIII. Adjourn
,
SOUTHERN CALIFORNIA
ASSOCIATION of
GOVERNMENTS
Main Office
818 West Seventh Street
12th Floor
Los Angeles, California
90017-3435
t (213) 236-1800
f(213) 236-1825
www.scag.ca.gov
Offlcers: PresidentYvonneB. Bulte,w$
MgelesCounty.flrnVkel'resldentGary{lyltl,
San Bemardloo CoURty. SemIldYICe President
RiChard Dixon. La~ fllfeSt.lmmediate Pas!:
President Toni Young, PortHueI1en\('
Imperil! County: ViCIOI Cmillo, Imperial
County. Jon EdIIey,BCentro
losAngeles County: Yvonne R Burke, Los
AngelesCounry.ZevYaroslilYSky,losAngeles
County. JimAldlng"er,Manllattan Ileach. Harry
Baldwin, San Galniel. Paul Bowlen, Cerrilos,
Todd CampbeIl,Bumank.Tony Cardenas, los
Angeles. Stan Carroll, La Habra Heights.
MargaretClarl:,Rosemead.GeneOaniels,
Paramoont. Mike Dispenza, Palmdale. Jud~
Dunlap,lrlglewood' RaeGabelkh,long 8each.
DavklGafin. Downey.EfjcGarcetti, l>>sAngeles
.WendyGreuel,losAngeles. frank Gllrule,
(UdahY.JankeHahn,l05Angeles.lsildQfeHar~
Conllllon. KelthW. Hanks, Azusa-Jose Huizar,
losAngcles.Tom LaBonge, losAnge/es-Paula
Lantz, Pornona-PaulNowatb,TOITance.Pam
O'(OIlner, Sanla Monica. Alex Padilla, Los
Angeles.8ernanlParks,losAngeles.JanPerry,
losAngeles-fdReyes,losAngeles.8in
Rosendahl,los Angeles. GreIg Smith, Los
Angeles - Tom Sykes, W~lnut . P~ul Talbot,
Alhambra. MikeTt'fI, South P~sadena' Tonia
Reyes llrang~, Long 8each . Antonio
ViJlaraigosa,losAngeles.DennisWashbum.
Calabasas. JadlWeiss, los Angeles. HerbJ.
Wesson, Jr., losAngeles. llennisline, Los
An!J1!les
Orange County: CIJlis Norby, Oran!J1! Coonly -
(tlrlstine Barnes. La Palma-John 8eauman,
8rea.LGulkme,Tustin-Art8rown,8uenaPart
. Rithard Chavez. Anaheim - Debbie Cool!,
Huntington 8mh . leslie Daigle, Newport
8tath.RidJardD1xon,lakefotest:.P~uIGlaab,
tagunaNlguel.MarllynnPoe,losAlamltos
RtYerskleCoIlrttr-JeffStone,Rive~ide(<lunly
. Th<lmas 8uckley, Lake ElsInore. 80nnie
flickinger, Moreno Valley. R<ln lllVeridge,
River5ide.GregPettis,CatIJedr.JICity_R<ln
Roberts,TemeCllIa
San 8ernardino County: Gary 0Vftt, San
8emardln<l ((Iunty. Lawrence Dale,llarstow.
Paul Eat<tn,MOIltdalr. l.ee Ann Garda, Grand
Terrue-TlmJaspet,TlJWllofAppleVaffey.larry
Md:aft<ln,Hlgbland.DeboraIlRobertson,Rialt<l
.AlanWapner,Ontalio
YentttraCountr-JudyMikels,VenturaC<lunty'
Glen 6e<erra,SlmIValley.(arl Morehouse, San
lIueIl<lYentura.TonIYoong,PortHueneme
Orange County TnnsportaUon AudJority:
louulITea, Counlyof Orange
Ri\'f!rsIde CoIIIItJ Transportation
Commission: Roblntowe,Hemet
Yenhlra County TransportatfDn
Commbslon: Keith Mllloouse, Moorp.lrk
ss!los.ll9.06
MEETING OF THE
PLEASE NOTE DATE CHANGE
Thursday, December 14, 2006
9:00 a.m. - 10:00 a.m.
SCAG Offices
818 West 7th Street, 12th Floor
Conference Room San Bernardino
Los Angeles, CA 90017
213.236.1800
If members of the public wish to
attachments or have any questions on
agenda items, please contact Lisa
213.23.6.1891 or tavlorl@scaa.ca.aov
review
any of
Taylor
the
the
at
Agendas and Minutes for the Administration Committee
are also available at:
www.scaa.ca.aov/committees/ac.htm
SCAG, in accordance with the Americans with Disabilities Act (ADA), will
accommodate persons who require a modification of accommodation in
order to participate in this meeting. If you require such assistance, please
contact SCAG at (213) 236-1868 at least 72 hours in advance of the
meeting to enable SCAG to make reasonable arrangements. To request
documents related to this document in an alternative format, please
contact (213) 236-1868-
#110623 v7 - Cover Page_Administration Committe
/
/A D MI' N 1ST RAT ION COMMITTEE
;/
1)
...
PAGE #
TiME
"Any item listed on the agenda (action or information) may be acted upon
at the discretion of the Committee."
1.0 CALL TO ORDER & PLEDGE OF
ALLEGIANCE
Hon. Toni Young,
Chair
2.0 PUBLIC COMMENT PERIOD
Members of the public desiring to speak on an agenda item or items
not on the agenda, but within the purview of the Committee, must fill
out and present a speaker's card to the Assistant prior to speaking. A
speaker's card must be turned in before the meeting is called to order.
Comments will be.limited to three minutes. The chair may limit the
total time for all comments to twenty (20) minutes.
o
3.0
REVIEW and PRIORITIZE AGENDA ITEMS
4.0 CONSENT CALENDAR
4.1 Approval Item
4.1.1 Minutes of November 2.2006
Attachment
01
4.1.2 Contracts Over $250.000
Attachment
05
4.1.3 Contract Amendments Over $75. 000
Attachment
08
4.1.4 The 2007 National Alternative Fuels and
Vehicles Conference and Expo
Attachment
10
4.2 Receive and File
(
4.2.1 ContractslPurchase Orders $5.000 to $250.000
and MODs Between $5.000 to $250.000
Attachment
12
1
#129237 vi ~ Agenda_Adminisnalion Commillee_December 2006
l?/.c;n(V\l; I.?? PM
ADM I N 1ST RAT I ON
COMMITTEE
...
~
PAGE #
TIME
5.0 ACTION ITEMS
5.1 Final Version of Delegation .
Agreement re: RHNA
Attachment
Karen 14
Tachiki,
Chief Counsel
5 minutes
5.2 RHNA Budget Reoort Wayne 28 5 minutes
Attachment Moore,CFO
5.3 Extension of Contracts for State & Federal Don Rhodes, 30 5 minutes
Lobbvists Until June 30. 2007 SCAG Staff
Attachment
5.4 Personnel Committee
Attachment
5.4.1 Merit Pav Program - Extend Pilot
Status through Julv 2007
Attachment
Debbie
Dillon,
SCAG Staff
32
5 minutes
6.0 INFORMATION ITEMS
6.1 Audit Committee Reoort
Hon. Paul
Nowatka, Chair
6.2 CFO Monthlv Financial Reoort for
AugusVSeotember 2006
Attachment
Wayne Moore, 36
CFO
5 minutes
ii
#129237 vI . Agenda_AdminisltationCommillee_December 2006
l?J<;nOOf, 1.1.2 PM
/~
!
~'
.
e\
.
DMINISTRATION
COMMITTEE
...
PAGE #
TiME
7.0 FUTURE AGENDA ITEMS
Any Committee members or staff desiring to place items on a future agenda
may make such request. Comments should be limited to three (3) minutes.
8.0 ANNOUNCEMENTS
9.0 ADJOURNMENT
The next meeting of the Administration Committee will be held on
Thursday, January 4,2007 in the SCAG offices in downtown Los Angeles.
iii
#129237 vI . Agenda_AdministTalion Commiuec_December 2006
121512006 1 :22 PM
SOUTHERN CALIFORNIA
.
ASSOCIATION of
GOVERNMENTS
Main Office
818 West Seventh Street
12th Floor
Los Angeles, California
90017-3435
t(213) 23&1800
f(213) 23&1825
www.scag.ca.gov
Offlcm:PresldentYvnnneB.Burke,Los
Angefes(ounty.RrstVJcePresldelltGaryOvltr.
San BemardlnoCoonty. Se<ondVlce Presldenl:
RidlardDixoo, lAke fnrest. fmmedlatePast
PlesidentTonlYoung. Pon Kuenerne
Imperial CounfJ': Victnl CalfiIJo, Imperial
(ounty.JOll Edney, E1Centro
Los Angeles County:Yvoone B. Burie,tos
Angeles(ounty.levYolInslavsly,losAngeles
(ounty.JimAldinger,Manhattanllead1.~rry
Baldwin,San6abriel..PauIBowlen,Cerrilos.
Todd Campbell, Burbilnk.TanyCardellaS,tos
.. ~ Angeles. Stan Calfnll,la HabraHeights.
.' Marga!etCI~rI:,Rosemead . Gene Oanlels,
Paramnunt-Mlke Olsptrua, Palmdale'Judy
Dunlap.fnglewaod. RaeGabelid1.. lilngBeach.
David Gafln, Downey. ElicGalCe!ti,LosAngeles
. Wendy Greuel. Los Angeles. Frank Gurul~,
Cudahy.JankeHahn,losAngeles.1sadOle~lI,
(omptnn.KeithW.llanks,Azusa.Jn~lIulzar,
losAngeles.Tom IABonge, LosAngtles. Paula
lantz./'omona. Paul tfuwalka,Torrance.Pam
O'C(lllnor, Santa Monica. Alex Padilla, Los
Angeles. IlemanlParks,losAJlge!es.Jan Perry,
losAngeles. Ed Reyes,losAngeles. Bill
Rosendahl, Los Angeles. Glelg Smith, Los
Angeles. Tnm S~kes, Walnut. Paul Talbot,
Alhambfa.MikeTen, Snuth Pasadena.TOllla
Reyes Uranga, Long Beach. Antonin
Villaraigosa,LosAngeles.DennisWasllbllm.
Calabasas.jackWelss,los Ange!es. Hml
Wesson, Jr~ lns Angeles. Dennis line, Los
Angeles
OrangeCollnty:ChrisNorby,OrangeCounty.
Christine Bames, la Palma. Jolm Beauman,
Brea.LouBone,Tustln-ArtBroWfl,BuenaPafl:;
. Richard Chavez, Anaheim. Debbie Cook,
HuntingtOll Beach.leslie Daigle, Newport
Bea,h.!tit:bard D1Xl1n. lake fGrest. Paul Glaab,
lagunaNrgue1'Ma~tynnPoe,LosAlamltos
Rlver.skleCounq:JeIfStnne,RlveIsideCnunty
. Thomas Bu(~ley, lake Elsinore. Bonnie
f1idinger, Moreno Valley. Ron Loveridge,
Riverside. Greg Petlis, Calhedral City-Rnn
Rollerts,Temecula
San Bernardino County: Gary Ovitt, San
BernafdiI\(lCounry,lawrenreDale,ll.11stow-
Paul fatOll,Montdalr' Lee Ann GaKia, Grand
Telfa<e.nmJasper,TownofAppleVal!ey.lArry
MtCallon,Hlgh!and.Debol'ahRobertson,Rialto
.AlanWapner,Ontano
VenturaCOIInty:JudyMikels.VenturaCoonty.
Glen 8erena,Simi Villley.Call More!Jouse, San
Buenaventura.ToniYoong.PortHueneme
Onnge CounfJ'Tramportatlon AlItborhy.:
Ii' Lou(orrea,CountyofOrange
,. Il1vmIde Countt' TrusportatIon
ComIllhslon:Roblnlowe,Hemer
Ventura County Transportation
ComIllkslon:KelthMmho~,Moorp.lrk
SS90>-lliDli
Doc # 124959 v4 - Tee
MEETING OF THE
TRANSPORTATION AND
COMMUNICATIONS COMMITTEE
PLEASE NOTE DATE CHANGE
Thursday, December 14, 2006
10:00 a.m. - 11 :45 a.m.
SCAG Offices
818 West ih Street, 12th Floor
Conference Room Riverside B
Los Angeles, CA 90017
213.236.1800
If members of the public wish to
attachments or have any questions on
agenda items, please contact Cathy
213.236.1896 or alvarado@scaa.ca.aov
review the
any of the
Alvarado at
Agendas and Minutes for the Transportation and
Communications Committee are also available at:
www.scaa.ca.aov/committees/tcc.htm
SCAG, in accordance with the Americans with Disabilities Act (ADA), will
accommodate persons who require a modification of accommodation in
order to participate in this meeting. If you require such assistance, please
contact SCAG at (213) 236-1868 at least 72 hours in advance of the
meeting to enable SCAG to make reasonable arrangements. To request
documents related to this document in an alternative format, please
contact (213) 236-1868.
!,.;,
TRANSPORTATION
COMMUNICATIONS
-_.
&
COMMITTEE
PAGE #
"Any item listed on the agenrla (action or information)
may be acted upon at the discretion of the Committee".
1.0
CALL TO ORDER & PLEDGE
OF ALLEGIANCE
Hon.
Harry Baldwin,
Chair
2.0 ,PUBLIC COMMENT PERIOD
Members of the public desiring to speak on an agenda item or items
not on the agenda, but within the purview of this committee, must
fill out a speaker's card prior to speaking and submit it to the Staff
Assistant. A speaker's card must be turned in before the meeting is
called to order. Comments will be limited to three minutes. The
Chair may limit the total time for comments to twenty (20) minutes.
. 3.0
REVIEW and PRIORITIZE AGENDA ITEMS
4.0 CONSENT CALENDAR
4.1 Approval Items
4.1.1 Minutes of November 2. 2006 Meeting
. Attachment
4.1.2 2007 State and Federal Legislative Program
Supplemental Attachment
Recommended Action: Adopt the 2007 State
and Federal Legislative Program
.
TIME
1
8
#128983 vi - TCC Agenda 12/14/06
Created by AL V ARAOO
1,,)I"non~ 1.,,'Hlt., DU
TRANSPORTATION
COMMUNICATIONS
-
&
COMMITTEE
... '"
.~ (..
..
PAGE #
TIME
ii
#128983 vI - Tee Agenda 12/14106
Created byALV ARADO
Df,noo.; 1.,"J.t\J;. Pt."
{RANSPORTATION
COMMUNICATIONS
&
COMMITTEE
.-
PAGE # TIME
6.0 INFORMATION ITEMS (continued)
6.3 Update on the Southern California Jim Ritchie, 82 10 minutes
Regional Airport Authoritv LAWA
Los Angeles World Airports will provide
an update on the newly reactivated
Southern California Regional Airport
Authority, which had its first
meeting on October 12.
6.4 2007 Regional Champion Awards Hon. Harry Baldwin, 83 5 minutes
Chair
The Committee should begin discussion
. about the 2007 Regional Champion Awards
and the nomination process each policy
committee will use.
7.0 MAGLEV TASK FORCE REPORT Hon. Lou Bone,
Chair
8.0 GOODS MOVEMENT TASK Hon. Art Brown,
FORCE REPORT Chair
9.0 CHAIR'S REPORT Hon. Harry Baldwin
10.0 STAFF REPORT Rich Macias,
SCAG Staff
11.0 FUTURE AGENDA ITEMS
Any committee members or staff desiring to place items on a future agenda
may make such request. Comments should be limited to three minutes.
12.0
ANNOUNCEMENTS
.13.0
ADJOURNMENT
The next meeting of the Transportation and Communications Committee
will be held on January 4, 2007 at the SCAG offices in downtown Los Angeles.
iii
# 128983 vi - rcc Agenda 12/14/06
Created by AL V ARAOO
1"JI'.n/'\M 1-,'7-1l'; PM
SOUTHERN CALIFORNIA
ASSOCIATION of
GOVERNMENTS
Main Office
818 West Seventh Street
12th Floor
Los Angeles, California
90017-3435
t (213) 236-1800
f(213) 236-1825
www.scag.ca.gov
Officers: Pres!dent:Yvonne B. Burke, los
AngelesCounty.FirstVicePresident:Gal)'ovitl,
SanBemard!no County. Second Vice PresIdent:
Rkhard Dixon, Lake Forest. Immediate Past
PresldentToniYoung,PortHueneme
Imperial County: Viclor Carrillo, Imperial
County.JonEdney,EICentro
losAngeles County: Yvonne B. Burke, los
Angeles County.ZevYar05lavsky,los Angeles
(ounty.JimAldlnger,ManhattanBeach.Harry
;'dwln, San Gabriel. Paul Bowlen, Cenitos.
,d<I Campbell,Btnbank. Tony Cardenas. Los
Angeles.StanCarroll,la Habra Heights.
Margaret Clark, Rosemead. Gene Daniels,
Paramount.MlkeDlspenla,Palmdale.Judy
Dunlap, I nglewood.Rae Gabelicb,Long Beacb
. David Gafln, Downey. Eric Garcetti,los
Anqeles.WendyGreuel,losAngeles.Frank
Gurule, CUdafly.Janlce Habn, Los Angeles.
Isadore Hall,Compton. KelthW. Hanks,Azusa.
Jose Hulzar,los Angeles.Tom laBonge,los
Angeles.Paula Lantz, Pomona. Paul Nowatka,
Torrance. Pam O'Connor, Santa Monica. Alex
Padilla,losAngeles.BernardParks,los
Angeles.Jan Perry, LosAngeles. Ed Reyes. Los
Angeles. Bill Rosendab~ Los Angeles. Greig
Smith, Los Angeles. Tom Sykes. Walnut. Mike
Ten,SouthPasadena.TonlaReyesllranga,long
Beacb.AnlonioVillaraigosa,losAngeles.
DennisWashbum,Calabasas.Jadl:Welss,los
Angeles. Heib 1 WesSon, Jr., los Angeles.
Dennis1/ne,LosAngeles
Orange County: Cbris Norny, Drange County.
Chrisline Barnes, La Palma . John Beauman,
8rea.LouBone,Tustln.Art8rown,8uenaPark
. Rlcbaltl Chavel, Anaheim. Debbie Cook,
Huntlngtnn Beach . Leslie Daigle, Newpnrt
8eacb.RkI1ard Dixon, lake Forest. Paul Glaab,
Laguna Niguel
RiversideCounty:JeffStone,RlversldeCounty
. Thomas 8uckley, lake Elslnnre. 80nnle
Fllcklnger,Moreno Valley. Ron Loveridge,
Riverside.GTe9Pellis,CathedraIGty.Ron
Roberts.Temecllla
San Bemardlno County: Gal)' Ovitt, San
8ernardlnoCollnty. Lawrence Dale, Barstow.
Paul Eaton, Montdalr. Lee Ann Garcia, Grand
Terrace.TlmJasper,TnwnofAppleValley.larry
McCallon,Hlghland.DeborabRobertson,Rialto
.AlanWapner,Ontarlo
"~nturaCounty:JlldyMjkets,Ve!lIlrraCounty
,len 8ecerla,SimiValley. Carl Morehouse,
,.ln8uenaventllra.TnnlYoung,PortHlleneme
Orange County Transportation Authority:
Lou(orrea,CountyofOrange
RiversideCountyTrall5portatlon
Commission: Robin Lowe, Hemet
Ventura CountyTransportation
Commission: Keith Millhouse, Mnorpark
11.14.06
No. 481
Meeting of the
.
Thursday, December 14,2006
12:00 Noon - 1 :30 p.m.
SCAG Offices
818 W. 7th Street, 12th Floor
San Bernardino Conference Room A & B
Los Angeles, California 90017
213.236.1800
Agendas and Minutes for the
Regional Council are also available at
www.scag.ca.gov/committees/rc.htm
If members of the public wish to review the attachments or
have any questions on any of the agenda items, please contact
Shelia Stewart at 213.236.1868 or stewart@scag.ca.gov.
SCAG, in accordance with the Americans with Disabilities Act (ADA), will
accommodate persons who require a modification of accommodation in order to
participate in this meeting. If you require such assistance, please contact SCAG at
213.236.1868 at least 72 hours in advance of the meeting to enable SCAG to make
reasonable arrangements. To request documents related to this document in an
alternative format, please contact 213.236.1868.
o
o
REGIONAL COUNCIL
11IIIII
"Any item listed on the agenda (action or information) may
be acted upon at the discretion of the committee"
1.0
CALL TO ORDER & PLEDGE OF
ALLEGIANCE
Hon. Yvonne Burke
President
2.0 PUBLIC COMMENT PERIOD - Members of the public desiring
to speak on items on the agenda, or items not on the agenda, 'but
within the purview of the Council, must fill out and present a
speaker's card to the Executive Assistant prior to speaking. A
speaker's card must be turned in before the meeting is called to
order. Comments will be limited to three minutes. The President
may limit the total time for all comments to twenty minutes.
3.0 CONSENT CALENDAR
3.1
Approval Items
3.1.1 Minutes of November 2. 2006
Meeting Attachment
3.1.2 Contracts over $250.000
Attachment (Administration)
3,1.3 Contracts Amendments over $75.000
Attachment (Administration)
3.1.4 2007 National Alternative Fuel and
Vehicles Conference and Expo
Attachment (Administration)
3.1.5 Extension of Contracts for State & Federal
Lobbvists until June 30. 2007
Attachment (Administration)
3.1.6 Public Participation Plan
Attachment
PAGE #
TIME
01
10
13
15
17
19
. The parenthetical denotes itemS that have been, considered by the listed committee
i
~
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
.#129990 vI - RC_DEC 2006
1216/2006 2:39 PM
REGIONAL COUNCIL
IIIIBI.
( )
PAGE #
TIME
3.2 Receive & File
3.2.1 ContractslPurchase Orders and MOUs between 35
$5.000 - $250.000 Attachment (Administration)
3.2.2 CFO Monthlv Financial Report for September!
August 2006 Attachment (Administration)
37
3.2.3 November 2007 Election Results:
Regional Impacts Attachment
44
4.0 PRESIDENT'S REPORT
4.1 Appointments
4.2 Policv Regarding Staff Communications
Attachment
46
f)
J
,
~-_.
5.0 EXECUTIVE DIRECTOR'S REPORT
5.1 Report from the Executive Director
5.2 Executive Director's Performance Agreement
Julv 1.2006 to June 30. 2007 Attachment
48
6.0 ACTION ITEMS
6.1 Executive Committee Report
6.1.1 2007 State and Federal Legislative
Program Attachment
Hon. Yvonne
Burke, Chair
55
Recommended Action: .Approve
6.2
Administration Committee Report
Hon. Toni
Young, Chair
6.2.1 Final Version of Delegation
Agreement re: RHNA Attachment
58
Recommended Action: Approve
ii
.~
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
#129990 vi - RC_DEC 2006
1216/2006 2:39 PM
REGIONAL COUNCIL
0_
' I '
o
~
Administration Committee Report - Cont'd
6.2.2 , RHNABudget Attachment
Recommended Action: Approve
6.2.3 Merit Pav Prol!fam - Extend Pilot
Status through Julv 2007 Attachment
Recommended Action: Approve
6.3
Transportation & Communications
Committee (TCC) Report
6.4
Community. Economic & Human
Deyelopment Committee Report
6.4.1 RHNA Pilot Program Legislative
Language Attachment
Hon. Harry
Baldwin,Chair
Hon. Paul
Bowlen, Chair
Recommended Action: Review the approved RHNA
Pilot Program language and direct staff to continue efforts
to move the bill through the legislative process.
6.5
Energy & Environment
Committee (EEC) Report
6.6
Communications & Membership
Subcommittee Report
6.6.1 2007 General Assemblv (GA) and
RegJonal Council Retreat
A discussion of program ideas
for the 2007 GA and Retreat:
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
Hon.Dennis
Washburn, Chair
Hon. Glen
Becerra, Chair
Hi
PAGE #
.72
74
78
TIME
#129990 vi - RCDEC 2006
12/612006 2:39 PM
REGIONAL
COUNCIL
....
( )
7.0 INFORMATION ITEMS
7.1
Hon. Ron
Loveridge,
Chair
Staff will present highlights of the upcoming
2006 State of the Region which is currently
scheduled for release on December 11, 2006.
Highlights of the Upcoming 2006
State of the Region Attachment
7.2 Infrastructure Bonds: Implementation
and Impacts Attachment
Don Rhodes
Mgr. Gov't
Affairs
A summary of issues related to the
implementation and possible regional
impacts ofthe infrastructure bonds passed
by the voters in the November election will
be presented. Each Policy Committee received
a report regarc!ing the State Bonds in their
respective areas. Thesereports are attached.
8.0 FUTURE AGENDA ITEMS
Any committee member desiring to place items on a future agenda
may make such request. Comments should be limited to three minutes.
9.0 ANNOUNCEMENTS
10.0 ADJOURNMENT
The next meeting of the Regional Council is scheduled for
January 4, 2007 at the SCAG offices in downtown Los Angeles.
iv
.~
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
PAGE #
90
132
TIME
C)
#129990 vi . RC_DEC 2006
1216/20062:39 PM
ITEM NO. 25
Approvals
City Attorney
Director of Finance
City Manager
JM.f""
/JIZ
GO..-
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Mitch Aim, Chief of Police
DATE:
January 23, 2007
SUBJECT:
Police Department Monthly Report
The following report reflects the activity of the Temecula Police Department for the months of
November and December 2006.
PATROL SERVICES
One" calls
November
7,927
45
7.28
December
7,930
108
4.87
VOLUNTEERS
November
December
Volunteer administration hours 507 358
Community Action Patrol (CAP) hours 218 262
Special Event hours 28 103
Total Volunteer hours 930 866
CRIME PREVENTION/GRAFFITI
November
December
Crime prevention workshops conducted 4 0
Residential/business security surveys conducted 0/0 0/0
Businesses visited 11 0
Businesses visited for past crime follow-up 17 4
Crime prevention articles 1 1
Total square footaqe of graffiti removed 16,606 7,037
INVESTIGATIONS
November
December
Total cases assiqned 67 48
Total case closure rate 62 72
Current total of all open cases (as of end of month) 208 184
OLD TOWN STOREFRONT
November
December
Total customers served 266 259
Sets of finqerprints taken 12 39
Police reports filed 16 13
Citations siqned off 18 12
Total receipts $7,307 $6,130
STREET ENFORCEMENT UNIT
November
December
On sight felony arrests 9 11
On sight misdemeanor arrests 12 18
Felony arrest warrants served 5 2
Misdemeanor arrest warrants served 7 11
Follow-up investigations 8 6
Drugs Seized
Nov - 5 grams Methamphetamine, 22 grams Marijuana, Drug Paraphernalia
Dee -14 grams Methamphetamine, 13 grams Marijuana, 3 Meth Pipes
TRAFFIC
November
December
Citations issued for hazardous violations 1287 1039
Non-hazardous citations 432 248
Stop Light Abuse Program (SLAP.) citations 381 222
Neighborhood Enforcement Team (N.E.T.) citations 150 155
Parking citations 674 476
Injury collisions 17 30
PROMENADE MALL TEAM
November
December
Calls for service 290 462
Felony arrest/filings 6 15
Misdemeanor arrest/filings 20 54
Vehicle burglaries 3 5
Vehicle thefts 1 0
Prevention/Suppression Programs
Vehicle Crimes Deterrence Program
Promenade Mall Holiday Hot Spot
Crime Awareness for Retail Merchants Course
Theft Decoy Program
PROMENADE MALL STOREFRONT
November
December
Total customers served 160 267
Sets of fingerprints taken 120 56
Police reports filed 51 73
Traffic Citations 100 103
Total Receipts $6,245 $5,327
SCHOOL RESOURCE OFFICERS
November
December
Arrests 6 6
Citations 76 66
Youth Counseled 351 261
Presentations
Bullying/Gangs................................................................................................................... 6'h Grade
Bullying/Gangs................................................................................................................... 7'h Grade
Internet Safety.................................................................................................................... 8'h Grade
Bullying/Gangs.............................................................................................................. 4_5'h Grades
Drug Awareness.......................................................................................................... 9-12'h Grades
Domestic Violence .................................................................................................... 11-12'h Grades
Drugs......................................................................................................................... 11-12'h Grades
DUI/Drugs ...............................................................................................................9'h _12'h Grades
YOUTH ACCOUNTABILITY TEAM - searles
November
December
Orientations delivered to new program members 2 2
School visits 61 64
Home visits 26 54
Presentations
Gangs/Bullying
K-FROG Interview re Gangs/Bullying
School Attendance Review Board
Parent Project
Museum of Tolerance Field Trip
Southwest Detention Center Tour - 10 participants
ITEM NO. 26
Approvals
City Attorney
Director of Finance
City Manager
1#.('"
/JJ2
(J(G
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
January 23, 2007
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 November and December, 2006.
MEMORANDUM
TO: Bill Hughes, Director of Public Works/City Engineer
FROM: Oit 9 Brad Buron, Maintenance Superintendent
DATE: December 6, 2006
SUBJECT:
Monthly Activity Report - November, 2006
The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel
for the month of November, 2006:
I. SIGNS
II. TREES
A.
B.
C.
Total signs replaced
Total signs installed
Total signs repaired
26
16
o
A.
Total trees trimmed for sight distance and street sweeping concerns
12
ill. ASPHALT REPAIRS
A.
B.
Total square feet of A. C. repairs
Total Tons
4,732
51
A.
IV. CATCH BASINS
112
Total catch basins cleaned
A.
V. RIGHT-OF-WAY WEED ABATEMENT
1,400
Total square footage for right-of-way abatement
VI. GRAFFITI REMOVAL
A.
B.
Total locations
56
16,606
Total S.F.
VII. STENCILING
A. 54 New and repainted legends
B. 6,700 L.F. of new and repainted red curb and striping
R:\MAINT AIN\MOACTRPT
Also, City Maintenance staff responded to ~ service order requests ranging from weed abatement, tree trinnning,
sign repair, A.c. failures, litter removal, and catch basin cleanings. This is compared to -=!L service order requests
for the month of October, 2006.
The Maintenance Crew has also put in -2L 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 November, 2006 was $42,690.00
compared to $10,615.00 for the month of October, 2006.
Account No. 5402
Account No. 5401
Account No. 999-5402
$ 38,185.00
$ 4,505.00
$ -0-
cc:
Ali Moghadam, Senior Engineer
Greg Butler, Senior Engineer
Amer Attar, Senior Engineer
Jerry Alegria, Senior Engineer
(Traffic)
(Capital Improvements)
(Capital Improvements)
(Land Development)
R:\MAINTAIN\MOACTRPT
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STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of November, 2006
DATE
ACCOUNT
CONTRACTOR:
# 5401
Date: 11/22/06
# 5401
Date: 11/22/06
# 5402
Date: 11/27/06
# 5402
Date: 11/22/06
# 5402
Date: 11/07/06
Date: 11/06
# 5402
Date:
#
STREET/CHANNELIBRIDGE
""
BECKER ENGINEERING
LOMA LINDA CHANNEL
VIA MONTEZUMA LOW FLOW
HWY 79 SO. AT OLD TOWN FRONT
STREET
CITYWIDE
A VENIDA DE MISSIONES AT VIA
RIO TEMECULA
CITYWIDE
TOTAL COST ACCOUNT #5401
TOTAL COST ACCOUNT #5402
TOTAL COST ACCOUNT #99-5402
.
DESCRIPTION
OF WORK
TOTAL COST
SIZE
FILL IN VOIDS WITH 5 SACK SLURRY ALONG
CONCRETE CHANNEL WALLS
TOTAL COST
$ 2,840.00
REPAIR GATES
TOTAL COST
$ 1,665.00
GRADE & PLACE 500 TON OF ROCK ON EXISTING
PAD FOR EROSION CONTROL
TOTAL COST $ 18,675.00
ASPHALT SAW CUTTING FOR CITY PATCH CREW
TOTAL COST
$ 6,825.00
REMOVE & REPLACE 78' OF DAMAGED GUARD
RAIL
TOTAL COST
R.O.W. CLEAN-UP (DEBRIS, TRASH & WEEDS)
TOTAL COST
$ 7,500.00
TOTAL COST
$ 4,505.00
$38,185.00
- 0-
R:\MAINTAIN\MOACfRPT
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
ASPHALT (POTHOLES) REPAIRS
MONTH OF NOVEMBER, 2006
p~TE ~.. ...~ ~ ~D ~
,-.~.- .. I . . -~.- 1>.1<. i i
11/02/06 MARGARITA ROAD AT CALABRIA DRIVE A.C. OVERLAY 330 3
11/08/06 MARGARITA / BUSINESS PARK DRIVE A.C. OVERLAY 524 4
11/13/06 PECHANGA PARKWAY A.C. OVERLAY 414 2.5
1lI14/06 29991 CAMINO DEL SOL A.c. OVERLAY 900 4.5
11/15/06 SINGLE OAK / OLD TOWN FRONT STREET A.C. OVERLAY 387 3
1lI27/06 PAUBA ROAD AT VIA RAMI R&R A.C. 769 17
11/28/06 PAUBAATVIARAMI A.c. OVERLAY 849 8.5
1lI29/06 PARADE ROUTE A.C. OVERLAY 409 1.5
1lI30/06 VIA NORTE AT CARMELIT A R&RA.C. 150 7
TOTAL S.F. OF REPAIRS
TOTAL TONS
4,732
51
R:\MAINT AINIWKCMPLTD\ASPHAL T.REPAJR\06.07
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
CATCH BASIN MAINTENANCE
MONTH OF NOVEMBER, 2006
lie .!;M<:e'c_:,;y<gp<c yc c,<'p<_ ~~'~lf\iY";!1;'P'!
" <s:.~>>::PP 0>e.....<~. ......,......,:))..
1l/01.06 AREA #1 CLEANED & CHECKED 29 CATCH BASINS
1l/06/06 CITYWIDE CLEANED & CHECKED 14 CATCH BASINS
1l/07/06 AREA #1 CLEANED & CHECKED 9 CATCH BASINS
11/08/06 AREA #1 CLEANED & CHECKED 5 CATCH BASINS
1l/14/06 AREA #1 CLEANED & CHECKED 16 CATCH BASINS
11/16/06 AREA #2 CLEANED & CHECKED 9 CATCH BASINS
1l/27/06 CITYWIDE CLEANED & CHECKED 18 CATCH BASINS
11/28/06 AREA #1 CLEANED & CHECKED 6 CATCH BASINS
1l/29/06 AREA #1 CLEANED & CHECKED 6 CATCH BASINS
. .
TOTAL CATCH BASINS CLEANED & CHECKED ---1.ll
R:\M.AINTAIN\WKCMPLETD\CATCHBAS\06.07\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAFFITI REMOVAL
MONTH OF NOVEMBER, 2006
lli2~~~~2. ~;j{;;{.>;g.:{:i.Jif~JJ(;02_'2;~\t\/..j;\;;((iit;':Ki; iK >'i:tff21~_> Xi>Ji.
;.i;
11/01/06 SIB 1-15 AT WINCHESTER REMOVED 180 S.F. OF GRAFFITI
11/01/06 PAUBA ROAD REMOVED 75 S.P. OF GRAFFITI
11/01/06 EMPIRE CREEK AT YNEZ REMOVED 30 S.F. OF GRAFFITI
11/01/06 CALLE MEDUSA REMOVED 58 S.F. OF GRAFFITI
11/02/06 DIVES WAY AT DE PORTOLA REMOVED 22 S.F. OF GRAFFITI
11/02/06 MARGARITA AT MORAGA REMOVED 30 S.F. OF GRAFFITI
11/03/06 ROANOAKE AT LONG VALLEY REMOVED 8 S.P. OF GRAFFITI
11/03/06 HUMBER N/O RANCHO CALIFORNIA ROAD REMOVED 14 S.P. OF GRAFFITI
11/03/06 CERVANTES AT WINCHESTER REMOVED 7 S.F. OF GRAFFITI
11/3/06 MARGARITA NIO WINCHESTER REMOVED 380 S.P. OF GRAFFITI
11/06/06 BUTTERFIELD STAGE ROAD AT TEMECULA CREEK REMOVED 15 S.F. OF GRAFFITI
11/06/06 MARGARITA AT SANTA GERTRUDIS CREEK REMOVED 56 S.F. OF GRAFFITI
11/06/06 1-15 FWY AT HWY 79 SO. REMOVED 275 S.F. OF GRAFFITI
11/06/06 RANCHO CALIFORNIA ROAD AT 1-15 FWY REMOVED 18 S.F. OF GRAFFITI
11/07/06 27911 JEFFERSON REMOVED 15 S.F. OF GRAFFITI
11/07/06 DATE AT LAKEVIEW REMOVED 14 S.P. OF GRAFFITI
11/07/06 AGENA AT SOUTHERN CROSS REMOVED 110 S.P. OF GRAFFITI
11/09/06 RANCHO CALIFORNIA ROAD AT MARGARITA REMOVED 52 S.F. OF GRAFFITI
11/13106 RANCHO VISTA W/O CAMINO ROMO REMOVED 40 S.F. OF GRAFFITI
11/13/06 RANCHO VISTA EIO MIRA LOMA REMOVED 12 S.P. OF GRAFFITI
11/13/06 PUJOL AT 1 ST STREET REMOVED 22 S.P. OF GRAFFITI
11/13/06 28566 PUJOL REMOVED 150 S.F. OF GRAFFITI
,
11/13/06 28639 PUJOL REMOVED 64 S.P. OF GRAFFITI
R:\MAINT AIN\WKCMPLTD\GRAFFITI\06.07
.. ~ ;is~.rriiG). r;;l'l;lllwilrg';; !i)lYG0y;;Sj'Gj0)0xii0';;' 000','iXi'0'~i ,'SSG
11/13106 WINCHESTER AT RUSTIC GLEN REMOVED 206 S.F. OF GRAFFITI
11/13/06 1-15 FWY AT HWY 79 SO. REMOVED 76 S.P. OF GRAFFITI
11/13/06 1-15 FWY AT WINCHESTER REMOVED 300 S.F. OF GRAFFITI
11113106 28120 JEFFERSON REMOVED 18 S.F. OF GRAFFITI
11/14/06 CALLE KATERINE REMOVED 250 S.P. OF GRAFFITI
11/14/06 PUJOL SIO MAIN REMOVED 90 S.F. OF GRAFFITI
11/14106 TEMECULA CREEK EIO PECHANGA REMOVED 345 S.F. OF GRAFFITI
11/14/06 ROANOAK AND LONG VALLEY REMOVED 5 S.F. OF GRAFFITI
11/14/06 RANCHO VISTA AT SOUTHERN CROSS REMOVED 50 S.F. OF GRAFFITI
11/15/06 RANCHO VISTA AT WATER WELL REMOVED 110 S.F. OF GRAFFITI
11/16106 RANCHO VISTA AT SOUTHERN CROSS REMOVED 16 S.P. OF GRAFFITI
11116/06 30372 SENELA REMOVED 48 S.F. OF GRAFFITI
11117/06 RANCHO VISTA AT SOUTHERN CROSS REMOVED 16 S.P. OF GRAFFITI
11/17/06 30392 SENELA REMOVED 30 S.P. OF GRAFFITI
11/21/06 MARGARITA BRIDGE AT SANTA GERTRUDIS REMOVED 5,430 S.F. OF GRAFFITI
11/21/06 NICOLAS AT RITA REMOVED 25 S.F. OF GRAFFITI
11/21106 RANCHO CALIFORNIA ROAD AT YUKON REMOVED 360 S.P. OF GRAFFITI
11/22/06 YNEZ AT EMPIRE CREEK REMOVED 413 S.F. OF GRAFFITI
11122/06 NICOLAS AT JOSEPH REMOVED 120 S.P. OF GRAFFITI
11122/06 YNEZ AT YNEZ COURT REMOVED 240 S.F. OF GRAFFITI
11127106 BUTTERFIELD STAGE BRIDGE REMOVED 135 S.F. OF GRAFFITI
11127106 ED OF DE PORTOLA REMOVED 42 S.P. OF GRAFFITI
11/27/06 N. GENERAL KEARNY AT SANTA GERTRUDIS REMOVED 465 S.P. OF GRAFFITI
11/27/06 WINCHESTER AT SANTA GERTRUDIS REMOVED 715 S.P. OF GRAFFITI
11128106 WINCHESTER AT SANTA GERTRUDIS REMOVED 225 S.F. OF GRAFFITI
11/28/06 MARGARITA AT SANTA GERTRUDIS REMOVED 1,925 S.P. OF GRAFFITI
11128106 MIRA LOMA AT EDISON PLANT REMOVED 165 S.F. OF GRAFFITI
11/28/06 A VENIDA DE MISSIONES REMOVED 200 S.P. OF GRAFFITI
R:\MAINT AIMWKCMPL TDlGRAFFlTII06.07
_II ~,; t((i(u%;_M10)'(!!'~i~iff;fi~fff%.!!%ii _~;~J it/it!';';..
11/28/06 30602 COLINA VERDE REMOVED 100 S.P. OF GRAFFITI
11/28/06 SENIOR CENTER 6TH STREET REMOVED 44 S.F. OF GRAFFITI
11/28/06 REDHA WK BRIDGE REMOVED 1,580 S.P. OF GRAFFITI
11/28/06 BUTTERFIELD STAGE BRIDGE REMOVED 990 S.P. OF GRAFFITI
11/29/06 28007 JEFFERSON REMOVED 225 S.F. OF GRAFFITI
REMOVED S.P. OF GRAFFITI
REMOVED S.F. OF GRAFFITI
REMOVED S.F. OF GRAFFITI
REMOVED S.P. OF GRAFFITI
REMOVED S.P. OF GRAFFITI
REMOVED S.F. OF GRAFFITI
REMOVED S.P. OF GRAFFITI
REMOVED S.P. OF GRAFFITI
REMOVED S.F. OF GRAFFITI
REMOVED S.P. OF GRAFFITI
REMOVED S.F. OF GRAFFITI
REMOVED S.F. OF GRAFFITI
REMOVED S.P. OF GRAFFITI
REMOVED S.F. OF GRAFFITI
REMOVED S.F. OF GRAFFITI
REMOVED S.F. OF GRAFFITI
REMOVED S.P. OF GRAFFITI
TOTAL S.F. GRAFFITI REMOVED 16,606
TOTAL LOCATIONS ~
R:\MAiNTAIN\WKCMPLTD\GRAFFlTI\06.Q7
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CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY TREE TRIMMING
MONTH OF NOVEMBER, 2006
12,~{0i2i /i'>_2"'%~?2~!!\r;r~;~ f;!::**,::t':'!~~:2::irc,r </50t,;,.:'i ..'.iC!i;. !i..'..~r0\)
;9\.<>i !i. ><
11/07/06 ELINDA AT PAUBA TRIMMED 6 R.O.W. TREES
11/08/06 DEL REY ROAD TRIMMED 3 R.O.W. TREES
11/14/06 JEDEDIAH SMITH ROAD TRIMMED 3 R.O.W. TREES
.
,
TOTAL R.O.W. TREES TRIMMED ----ll
R:\MAINTAIN\WRKCOMPLTD\TREES\06.07
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY WEED ABATEMENT
MONTH OF NOVEMBER, 2006
11/02/06 TROTS DALE DRIVE
ABATED
900
S.P. R.O.W. WEEDS
11/02/06 CANTER STREET
ABATED
500
S.F. R.O.W. WEEDS
TOTAL S.P. R.O.W. WEEDS ABATED 1,400
R:\MAINT AINIWKCOMPLTD\WEEDS\06_07
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SERVICE ORDER REQUEST LOG
MONTH OF NOVEMBER, 2006
)F-je ).< ..<'.<...U<;i ) '.. '..'.... i>.t..., ...".., ..... +20 ..'.<>)
t.",i).,. ....',.. ..., t;) .....".. DATE WORK
~yi!--!t <it t > ..,...t< ... ) , COMPLETED
> <
11101106 DEER HOLLOW AT PECHANGA P ARKW A Y DEBRIS PICK-UP 11101/06
11/01106 44090 KARlE WAY DEAD TREE 11/01106
11101/06 WINCHESTER AT JEFFERSON DEBRIS PICK-UP 11101/06
11101106 CALLE RESACA DEBRIS PICK-UP 11101/06
11103/06 43496 DODARO DRIVE OIL SPILL 11103/06
11103/06 45536 CLASSIC WAY TREE TRIMMING 11103/06
11106/06 30065 DE PORTOLA TREE ISSUE 11106/06
11106/06 ROSEWOOD COURT POTHOLE 11106106
11106/06 30292 PECHANGA DRIVE STUMP GRIND 11106/06
11108/06 BUTTERNUT DRIVE SNS MISSING 11/08/06
11/13/06 RANCHO VISTA AT CALLE SONORA DEBRIS 11/13/06
11/13/06 1-15 AT HWY 79 SO. DEBRIS 11/13/06
11/13/06 45386 EAGLE CREST LANE STORM DRAIN CLEANING 11/13/06
11113/06 JEDEDIAH SMITH AT YNEZ TREE TRIMMING 11/13/06
11/14/06 29991 CAMINO DEL SOL ACREPAIR 11/14/06
11/14/06 41120 VINTAGE CIRCLE TREE TRIMMING 11114/06
11/15/06 40531 NEW TOWN DRIVE POTHOLE 11/15/06
11115/06 41161 VINTAGE CIRCLE TREE TRIMING 11115/06
11/15/06 42097 VIA PUESTA DEL SOL DEBRIS 11115/06
11/16/06 42097 VIA PUEST A DEL SOL DEBRIS 11/16/06
11/20/06 PUDDING COURT REPLACE R-1 11 120106
11120/06 JEDEDIAH SMITH AT DE PORTOLA TREE TRIMMING 1120/06
11/22/06 30851 DE PORTOLA ROAD TREE TRIMMING 11122/06
11/27/06 41687 TEMEKU DRIVE S.N.S. DOWN 11/27/06
11/30/06 41824 VIA VASQUEZ TREE DOWN 11130/06
R:\:MAINT AIN\WRKCOMPLTDISORS\06.07
? 22\. ....'.'. .. :<c \r)70 .,. < ... .....
.... ....", .......<inp.r.....\........ .\\ ..,\\ < DAl'EWORK
.\.J.{J!;C'U'\". ...... ..... ..,.. .'.\\\,.... .\.!......',.. .....,.\.'. '....... << CQI\1PLEl'ED
11/30/06 32313 CALLE RESACA TREE DOWN 11/30/06
11/30/06 30468 MILKY WAY TREE DOWN 11/30/06
11/30/06 31577 CORTE PACHECO TREE DOWN 11/30/06
--:
,
.
TOTAL SERVICE ORDER REQUESTS 28
R:\MAINTAlN\WRKCOMPLTD\SORS\06.07
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
MONTH OF NOVEMBER, 2006
11/01/06 MARGARITA AT PARK INSTALLED R3-2
ll/02/06 BRIARWOOD AT RUSTIC GLEN REPLACED RI-I
11/02/06 WINCHESTER WIO MARGARITA INSTALLED 3 R2-40
ll/02/06 MARGARITA AT MORAGA REPLACED R4-7, TYPE "K"
11/02/06 VIA NORTE AT CAMINO DEL CIELO INSTALLED R-I-1
11/03/06 MEADOWS AT RANCHO CALIFORNIA ROAD REPLACED R-7, "K" MARKER
ll/06/06 YNEZ ROAD REPLACED R9-7A
11/07/06 VIA DEL CAMPO AT RANCHO VISTA REPLACED S.N.S.
ll/0706 33528 ROSEWOOD REPLACED RI-I
11/07/06 RANCHO WAY REPLACED 2 R-28
ll/08/06 VIA RIO TEMECULA AT A VENIDA DE MISSIONES REPLACED 40MI-3
11/14/06 CAMPANULA WAY REPLACED R4-7, "K" MARKER
ll/16/06 VERDES LANE AT MANCERA INSTALLED R-I
11/17/06 RANCHO VISTA AT MARGARITA REPLACED R9-7A
ll/17/06 LA PAZ AT HWY79 SO. REPLACED R4-7
ll/20106 HWY 79 SO. AT BUTTERFIELD STAGE ROAD REPLACED R7 TYPE "K"
ll/20106 OLD KENT ROAD AT PUDDING COURT REPLACED R-I
ll/21106 P AUBA ROAD EIO MARGARITA INSTALLED 10 R26-81
11/27/06 END OF DE PORTOLA REPLACED 3 END MARKERS
ll/28/06 42610 MORAGA REPLACED R-26
11/28/06 PIO PICO AT MARGARITA REPLACED R-7
TOTAL SIGNS REPLACED -.M
TOTAL SIGNS INSTALLED -.1Q
TOTAL SIGNS REPAIRED 0
R:\MAINTAIN\WKCMPLTD\SIGNSI.06.07
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
STENCILS / STRIPING
MONTH OF NOVEMBER, 2006
--> _1v!eiii~ii;;i11~;;%0m!Y;!;i/_ ,/t
> ii/i.!!, ~{{!W>
11/02/06 AREA #2 REPAINTED 2,889 L.F. RED CURB
11108/06 AREA #2 REPAINTED 28 LEGENDS
11/13/06 YNEZ SIO WINCHESTER REPAINTED 1,062 L.F. RED CURB
11/14/06 MARGARITA SIO WINCHESTER REPAINTED 1,262 L.F. RED CURB
11/15/06 AREA #2 REPAINTED 26 LEGENDS
11/16/06 AREA #2 REPAINTED 1,494 L.F. RED CURB
TOTAL NEW & REPAINTED LEGENDS ---.M
NEW & REPAINTED RED CURB & STRIPING L.F. 6,700
R:\MAINTAIN\WRKCOMPLTD\STRIPING\06.07
TO:
MEMORANDUM
Bill Hughes, Director of Public Works/City Engineer
FROM: $q, Brad Buron, Maintenance Superintendent
DATE:
SUBJECT:
January 8, 2007
Monthly Activity Report - December, 2006
The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel
for the month of December, 2006:
I. SIGNS
II. TREES
A.
B.
C.
Total signs replaced
Total signs installed
Total signs repaired
60
3
58
A.
Total trees trimmed for sight distance and street sweeping concerns
16
III. ASPHALT REPAIRS
A.
B.
Total square feet of A. C. repairs
Total Tons
2,697
45
A.
N. CATCH BASINS
252
Total catch basins cleaned
A.
V. RIGHT-OF-WAY WEED ABATEMENT
1,500
Total square footage for right-of-way abatement
VI. GRAFFITI REMOVAL
A.
B.
Total locations
36
7,037
Total S.F.
VII. STENCILING
A. ----22 New and repainted legends
B. ~ L.F. of new and repainted red curb and striping
R:\MAINTAIN\!vfOACTRPT
Also, City Maintenance staff responded to ....l1... service order requests ranging from weed abatement, tree trinnning,
sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to...1L service order requests
for the month of November, 2006.
The Maintenance Crew has also put in 186 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 December, 2006 was $51,433.00
compared to $42,690.00 for the month of November, 2006.
Account No. 5402
Account No. 5401
Account No. 999-5402
$ 37,165.00
$ 14,268.00
$ - 0-
cc: Dan York, Deputy Director of Public Works
A1i Moghadam, Principal Engineer (Traffic)
Greg Butler, Principal Engineer (Capital Improvements)
Amer Attar, Principal Engineer (Capital Improvements)
J\lrry Alegria, SeniorEngineer (Land Development)
R:\MAINT AIN\MOACTRPT
STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of December, 2006
TOTAL COST
SIZE
Date: 12/07/06
VIA MONTEZUMA LOW FLOW
REMOVAL OF DEBRIS AND SILT FROM LOW
FLOW
#5401
TOTAL COST
$ 14,268.00
Date:
#
TOTAL COST
Date:
#
TOTAL COST
Date:
#
Date: 12/01/06
EAST VALLEJO A T PALMA DRIVE
EAST & WEST SHOULDERS
REPAIRS TO R.O.Ws DUE TO SEVERE WASH-
OUTS
# 5402
TOTAL COST
$ 32,165.00
Date:
#
Date: 12/12/06
CITYWIDE
WEED, DEBRIS & TRASH REMOVAL FROM CITY
R.O.Ws
# 5402
TOTAL COST
$ 5,000.00
Date:
#
TOTAL COST
TOTAL COST ACCOUNT #5401
TOTAL COST ACCOUNT #5402
TOTAL COST ACCOUNT #99-5402
$ 14,268.00
$ 37,165.00
-0-
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CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
ASPHALT (POTHOLES) REPAIRS
MONTH OF DECEMBER, 2006
;;;y~ III i~ii~ii U_ Uis>i>}i:;s;>ii .ii>; Fie; 1;~I~II~~II'iJiW~ ~>ii;~~I,i0~ei 1;;iPRx,,,e
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12/06/06 VIA RAMI AT AMARIT A WAY R&R A.c. 252 7
12/11/06 PAUBA AT CALLE CEDRAL .. R&R A.c. 632 14
12/12/06 PAUBA AT CALLE CEDRAL A.C. OVERLAY 632 5
12/13/06 AMARlT A AT VIA CEJA R&R A.C. 485 10
12/18/06 PECHANGA PARKWAY A.C. OVERLAY 208 3
12/19/06 VALLEJO AT PALMA DRIVE A.c. BERM 110 3.5
12/20/06 E. VALLEJO AT PALMA DRIVE A,.C. OVERLAY 378 . 2.5
,.
TOTAL S.F. OF REPAIRS 2,697
, TOTAL TONS ~
R:\MAINTAINIWKCMPLTD\ASPHALT.REPAlR\06.07
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
CATCH BASIN MAINTENANCE
MONTH OF DECEMBER, 2006
_if iiS'Jet!iii!,i!<:!/; X;"';fiYi/~ _I; ~ i<i
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12/04/06 CITYWIDE CLEANED & CHECKED 19 CATCH BASINS
10/05106 AREA #2 CLEANED & CHECKED 30 CATCH BASINS
12/11/06 CITYWIDE CLEANED & CHECKED 14 CATCH BASINS
12/13/06 AREA #1 CLEANED & CHECKED 11 CATCH BASINS
12/14/06 AREA #1 CLEANED & CHECKED 38 CATCH BASINS
12/15106 RANCHO VISTA AT SOUTHERN CROSS CLEANED & CHECKED 4 CATCH BASINS
12/18/06 CITYWIDE CLEANED & CHECKED. 20 CATCH BASINS
12/19/06 AREAS #1 - #5 CLEANED & CHECKED 23 CATCH BASINS
12/20/06 AREA #2 CLEANED & CHECKED 28 CATCH BASINS
12/21/06 AREA #3 CLEANED & CHECKED 7 CATCH BASINS
12/26/06 CITYWIDE CLEANED & CHECKED 23 CATCH BASINS
12/27/06 AREA #1 CLEANED & CHECKED 7 CATCH BASINS
12/28/06 CITYWIDE CLEANED & CHECKED 28 CATCH BASINS
/
TOTAL CATCH BASINS CLEANED & CHECKED 252
R:\MAINTAIN\WKCMPLETD\CATCHDAS\06.07\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAFFITI REMOVAL
""'
MONTH OF DECEMBER, 2006
12/04/06 PUJOL AT 1 ST STREET REMOVED 8 S.P. OF GRAFFITI
12/04/06 A VENIDA DE MISSIONES REMOVED 155 S.P. OF GRAFFITI
12/04/06 TARGET CENTER REMOVED 285 S.F. OF GRAFFITI
12/04/06 NO. GENERAL KEARNY AT SANTA GERTRUDIS REMOVED 150 S.P. OF GRAFFITI
12/04/06 YANKEE RUN REMOVED 60 S.F. OF GRAFFITI
12/04/06 MARGARITA AT WINCHESTER REMOVED 315 S.F. OF GRAFFITI
12/05106 MARGARITA BRIDGE AT SANTA GERTRUDIS REMOVED 1,840 S.F. OF GRAFFITI
12/08/06 DEL RIO BRIDGE REMOVED 125 S.F. OF GRAFFITI
12/08/06 32061 CORTEFLORECITA REMOVED 12 S.P. OF GRAFFITI
12/11/06 28701 PUJOL REMOVED 12 S.P. OF GRAFFITI
12/11/06 A VENIDA DE MISSIONES REMOVED 190 S.P. OF GRAFFITI
12/11/06 WINCHESTER AT SANTA GERTRUDIS REMOVED 70 S.P. OF GRAFFITI
12/11/06 41805 RYCREST REMOVED 60 S.P. OF GRAFFITI
12/11/06 SOLANA AT RYCREST REMOVED 30 S.P. OF GRAFFITI
12/11/06 DEL RIO BRIDGE REMOVED 110 S.F. OF GRAFFITI
12/11/06 MARHILL CIRCLE AT DAWN CREST REMOVED 15 S.P. OF GRAFFITI
12/12/06 1-15 FWY AT RANCHO CALIFORNIA ROAD REMOVED 10 S.F. OF GRAFFITI
12/12/06 DE PORTOLA AT PARK REMOVED 30 S.P. OF GRAFFITI
12/18/06 WALCOTT AT KLARER REMOVED 15 S.F. OF GRAFFITI
12/18/06 NUNEZ AT FELICITY REMOVED 40 S.P. OF GRAFFITI
12/18/06 BUTTERFIELD STAGE BRIDGE REMOVED 1,071 S.F. OF GRAFFITI
12/18/06 A VENIDA DE M ISSIONES REMOVED 250 S.P. OF GRAFFITI
12/18/06 RANCHO CALIFORNIA ROAD AT MORAGA REMOVED 75 S.P. OF GRAFFITI
R;\MAINT AINlWKCMPLTDlGRAFFlT1\06.07
12/18/06 42161 CAMINO ROMO REMOVED 50 S.F. OF GRAFFITI
.
12/19/06 RITA WAY AT SOUTHGATE WAY REMOVED 20 S.F. OF GRAFFITI
12/20/06 TARGET CENTER REMOVED 365 S.F. OF GRAFFITI
12121/06 28046 DEL RIO REMOVED 195 S.F. OF GRAFFITI
12/26/06 PECHANGA BRIDGE REMOVED 800 S.F. OF GRAFFITI
12/26/06 A VENIDA DE MISSIONES REMOVED 122 S.F. OF GRAFFITI
12/26/06 WINCHESTER AT SANTA GERTRUDIS , REMOVED 150 S.P. OF GRAFFITI
12/27/06 DE PORTOLA AT VIA SABINO REMOVED 142 S.F. OF GRAFFITI
12/27/06 DE PORTOLA AT BUTTERFIELD REMOVED 42 S.F. OF GRAFFITI
12/27106 PECHANGA AT LOMA LINDA REMOVED 20 S.F. OF GRAFFITI
12/27/06 TEMEKU HILLS REMOVED 40 S.F. OF GRAFFITI
,
12/27/06 PEACH TREE AT VINE REMOVED 92 S.P. OF GRAFFITI
12/27/06 28046 DEL RIO REMOVED 72 S.F. OF GRAFFITI
.
,
TOTAL S.P. GRAFFITI REMOVED 7.037
TOTAL LOCATIONS 36
,
R:\MAINTAIN\WKCMPLTD\GRAFFITl\06.07
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CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY TREE TRIMMING
MONTH OF DECEMBER, 2006
12/04/06 PAUBAATYNEZ
TRIMMED
2 R.O.W. TREES
12/06106 OLD TOWN
12/11/06 SPRINGTIME AT QUAIL CREEK
12/20106 DIAZ SOUTH OF DENDY
12/21106 RANCHO CALIFORNIA ROAD AT MORAGA
TRIMMED
4 R.O.W. TREES
TRIMMED
2 R.O.W. TREES
TRIMMED
4 R.O.W. TREES
TRIMMED
4 R.O.W. TREES
TOTAL R.O.W. TREES TRIMMED -1.!i
R:\MAINTAlN\WRKCO:MPLTD\TREESI06.07
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY WEED ABATEMENT
MONTH OF DECEMBER, 2006
12/20/06 DEER HOLLOW
ABATED
1,500
S.F. R.O.W. WEEDS
TOTAL S.F. R.O.W. WEEDS ABATED 1,500
R:\MAINTAJN\WKCOMPLTD\WEED$\06-07
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SERVICE ORDER REQUEST LOG
MONTH OF DECEMBER, 2006
< i...,... ..,'..' ".., <<<<'i< .' '.. .. ...< " .. ...,
Ii <.i<ii"'<i<<<<<<.,'iii~~I~.....<L<...... i'~l<<i .<(<i......,..,... ........<. . .... <<.;", t ~.4T~"\yORK
.~~SX. IX 1'<... Xi" .t< 00MJ>LETED
12/01/06 41934 3RD STREET DEBRIS 12101/06
12/01/06 31195 SARO COURT OIL IN STREET 12101/06
121/04/06 TOWN CENTER AT RANCHO CALIFORNIA ROAD SIGN DOWN 12104106
12104/06 CAMPO ROJO . SIGN DOWN 12104/06
12106/06 VIA ALMAZON AT REDHA WK PARKWAY SIGN DOWN 12/06106
12106/06 KINGSTON DRIVE AT PEMBROOK LANE WRONG S.N.S. 12106/06
12106/06 YNEZ AT COSTCO SINKHOLE 12106/06
12106/06 31577 CORTE PACHECO TREE TRIMMING 12106/06
12/08/06 40545 LA CADENA STREET TREE DOWN 12/08/06
12/08106 MARGARITA AT MORAGA POTHOLE 12108/06
12/08106 32361 CALLERESACA TREE TRIMMING 12108/06
12/11/06 30660 MILKY WAY BROKEN SPRINKLERS 12/11/06
12/12106 27270 NICOLAS ROAD RAISED A.C. 12/12/06
12/12/06 27270 NICOLAS ROAD WATER IN STREET 12/12/06
12/12/06 27270 NICOLAS ROAD A.c. CONCERN 12/12/06
12/12106 41811 CAMINO DE LA TORRE DEBRIS REMOVAL 12/12106
12/12/06 P ASEO GALLANTE TREE LEANING 12/12106
12/12/06 39728 RUSTIC GLEN DRIVE ROOT PRUNING 12/12/06
12/13/06 45763 CORTE RODRIGO DEAD TREE 12/13/06
12113/06 MURRIETA CREEK WEED SPRAYING 12/13/06
12/13/06 30260 SANTIAGO ROAD REQUEST SIGNS 12/13/06
"
12/13/06 41929 SHOREWOOD STORM DRAIN DEBRIS 12/13/06
12/14/06 30482 SPICA COURT STORM DRAIN CLEANING 12/14/06
12/14/06 45704 MASTERS DRIVE STREET REPAIR 12/14106
12/14/06 30512 BAY HILL DRIVE TREE REPLACEMENT 12/14/06 I
, I
R:\MAINTAIN\WRKCOMPLTD\SORSI06.07
Ic...,'.c.......cc..... @)))'.~ii.).)j:\Y).i:)))..iii:...lli~:j.0)f')):i <j:l:1.II)j...'..,.......i...'.: ..: .,...,<'\ ..
1\ "'.i' ....)).. ';;\\..),:0)))i... :\ ,\ ~?'
SiJ.J< :...i.............c ....,....;........ <:.\....... ..... .....'
12/15/06 RIO NEDO TREE TRIMMING 12/15106
12/15/06 MARGARITA SIB POTHOLE 12/15/06
12/18/06 43110 CORTE LANDEROS COURT S.N.S. MISSING 12/18/06
12/18/06 32165 SIERRA BONITA A.C. REPAIR 12/18/06
12/20/06 32898 STONEFIELD LANE ROOT PRUNE 12/20/06
12/20106 32061 CALLE MARQUIS TREE REMOVAL 12/20/06
12/20/06 39935 SWEET BRIAR CIRCLE S.N.S. DOWN 12/20/06
12/20/06 41463 ASBURN ROAD CATCH BASIN REPAIR 12/20106
12/21/06 BUTTERNUT AT BUCKEYE S.N.S. MISSING 12/21/06
12/21/06 FRONT STREET AT SANTIAGO CATCH BASIN REPAIR 12/21/06
12/22/06 CHEMIN CHEVALIER SNS REPAIR 12/22/06
12/27/06 LIEFER ROAD ROAD GRADING 12/27/06
TOTAL SERVICE ORDER REQUESTS 37
,
R:\MAINTAIN\WRKCOMPLTDISORS\06.07
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
"
MONTH OF DECEMBER, 2006
12104/06 RANCHO CALIFORNIA ROAD AT TOWN CENTER REPLACED R26-B
12105/06 RIVERTON AT ENFIELD REPLACED Rl.l
12/05/06 CALLE MEDUSA AT WELLINGTON REPLACED Rl-l
12105/06 RAINBOW CREEK AT SPRINGTIME REPLACED S.N.S.
12106/06 BUTTERFIELD STAGE AT HWY 79 REPLACED R7
12106/06 REDHA WK AT WOLF VALLEY REPLACED R4-7 TYPE K
12106/06 REDHA WK AT VIA SALTIO REPLACED R4-7 TYPE K
12106/06 SOLANA EIO YNEZ REPLACED R26
12108/06 RANCHO CALIFORNIA ROAD BRIDGE INSTALL R9-3A
12108/06 VIA EL GRECO AT RANCHO VISTA REPLACE R-1
12/11/06 42200 MAIN STREET REPLACE DELINEATOR
12/11/06 VAIL RANCH AT JOHNSTON REPLACE R4-7
12/11/06 RANCHO CALIFORNIA ROAD AT CALLE TAJO REPLACE R4-7
12/11/06 CITYWIDE REPAIRED 12 SIGNS
12/11/06 27073 RAINBOW CREEK DRIVE REPLACED R2-25
12/12/06 MEADOWS AT RANCHO VISTA REPLACED R2-45
12/12/06 DE PORTOLA AT LA PAZ REPLACED R-26
12/13/06 RANCHO VISTA AT MARGARITA REPLACED W3-3
12/13/06 PAUBA AT MARGARITA REPLACED R2-45
12/13/06 P AUBA AT LA PRIMAVERA REPLACED R4-1
12/13/06 MIRA LOMA AT RANCHO VISTA REPLACED R4-7
12/14/06 VIA ALMAZAN AT REDHA WK INSTALLED R1-1,S.N.S.
12/15/06 WINCHESTER AT DENDY REPLACE WI-6, TYPE "N"
R:\MAINTAIN\WKCMPLTD\SIGNS\.06.07
12/18/06 NICOLAS AT CALLE GIRASOL REPLACE OM-3R
12/18/06 REDHAWKPARKWAY AT PARK REPLACE DELINEATOR
12/19/06 DENDY AT WINCHESTER REPLACE WI-6,OMI-3
4R-26, R1-1, R81-A, OMI-3, 2 R2-40,
12/19/06 AREA #1 (WEST OF I-IS FWY) REPLACE 3 CARSONITES
12/20106 PAUBA AT BRIGHTON RIDGE REPLACE S.N.S.
12/20/06 BUCKEYE AT BUTTERNUT REPLACE S.N.S.
12/20/06 GREEN TREE AT VIA TELESIO REPLACE S.N.S.
12/20/06 MARGARITA AT DE PORTOLA REPLACE W3-3
12/20106 DIAZ NIO RANCHO CALIFORNIA ROAD REPLACE WI-6, OMI-3, 6 R28
12/21/06 CITYWIDE (S/O RANCHO CALIFORNIA ROAD) REPAIRED 28 SIGNS
12/21/06 CITYWIDE (NIO RANCHO CALIFORNIA ROAD) REPAIRED 12 SIGNS
12/26106 RANCHO CALIFORNIA ROAD EIO YNEZ REPLACED R2-40
12/26/06 RANCHO CALIFORNIA ROAD EIO MORAGA REPLACED R2-50
12/26106 RANCHO CALIFORNIA ROAD EIO MEADOWS ,REPLACED R-26A
12/26106 CITYWIDE REPAIRED 6 SIGNS
12/26106 CALLE MEDUSA AT RIVERTON REPLACED W-3-1
12/26/06 CALLE MEDUSA AT NICOLAS REPLACED 2 CARSONITES
12/26106 CALLE MEDUSA AT CALLE KATERINE REPLACED W-3-1, R2-25
12/28/06 DEER HOLLOW AT PEPPERCORN REPLACED W-3-3
TOTAL SIGNS REPLACED --.&Q
TOTAL SIGNS INSTALLED ----1
TOTAL SIGNS REPAIRED 58
R:\MAINT AIN\WKCMPLTD\SIGNSI.06.07
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
STENCILS / STRIPING
MONTH OF DECEMBER, 2006
12/04/06 AREA #1
12/05/06 AREA #1
12/06/06 AREA #1
REPAINTED
24 LEGENDS
REPAINTED
11 LEGENDS
REPAINTED
22 LEGENDS
12/11/06 WINCHESTER ROAD
REPAINTED
20 LEGENDS
12/12/06 WINCHESTER ROAD
12/13/06 HWY 79 SO.
REPAINTED
17 LEGENDS
REPAINTED
5 LEGENDS
TOTAL NEW & REPAINTED LEGENDS -.22
NEW & REPAINTED RED CURB & STRIPING L.F. ---.!!
R:\MAINTAlN\WRKCOMPLTD\STRlPmm06.07
CAPITAL IMPROVEMENT PROJECTS
Monthly Activity Report
December 2006 I January 2007
Prepared By: Amer Attar
Submitted by: William G. Hughes
Date: January 23, 2007
PROJECTS UNDER CONSTRUCTION
1. Fire Station - Northeast Site (Roripaugh Ranch)
This project will construct a new fire station in the north part of the City. As of April 2006, the
majority of work was completed. Nine to 12 months or longer is estimated before the Roripaugh
Ranch developer (Ashby USA) can provide access and utilities to the site. Once access and utilities
are available, the Contractor will remobilize and complete all utility connections and building start up
procedures as well as install a fire engineltruck venting system (requested/added by Fire Staff on
2/06).
2. Patricia H. Birdsall Sports Park
A new 40+ Acres sports complex has been built at the corner of Pechanga Parkway and Deer
Hollow Way. Bids were opened on 9/16/04, with Douglas E. Barnhart, Inc. submitting the low bid of
$13,365,055.51. The grand opening for the sports park was held on 12/2/06; the project is
substantially complete. The only remaining work includes punch list corrections. Work on kitchen
improvements in the Concessions Building under a separate contract began the week of 12/11/06,
and is expected to be complete in 2 months.
3. Patricia H. Birdsall Sports Park Synthetic Turf
As part of the sports park project, a separate contract, awarded to Byron-Davey, installed synthetic
turf on four fields, three soccer fields and a championship soccer field that includes football overlay.
Work on the synthetic turf soccer fields is complete and slated for acceptance at the Council
meeting on February 13,2007.
4. Temecula Library
A full service library, approximately 34,000 square feet in area, has been built on Pauba Road, just
west of Fire Station #84. The City was successful in obtaining State grant to aid in funding the
library. The Library grand opening was held on December 14, 2006. A punch list has been
generated and work on the punch list items began on 12/18/06.
5. Pauba Road Improvements - Phase II (Margarita Road to Showalter Road)
This project widened Pauba Road from Showalter to just west of Margarita Road to its ultimate
width. Bids were opened on 01/09106 with Grade Pros Inc. DBA McKenna submitting the low bid of
$1,367,663.15. Construction began on 02/27/06 and is now complete, only project closeout
paperwork remains.
6. Temecula Education Center- Rough Grading
This project will provide for the grading of the proposed Temecula Education Center. Project was
awarded on 4/11/06. Construction started on 5/1/0; finish grading and the placement of surcharge
material is complete. Yeager demobilized grading operations the week of July 10, settlement
monitoring monuments are installed are being routinely checked. CCO#1 to relocatelmodify all
impacted utilities along Diaz Road adjacent to the project was approved by the RDA Board on
10/10106. Yeager and their subcontractor W.A. Rasic have begun relocating the EMWD sewer line
in Diaz Road. Diaz Rd. cannot be brought up to grade andlor surcharged until the utilities are
relocated. Additionally temporary drainage of the RCWD property has been revised and
reviewedlapproved by RCWD. Staff is in the process of getting a quote for this additional work
through Yeager.
7. State Route 79 South Medians
Under this project raised medians have been constructed on Route 79 South within the Temecula
City limits. The contractor started work the week of 5/22/06 and is finishing up the landscaping and
irrigation work in the final segment from Jedediah Smith Road to Margarita Road. The project is
expected to be complete by the end of January.
8. Traffic Signal Installations - Jefferson Ave. at Sanborn Ave. & Redhawk Parkway at
Overland TraillPaseo Parallon
Under this project, two new traffic signals have been installed; one at Jefferson Avenue and
Sanborn and another at Redhawk Parkway and Overland TraillPaseo Parallon. The contract was
awarded to HMS Construction on 6/27/06 and signal poles were immediately ordered. Traffic signal
poles arrived in late September. After resolving electrical service conflicts with SCE the Jeffersonl
Sanborn signal was turned on Thursday, January 4'h Barring weather delays, the Redhawk
Pkwy/Overland Trail Signal is scheduled for turn on late January 2007.
9. City Field Operations Center (Maintenance Facility and Corporate Yard) - Phase 2
This project will construct the second phase of the City's Field Operation Center, which includes the
building and the corporate yard. The project was awarded on July 25, 2006, a preconstruction
meeting was held on 8-10-06 and the Notice to Proceed was issued effective 8-11-06. Perimeter
Site walls and material bays are complete. The structural steel for the wash bays, covered
equipment parking and covered storage areas is complete. The building foundations, underground
utilities, and concrete stem walls are complete. Fabrication of building structural steel is in progress
and will be erected late Januarylearly February 2007.
10. Rancho Vista Road Sidewalk
This project constructed a new sidewalk along the south side of Rancho Vista Road between Ynez
Road and Mira Loma Drive (east). The contract was awarded 06/27106, with construction
commencing on 08/21/06. All work, including punch-list corrections, is complete. Council
acceptance of project is anticipated in February 2007.
11. Erie Stanley Gardner Exhibit
This project created an exhibit for the famous author. Bids were opened on 08/01/06 and the
contract was awarded on 09/12/06. Construction began on 11/27106 and was completed on
01/08/07. Project close out and acceptance are slated for February 2007.
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PROJECTS BEING ADVERTISED FOR BIDS
1. Diaz Road Realignment to Vincent Moraga
Under this project, Diaz Road will be realigned starting just south of Rancho Way to Vincent Moraga
Road at Rancho California Road. Business Park Drive will be aT-intersection at Diaz. Bids for this
project were opened on December 4th, 2006. Staff is recommending award of construction to City
Council on January 23, 2007.
2. Rancho California Road Widening, Old Town Front Street to 1-15 (Southside)
This project will construct an additional eastbound lane to provide for a right turn lane to
southbound 1-15, as well as modify the existing median to accommodate dual left turn lanes from
westbound Rancho California Road to southbound Old Town Front Street. Caltrans has issued
the encroachment permit for the portion of the work within the State right-of-way. The public
bidding process is underway with a bid opening scheduled for 1/29/07 @ 9:00 a.m.
PROJECTS IN DESIGN
1. Pechanga Parkway Improvements - Phase II (SR 79 South to Pechanga Road)
This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the
Pechanga Parkway Bridge to Pechanga road. The City and Caltrans met with FHWA the week of
12/11/06 to review the FHWA's 11/3/06 comments on the Environmental Document (ED), which was
submitted 9127/06. The FHWA provided the desired responses to each comment. The revised ED,
responses to all FHWA comments was submitted to Caltrans on 12/22/06. The FHWA indicated
that the EDwill be approved in January 2007. Once FHWA approves the ED, the City can begin the
final right-of-way acquisition phase and submit the PSE Package to Caltrans for their approval.
Once a letter of Authorization for construction is issued by Caltrans, the public bidding process may
start.
2. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road
This project includes studying alignments, design and construction of an extension of Overland
Drive, westerly to Diaz Road, including a new bridge over Murrieta Creek. The design is being
coordinated with the planned Murrieta Creek improvements overseen by Riverside County Flood
Control (RCFC) and the Army Corp of Engineers (ACOE). The design consultant's 60% plans have
been routed to the appropriate City departments, RCFC & ACOE, and the local utility agencies for
review and comment. Comments are being complied and will be returned to the consultant.
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3. Fire Station - Wolf Creek Site
A new 3-bayheavy urban fire station will be built at the SE corner of Wolf Valley Rd & Wolf Creek Dr
South. A $3,591 ,000 construction contract was awarded to RC Construction awarded 7/25/06. A
notice to proceed for this 260 workday contract was issued 8/15/06. I nstallation of underground
utilities, the Dresden steel framing and on-site utilities has been completed. Interior rough-ins for
metal stud framing, HVAC, electrical, plumbing and CMU work continue as well as roofing.
Submittals and RFI continue to be processed. The perimeter CMU wall on SE side will be
constructed by the adjacent developer, Woodside Homes.
4. Murrieta Creek Multi Purpose Trail
This project will build equestrian and bike trails along Murrieta Creek between Rancho California
Road and Diaz Road. The project is funded in part by a $1,214,000 federal grant. All necessary
approvals to advertise the project have been obtained and Council has authorized the solicitation of
construction bids. The City submitted an encroachment permit application to Riverside County
Flood Control District (RCFC) Dec. 13,2006. Once the RCFC encroachment permit is in hand and
the bid process can begin.
5. Main Street Bridge Over Murrieta Creek (Replacement)
This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant
Simon Wong Engineering (SWE) and the City are continuing to pursue environmental permitting
and coordination issues associated with pursuing the bridge replacement as a stand alone project
separate from the Corps of Engineer's channel improvement project. SWE submitted a requested
amendment their original design contract in light of these additional efforts; additional funding will be
required to cover this extra work. The City was notified that anticipated Federal funding for this
project was programmed for Federal Fiscal Year 201 0/2011, which could have serious ramifications
to the project. Alternatives to the FFY programming decision are being explored.
6. Diaz Road Extension to Cherry Street
This project was previously "On-hold'" pending data from Riverside County Flood Control. With the
construction of the proposed Education Center, this project has become developer driven. Plans
have been routed to various utilities for identification of possible conflicts and to Riverside Flood
Control and Army Corp of Engineers for verification that the proposed roadway is in conformance
with the proposed detention basin within Murrieta Creek.
7. Santa Gertrudis Bicyclel Trail Undercrossing at Margarita Road
This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek under
Margarita Road. The design consultant is finalizing environmental and Riverside County Flood
Control permits. This project cannot be constructed until adequate funds are identified. An
application was submitted for State Bicycle Transportation Account (BTA) funds on 12/1/06.
8. Western Bypass Corridor Alignment Study
This project will complete an alignment study for the Western Bypass Corridor. The City's design
Consultant, URS, has completed the preliminary work and identified potential alignments. Staff is
reviewing the preliminary alignments and comparing those to private developments along the
corridor to insure compatibility.
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9. Western Bypass Bridge Over Murrieta Creek
This project involves the design and construction of a new bridge over Murrieta Creek at the
westerly terminus of R-79S and an extension of Pujol Street to the new structure. Once constructed,
this will serve as the southerly connection of the Western Bypass Corridor. The kickoff meeting was
held on July 26. Phase 1 work, including updating bridge general plan and roadway geometries,
securing entry permits for geological investigations (USACE, CDFG, MWD), conducting biological
surveys, and initial hydraulic modeling is complete. Further design progress for this City project is
on hold pending commitments from local developers to complete the alignment study, design and
construction of the crossing that will better suit the needs of the adjacent development.
10. Redhawk Park Improvements, Four Sites
This project will add amenities to four park sites in the recently annexed Redhawk area. RJM is
currently working on master plans for the four different park sites. Two public workshops were held
to get input from the community. The last one was on August 3, 2006. RJM is currently working to
refine the master plans incorporating the community input. A dog park is planned for one of the park
sites.
11. Old Town Infrastructure Projects - Site Demolition and Site Prep
This project involves demolishing the existing non-historic structures on the City owned parcels at
the intersection Main and Mercedes to make way for the Main Street Realignment and the Old Town
Parking Structure. RBF, the City's design consultant, has completed the base maps forthe project
and are coordinating their work with NMR, the project Architects. Design efforts will be ongoing for
the next several months.
12. Old Town Infrastructure Projects - Underground Utility District
This project will effectively underground all overhead utility lines along Old Town Front Street,
between 2,d and 6'h streets, all of Main Street east of Murrieta Creek and Mercedes Street between
2,d and 6'h streets. The City Council approved the resolution forming the underground utility district
on October 10, 2006. SCE is designing their underground systems, which will be followed by design
of CA TV & Telephone UG systems. 60% street improvement plans will be forwarded to the utilities
for their review in late January 2007.
13. Old Town Infrastructure Projects - Street Improvements, Mercedes St (2nd - 6th) & the
Realignment of Main St.
This project will improve Mercedes Street and realign Main Street as part of phase 1 of the Old
Town Civic Center project. RBF, the City's design consultant, has submitted 60% plans, which are
now under City review. The design process will be ongoing for the next several months.
14. Old Town Infrastructure Projects - Parking Structure & Office/Retail frontage
This project will construct a parking structure, including office and retail frontage as part of phase 1
of Old Town Civic Center project. Design architect, NMR, will finalize the architectural scheme and
connection points to the surrounding civic center and the design effort for the parking structure will
commence in earnest. Current work includes fine tuning the foot print & layout to ensure that the
required number of spaces is provided. Architectural schemes are scheduled to be submitted in late
January 2007.
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15. Old Town Infrastructure Projects - Civic Plaza
Under this project, the plaza area for phase 1 of the Civic Center will be constructed. NMR, the City's
design consultant, is awaiting design information from RBF the designer of the Main Street
Realignment project. Once this data is in hand, the design of the plaza area will move forward.
60% street improvement plans, submitted in mid January 2007, will be forwarded to NMR by month
end.
16. De Portola Road Pavement Rehabilitation Project (from Jedediah Smith to Margarita)
This federally funded project includes rehabilitating De Portola Road from Jedediah Smith Road to
Margarita Road. On Nov 14, 2006 CC awarded the design contract to GFB-Friedrich (GFB). GFB is
preparing base maps, and coordinating with the geotechnical consultant. The Caltrans PES
SubmittallApplication was forwarded to Caltrans late in 2006, no word
17.79 South to Pechanga Parkway - Dual Right Turn Lanes
This project includes the design and construction of two dedicated right turn lanes on eastbound 79
South to southbound Pechanga Parkway. The design will involve the minor widening of 79 South
and relocation of a couple of traffic signal poles. Staff intends to utilize the annual on-call
engineering consultant for this design.
18. Santiago Detention Basin
This project includes the design and construction of a desilting basin on the south side of Santiago
Road between Vallejo Avenue and John Warner Road. Responses to the RFP sentto various civil
engineering firms in December 2006 are being reviewed. A consultant will be selected in January
2007 to begin the design of this project.
19. 79 South Park & Ride
This project will design and construct a park and ride facility on 79 South at La Paz. A draft design
RFP has been prepared and is being reviewed.
20. Localized Storm Drain Improvements
This project will fix the drainage problem at the south end of Front Street (at the MWD easement).
Baseline right of way, utilities, and mapping are established. This project is currently on hold.
21. Long Canyon Detention Basin - Access Road
This project will construct an access road to the Long Canyon Detention Basin. Plans and
specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited
within the basin before constructing the access road. Project is on hold until FEMAdetermination
is finalized.
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22. Bridge Fencing Enhancement
This portion of the project will provide Architectural Enhancements to the recently constructed
fencing at the Overland Drive and Rancho California Road bridges over Interstate 15. An
Encroachment Permit Application was submitted to Caltrans on 09/07/06 and comments were
received on 11/06106. The resubmittal to Caltrans was completed on 11/30106. Additional Caltrans
comments received late December 2006 have been addressed. Caltrans is requiring a letter of
commitment to maintain the enhancement prior to issuing an encroachment permit. The requisite
letter is being drafted for City Attorney review.
23. PedestrianlBicycle Bridge Over Santa Gertrudis Creek
This federally funded project includes the design and construction of an approximately 200' pedlbike
bridge over Santa Gertrudis Creek near Chaparral H.S. The City received a report in May 2006
identifying alternate bridge alignments, costs & recommendations. Staff evaluated & routed the
report to RCWD requesting an easement across an unused RCWD property. RCWD offered their
affected parcel to the City pending RCWD Board of Director's approval. Upon a City request for a
title report and phase 1 site assessment, RCWD staff recanted the offer and now wish to sell the
City the parcel at cost. City staff forwarded a letter re-requesting an easement as the City is not
interested in purchasing the property at cost. Negotiations with RCWD on acquiring this parcel or an
easement continue. RCWD's board will review the matter at the 1/31/07 meeting.
24. Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond
This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution
Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the RWQCB by
desilting the channel & pond located near the Sports Park. A US Army Corps of Engineers
Nationwide Permit application has been submitted and communication with the Department of Fish
& Game is continuing. City Council authorized the Professional Services Agreement with BonTerra
Consulting on 11/14/06 and the kick off meeting was held on 12106/06. Bonterra has initiated the
environmental clearance process.
25. Winchester Road/79-North Corridor Beautification
This federally funded project will design and construct landscaping and irrigation enhancements to
the existing raised medians along Winchester Road between Ynez Road and the easterly City limit.
Staff has reviewed the responses to an RFP issued for the necessary design services. The top two
design consultants were interviewed the week of 1/8/07. Contract negotiations with the most
qualified consultant should be completed by the end of January 200.
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PROJECTS IN THE PLANNING STAGE
1. 1-151 SR 79 South Interchange - Project Report (PR)
This project will modify the 1-151 SR 79 South Interchange to accommodate projected future traffic.
This is the next step of project development after the completion of the Project Study Report.
City continued development of design geometries and environmental technical studies. Status is as
follows:
y Draft Project Report - 5th Submittal is being prepared.
y Advisory Design Exceptions - Approved 10/18/06.
y Mandatory Design Exceptions - Approved 10/20106.
y Stormwater Data Report - 4th submittal is to coincide with final PR Submittal.
y Traffic Study - Approved 09/11/06.
y Modified Access Report - 3rd Submittal is being prepared.
y Geometric Approval Drawings - Under development.
y Initial Study Assessment - Approved.
y Acoustic Evaluation - Approved.
y Air Quality Assessment - Approved PM1 0 and PM2.5.
y Nat Environmental Study - Approved.
y Cultural Studies - 3rd Submittal is being prepared.
y Environmental Document - 1 st Submittal is under Caltrans review.
2. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans
Specifications, and Estimate (PS&E) Preparation
This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215
split. The project is moving through the Caltrans process. Current status is as follows:
y Project Report - Approved for circulation.
y Environmental Document - 7th submittal under Caltrans review.
y New Connection Report - 3rd submittal under Caltrans review.
y Stormwater Data Report - Under Caltrans review.
y Mandatory Design Exceptions - Approved 07/18/06.
y Adv Design Exceptions - Approved 07/18/06.
y Exception to Ramp Metering Policy - Approved 07/05/06.
y Geometric Approval Drawings - Approved 07/18/06.
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3. French Valley Parkway Phase 1 - Southbound Off-Ramp to Jefferson, Auxiliary Lane, and
Widening the Bridge over Santa Gertrudis Creek at the Winchester Southbound Off-ramp
A southbound of-Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis
Creek at the Winchester southbound off-ramp are the components of Phase 1. The City and
Caltrans have agreed that immediate action is required to relieve congestion at the Winchester
Road southbound off-ramp. Status is as follows:
y PS&E - Consultant is preparing 90% plans.
y RfW - Establishing dedication and acquisition needs.
y Construction Coop Agreement - 2nd fact sheet is under Caltrans review.
y Declaration of Units - Preparing request for Caltrans review.
y Utilities - Potholing maps are under Caltrans review.
4. 1-15 Sign Replacement - Temecula Parkway Name Addition to Hwy 79S
This project will add the newly adopted name of "Temecula Parkway" to the appropriate freeway
signs. Staff is working with Caltrans to research the as-built information and identify needed sign
modifications and which signs to change.
5. Pavement Rehabilitation - STPL Project
This project will rehabilitate various streets in the City. Staff is reviewing the priority list to determine
which streets will be rehabilitated.
6. Sam Hicks Monument Park Playground Replacement
This project will replace the playground at Sam Hicks Monument Park to comply with new standards.
The funding for this project is through Community Development Block Grant.
7. Auxiliary Lanes on 1-15 in Temecula
A feasibility study will be conducted to determine if auxiliary lanes can be added between on and off-
ramps on 1-15 in Temecula to improve the freeway operation. Staff is gathering information to
prepare the scope of the project.
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