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HomeMy WebLinkAbout042407 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting v.ill enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE APRIL 24, 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 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. 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: 07-04 Resolution: 07-31 CALL TO ORDER: Mayor Chuck Washington Prelude Music: Anthony Savitt and his father, Ron Savitt Invocation: Reverend Larry Kroger of Hope Lutheran Church Flag Salute and Flag Ceremony: Arrow of Light Pack No. 367 ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTA TIONS/PROCLAMA TIONS Arrow of Licht Certificates Proclamation for Teacher Aooreciation Week Sister Citv Presentation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adootion Procedure RECOMMENDATION: 1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution aoorovinc List of Demands RECOMMENDATION: 2 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 Tract Mao No. 33891 (located northwest of Maraarita Road and Dartolo Road) RECOMMENDATION: 3.1 Approve Tract Map NO.33891 in conformance with the Conditions of Approval; 3.2 Approve the Subdivision Improvement Agreement and accept the Bonds as security for the agreement; 3.3 Approve the Subdivision Monument Agreement and accept the Bond as security for the agreement. 4 Acceptance of certain Public Streets into the City-Maintained System within Tract Map No. 29305 (located east of Pechanaa Parkwav and south of Wolf Vallev Road within the Wolf Creek Subdivision) RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 29305) 5 Pavement Rehabilitation - STPL Proiect No. PW06-14 Professional Enaineerina Desian Services Aareement RECOMMENDATION: 5.1 Approve an agreement with Harris and Associates in an amount of $136,764 to provide professional engineering design services for Project No. PW06-14, and authorize the Mayor to execute the agreement; 5.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $13,676, which is equal to 10% of the agreement amount. 6 Support for 2007 Air Qualitv Manaaement Plan (AQMP) - at the reauest of Mavor Washinaton RECOMMENDATION: 3 6.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR THE DEVELOPMENT OF THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT'S DRAFT 2007 AIR QUALITY MANAGEMENT PLAN (AQMP) FOCUSING ON MOBILE SOURCE CONTROLS 7 Acceptance of Grant Deed for Lot 21 of Tract 29305 RECOMMENDATION: 7.1 Authorize acceptance of the Grant Deed for Lot 21 of Tract 29305 and direct staff to proceed with the necessary actions to cause to deed to be recorded. 8 Contract for the Installation of Additional Liahtina for the Temecula Public Librarv - Proiect No. PWOO-07 RECOMMENDATION: 8.1 Approve a contract for additional lighting for the Temecula Public Library - Project No. PWOO-07 with Tri-Citi Electric - in the amount of $33,683.14 and authorize the Mayor to execute the contract; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,368.31, which is equal to 10% of the contract amount. 9 Establishment and Appointment of Militarv Ad-Hoc Subcommittee (at the reauest of Mavor Washinaton and Council Member Edwards) RECOMMENDATION: 9.1 Establish an ad-hoc subcommittee to enhance the relationship between the City and the military community; 9.2 Appoint Mayor Washington and Council Member Edwards to this ad hoc subcommittee. 10,second Readina of Ordinance No. 07-02 RECOMMENDATION: 10.1 Adopt an Ordinance entitled: 4 ORDINANCE NO. 07-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.36 TO THE TEMECULA MUNICIPAL CODE PROHIBITING THE NON-PERMITTED USE, STORAGE, MANUFACTURING, AND SALE OF FIREWORKS 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 11 Minutes RECOMMENDATION: 11 .1 Approve the minutes of April 1 0, 2007. 12 TCSD Proposed Rates and Charaes for FY 2007-2008 RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. CSD 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2007-2008 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 5 13 First Amendment to the Top Dawa Termite Co. Maintenance Services Contract RECOMMENDATION: 13.1 Approve the First Amendment for $21 ,560 with Top Dawg Termite Co, for elimination of drywood termites at the Community Recreation Center. CSD DEPARTMENTAL REPORT 14 Communitv Services Departmental Monthlv 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 15 Minutes RECOMMENDATION: 15.1 Approve the minutes of April 1 0, 2007. RDA DEPARTMENTAL REPORT 6 16 Redevelopment Departmental 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. 17 Proposed Zonina Ordinances addina Chapter 30 to Title 17 of the Temecula Municipal Code Establishina Non-Smokina Units in Multi-Familv Housina: and addina Chapter 36 to Title 8 of the Temecula Municipal Code Prohibitina Smokina in Public Places and the Workplace - at the reauest of Mavor Washinaton and Mavor Pro Tem Naaaar RECOMMENDATION: 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROHIBITING SMOKING IN AND AROUND MULTI-UNIT RESIDENCES AND ADDING CHAPTER 30 TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING IN MULTI-UNIT RESIDENCES 17.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROHIBITING SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT, AND CERTAIN OTHER LOCATIONS AND ADDING CHAPTER 36 TO TITLE 8 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING 18 Adiustment of the Transportation Uniform Mitiaation Fee (TUMF) RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE APPLICABLE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF TEMECULA COUNCIL BUSINESS 19 Amendment of the Temecula Municipal Code to Implement Chanaes in State Law Concernina Biddina for Public Works Proiects RECOMMENDATION: 19.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 3.32.010 AND 3.32.050 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION ON PUBLIC PROJECTS 20 Reaional Medical Facilitv Studv - at the reauest of Mavor Pro Tem Naaaar RECOMMENDATION: 20.1 Appoint Mayor Pro Tem Naggar to serve on this regional task force; 20.2 Authorize the City Manager to contact the County and the Cities in Southwest California to invite them to participate in the task force. DEPARTMENTAL REPORTS 21 Citv Council Travel/Conference Report - March 2007 22 Plannina Department Monthlv Report 23 Police Department Monthlv Report 24 Public Works Department Monthlv Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, May 8, 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. 8 PROCLAMA TIONS AND PRESENTATIONS The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Alec Bodemer and joins with Cub Scout Pack #367 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 24th day of April, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Oliver Abbey and joins with Cub Scout Pack #367 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 24th day of April, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Grant Salts and joins with Cub Scout Pack #367 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 24th day of April, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Grant Allington and joins with Cub Scout Pack #367 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 24th day of April, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Parker Kelliher and joins with Cub Scout Pack #367 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 24th day of April, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Alec Shaw and joins with Cub Scout Pack #367 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 24th day of April, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Brandon Farkas and joins with Cub Scout Pack #367 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 24th day of April, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Prithipal Khalsa and joins with Cub Scout Pack #367 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 24th day of April, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Kyle Kitley and joins with Cub Scout Pack #367 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 24th day of April, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Sam Harnett and joins with Cub Scout Pack #367 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 24th day of April, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Anthony Peiia and joins with Cub Scout Pack #367 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 24th day of April, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Blaise Wopperer and joins with Cub Scout Pack #367 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 24th day of April, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula PROCLAMATION WHEREAS, a strong, effective system of free public school education for all children and youth is essential to our democratic system of govermnent; and WHEREAS, the United States has made considerable progress in the social, technological, and scientific fields due to our system of free and universal public education; and WHEREAS, much of this progress can be attributed to the qualified and dedicated teachers entrusted with the educational development of our children to their full potential; and WHEREAS, teachers should be accorded high public esteem, reflecting the value the community places on public education; and WHEREAS, PTAs on every level Nationwide are keenly aware of the importance and impact of teachers on children; and WHEREAS, it is appropriate that teachers be recognized for this dedication and commitment to educating their students. NOW, THEREFORE, I, Chuck Washington, on behalf of the City Council of the City of Temecula, hereby proclaim May 6, through May 12,2007, to be "Teacher Appreciation Week" and urge all citizens to pay tribute to our public school teachers. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal ofthe City of Temecula to be affixed this 24th day of April, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR I~-- . , II ITEM NO.1 II , II - . . . I I II II __. . I I~-- . , II ITEM NO.2 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager p..f"" 1)12. CJo.-- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: April 24, 2007 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, 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 $5,532,099.15. 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 24th day of April ,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 24th day of April 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 04/05/2007 TOTAL CHECK RUN: 04/12/2007 TOTAL CHECK RUN: 04/05/2007 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 04/24/07 COUNCIL MEETING: $ 4,350,853.42 710,792.75 470,452.98 $ 5,532,099.15 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 940,002.19 165 RDA LOWiMOD - 20% SET ASIDE 3,243,660.00 190 TEMECULA COMMUNITY SERVICES DISTRICT 255,900.69 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 133.20 193 TCSD SERVICE LEVEL "C" LANDSCAPE/SLOPE 73,035.60 194 TCSD SERVICE LEVEL D 930.18 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 4,419.70 197 TEMECULA LIBRARY FUND 11,267.91 210 CAPITAL IMPROVEMENT PROJ FUND 410,271.70 280 REDEVELOPMENT AGENCY - CIP PROJECT 22,602.64 300 INSURANCE FUND 8,314.08 320 INFORMATION SYSTEMS 64,985.26 330 SUPPORT SERVICES 3,153.08 340 FACILITIES 22,946.94 460 CFD 88-12 DEBT SERVICEF1JND 23.00 $ 5,061,646.17 001 GENERAL FUND $ 318,206.01 165 RDA LOWiMOD - 20% SET ASIDE 5,115.22 190 TEMECULA COMMUNITY SERVICES DISTRICT 97,432.14 192 TCSD SERVICE LEVEL B 114.40 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,115.95 194 TCSD SERVICE LEVEL D 837.59 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 563.60 210 CAPITAL IMPROVEMENT PROJECTS FUND 34.33 280 REDEVELOPMENT AGENCY - CIP PROJECT 3,025.99 300 INSURANCE FUND 1,220.63 320 INFORMATION SYSTEMS 26,351.62 330 SUPPORT SERVICES 3,640.72 340 FACILITIES 8,794.78 470,452.98 TOTAL BY FUND: $ 5,532,099.15 apChkLst 04105/2007 3:51 :08PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 9,426,46 114916 03/29/2007 000128 BROWN & BROWN OF CALIF Ins pol#73539873 renew 2/07-2/08 INC 114917 04/05/2007 004594 2 HOT ACTIVEWEAR Uniform maint:police volunteers 114918 04/05/2007 003552 AFLAC AFLAC Cancer Payment 114919 04/05/2007 001700 A PLUS TEACHING tiny tot class supplies:CRC MATERIALS 114920 04/05/2007 004973 ABACHERLI L1NDI TCSD instructor earnings 114921 04/05/2007 004765 ACTIVE NETWORK INC, THE Intro track/field #1400.1 01 Hultman 114922 04/05/2007 003859 ALL ABOUT SELF STORAGE Mar Rent Storage Unit#G702:tcsd 114923 04/05/2007 009033 ALLEN STEVEN L. Photography svcs:Library dedication Photography svcs:tcsd 114924 04/05/2007 004240 AMERICAN FORENSIC DUI & Alcohol screening:Police NURSES DUI & Alcohol screening:Police DUI & Alcohol screening:Police 114925 04/05/2007 000747 AMERICAN PLANNING Mb:APA/CAIE/AICP Matt Peters ASSOCIATION 114926 04/05/2007 000936 AMERICAN RED CROSS lifeguard manuals/dvds:aquatics 114927 04/05/2007 008279 AMERICOMP INFOSYSTEMS Computer Supplies: Info Sys INC Wireless phones:library staff 114928 04/05/2007 002187 ANIMAL FRIENDS OF THE Feb Animal control services VALLEYS 114929 04/05/2007 000101 APPLE ONE INC Temp help PPE 3/10 Jepsen, L 839 04/05/2007 000642 840 04/05/2007 000389 US C M WEST (OBRA) NATIONWIDE RETIREMENT 841 04/05/2007 000246 PERS (EMPLOYEES' RETIREMENT) 842 04/05/2007 001065 NATIONWIDE RETIREMENT SOLUTION 843 04/05/2007 000283 INSTATAX (IRS) 844 04/05/2007 000444 INSTATAX (EDD) 845 04/05/2007 000245 PERS - HEALTH INSUR PREMIUM 846 04/04/2007 000166 FIRST AMERICAN TITLE COMPANY DescriDtion Amount Paid Check Total 0.00 Child Care Reimbursement Payment 9,426,46 OBRA - Project Retirement Payment 3,493.38 3,493.38 PERS ER Paid Member Contr Payment 115,707.99 115,707.99 Nationwide Retirement Payment 37,115.69 37,115.69 Federal Income Taxes Payment 89,031.38 89,031.38 state Disability Ins Payment 21,816.12 21,816.12 Blue Shield HMO Payment 0.00 PERS Health Admin Cost Payment 73,883.70 73,883.70 Escrow# RR1-1955993 D'Alto ptnrs 3,000,000.003,000,000.00 1,054.00 1,054.00 25.86 25.86 2,887.86 2,887.86 139.56 139.56 880.00 880.00 100.00 100.00 100.00 100.00 230.00 460.00 690.00 216.00 324.00 412.00 952.00 287.00 287.00 358.00 358.00 145.46 689.49 834.95 12,500.00 12,500.00 315.42 Page: 1 apChkLst Final Check List 04105/2007 3:51 :08PM CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor DescriDtion Amount Paid Check Total Temp help PPE 3/17 Jepsen, L 525.70 841.12 114930 04/05/2007 001323 ARROWHEAD WATER INC Bottled wtr svcs @ ch.museum 50.91 Bottled wtr svcs @ City Hall 42.01 Bottled wtr svcs @ City Hall 602.22 Bottled wtr svcs @ eRe 42.15 Bottled wtr svcs @ Library 43.31 Bottled wtr svcs @ Skate Park 8.61 Bottled wtr svcs @ Tee 19.30 Bottled wtr svcs @ Theater 26.66 Bottled wtr svcs @ TV Museum 32.88 868.05 114931 04/05/2007 003203 ARTISTIC EMBROIDERY City seal uniform patches:tcsd 103.31 City seal uniform patches:tcsd 309.93 413.24 114932 04/05/2007 003137 BARKERS FOOD MACHINERY Kitchen Equip Repair: MPSC 151.91 151.91 SERVICE 114933 04/05/2007 010903 BARNETT BEA Reimb: CPRS Conf:317-11/07:Sacr. 48.66 48.66 114934 04/05/2007 010883 BEASON CONNIE Refund: Cite 53137 Dismissed 65.00 65.00 114935 04/05/2007 002381 BEAUDOIN LINDA Retirement Medical Payment 719.20 719.20 114936 04/05/2007 002541 BECKER CONSTRUCTION Construction maint:PW 3,175.00 SRVS INC Equipment maint: PW 989.39 Equipment maint: PW 1,060.18 Equipment maint:PW 808.45 6,033.02 114937 04/05/2007 008437 BETZ MARTIN Reimb:CPRS Conf:317-11 :Sacr. 111.38 111.38 114938 04/05/2007 004262 BIO- TOX LABORATORIES DUI drug & alcohol screening:PD 1,091.74 1,091.74 114939 04/05/2007 010885 BIRCH AQUARIUM AT Senior excursion 4/12/07 187.50 187.50 SCRIPPS INST 114940 04/05/2007 003222 BROCKMEIER CAROL Retirement Medical Payment 719.20 719.20 114941 04/05/2007 010887 BROWN TINA Ref:Cartooning w/Bigfoot #1140.104 50.00 50.00 114942 04/05/2007 008780 BYROM-DAVEY INC Synthetic turf repair:PBSP 70,899.75 70,899.75 114943 04/05/2007 006908 C C & COMPANY INC Entertainment:carnival fun event 185.00 Entertainment:High Hopes Pgrm 250.00 Entertainment:volunteer recognition 225.00 660.00 114944 04/05/2007 003138 CAL MAT PW patch truck materials 187.32 PW patch truck materials 190.44 PW patch truck materials 254.18 631.94 Page: 2 apChkLst Final Check List 04105/2007 3:51 :08PM CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor DescriDtion Amount Paid Check Total 114945 04/05/2007 005384 CALI F BAGEL BAKERY & DELI Refreshments:Finance Prof Meetings 352.88 Refreshments:finance prof mtg 191.26 544.14 114946 04/05/2007 006684 CALIF BUSINESS CONDOS Refund:grading deposit Id04-298gr 995.00 995.00 114947 04/05/2007 010349 CALIF DEPT OF CHILD Support Payment Case # DF099118 25.00 25.00 SUPPORT 114948 04/05/2007 004248 CALIF DEPT OF Drug & Alcohol Analysis: Police 1,540.00 1,540.00 JUSTICE-ACCTING 114949 04/05/2007 003775 CHAPARRAL HIGH SCHOOL Ref:Security Deposit eRe 3/13 150.00 150.00 114950 04/05/2007 009699 COALITION TO IMPROVE FY 06/07 Comm Svc Funding Prgm 2,000.00 2,000.00 EDUCATION 114951 04/05/2007 010793 COMMERCIAL FENCE & window screens:Harveston park 318.69 318.69 SUPPLY 114952 04/05/2007 004405 COMMUNITY HEAL TH Community Health Charities Payment 107.05 107.05 CHARITIES 114953 04/05/2007 009808 CURRAN MARK W. Periormance:Shake,Rattle,&RolI 4/1 5,526.90 5,526.90 114954 04/05/2007 003272 DAISY WHEEL RIBBON Plotter Ribbon & Ink: GIS 199.26 199.26 COMPANY INC 114955 04/05/2007 001233 DANS FEED & SEED INC Maintenance supplies:PW 356.48 356.48 114956 04/05/2007 001393 DATA TICKET INC Feb parking citation processing srvcs 4,679.95 4,679.95 114957 04/05/2007 003945 DIAMOND ENVIRONMENTAL Portable restroom: Long Cyn Pk 57.98 SRVCS Portable restroom: Redhawk Pk 59.02 Portable restroom: Riverton Pk 57.98 Portable restroom: Vail Rnch Pk 57.98 Portable restroom: Veterans Prk 57.98 290.94 114958 04/05/2007 002528 EAGLE GRAPHIC CREATIONS Recognition mugs:hr new employees 52.37 52.37 INC 114959 04/05/2007 010888 ELLIOTT ALEXANDER Refund:Creative Writing #3016.1 03 18.00 18.00 114960 04/05/2007 006818 EMAN AFFAN FY 05/06 CFD 88-12 Reimbursement 214.96 214.96 114961 04/05/2007 010066 EMPIRE SALES & Recreation supplies:cultural arts 1,077.50 1,077.50 DISTRIBUTORS 114962 04/05/2007 001056 EXCEL LANDSCAPE Mar Idscp impr: 41934 Main street 62.50 62.50 114963 04/05/2007 001701 EXCEL RENTAL CENTER Forklift rental to install Library UPS 184.44 184.44 114964 04/05/2007 000478 FAST SIGNS Directional signs:theater 243.91 243.91 114965 04/05/2007 000165 FEDERAL EXPRESS INC 3/15-3/19 Express mail services 111.18 111.18 114966 04/05/2007 000206 FEDEX KINKOS INC Mise Paper/Office Supplies:Ctrl SV5 12.81 12.81 114967 04/05/2007 010804 FEHR & PEERS ASSOCIATES Feb Svcs Pkgn Study:Old Town 4,387.87 Jan Svcs Prkg Study:Old Town 5,210.22 9,598.09 Page: 3 apChkLst 04105/2007 3:51 :08PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 114968 04/05/2007 000166 114969 04/05/2007 003347 FIRST AMERICAN TITLE COMPANY FIRST BANK DescriDtion Amount Paid Check Total Lot Book Report:Anderson,R.&L. 75.00 75.00 AE Airfare:CALBO Conf:Ball:3/15 28.00 AE Bank Charges adjustment -18.61 AE Meal: CALBO ConI: 3/16/07 51.35 AE Refreshments: Chula Vista mtg 83.93 AE Refreshments:Disaster Drill 160.49 DU Refreshments: Planning Comm. Mtg 74.10 DU Refreshments: Planning Comm. Mtg 86.09 DU Regist: APA Five Day Pass Conf 31.95 DU Regist: RHNA Wrkshp:3121 :West 70.00 DU Reversed bank charges -3.29 GR Bank charges 35.00 GR Meal/Htl:CRP Conl:02/28-03/01 265.26 GR Meal:CRP Conl:02/28-03/01 12.01 GR Meal:CRP Conl:02/28-03/01 51.84 GR Personalize merchandise 23.76 GR Regist:Debt Sem:4/19-20:Bilby 225.00 GY Refreshments:Bldg Dir.Resume Mtg 15.09 GY Refreshments:Mtg w/Union 120.29 GY Refreshments:PW Maint Sup.Mtg 48.08 HP Airfare:delaRossa:CPO Sem:3/15 406.98 HP Annual membership dues 125.00 HP Car Rental:CPRS Cf:317-11/07:Sacr. 305.75 HP Deposit for Volunteer recognition 1,500.00 HP Meal/Htl:CPRS CI:3/7-11/07:Sacr. 169.90 HP Meal:CPRS Conf:317-11/07:Sacr. 25.55 HP Meal:CPRS Conf:317-11/07:Sacr. 73.25 HP Meal:CPRS Conf:317-11/07:Sacr. 159.00 HP Meal:CPRS Conf:317-11/07:Sacr. 177.47 HP Pr.kg:CPRS Conl:3/7-11/07:Sacr. 28.00 JC ICSC annual membership dues 50.00 JC Hotel:NLCC 3/10-14/07:Wshgtn DC 1,039.52 JC Prkg:NLCC 3/10-14/07:Wshgtn DC 35.00 Page: 4 apChkLst Final Check List 04105/2007 3:51 :08PM CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor DescriDtion Amount Paid Check Total RR Hotel:Advance purchase 171.76 RR Hotel:Ntl LCC:3/9-14/07:D.C. 1,473.26 RR Htl:Metrolink:Wshgtn:2126-3/1 60.00 RR Htl:Metrolink:Wshgtn:2126-3/1 1,298.69 RR Meal:Ntl LCC:3/9-14/07:D.C. 134.62 RR Meal:Ntl LCC:3/9-14/07:D.C. 138.00 8,732.09 114970 04/05/2007 010361 FITZSIMONS, JOHN Refund: Main Street Security Deposit 100.00 100.00 114971 04/05/2007 007274 FORGE, THE Refreshments:emp luncheon 4,431.80 4,431.80 114972 04/05/2007 010325 FORT DEARBORN LIFE Voluntary Supp Life Insurance Payment 739.00 739.00 114973 04/05/2007 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 114974 04/05/2007 007866 G C S SUPPLIES INC Printer toner supplies:Citywide 99.99 Printer toner supplies:Citywide 181.02 281.01 114975 04/05/2007 010326 G E IONICS INC Oi Tanks:Reverse Osmosis Water 58.88 Mar Rental Equip:Reverse Osmosis 21.55 Mar Svc:Reverse Osmosis Water 50.00 130.43 114976 04/05/2007 007279 GAIL MATERIALS INC Hilltopper Mound Clay: Harveston Pk 1,037.00 1,037.00 114977 04/05/2007 003815 GFB FRIEDRICH & Jan Prgss OePortola Rd Rehab 11,690.54 11,690.54 ASSOCIATES INC 114978 04/05/2007 005405 GILLILAND ROBIN Reimb:Lunch for Dutch Police Officers 149.26 149.26 114979 04/05/2007 000177 GLENNIES OFFICE Office Supplies:tcsd/crc 463.49 463.49 PRODUCTS INC 114980 04/05/2007 010889 GOSPEL RECORDINGS, INC. Refund:grading deposit Id02-070gr 995.00 995.00 114981 04/05/2007 008361 GRAPE STOMPERS SQ TCSD instructor earnings 70.00 DANCE CLUB TCSD instructor earnings 75.60 TCSD instructor earnings 77.00 TCSD instructor earnings 87.50 TCSD instructor earnings 91.00 TCSD instructor earnings 189.00 590.10 114982 04/05/2007 000186 HANKS HARDWARE INC Hardware supplies: aquatics 1.62 Hardware supplies: PW 209.71 Hardware supplies: SIn 73/84 188.42 Hardware supplies:Ch.Museum 772.74 1,172.49 114983 04/05/2007 006250 HAl MAT TRANS INC Hazmat removal: PW06-07 2,800.00 2,800.00 Page: 5 apChkLst Final Check List 04105/2007 3:51 :08PM CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor DescriDtion Amount Paid Check Total 114984 04/05/2007 001135 HEAL THPOINTE MEDICAL Employee physcials:hr 75.00 75.00 GROUP INC 114985 04/05/2007 005748 HODSON CHERYL A Support Payment 19.15 19.15 114986 04/05/2007 000963 HOGAN DAVID Retirement Medical Payment 719.20 719.20 114987 04/05/2007 003198 HOME DEPOT, THE Hardware Supplies: TCSD Parks 9.20 Hardware Supplies: TCSD Parks 17.23 Hardware Supplies: TCSD Parks 68.79 95.22 114988 04/05/2007 000194 I C M A RETIREMENT-PLAN Ie M A Retirement Trust 457 Payment 10,623.63 10,623.63 303355 114989 04/05/2007 004833 IMPERIAL PAVING COMPANY slurry seal svcs: PW 61,907.00 61,907.00 INC 114990 04/05/2007 005956 INSTITUTE OF Membership: 07 Jerry Gonzalez 262.00 262.00 TRANSPORTATION 114991 04/05/2007 006713 INTEGRATED MEDIA 1yr audiolvisual sys maint:Library 8,700.00 8,700.00 SYSTEMS 114992 04/05/2007 006113 INTL ASSN OF FIRE CHIEFS- Mb:07 IAFC Howard Windsor 290.00 290.00 IAFC 114993 04/05/2007 010119 IRS- OIC Sup Pm! Offer#1000497587 452379267 140.11 140.11 114994 04/05/2007 001186 IRWIN JOHN TCSD instructor earnings 357.00 TCSD instructor earnings 415.80 772.80 114995 04/05/2007 010428 IT'S A DOGS WORLD K-9 TCSD instructor earnings 490.00 490.00 ACADEMY 114996 04/05/2007 004884 J & W REDWOOD LUMBER CO Lumber & misc. supplies: PW 10.26 10.26 INC 114997 04/05/2007 010412 JOHNSON POWER SYSTEMS emerg generator prime pump:ch 1,357.79 1,357.79 114998 04/05/2007 002424 KELLEY DISPLAY INC Banners:citywide events 12,968.04 12,968.04 114999 04/05/2007 002789 KIMCO STAFFING SERVICES Temp help PPE 3/25 Kodani,K. 638.00 638.00 INC 115000 04/05/2007 001405 KIWANIS CLUB OF RANCHO- Ref:Security Deposit eRe 3/9/07 150.00 150.00 115001 04/05/2007 010843 KLEVEN BLANCA Refund: Cite 54009 paid twice 90.00 90.00 115002 04/05/2007 001282 KNORR SYSTEMS INC pool maint supplies:aquatics 248.50 248.50 115003 04/05/2007 000209 L & M FERTILIZER INC 2000 Watt Generator: Pw Maint 1,076.42 Small tools/equip: PW Maint 257.83 1,334.25 115004 04/05/2007 010120 L G C INLAND INC Feb geotech testing svcs 7,373.99 7,373.99 115005 04/05/2007 010902 LEE SUSAN Reimb: CALBO Conf:3/15:Sacr. 98.00 98.00 115006 04/05/2007 009388 LETS GET PERSONAL Recognition Shirts:Planning 215.50 215.50 115007 04/05/2007 010656 LEUSCHEN AIDEE TCSD Instructor Earnings 94.50 TCSD Instructor Earnings 236.25 330.75 Page: 6 apChkLst 04105/2007 3:51 :08PM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 115008 04/05/2007 003726 115009 04/05/2007 004998 115010 04/05/2007 004141 115011 04/05/2007 001967 115012 04/05/2007 002046 115013 04/05/2007 009123 115014 04/05/2007 003076 115015 04/05/2007 005690 115016 04/05/2007 008091 115017 04/05/2007 001384 115018 04/05/2007 004534 115019 04/05/2007 009915 115020 04/05/2007 007096 115021 04/05/2007 001986 115022 04/05/2007 010894 115023 04/05/2007 010504 115024 04/05/2007 002037 115025 04/05/2007 010273 115026 04/05/2007 009570 115027 04/05/2007 002292 115028 04/05/2007 002105 DescriDtion Amount Paid Check Total LIFE ASSIST INC Medical Supplies:Paramedics 123.34 Medical Supplies:Paramedics 2,241.30 2,364.64 LINFIELD SCHOOL Id02-242M04-054/ld05-176 2,485.00 2,485.00 MAINTEX INC Custodial Supplies: City Hall 630.94 Custodial Supplies: eRe 299.18 Custodial supplies: tv museum 283.60 1,213.72 MANPOWER TEMPORARY SERVICES Temp help PPE 3/11 MP/DC/MGfTR 1,386.54 1,386.54 MASTER K 9 I NC K-9 Hndlr Course:Cpl Cohen/Casper 3,500.00 3,500.00 150.00 150.00 8,513.10 8,513.10 1,500.00 1,500.00 125.00 125.00 250.00 116.96 116.96 72,40 72,40 205.00 205.00 352.25 352.25 69.11 69.11 325.00 325.00 1,774.05 1,774.05 1,630.00 1,630.00 16,079.00 16,079.00 23.27 23.27 367.33 77.58 444.91 34.27 575.93 135.72 241.29 987.21 Page: 7 MCCANN JAMES refund:security deposit/eRe MET LIFE INSURANCE COMPANY Met Life Dental Insurance Payment MICHELLE'S PLACE WOMENS FY 06/07 Comm Svc Funding Pgm BREAST MILL MORE'S WAX CREW Vehicle Maint Detail: PW Vehicle wash & detail:pw I MINUTEMAN PRESS Business Cards: R. Gutierrez MOBILE SATELLITE VENTURES LP APR ACCESS CHARGES:MOBILE PHONE MOUNTAINVIEW COMMUNITY refund:security deposit Mrgta Park 4f7 CHURCH MUSICIANS WORKSHOP Theater rental:Sprg Concert 3/28/07 MUZAK -SOUTHERN Apr Satellite sound system svcs CALIFORNIA NATIONAL CITIZEN CORPS Regist:Preparedness Conf:6/10-13 NEXTEL COMMUNICATIONS Mar 07 Police cell phone usage/equip NEXUS INTEGRATION Add't Cabling installation: Library SERVICES NIXON PEABODY LLP Feb 2007 legal services o C B REPROGRAPHICS Blueprint reproductions:PW OASIS VENDING Coffeelkitchen supplies: City Hall Coffee/Kitchen supplies:Maint Fac OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs:TCSD City Vehicle Repair/Maint Svcs:TCSD Veh repair & maint: PW Vehicle maint & repairs: PW Traffic apChkLst Final Check List 04105/2007 3:51 :08PM CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor DescriDtion Amount Paid Check Total 115029 04/05/2007 004389 OUT OF THE ORDINARY 3/26 Super Invention Competition Mtg 1,350.00 Team building training:Planning 3,640.00 4,990.00 115030 04/05/2007 002800 PACIFIC STRIPING INC Road striping svcs:pw traffic div 9,808.05 9,808.05 115031 04/05/2007 010547 PARKS RON Retirement Medical Payment 2,157.60 2,157.60 115032 04/05/2007 004538 PAULEY EQUIPMENT Equipment repairs: PW 852.00 COMPANY Repair & maint:pw skip loader 31.18 Repair & maint:pw skip loader 303.93 1,187.11 115033 04/05/2007 001958 PERS LONG TERM CARE PERS Long Term Care Payment 220.12 220.12 PROGRAM 115034 04/05/2007 009796 PERVO PAINT COMPANY Traffic paint:PW 3,008.60 3,008.60 115035 04/05/2007 000249 PETTY CASH Petty Cash Reimbursement 968.74 968.74 115036 04/05/2007 010510 PFF BANK & TRUST release retention escrow #34-01022 20,101.57 20,101.57 115037 04/05/2007 009161 POLETTI GUSTAVO TCSD Instructor Earnings 147.00 147.00 115038 04/05/2007 010338 POOL & ELECTRICAL Misc. pool supplies/chemicals:CRCfTES 157.51 157.51 PRODUCTS INC 115039 04/05/2007 002354 POSITIVE PROMOTIONS Education materials:citizen corp 2,795.45 2,795.45 115040 04/05/2007 005820 PRE-PAID LEGAL SERVICES PrePaid Legal Services Payment 512.15 512.15 INC 115041 04/05/2007 000262 RANCHO CALIF WATER Mar 01-08-38009-0 Fire Stn 92 80.44 DISTRICT Mar 01-08-96001-3 Via Puebla 33.23 Various TCSD Water Meters 1,194.56 1,308.23 115042 04/05/2007 004483 RECREONICS INC 6 Pool Lane Lines:aquatics pgrm 2,746.06 2,746.06 115043 04/05/2007 007102 RENAISSANCE Htl:Debt Admin Sem:Bilby:4/19/07 126.57 126.57 115044 04/05/2007 002110 RENTAL SERVICE Rental equipment:PW 43.30 43.30 CORPORATION 115045 04/05/2007 004498 REPUBLIC INTELLIGENT On-Call Traffic Signal Maint:pW 2,205.59 2,205.59 115046 04/05/2007 007402 RICHARD BRADY & Feb Design:maint fac expansion 7,897.50 7,897.50 ASSOCIATES 115047 04/05/2007 002412 RICHARDS WATSON & Feb 2007 legal services 102,851.52 GERSHON Jan 2007 legal services 111,589.58 214,441.10 115048 04/05/2007 000418 RIVERSIDE CO CLERK & Res Impr Prgm:Connie Anguiano 11.00 11.00 RECORDER 115049 04/05/2007 000418 RIVERSIDE CO CLERK & Res Impr Prgm:Donelle Westbrook 11.00 11.00 RECORDER 115050 04/05/2007 000418 RIVERSIDE CO CLERK & Res Impr Prgm: Edward Lynn 11.00 11.00 RECORDER Page: 8 apChkLst Final Check List 04105/2007 3:51 :08PM CITY OF TEMECULA Page: 9 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor DescriDtion Amount Paid Check Total 115051 04/05/2007 000418 RIVERSIDE CO CLERK & Res Impr Prgm:Edwin Schwartz 11.00 11.00 RECORDER 115052 04/05/2007 000406 RIVERSIDE CO SHERIFFS Feb 2007 Booking Fees 21,196.89 21,196.89 DEPT 115053 04/05/2007 000406 RIVERSIDE CO SHERIFFS 3/09-10 Rod Run:law enforcement 15,117.11 15,117.11 DEPT 115054 04/05/2007 003587 RIZZO CONSTRUCTION INC Mar const svcs:PBSP concession 16,202.00 16,202.00 115055 04/05/2007 010203 ROBERT CLAPPER CONST Feb Prgss:wolf creek fire stn 180,914.01 180,914.01 SRVCS INC 115056 04/05/2007 000873 ROBERTS RONALD H. Reimb: NLCC Conf:3/9-14:D.C. 230.66 230.66 115057 04/05/2007 010525 RUSCOINC Install gear lockers:fire stn 73 6,405.00 6,405.00 115058 04/05/2007 000277 S & S ARTS & CRAFTS I NC Supplies: Children's Museum 73.59 73.59 115059 04/05/2007 004598 S T K ARCHITECTURE INC Mar Design Svcs:WoIf Creek Fire Stn 3,727.50 3,727.50 115060 04/05/2007 009196 SACRAMENTO THEATRICAL Mise supplies:community theater 146.00 146.00 LIGHTING 115061 04/05/2007 007582 SAFEGUARD DENTAL & SafeGuard Vision Plan Payment 1,293.89 1,293.89 VISION 115062 04/05/2007 001500 SAN DIEGO REGIONAL TRAIN Regist:Deal w/Hostile People:Plan:3121 580.00 580.00 CTR 115063 04/05/2007 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581095025 12.50 12.50 115064 04/05/2007 010089 SECURITAS SECURITY 3/16-22 Security Srvcs:Fire Stn 95 1,346.19 SRVCS USA 312-8 Security Srvcs:Fire stn 95 1,357.96 Jan Adj Security Svcs:Harveston Lake 105.00 Jan Security Svcs:Harveston Lake Park 3,250.28 6,059.43 115065 04/05/2007 008529 SHERIFF'S CIVIL DIV- Support Payment LO File # 2005033893 150.00 150.00 CENTRAL 115066 04/05/2007 010892 SIGGARD ANN Refund:Security Deposit Tee 3/10107 150.00 150.00 115067 04/05/2007 009746 SIGNS BY TOMORROW Logo Sign:Children's Museum 687.54 reclaimed water signs: tcsd 426.59 Signs:spring egg hunt 856.50 1,970.63 115068 04/05/2007 010891 SLUSSER LAWRENCE Refund:Security Deposit eRe 3/11/07 150.00 150.00 115069 04/05/2007 000645 SMART & FINAL INC Mise supplies:Sister Cities 80.58 80.58 115070 04/05/2007 003477 SMITH BARBARA Reimb:CPRS Conf:317-11 :Saer. 146.43 146.43 115071 04/05/2007 000537 SO CALI F EDISON Mar 2-00-397-5042 City Hall 5,355.32 Mar 2-00-397-5067 various mtrs 1,338.86 Mar 2-02-351-4946 MPSC 908.87 Mar 2-02-502-8077 Maint Fae 1,364.94 Page: 9 apChkLst 04105/2007 3:51 :08PM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor DescriDtion Amount Paid Check Total 529.15 70.26 1,270.39 148.12 169.68 5,594.54 180.75 16,930.88 327.16 168.45 4,298.80 2,701.20 117.48 335.73 116.02 68.54 85.37 53.64 8,272.39 5.400.00 5.400.00 12.34 12.34 57.91 57.91 10,896.57 10,896.57 129.99 129.99 268.80 705.60 1,176.00 2,150.40 4,080.00 737.76 864.00 912.00 6,593.76 2,500.00 2,500.00 24.95 39.98 64.93 5,053.00 5,053.00 Page: 10 Mar 2-18-937-3152 T.Museum Mar 2-19-171-8568 Wedding Chpl Mar 2-19-683-3263 various mtrs Mar 2-27-560-0625 Oeerhollaw Way Mar 2-27-643-1046 Main Sl B Mar 2-28-629-0507 Library Mar 2-28-904-7706 Overland Trail 115072 04/05/2007 001212 SO CALIF GAS COMPANY Mar 021-725-0775-4 MPSC Mar 026-671-2909-8 Theater Mar 091-024-9300-5 CRC Mar 091-085-1632-0 T.E.S. Pool Mar 101-525-0950-0 TCC Mar 101-525-1560-6 Fire Stn 73 Mar 133-040-7373-0 Maint Fac Mar 164-525-0321-8 Main Sl Mar 181-383-8881-6 1. Museum Mar 196-025-0344-3 C. Museum 115073 04/05/2007 007341 SOUTH COAST WINERY, INC. Deposit:Rental/Catering SVcs:4/16/07 115074 04/05/2007 005786 SPRINT Feb 26 - Mar 26 Acct Level Chrgs 115075 04/05/2007 000293 STADIUM PIZZA INC Refreshments:tcsd staff meetings 115076 04/05/2007 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 115077 04/05/2007 010895 STATON STEVE Reimb for SEU phone cards 115078 04/05/2007 000465 STRADLEY MARY KATHLEEN TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 115079 04/05/2007 010215 T & T JANITORIAL janitorial serv: library Janitorial srvcs:F-02 MPSC Janitorial srvcs:F-OB TVM Janitorial srvcs:F-10 IWTCM 115080 04/05/2007 004972 TEA M COMMUNITY PANTRY FY 06/07 Comm Svc Funding Pgm 115081 04/05/2007 000305 TARGET BANK BUS CARD SRVCS Mise Supplies For:Spring Egg Hunt Mise supplies: Theater & TCSD 115082 04/05/2007 001547 TEAMSTERS LOCAL 911 Union Dues Payment apChkLst Final Check List 04105/2007 3:51 :08PM CITY OF TEMECULA Page: 11 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor DescriDtion Amount Paid Check Total 115083 04/05/2007 000307 TEMECULA TROPHY City Clerk Plaques:Tammy/Gretchen 51.13 51.13 COMPANY 115084 04/05/2007 004190 TEMECULA VALLEY FILM Sponsorship for 2007 festival 60,000.00 60,000.00 FESTIVAL 115085 04/05/2007 003140 TEMECULA VALLEY TCSD Instructor Earnings 27.30 TAEKWONDO TCSD Instructor Earnings 27.30 TCSD Instructor Earnings 81.90 136.50 115086 04/05/2007 000316 THORNHILL GARY Retirement Medical Payment 719.20 719.20 115087 04/05/2007 010276 TIME WARNER CABLE Apr high speed internet CW 54.95 54.95 115088 04/05/2007 003633 TOLL ROADS, THE Jul- Feb Toll Rd 6000 0049 9212 3 80.85 80.85 115089 04/05/2007 000319 TOMARK SPORTS INC TCSD Sports Equip: PBSP 9,511.74 9,511.74 115090 04/05/2007 010558 TRADE IN.COM INC Office furniture/install:fire stn 84 249.46 249.46 115091 04/05/2007 010890 TREADWAY SCOTT Refund:Grading Deposit Id01-095gr 995.00 995.00 115092 04/05/2007 000459 TUMBLE JUNGLE FITNESS TCSD Instructor Earnings 118.30 GYM INC TCSD Instructor Earnings 254.80 TCSD Instructor Earnings 118.30 TCSD Instructor Earnings 118.30 TCSD Instructor Earnings 264.60 TCSD Instructor Earnings 319.20 TCSD Instructor Earnings 354.90 1,548.40 115093 04/05/2007 004036 US FLAG ETIQUETTE Flag advisory service: City Hall 60.00 60.00 115094 04/05/2007 000325 UNITED WAY United Way Charities Payment 73.00 73.00 115095 04/05/2007 003497 VAIL RANCH MIDDLE SCHOOL Symphonic band periormance:Old Town 150.00 150.00 115096 04/05/2007 004368 VAll COOPER & ASSOCIATES Feb Insp Svcs:Roripaugh Ranch 13,866.00 13,866.00 INC 115097 04/05/2007 004261 VERIZON Mar xxx-989? general usage 89.69 89.69 115098 04/05/2007 010245 VILLA DOLORES Retirement Medical Payment 645.17 645.17 115099 04/05/2007 010893 WEBSTER CLAUDETTE Refund:Security Deposit CRC 3/10/07 400.00 400.00 115100 04/05/2007 000339 WEST PUBLISHING CORP Subsc:07 CA Court Rules 43.09 43.09 115101 04/05/2007 010882 WOODS KIMBERLEY MARIE Refund: Cite 274589 Dismissed 55.00 55.00 115102 04/05/2007 007690 Y3K GRAFIX INC Fixed asset decals:finance dept 107.75 107.75 115103 04/05/2007 010107 YAMADA ENTERPRISES Fu rnitu re/installation: Library 4,508.46 4,508.46 115104 04/05/2007 000348 ZIGLER GAIL Reimb:Teen Room Supplies 122.22 122.22 115105 04/05/2007 003776 ZOLL MEDICAL Paramedic Medical Supplies 952.78 952.78 CORPORATION Page: 11 apChkLst 04105/2007 3:51 :08PM Final Check List CITY OF TEMECULA Page: 12 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor DescriDtion Amount Paid Check Total Grand Total All Checks: 4,350,853.42 198 checks in this report. FUNDS: Page: 12 apChkLst Final Check List Page: 1 04/1212007 8:44:04AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 115106 04/12/2007 004765 ACTIVE NETWORK INC, THE Feb onsite software sycs/Safari 1,646.56 1,646.56 115107 04/12/2007 004765 ACTIVE NETWORK INC, THE Refund:Madison Yoe #1514.102 169.00 169.00 115108 04/12/2007 004767 ALERT ALL CORPORATION Public Educ Materials:Fire Prey 4,948.96 4,948.96 115109 04/12/2007 008131 AMERICAN ASSOC OF Refund:Security Dep CRC 3/4/07 400.00 400.00 115110 04/12/2007 004240 AMERICAN FORENSIC NURSES May stand by fee: Police 700.00 700.00 115111 04/12/2007 000101 APPLE ON E INC Temp help PPE 3/24/07 Jepsen, L. 300.40 Temp help PPE 3/24/07 Jepsen, L. 240.32 540.72 115112 04/12/2007 004623 AQUA TECH ENTERPRISES Reg:CPO 5/16-17 Burbank GDelaRosa 325.00 325.00 115113 04/12/2007 001561 ARCH WIRELESS 3/20-6/19/07 paging/rental svcs 278.67 278.67 115114 04/12/2007 003203 ARTISTIC EMBROIDERY Promo Items:Summer Films/Concerts 565.69 565.69 115115 04/12/2007 003376 ARTS COUNCIL, THE Community cultural arts grant 10,000.00 10,000.00 115116 04/12/2007 002541 BECKER CONSTRUCTION SRVS Street Maintenance: Pw 1,785.00 1,785.00 INC 115117 04/12/2007 002377 BEST BUY COMPANY INC Digital Cameralmemory/GPS 453.58 453.58 115118 04/12/2007 004262 BIO-TOX LABORATORIES DUI drug & alcohol screening: PO 466.36 466.36 115119 04/12/2007 005716 BIRTH CHOICE OF TEMECULA Community Service Grant FY 06/07 1,000.00 1,000.00 115120 04/12/2007 010232 BLOOMFIELD, CARL Blacksmith exhibit07 Bluegrass 224.00 224.00 115121 04/12/2007 003138 CAL MAT PW patch truck materials 252.31 PW patch truck materials 191.06 443.37 115122 04/12/2007 005384 CALIF BAGEL BAKERY & DELI Mtg Refreshments:plng commission 147.62 Mtg Refreshments:Fire Prey 118.53 Mtg Refreshments:planning 115.31 Mtg Refreshments:Roripaugh Ranch/Fin. 69.50 450.96 Page:1 apChkLst Final Check List Page: 2 04/1212007 8:44:04AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115123 04/12/2007 005116 CALIF DEPT OF STATE Annual Street Rpt svcs:finance 1,758.86 1,758.86 CONTROLLER 115124 04/12/2007 004832 CALIF FIRE CHIEFS ASSN conf:fire/ems 5/2-5/4 T.Buckley Tem 300.00 conf:fire/ems 5/2-5/4 H.Bobwich Tem 300.00 conf:fire/ems 5/2-5/4 S.Davis Tem 300.00 conf:fire/ems 5/2-5/4 T.Ellena Tem 300.00 conf:fire/ems 5/2-5/4 R.Genn Tem 300.00 conf:fire/ems 5/2-5/4 J.Clary Tem 250.00 1,750.00 115125 04/12/2007 008742 CAPE MAY APARTMENTS LLC Ref:grading deposits Id03-114/020 1,990.00 1,990.00 115126 04/12/2007 000131 CARL WARREN & COMPANY INC 10/23/06-3/26/07 claim adjstr svc 104.40 10/26/06-3/26/07 claim adjstr svc 83.52 187.92 115127 04/12/2007 004006 CARROLL, JOSEPH Photography: Shawn Nelson 290.93 290.93 115128 04/12/2007 010434 CATERERS CAFE Mtg Refreshments:City Mgr 76.77 76.77 115129 04/12/2007 001249 CENTRE FOR ORG 07 Reg Mgmt Academy:R.Johnston 1,850.00 1,850.00 EFFECTIVENESS 115130 04/12/2007 005417 CINTAS FIRST AID & SAFETY First aid supplies: City Hall 126.53 126.53 115132 04/12/2007 009791 CLARK, MISTY Reimb:Uniform Patch Repair 108.00 108.00 115131 04/12/2007 010792 CLARK EQUIPMENT COMPANY bobcat 2200 utility veh:phbsp 10,339.69 10,339.69 115133 04/12/2007 002989 CLEAR IMAGE WINDOW window cleaning: library 1,185.00 CLEANING window cleaning: crc 615.00 window cleaning: city hall 420.00 window c1eaning:maint facility 125.00 2,345.00 115134 04/12/2007 004405 COMMUNITY HEALTH CHARITIES 07 Gift Giving Campaign 1,564.08 1,564.08 115135 04/12/2007 002631 COUNTS UNLIMITED INC Traffic Count Data Collections 2,180.00 2,180.00 115136 04/12/2007 004408 CUB SCOUT PACK Refund:Security Dep CRC 3/18/07 150.00 150.00 115137 04/12/2007 003210 DALLAS MIDWEST Folding Chairs:Recreation Pgrm 1,733.89 1,733.89 Page2 apChkLst Final Check List Page: 3 04/1212007 8:44:04AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115138 04/12/2007 002990 DAVID TURCH & ASSOCIATES Feb-Apr federal lobbyist svcs 10,050.00 10,050.00 115139 04/12/2007 010185 DOVE-DANIELS, STACEY TCSD instructor earnings 140.00 140.00 115140 04/12/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 2,264.70 INC Fuel for City vehicles: PVV Maint 1,383.88 Fuel for City vehicles: B&S 667.87 Fuel for City vehicles: F'VV 382.89 Fuel for City vehicles: Planning 335.21 Fuel for City vehicles: F'VVCIP 158.53 Fuel for City vehicles: Police 80.82 5,273.90 115141 04/12/2007 001669 DUNN EDWARDS CORPORATION Graffiti removal supplies:PVV 53.68 53.68 115142 04/12/2007 002528 EAGLE GRAPHIC CREATIONS Mug/engravingTCC Fire 62.50 62.50 INC 115143 04/12/2007 004829 ELLISON WILSON ADVOCACY Apr state lobbying services 3,500.00 3,500.00 LLC 115144 04/12/2007 005692 ELMO, ANTHONY Reimb:CALBO ABM Cf:3/13-16:Sacr. 64.00 64.00 115145 04/12/2007 002283 EMBASSY SUITES HOTEL htl:SanDiego 4/29-5/4 D.Decker 903.36 903.36 115146 04/12/2007 002577 ENGINEERING RESOURCES Feb Design Svcs:Pala Rd Impr Ii 1,080.00 1,080.00 115147 04/12/2007 001056 EXCEL LANDSCAPE Mar Indscp maint:sprts pks 44,371.22 Mar Indscp maintsouth slopes 34,124.40 Mar Indscp maintnorth slopes 29,372.80 Mar Indscp maint medians 11,307.00 Mar Indscp maintvar city sites 8,336.11 Irrigation repairs: TCC 186.26 127,697.79 115148 04/12/2007 009953 FEDERAL CLEANING Apr cleaning svcs:pd mall storefront 400.00 400.00 CONTRACTORS 115149 04/12/2007 000165 FEDERAL EXPRESS INC 3/21-3/27 Express mail services 167.14 167.14 115150 04/12/2007 000795 FRED PRYOR SEMINARS- MMPP&D conf 5/1 0 Ontario PapplWest 198.00 198.00 CAREERTRAC 115151 04/12/2007 004514 G T S I CORP Panasonic Toughbooks:info sys 17,047.84 17,047.84 Page:3 apChkLst Final Check List Page: 4 04/1212007 8:44:04AM CITY OF TEMECUlA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115152 04/12/2007 003815 GFB FRIEDRICH & ASSOCIATES Feb design svcs:deportola rd 4,821.64 4,821.64 INC 115153 04/12/2007 010881 GLASS IllUMINATIONS INC 50% dep back Igts:libry glass display 8,112.79 8,112.79 115154 04/12/2007 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Fire Dept 1,762.72 INC Office supplies: PW 1,500.57 Office Supplies: City Clerk 432.79 Office Supplies: RDA 348.49 Office Supplies: Planning 292.06 Office Supplies: GIS & Info Sys 234.83 Office Supplies: Central Svcs 119.22 Office Supplies: B&S 108.63 Office Supplies: Finance 96.44 Office Supplies: TV Museum 83.23 Office Supplies: TCC Fire 77.58 Office supplies: HR 65.75 Office Supplies: Records Mgmt 63.22 Office Supplies: Theater 46.82 Office Supplies: CRC 10.32 5,242.67 115155 04/12/2007 005947 GOLDEN STATE OVERNIGHT 3/5-3/15 Express Mail Svc:Fire Prey 46.18 3/20 Express Mail Svc:Fire Prey 14.67 60.85 115156 04/12/2007 010912 GONZALEZ, ROSA Refund:Rental CRC 8/19/07 779.00 779.00 115157 04/12/2007 010850 GRANDPAWS FARM Pony Rides 07 Bluegrass Festival 250.00 250.00 115158 04/12/2007 005157 GUERRIERO, RON Reimb:Planner's Institute Cf:3121-22 63.76 63.76 115159 04/12/2007 000186 HANKS HARDWARE INC Hardware supplies: PW Maint 316.28 Hardware supplies: Ch museum 118.08 Hardware supplies: City Hall 61.50 Hardware supplies: PW Traffic 36.78 532.64 115160 04/12/2007 007466 HARRIS, THERESA Reimb:CALBO ABM Cf:3/13-14:Sacr. 122.15 122.15 115161 04/12/2007 010916 HARTER, STANLEY Reimb:Planner's Institute Cf:3121-22 177.71 177.71 115162 04/12/2007 004811 HEWLETT PACKARD Reverse 911 Equip:Library 8,642.82 8,642.82 115163 04/12/2007 003198 HOME DEPOT, THE Hardware Supplies: TCSD 66.81 Hardware Supplies: TCSD 26.68 Hardware Supplies: TCSD 8.57 102.06 Page:4 apChklst Final Check List Page: 5 04/1212007 8:44:04AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115164 04/12/2007 001517 HORIZON HEALTH Apr Employee Assistance Pgm 893.20 893.20 115165 04/12/2007 004406 IGOE & COMPANY INC Mar flex benefit plan pmt 425.00 Adj:Mar Pymt (1) add'l participant 7.50 432.50 115166 04/12/2007 006713 INTEGRATED MEDIA SYSTEMS 40% dep equip automated broadcast 5,061.18 40% dep tv equip rack:info sys 518.72 5,579.90 115167 04/12/2007 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals:crc 224.66 INC Pool sanitizing chemicals:crc 142.28 366.94 115168 04/12/2007 006924 INTL MUNICIPAL SIGNAL ASSOC. Certification Renewal:J.Oldham 20.00 20.00 115169 04/12/2007 000750 INTOXIMETERS INC Repair/maint equip:police 320.59 320.59 115170 04/12/2007 010095 JEWELL FENCE COMPANY Res Impr Pgm:Fence Repair labarrie 1,000.00 1,000.00 115171 04/12/2007 000820 K R W & ASSOCIATES Mar plan ck svcs: PW 2,835.00 2,835.00 115172 04/12/2007 010913 KEATING, LISA Ref:TracklField#1401.101 Hunter 100.00 100.00 115173 04/12/2007 002789 KIMCO STAFFING SERVICES INC Temp help PPE 4/1/07 Kodani, K 606.10 606.10 115174 04/12/2007 006744 LAMAR CORPORATION, THE Apr billboard advertising: RDA 3,130.00 3,130.00 115175 04/12/2007 000482 LEIGHTON CONSULTING INC Nov-Mar Design Svcs:Civic Ctr 1,952.00 1,952.00 115176 04/12/2007 006284 LEWIS & LEWIS ENTERPRISES Equipment Repair:Police 471.03 471.03 115177 04/12/2007 003726 LIFE ASSIST INC Medical Supplies: Paramedics 3,525.99 Medical Supplies: Paramedics 2,636.31 6,162.30 115178 04/12/2007 000394 MAINTENANCE Admin Day registr:PW Staff 4/26 260.00 260.00 SUPERINTENDENTS 115179 04/12/2007 000394 MAINTENANCE MSA trngll:rade show:PW Maint 5/24 120.00 120.00 SUPERINTENDENTS PageS apChkLst Final Check List Page: 6 04/1212007 8:44:04AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115180 04/12/2007 004141 MAINTEX INC custodial supplies:crc 433.21 custodial supplies:library 365.06 custodial supplies:City Hall 265.60 custodial supplies:C. Museum 239.89 custodial supplies:Old Town 219.03 1 ,522.79 115181 04/12/2007 000217 MARGARITA OFFICIALS ASSN Mar softball officials svcs:Sports Prgm 3,630.00 3,630.00 115182 04/12/2007 002693 MATROS, ANDREA TCSD Instructor Earnings 91.00 TCSD Instructor Earnings 45.50 136.50 115183 04/12/2007 010148 MCLANE, PEGGY reimb:MPSC supplies 79.94 79.94 115184 04/12/2007 006571 MELODY'S AD WORKS event marketing svcs:Old Town 1,000.00 Reimb Expenses:Old Town Events 17.55 1,017.55 115185 04/12/2007 010918 MENZIMER, KRISTAL reimb:CRC Prgms Supplies 58.65 58.65 115186 04/12/2007 004894 MICHAEL BRANDMAN 10/26/07-12/31/06 svcs: Pech. Pkwy ph2 2,041.25 2,041.25 ASSOCIATES 115187 04/12/2007 001384 MINUTEMAN PRESS Stationery & Printing Svcs:Fire Prevo 209.32 209.32 115188 04/12/2007 010886 MISSION SAN JUAN CAPISTRANO excursion:recreation prgm 5/16/07 175.00 175.00 115189 04/12/2007 003135 MOORE WALLACE task force citations:PoIice 819.61 819.61 115190 04/12/2007 007011 MORRIS MYERS MAINTENANCE Mar restroom janitorial svcs:Parks 5,815.00 5,815.00 115191 04/12/2007 002925 NAPA AUTO PARTS City vehicle supplies:Fire Stn 12 82.32 City vehicle supplies:Fire Stn 12 14.00 96.32 115192 04/12/2007 010244 NO LIMITS SILK SCREEN Lifeguard uniforms:aquatics pgrm 1,766.90 1,766.90 115193 04/12/2007 002139 NORTH COUNTY TIMES Feb advertising:cultural art events 1,464.42 Mar advertising:bluegrass festival 1,103.52 Mar Various Recruitment Ads:H.R. 686.70 Mar advertising:TCSD special events 492.40 Mar public ntcs:City Clerk/Pin 320.76 credit:Feb ad not run/cultural arts -210.00 3,857.80 115194 04/12/2007 009570 o C B REPROGRAPHICS dup blueprints:R.C.Rd \l\lidening 71.37 71.37 Page:6 apChkLst Final Check List Page: 7 04/1212007 8:44:04AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115195 04/12/2007 003964 OFFICE DEPOT BUSINESS SVS misc office supplies:PoIice aT. 162.10 162.10 DIV 115196 04/12/2007 006721 OFFICEMAX - A BOISE COMPANY misc office supplies:Finance 162.37 misc office supplies:TCSD 111.56 misc office supplies:Finance 32.75 credit:items returnedfTCSD -37.19 credit:items returned/Finance -49.57 credit:items returnedfTCSD -74.37 145.55 115197 04/12/2007 002734 P V P COMMUNICATIONS INC Motorcycle Helmet:PoIice 480.11 480.11 115198 04/12/2007 007721 PARADISE POOL Refund:dupl business license 35.00 35.00 CONSTRUCTION INC 115199 04/12/2007 002099 PASCOE MANAGEMENT LLP Apr Old Town Restroom Lease 826.00 826.00 115200 04/12/2007 004538 PAULEY EQUIPMENT COMPANY heavy equip rental: parks 252.40 252.40 115201 04/12/2007 002331 PEP BOYS INC misc. partslsupplies:PW Maint 43.09 43.09 115202 04/12/2007 000249 PETTY CASH Petty Cash Reimbursement 368.40 368.40 115203 04/12/2007 001999 PITNEY BOWES postage mtr ink cartridges:Fire Stn 84 246.17 246.17 115204 04/12/2007 010910 PREBLE, JOHN refund:lntrofTrack & Field-Jacob/Lauren 200.00 200.00 115205 04/12/2007 000254 PRESS ENTERPRISE COMPANY Mar various recruitment ads:H.R. 3,345.21 3,345.21 INC 115206 04/12/2007 006613 PROJECT MANAGEMENT membership: Amer Attar/#96555 119.00 119.00 INSTITUTE 115207 04/12/2007 001416 QUICK CRETE PRODUCTS INC 2 Picnic Tables: PHBSP 10,076.78 10,076.78 115208 04/12/2007 002012 R D 0 EQUIPMENT COMPANY City backhoe repair/maint:PW Maint 1,066.52 1,066.52 115209 04/12/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 13,392.64 Various PWWater Meters 928.29 Various Fire Water Meters 237.70 Various RDA Water Meters 116.89 14,675.52 Page:? apChkLst Final Check List Page: 8 04/1212007 8:44:04AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115210 04/12/2007 002654 RANCHO FORD LINCOLN refund:deposit/26895 Ynez Rd 995.00 995.00 MERCURY 115211 04/12/2007 004584 REGENCY LIGHTING Mar electrical supplies:City Facilities 2,002.85 2,002.85 115212 04/12/2007 003591 RENES COMMERCIAL street maint of City R-O-Ws:PVI/ 5,250.00 5,250.00 MANAGEMENT 115213 04/12/2007 010909 REYES, L1GAYA refund:sec.depositfTCC 3/24107 150.00 150.00 115214 04/12/2007 010917 RICHARDSON, PATRICK reimb:interview panel 4/4/07 87.63 87.63 115215 04/12/2007 000406 RIVERSIDE CO SHERIFFS DEPT Triathlon 3/25/07:law enforcement 5,554.97 5,554.97 115216 04/12/2007 000406 RIVERSIDE CO SHERIFFS DEPT SOS Rally 3/18/07:law enforcement 1,379.57 1,379.57 115217 04/12/2007 000271 ROBERT BEIN VVM FROST & Feb consulting svcs:civic center 6,452.05 ASSOC Feb Consult Svcs:I-15179s Ult. Intrchg 4,632.46 11,084.51 115218 04/12/2007 005842 RODECKER, ERIC Reimb:CALBO ABM Cf:3/13-15:Sacr. 142.47 142.47 115219 04/12/2007 008739 ROSE CITY LABEL public safety educ.supplies:Fire Prey 339.38 339.38 115220 04/12/2007 010336 ROSSINI, SUSAN Reimb:CALBO ABM Cf:3/13-14:Sacr. 28.91 28.91 115221 04/12/2007 009542 SO S SURVIVAL PRODUCTS Trailer supplies:Tem.Citizens Corp 1,575.94 1,575.94 115222 04/12/2007 010089 SECURITAS SECURITY SRVCS 3/23-29/07 Security Srvcs:Fire Stn 95 1,357.96 1,357.96 USA 115223 04/12/2007 009213 SHERRY BERRY MUSIC Music Periormance 4/5/07 1,372.00 1,372.00 115224 04/12/2007 010745 SHERWIN WILLIAMS painting supplies:harveston lake park 34.43 34.43 115225 04/12/2007 004609 SHREDFORCE INC Mar doc. shredding svcs:Rcrds Mgmt 110.00 Mar doc.shredding svcs:PD OT strirnt 32.50 Apr doc. shredding svcs:PD Mall Strirnt 24.00 Apr doc. shredding svcs:CRC 22.50 189.00 115226 04/12/2007 001544 SKANSKA USA CIVIL WEST Feb prgs #7:Educ. ctr grading 232,681.92 232,681.92 Page:8 apChkLst Final Check List Page: 9 04/1212007 8:44:04AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115227 04/12/2007 000645 SMART & FINAL INC misc supplies:spring egg hunt 2,286.29 misc supplies:spring egg hunt 366.21 recreation supplies:MPSC 163.30 misc supplies:mpsc pgrms 99.74 2,915.54 115228 04/12/2007 000537 SO CALIF EDISON Mar 2-05-791-8807 various mtrs 9,985.28 Mar 2-02-351-5281 CRC 3,453.29 Mar 2-27-805-3194 Theater 2,687.61 Mar 2-20-798-3248 C. Museum 901.05 Mar 2-10-331-2153 TCC 726.48 Apr 2-28-583-2937 Hwy-79 PED 15.92 17,769.63 115229 04/12/2007 007851 SOUTH COAST HEATING & AIR Hvac Rpr/Compressor Unit: Maint Fac 2,249.00 HVAC Repair: City Hall 3/13/07 210.00 Hvac Trblshoot Unit 2-4:City Hall 210.00 2,669.00 115230 04/12/2007 000293 STADIUM PIZZA INC rirshmnts:CRC youth prgm 4/2 55.92 rirshmnts:CRC youth prgm 3/30 54.84 110.76 115231 04/12/2007 006145 STENO SOLUTIONS Mar Transcription Srvcs: Police 1,260.16 1,260.16 TRANSCRIPTION 115232 04/12/2007 003840 STRONGS PAINTING Repair & Maint @ Fire Stn 84 2,800.00 2,800.00 115233 04/12/2007 002651 SUN BADGE COMPANY City badge:park ranger 81.08 81.08 115234 04/12/2007 008804 SYMPROINC Sympro software mntc 6/1/07-5/31/08 4,051.13 4,051.13 115235 04/12/2007 010215 T & T JANITORIAL Mar janitorial srvcs:TCC 708.00 708.00 115236 04/12/2007 010725 T S A STORES INC T.C.C. CERT supplies 2,515.50 2,515.50 115237 04/12/2007 005274 TELESIO, JOHN Reimb:Planner's Institute Cf:3/21-22 78.74 78.74 115238 04/12/2007 000310 TEMECULA CREEK INN INC refund:eng deposit/Golf Cart Barn 995.00 995.00 115239 04/12/2007 010920 TEMECULA HAMPTON refund:deposit/28190 Jefferson Ave. 995.00 995.00 INN/SUITES 115240 04/12/2007 010046 TEMECULA VALLEY Jan '07 Bus. Imprv District Asmnts 42,961.79 42,961.79 CONVENTION & 115241 04/12/2007 003598 TEMECULA VINTAGE SINGERS Classical Miniatures production 4/7/07 38.65 38.65 Page:9 apChkLst Final Check List Page: 10 04/1212007 8:44:04AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115242 04/12/2007 010919 TEMEKA ADVERTISING, INC refund:deposit/42380 Zevo Drive 995.00 995.00 115243 04/12/2007 010911 THOMPSON, JESSICA refund Tiny Tots 1045.501 56.00 56.00 115244 04/12/2007 010276 TIME WARNER CABLE 4/10-5/9 high speed internet City Hall 156.02 156.02 115245 04/12/2007 010921 TRICOPOLlS RECORDS MC work/Bluegrass Festival 3/17-18 150.00 150.00 115246 04/12/2007 009912 U R S CORPORATION 1/12107-3/9/07 Eng Svc:W.Bypass Ph1 19,207.05 19,207.05 115247 04/12/2007 002706 US POSTAL SERVICE Delivery Stat.Retrieval Software:Cty Mgr 75.00 75.00 115248 04/12/2007 010915 UNITED CHRISTIAN CHARITIES refund:sec.deposit/CRC 3/17-18 150.00 150.00 115249 04/12/2007 006807 VANIR CONSTRUCTION Feb cnstr mgmt/inspection:W.C.Fire Stn 19,075.73 19,075.73 115250 04/12/2007 004261 VERIZON Mar xxx-8900 GIS Library 776.50 Mar xxx-7530 GIS Library 463.14 Mar xxx-5509 general usage 146.97 Mar xxx-1540 Old Town Prk Lot 89.69 Mar xxx-0049 general usage 44.75 Marxxx-1999 general usage 38.00 Mar xxx-6620 general usage 31.97 1,591.02 115251 04/12/2007 004279 VERIZON CALIFORNIA INC. Mar access-(EQN) C. Mus.phone line 648.77 Mar access-(E05) CRC phone line 351.04 999.81 115252 04/12/2007 010193 WOOLSTENHULME, LUCIA TCSD Instructor Earnings 175.35 175.35 Grand total for UNION BANK OF CALIFORNIA: 710,792.75 Page:10 apChkLst 04/1212007 8:44:04AM Final Check List CITY OF TEMECULA Page: 11 147 checks in this report. Grand Total All Checks: 710,792.75 Page:11 I~-- . , II ITEM NO.3 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~ iJll ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: April 24, 2007 SUBJECT: Tract Map No. 33891, Located North West of Margarita Road & Dartolo Road PREPARED BY: Chris White, Assistant Engineer - Land Development RECOMMENDATION: That the City Council approve 1) Tract Map NO.33891 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement and accept the Bonds as security for the agreement, and 3) Subdivision Monument Agreement and accept the Bond as security for the agreement. BACKGROUND: Tract Map No. 33891 is a one (1) lot subdivision located North West of Margarita Road and Dartolo Road. The map contains one (1) lot for condominium development project. Certain street improvements associated with the development of this map are required. The survey monuments are required to be set. On May 17, 2006 the Planning Director approved Tentative Tract Map No. 33891. The owners of the property: PCG Margarita, L.P., A California Limited Partnership 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. The site is currently vacant. FISCAL IMPACT: None ATTACHMENTS: 1. Development Fee Checklist 2. Fees & Securities Report 3. Project Vicinity Map 4. Tract Map No. 33891 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TRACT MAP NO. 33891 Staff reviewed the following fees relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) This fee will be collected prior to issuance of grading permits. Development Impact Fee This fee will be collected prior to issuance of building permits. CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 33891 DATE: April 24, 2007 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 541,000.00 $ 270,500.00 Water $ 14,000.00 $ 7,000.00 Sewer $ 38,000.00 $ 19,000.00 TOTAL $ 593,000.00 $ 296,500.00 Monumentation $ 3,000.00 DEVELOPMENT FEES RCFC&WCD (ADP) Fee $ Paid Development Impact Fee $ *TBD SERVICE FEES Planning Fee $ 616.00 Fire Fee $ 225.00 TCSD Fee $ 1,070.00 Plan Check Fee $ 3,176.00 Monumentation Inspection Fee $ 300.00 Fees Paid to Date $ 4,817.00 Balance of Fees Due $ 570.00 *To Be Determined 1-1 ~ ..., o~ ~iiS \~\ \ ~i- ~'?' ~<v~ ~-{, <:(~ o\>-.\) ~ ~~ G~~ ~~~ o . ....J C\ . o 0:::: (f) I;::; (j) '0 g l'- 0- 0 \ . uJ I-- >- ....... 0:::: $: I---' <( I C\ / LD ~ Q.., <C ~ IJJ >-1- t--i - Z - o - > ; " . '0 ~~e I"~ ~ : ol;! I ~I ~ is ~~ 5 ~ ~~ ~ I, ~ '." ~g " "" a ! J 5~ S : 1~5 ~; ~m ~ "".~.bd& ~" <( _.c ~ ..-- ~~ u... 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IJI~33R~18~R8RRJllII I;~~~~~ ;~~itt ~ ~ . ~~ -, ,c- Qi - !3 l! 9EleElElE>ElE>@@@@@@ I~-- . , II ITEM NO.4 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~ IJ~ au..- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: April 24, 2007 SUBJECT: Acceptance of certain Public Streets into the City-Maintained System within Tract Map No. 29305 (located east of Pechanga Parkway and south of Wolf Valley Road within the Wolf Creek Subdivision) PREPARED BY: Dan York, Deputy Public Works Director/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 29305) BACKGROUND: Tract Map No. 29305 was recorded by the County Recorder on April 5, 2005. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the map. The City Clerk accepted the offers of dedication. Public Works Staff reviewed and inspected the public improvements and all required repairs and replacements were satisfactorily completed. However, the one-year Warranty Bonds and Labor and Materials Bonds have not been released. The Warranty Bonds will be released at the end of the one-year period in April 200 7. The Labor and Materials Bonds will be released six months into the one-year warranty period in October, 2007. The public streets now being accepted by this action are as follows: Wolf Creek Road South, and portions of Pechanga Parkway and Deer Hollow Road. FISCAL IMPACT: Periodic surface and / or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 07 - with Exhibits "A - B" inclusive. EXHIBIT "A" TO RESOLUTION NO. 2007 - Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Maps 29305 into the City-Maintained Street System as described as follows: 1. Lot "A" (Wolf Creek Drive South) of said Tract Map No. 29305 2. Lot "B" (a portion of Pechanga Parkway) of said Tract Map No. 29305 3. Lot "C" (a portion of Deer Hollow Road) of said Tract Map No. 29305 4. Lot "D" (a portion of Pechanga Parkway) of said Tract Map No. 29305 5. Lot "E" (a portion of Pechanga Parkway) of said Tract Map No. 29305 RESOLUTION NO. 07-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT MAP NO. 29305) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, On April 5, 2005, the Counly Recorder recorded Tract Map No. 29305 in which an offer of dedication for street and public utility purposes was accepted by the City of Temecula from Wolf Creek Development, LLC; and, WHEREAS, City Public Works Staff reviewed and inspected the public improvements and all repairs and replacements were satisfactorily completed; and, WHEREAS, Only the Warranty Bond and Labor and Material Bond pertaining to this tract have not been released; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City-Maintained Street System the streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED by the Cily Council of the City of Temecula this 24th day of April, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEALl STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, Cily 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 24th day of April, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" TO RESOLUTION NO. 2007 - Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Maps 29305 into the City-Maintained Street System as described as follows: 1. Lot "A" (Wolf Creek Drive South) of said Tract Map No. 29305 2. Lot "8" (a portion of Pechanga Parkway) of said Tract Map No. 29305 3. Lot "C" (a portion of Deer Hollow Road) of said Tract Map No. 29305 4. Lot "D" (a portion of Pechanga Parkway) of said Tract Map No. 29305 5. Lot "E" (a portion of Pechan9a Parkway) of said Tract Map No. 29305 ..... o o N o Zit) ZOD.. O~<C i=N~ ::J . >- ...JOI- OZ_ Cl)1-~ W~() a::: a::: > 121- m I- gj J: >< W I ~ I t && 55 . I;: i . ! i ~ ! t': ! i :: ~.. '. " Ie: "', I:l '. ili. ,>, 9 ,.,.' "'" ................,.. "., '. 1/1 ..............._. ./ 9 '7 i ./ . ! 9 i ..j . ri 9 '" .. ) ~ ili '" I~-- . , II ITEM NO.5 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager J#.('" /}~ ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: April 24, 2007 SUBJECT: Pavement Rehabilitation- STPL Project, Project No. PW06-14 Professional Engineering Design Services Agreement PREPARED BY: Greg Butler, Principal Engineer Kavon Haghighi, Project Manager RECOMMENDATION: That the City Council: 1. Approve an agreement with Harris and Associates in an amount of $136,764.00 to provide professional engineering design services for Project No. PW06-14, and authorize the Mayor to execute the agreement. 2. Authorize the City Managerto approve Extra Work Authorizations notto exceed the contingency amount of $13,676.00, which is equal to 10% of the agreement amount. BACKGROUND: The Pavement Rehabilitation STPL Project is identified in the City's Capital I mprovement Program Budget for FY2006-2011. Based upon the City's current Pavement Management System and federal funding requirements, the segment at Rancho California Road between Ynez Road east to the City limits will be analyzed. A priority list of recommended rehabilitation areas will be created and the improvements will follow the priority list. Depending on the location and the reason for the pavement failure, the project will address surface paving, base or sub grade issues. Request for proposal No. 152 to provide professional engineering services was sent to over 70 firms. Staff received 18 proposals. A short list including the following firms was created and interviews were conducted. Harris & Associates Dokken Engineering Kimley-Horn and Associates San Diego San Diego San Diego The firms were ranked as shown. Based on their submitted proposal and subsequent interview, staff determined that Harris & Associates was the most qualified consultant. Harris & Associates has successfully performed similar projects in the past. Staff has negotiated a scope of work and an equitable fee with Harris & Associates for the professional engineering design services. FISCAL IMPACT: The Pavement Rehabilitation STPL Project is a Capital Improvement Program Project funded through Measure A and STPL Federal funds. The design cost is $136,764.00, plus 10% contingency amount of $13,676.00. Adequate funds are available in the project account No. 210-165-657-5802. ATTACHMENTS: 1. Agreement 2. Project Location 3. Project Description RFP No. 152 Rancho California Road Pavement Rehabilitation Project Location Map Rancho California Road Pavement Rehabilitation Project from Ynez Road Eastbound to the City Limits Project No. - PW06-14 I~ I I, A SFRFNA W'{ \ / Project Limits ~- ..k NORTH r ..... ..09,9,000 _0__000 e~OOOOOO ~ ~_ "f5 0 \lS 0 0 M ~g.oOO\OVltncn Qg,.-lr-~'- ~.... u8 N '" ~fAri:FtV7fFjfA '0 .~ '" ""' o .g is ;::::: .~ ~ .g ... ~ '" ~ .... ~ q l? .~ ol ... ., g t<l ,1!. <.> '" 1il oO $ '-' Oll .$ VA 8 ..... 0 .,..,\5.. -0,...., . LClcd~ \0 ~.~ .- .,oO ogC .-< "'~ NO"'" ~.%~ . it) ~ ce :::>~... g'+-ie 0..8 r./J <t;~~ 1 0'..-'; JA ,$ ~ '0;:: 0" ~.~ <a <.>U.:a $'~~ :;j 0 e P-<~~ oO g ~ ~ ~ ~ ., g C ~ i:i .... g 'C ~ ., ~ p. " .~ <.> $ ""' :t '" '6 'C 6 ,1!. 'p'- .\:! oO g % "ii) t oO ~ !d. .g ~ " a oO s '" .... '" \'J , il ;:; Po g e ' .~ 0 ID '" <.> '6b ~ tin l1) ~.a ~ uP~ ~ ~ p.. ~ ~ p.. ~ \ ~ ..... ~ ~ ..;l ~ ~ f-< ~ S p.. z ~ ;..; ~ {,J ~ l:\ ;..; {,J ~ o ~ :,; ';l .... f-< U '" ..- '" .... p.. :,; ~ .., 't .~ .'" ... e! p..P ~ '" ....g '1$.... ~p.. j:l"iS ~ ol P- ol g poo ~~ .:. ... ~ ~\ i\ ~~ ~ <:> ... \\ \\ \\ 000 QClgg8 c:roo...o t-I.()OI.O <:>'-<<- ~ c4 ~~iF> o o o -D .-< "" c4 ~ o o ~~ ",,<<> <:> o ... .\:! ;::0 .~ g oM ,,~ e~ P-< :;~ ~p <($ ~ ~ '" u 't '" ..- '" .... ~~ ~-a ","6 ~~ 000 000 000 00...0 .,..,,,,.-< .-< M ~ ~~~ \ OO~\\ ooot ~~~'\ .-<M<<> "<tr-'-< ~ ~~~ .~ g 'bh g &i ..,; ... '" C .., 'd 0 0 Q l:l '~ .p " 'aB~Sb~'" 'a ~'a .~ .1:1 ~ "'300"~0 ....uuOIill-' 00 '" p '" ~ \:j,bh '" Q <coO;.;:) " ,~g \3_1>-< <c\'J,..l~ 7.~~~ ~ 8:S ~! o ''is ol '" ~ " .. s '" Q ~(fl AGREEMENT FOR PROFESSIONAL ENGINEERING DESIGN SERVICES BETWEEN THE CITY OF TEMECULA AND HARRIS & ASSOCIATES PAVEMENT REHABILITATION - STPL PROJECT PROJECT NO. PW06-14 THIS AGREEMENT is made and effective as of April 24, 2007, between the City of Temecula, a municipal corporation ("City") and Harris & 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 April 24, 2007, and shall remain and continue in effect until tasks described herein are completed, but in no event later than April 24, 2008, 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. PERFORMANCEConsultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of 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, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. A. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit 8, 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 8 other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Thirty Six Thousand Seven Hundred Sixty Four Dollars and No Cents ($136,764.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. 1 R:ICIPIProjectsIPW06-14\AgreementsIHarris & Assoc Agrmt PW06-14 B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement but in no event shall the total sum of the agreement exceed twenty -five thousand dollars ($25,000.00) or the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5. 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. 2 R:ICIPIProjeclsIPW06-14\AgreemenlsIHarris & Assoc Agrml PW06-14 8. OWNERSHIP OF DOCUMENTS. A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly 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. A. Indemnity for Professional Services. In the connection with its professional services, Consultant shall defend, hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, to the proportionate extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub-consultants, or agents to the proportionate extent arising out the negligence of Consultant in the performance of its professional services under this Agreement. Consultant shall defend the Indemnities in any action or actions filed in connection with any such claims, and shall pay all reasonable costs and expenses, including actual attorney's fees, incurred in connection with such defense. B. Other Indemnities. In connection with all claims not covered by Paragraph A, Consultant shall defend, hold harmless and indemnify the City, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, to the proportionate extent arising out of, pertaining to, or relating to the negligence of Consultant in the performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such claims, and shall 3 R:ICIPIProjectsIPW06-14\AgreemenlsIHarris & Assoc Agrmt PW06-14 pay all reasonable costs and expenses, including actual attorney's fees, incurred in connection with such defense. 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 Scone of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) aggregate Professional Liability coverage: One million ($1,000,000) per claim and in C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4 R:ICIPIProjectsIPW06-14\AgreementsIHarris & Assoc Agrmt PW06-14 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 designated 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. 2.) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. F. Verification of Covera~e. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. 5 R:ICIPIProjectsIPW06-14\AgreementsIHarris & Assoc Agrmt PW06-14 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 RESPONSIBILlTIEli. 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. 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 6 R:ICIPIProjeclsIPW06-14IAgreemenlsIHarris & Assoc Agnnt PW06-14 To Consultant: Harris & Associates 750 B Street, Suite 1800 San Diego, California 92101 Attention: Ehab Gerges, Project Manager 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses 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 R:ICIPIProjectsIPW06-14\AgreementsIHarris & Assoc Agnnt PW06-14 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 CONSULTANT: Harris & Associates 750 B Street, Suite 1800 San Diego, CA 92101 (619) 236-1778 Fax: (619) 236-1179 Ehab Gerges, PE, Associate Javier Saunders, Regional Manager [Signatures of Two Corporate Officers Required] 8 R:ICIPIProjectsIPW06-14\AgreementsIHarris & Assoc Agrmt PW06-14 EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL ENGINEERING DESIGN SERVICES PAVEMENT REHABILITATION - STPL PROJECT PROJECT NO. PW06-14 9 R:ICIP\ProjectsIPW06-14\AgreementsIHarris & Assoc Agnnt PW06-14 February 22, 2007 .. .. Harrls & Associates Mr. Kavan Haghighi, Project Maqager City of Temecula 43200 Business Park Drive Temecula, CA 92589-9033 Program Managers Construction Managers Civil Engineers RE: Proposal to Provide Professional Engineering Services for Rancho California Road Pavement Rehabilitation Project. RFP No. 152 Dear Mr. Haghighi: Providing high quality design services to public works agencies is a Harris & Associates specialty. It is critical that the selected consultant possess in-depth experience, knowledge, and understanding of your important project. We have thoroughly reviewed the City's RFP, visited the project site, obtained copies of record drawings for the project area, and discussed the project with City staff to be familiar with the project's background and the City's expectations and.goals. We realize that the City's goals for this project are: · Evaluate most economic rehabilitation methods (overlay, replacement etc.) to achieve 20-year pavement life. · Address pavement resurfacing at existing raised median curbs · Address project impact on existing shallow underwound utilities · Address traffic control and construction phasing along this heavy traveled corridor · Address existing ADA conformance of existing ramps · Complete and deliver PS&E for submittal to Local Assistance Engineer at Caltrans, to secure Federal Funds. Our approach will be to work with City staff; members of the community, and all other agencies to provide preliminary design through PS & E that will best serve the project users. We have assembled a team of professionals with outstanding qualifications who have worked successfully with similar projects. Our Project Manager, Ehab Gerges, PE, will serve as the single point-of-contact. Mr. Gerges brings 17 years of professional experience in public works design. He has managed and designed a wide variety of public works projects including sewer and water improvements, storm drain, sound walls, site development, pavement rehabilitation, and ~treet widening. We propose the following sub-consultants, as part of the Harris team: . LOR Geotechnical Group- Geotechnical Investigation . Right-of-Way Engineering - Surveying. · Underwound Solutions - Utility Potholing Your project will receive experience, versatility, responsiveness and flexibility. Your assurance of a committed team comes from dedication to a strong, intewated approach, and you will directly benefit form the person attention of the Harris team, as well as the depth and experience of the firm. ' All of the individuals named in the proposal are ready to commit to begin work upon Notice to Proceed. Harris & Associates have reviewed the City's Standard Professional Services aweement and, if sele_cted, will execute the aweement. We are excited about the opportunity to work with the City ofTemecula on this exciting project. Should you have any questions, please feel free to call me at (619) 236-1778. ~~ Ehab Gp~. OJ.>!. - Associate/Design Manager MJ Je ey M. Cooper, FE . '3:3.3 Project Director/Senior Vice President 750 B Street, Suite 1800 San Diego, California 92101 619.236.1778 FAX 619.236.1179 sandiego@harris-assoc.com .#= ~.r.:l.. iI!3 V /D a o ::s ... l€ ,., !:l o ::s r-.; '(. l.I R ,., .. 5 II ~ ~. ..(" .n '." r~, I:' ; a :. :l [Pol t: " ~'~ ;; .';. ,\... -~ if ,. [ Scope of Services Task 1.0 Project Management 1.1 Progress and Review Meetings We will schedule and attend kick-off and, monthly progress meetings through the duration of the project. We have included six (6) meetings with City staff to review project progress and discuss the design and related issues. 1.2 Quality Review Perform quality control and quality assurance review prior to all submittals to the City to ensure all project elements are addressed. Task 2.0 Preliminary Investigation 2.1 Field Survey I. Provide centerline and RIW for the project corridor and side streets based on record data orientated to points tied in the field. The information would be in an assumed coordinate system, rotated to one of the main record maps. We will utilize the City provided aerial photos to prepare base sheets. No aerial mapping is included in the scope of work. 2. No lot lines, addresses, APN numbers, topo information, NAD 83 ties or utilities will be provided. Utilities will be mapped from record drawings and visually verified in the field. 3. Provide a record of existing survey monuments within the project limits based on visual inspection. 2.2 Geotechnical Investigation . Research and review of available data developed for the roadway by the City and any additional reports prepared for the roadway by other consultants will also be reviewed, if provided. . Obtain a no fee permit from the City of Temecula for work in the street (if required). . Provide a visual survey of the surface conditions of the asphalt concrete pavement throughout the roadway using a standard rating system. . Perform a total of 30 borings for the roadway. This represents asphalt concrete coring in the subject roadway at approximate 1,000-foot intervals to obtain existing pavement section thicknesses and to obtain samples of the supporting base and sub grade soil. 20 borings within the eastbound lanes and 10 borings within the westbound lanes will be placed at selected representative locations within the roadway. . Repair all boring locations with cold patch asphalt concrete mix and hot mix AC for holes large than 4-inch diameter. . Test selected samples ofthe sub grade soil to determine the quality of these supporting soils. Sieve analysis and sand equivalent tests will be conducted for each sub grade soil sample and will be used to assess the consistency ofthe materials obtained. R-value tests will then be conducted on selected samples to determine the R-value strength quality within each roadway area. All tests will be conducted at LOR's laboratory which is Caltrans Certified in proficiency to conduct the necessary testing. . Evaluate all data developed and formulate cost effective recommendations to rehabilitate the subject roadway to meet the current traffic index requirement. . Prepare a detailed Pavement Evaluation Report presenting our findings, conclusions, and recommendations. 2.3 Base Mapping Utilizing the CIL information and aerial photo provided by the City, we will prepare base maps for the proposed improvements. Base maps will be prepared in plan only format at a horizontal scale of 1"= 40'. Base maps will include roadway center lines, right-of-way based on APN maps, manholes, valves and underground utilities. All base maps will be prepared in AutoCAD. The City will prepare and mail initial utility notification to all utility companies that have facilities within the project limits, requesting copies of their maps, and plans of their existingJacilities that could be impacted by the project. 2.4 Data Gathering and Site Visit Harris staff will gather all available record plan information from the City pertinent to the design ofthe project. In addition, Harris staff will conduct field review and inventories within the project limits. 2.5 Utility Potholing Vacuum-extraction potholing of existing utilities that are potentially in conflict with the proposed improvements will be performed by Underground Solutions our subconsultant, at our direction. We have included fourteen (14) potholes in our fees. Task 3.0 Conceptual Design (30% Design Submittal) 3.1 30% Design Improvement Plans Prepare 30% design plans depicting the proposed improvements. The design will include: . Alternative methods for rehabilitation of existing pavement. . Identifying surface and subsurface utilities impacted by the proposed improvements. . Typical sections. . Provide ADA memo regarding the status of existing access ramps. . Traffic control and access recommendations. . Evaluate location of advanced traffic loops within the corridor. . Identifying potential private and public improvements affected by the proposed improvements. . A list of items requiring City feedback, along with Harris' associated recommendations. 3.2 30% Preliminary Probable Constrnction Cost Estimate Quantities will be determined from the 30% plans; and preliminary estimates of probable construction costs for the proposed improvements will be prepared based upon those quantities. Cost estimate will be prepared in spreadsheet format using unit costs from Harris' extensive bid tabulation history database, as well as, from recent City bid results on similar types of work. Task 4.0 Preliminary Design (70% Submittal) 4.1 Roadway Rehabilitation Plans We will prepare preliminary 70% plans for review by City staff. We anticipate preparing plans utilizing AutoCad Version 2005 on standard 24" x 36" (D-size) sheets using standard City title block. All utility notifications and coordination will be conducted by the City. 4.2 Signing and Striping Plans We will prepare preliminary signing and striping plans within project limits. Signing and striping plans will also include all proposed traffic loop modification within project limits. 4.3 Construction Staging and Traffic Control Plans We will prepare necessary plans for proposed traffic control, stage, and construction staging plans. We anticipate that typical lane closures and traffic control details will be required. Additional traffic control plans will also be prepared at major intersections and areas of concern. 4.4 Storm Water Pollution Prevention Plan (SWPPP) We will prepare typical detail on plan as wells as SWPPP to be followed by the Contractor during construction in accordance with City requirements as well as CASQA, or Caltrans SWPPP templates. 4.5 Water Quality Management Plan (WQMP) . Our subconsultant D-Max will prepare a Water Quality Management Plan (WQMP) in accordance with the City of Temecula's requirements. The WQMP report will include the following sections: . Project Description . Site Characteristics . Pollutants of Concern . Hydrologic Conditions of Concern . Best Management Practices }> Site Design BMPs }> Source Control BMPs }> Treatment Control BMPs }> Equivalent Treatment Control Alternatives }> Regionally-Based Treatment Control BMPs . Operation and Maintenance Responsibility for Treatment Control BMPs . Funding Design of proposed facilities recommended by this report is not included in our scope of services. 4.6 Preliminary Specifications & Probable Construction Estimate We will prepare the preliminary specifications using a sample "boilerplate" provided by the City. Our 70% preliminary construction cost estimate will include the major items of worked, quantity takeoffs from preliminary plans, and unit costs in line with recent bids. The following will summarize the anticipated number of sheets to be included with the preliminary design submittal: Pescriptiol1 Scale # of Sheets Title Sheet N/A I Street Rehabilitation Plan Only 1"=40' 9 Signing, Striping and Traffic Signal 1"=40' 9 Loops Miscellaneous Details, Cross Sections N/A I Construction Phasing and Traffic Control N/A 5 Plans Erosion Control Plan Details N/A I Total 26 Task 5.0 Final Plans, Specifications, and Estimate (90% and 100% Submittal) 5.1 PS&E (90% Submittal) Prepare 90% road rehabilitation improvement plans. Plans will incorporate comments from the 70% preliminary design submittal. 5.2 Final PS&E (100% Submittal) Incorporating comments from the 90% submittal, we will prepare final mylar plans and specifications ready for bid. At the completion of final PS&E, we will provide the City with two (2) copies of the design notebook, wet-stamped by the Project Manager. The design notebook will include engineer calculations and notes, quantity calculations, pertinent correspondence, and electronic files of both plans and specifications. Task 6.0 Assistance During Construction Harris will remain available during the bidding and construction process to assist the City with preparing addendums, answer RFI's, attend pre-bid and pre-construction meetings and help City staff as needed. We will also prepare as-built drawings utilizing redlines provided by the City. Optional Services Federal Funding - Request for Authorization/E76 Prepare the following documents per Caltrans Local Assistance Program's Manual for Caltrans Processing of E- 76/authorization to proceed with construction: . Request for Authorization . Field Review Form . Finance Letter . Preliminary Environmental Study (PES), based on our experience, this project is categorical exempt and no environmental studies are required. . PS&E Certification . Local Programs Checklist . Race-Neutral PS&E Certification . Design Exceptions (if required) EXHIBIT B PAYMENT RATES AND SCHEDULE 10 R:ICIPIProjectsIPW06-14\AgreementsIHarris & Assoc Agrmt PW06-14 u ~ 'e- 0- c o E ..J .- ",.0 '" ~ o'di 0-'" 0", '" ~ 0-0 W'" W .~ u. E ~ ;; o o .<= u c ~ '" " w ~ " o " ~ .. " ii: '" " '" . .. o . E I! 1; "" u ~ ~ :3::::~ .0. 8 ~ Q ~" . ~- ~ ~tS .~ o wg 0- o ~ . o ~~:3 ~ ~ .~ ~ .. 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"'..,......t<:. 3~ ::: ~ ~ --~ o ~ --~ ""-;c-:;;.:; ..,.~'O~ ~ ....---;;0 C'l "'~ ~ ~<c~o <'l_"'~ ~ <'100'00 _ C'lg ~ -'O~ - ii ~ .~ -~ ~i ~ . -~ o. :cu:" ~ - - Ii Ii" f3E ~~ ..~ . " ~~ . ~ ~ 'i ~ -.;; ~ ] ;~~I ~ ]{j Cl'\ ::Ie: ;;~~ olI~<I!l ~~~" ;~1;' ~ ~ - - - --~ s S 'e',l:l q ! 0 u8 .&, & d ~o tlti H o ~ " .= ~~~ ;;j: ;;;; ~. -~ -~ o ~ 'O\O~ ~~ * '" a"" o~ :gg* <'l"1 ~ ~ ....~~ ~ ~~~ f1 N N 0 o ~ ~ o~ -~l ge ~~ "ilS S.g ~~ ~ "1111 s s l? ',=',= ::I ~~ ~ "~"~ ~ GO ~ 1;E <> 5e ~ :i! '3 e '3~ ~ 0.0 ..... ~ " 0 ~~ . ~ if ~ ~ ~ '" -D ::l ~ '0"''0 ~ v_ ~ ~ " ~- ~ N -. ~ " ~ ~ ~~~ ""000 ~ ....~o <'l<'l~ ~ ....-:;;.j OO~ -1111 .- ""(':! &'3 ..~ o " ~~ . ~ ~ ~ " ~ j ~ ;; 5 ::l~ .~ ~ ~ s .. 1;] ." . o~ o~ I~-- . , II ITEM NO.6 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager fM<f'"" /112 (J(.G CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: April 24, 2007 SUBJECT: Support for 2007 Air Quality Management Plan (AQMP) - at the request of Mayor Washington PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR THE DEVELOPMENT OF THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT'S DRAFT 2007 AIR QUALITY MANAGEMENT PLAN (AQMPlFO CUSING ON MOBILE SOURCE CONTROLS. BACKGROUND: The measures in the Draft 2007 Air Quality Management Plan (AQMP) developed by the South Coast Air Quality Management District, call upon the California Air Resources Board and the U.S. Environmental Protection Agency to substantially accelerate their mobile source emission reduction programs in our region. Despite some of the most advanced pollution control requirements in the world yielding dramatic improvements in recent decades, the 16.5 million residents in this region continue to be impacted by the poorest air quality in the nation. Health studies conducted in this region repeatedly show that residents are suffering significant heath effects from today's air pollution, including cancer and chronic conditions such as asthma, emphysema, and heart and pulmonary diseases, among others. The South Coast Air Basin exceeded the health-based federal 8-hour ozone standard on 86 days in 2006, and the recently revised 24-hour PM2.5 standard is more stringent and more health-protective than the prior clean air standards. There is a fast-approaching PM2.5 attainment deadline of 2015, and an even more challenging 8-hour ozone attainment deadline of 2021, necessitating additional emissions reductions. Any failure to meet these deadlines will prolong the adverse health impacts to residents and could trigger significant federal economic and administrative sanctions on this region. The South Coast Air Quality Management District has the responsibility to draft and implement a plan to bring this region into compliance with clean air standards, and is about to issue the draft plan. The Draft AQMP has identified that a majority of the emission reductions must be achieved through further control of mobile sources - including, but not limited to cars, trucks, ships, trains, and planes. The California Air Resources Board and the U.S. Environmental Protection Agency have most of the authority over mobile source emissions, and the Southern California Association of Governments is responsible for developing the plan's transportation control measures. There is an urgent need for all responsible authorities to expeditiously adopt and aggressively implement effective control strategies to reduce emissions as quickly as possible, and strongly supports the development of the South Coast Air Quality Management District's Draft 2007 AQMP focusing on mobile source controls. FISCAL IMPACT: None. ATTACHMENTS: Resolution 07- RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR THE DEVELOPMENT OF THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT'S DRAFT 2007 AIR QUALITY MANAGEMENT PLAN (AQMP) FOCUSING ON MOBILE SOURCE CONTROLS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the over 16.5 million individuals residents within the jurisdictional boundaries of the South Coast Air Quality Management District are impacted by the poorest air quality in the nation, despite some of the most advanced pollution control requirements in the world yielding dramatic improvements in recent decades; and WHEREAS, health studies conducted in this region repeatedly show that residents are suffering significant heath effects from today's air pollution, including cancer and chronic conditions such as asthma, emphysema, and heart and pulmonary diseases, among others; and WHEREAS, the California Air Resource Board recently estimated that approximately 8,200 Californians die prematurely each year as a result of air pollution, and that residents who live, work, or go to school in close proximity to marine port and goods-movement activities are subjected to unhealthful levels of air pollution, resulting in numerous health problems; and WHEREAS, a landmark study noted that the lungs of children born in Southern California today are not likely to fully develop and may never recover from smog's damage, and that children are especially susceptible to the harmful effects of air pollution; and WHEREAS, this region has exceeded the health-based federal 8-hour ozone standard on 86 days in 2006; and WHEREAS, the recently revised 24-hour PM2.5 standard is more stringent and more health-protective than the prior clean air standards; and WHEREAS, There is a fast-approaching PM2.5 attainment deadline of 2015, and an even more challenging 8-hour ozone attainment deadline of 2021 or 2024, necessitating additional emissions reductions; and WHEREAS, failure to meet these deadlines will prolong the adverse health impacts to residents and could trigger significant federal economic and administrative sanctions in this region; and WHEREAS, the South Coast Air Quality Management District (AQMD) has the responsibility to draft and implement a plan to bring this region into compliance with clean air standards, and is about to issue the Draft 2007 Air Quality Management Plan (AQMP); and WHEREAS, AQMD's primary regulatory authority to reduce air pollution is limited to reducing emissions from stationary sources, such as power plants, refineries, chemical plants, gas stations, industrial facilities as well as operational requirements for mobile sources - and the AQMP addresses the need to further reduce emissions from all sources to help reach clean air goals; and WHEREAS, stationary sources have already have reduced emissions upwards of 90% and mobile sources are the primary source of emissions in the basin and remain comparatively under-regulated; and WHEREAS, the AQMP has identified that a majority of the emission reductions must be achieved through further control of mobile sources - including, but not limited to cars, trucks, ships, trains, and planes; and WHEREAS, the California Air Resources Board and the U.S. Environmental Protection Agency have most of the authority over mobile source emissions, and the Southern California Association of Governments is responsible for developing the plan's transportation control measures; and WHEREAS, The Draft AQMP focuses on additional measures that the California Air Resources Board and U.S. Environmental Protection Agency can implement to reduce mobile source emissions, especially from locomotives and ocean-going ships; NOW, THEREFORE, BE IT RESOLVED, that that the City Council of the City of Temecula by adoption of this resolution, declares that there is an urgent need for all responsible authorities to expeditiously adopt and aggressively implement effective control strategies to reduce emissions as quickly as possible; and BE IT FURTHER RESOLVED, that the City Council of the City of Temecula hereby supports the development of the South Coast Air Quality Management District's Draft 2007 Air Quality Management Plan (AQMP) focusing on mobile source controls; and BE IT FURTHER RESOLVED, that the City Council of the City of Temecula calls upon the California Air Resource Board and the U.S. Environmental Protection Agency to substantially accelerate their emission reduction programs in our region by implementing the AQMP measures within their respective authorities. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of April ,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 24th day of April 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk I~-- . , II ITEM NO.7 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V 1112. (J(L, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: April 24, 2007 SUBJECT: Acceptance of Grant Deed for Lot 21 of Tract 29305 PREPARED BY: Cathy McCarthy, Development Services Administrator RECOMMENDATION: That the City Council authorize acceptance of the Grant Deed for Lot 21 of Tract 29305 and direct staff to proceed with the necessary actions to cause to deed to be recorded. BACKGROUND: Lot 21 of Tract 29305 is identified in the Wolf Creek Specific Plan as part of the Linear Park South. The developer is conditioned to dedicate this lot to the City. Lot 21 is approximately .75 acre along Wolf Creek Drive South. The improvements in this area were included in the Capital Improvement Projectforthe Sports Park which was completed in December. However, Lot 21 was never conveyed to the City. As a result, this item simply conveys Lot 21 to the City as part of the Patricia H. Birdsall Sports Park. A policy of title insurance will be provided by the developer to accompany the transfer of title to the City. FISCAL IMPACT: Maintenance of Lot 21 of Tract 29305 is included with the Patricia H. Birdsall Sports Park and is included in the Temecula Community Services District current budget. ATTACHMENTS: 1) Vicinity Map 2) Grant Deed Vicinity Map N /A ~ 125 250 500 750 1,000 Feet - - / EXEMPT RECORDING REQUESTED BY City of Temecula PER GOV'T CODE S 27383 AND WHEN RECORDED MAIL TO: Office of the City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 MAIL TAX STATEMENTS TO: City of Temecula P.O. Box 9033 Temecula CA 92589-9033 EXEMPT RECORDING SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED The undersigned grantor declares: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Wolf Crf!~k Devf!lfJfJment. LLC. a California Limited Liabilitv Companv, hereby grants to the CITY OF TEMECULA, a municipal corporation, the following described real property in the City of Temecula, County of Riverside, State of California: See Exhibit "A" attached hereto, Executed on(b.l"\\J(W\1 ?IQ..., 2007, at Co rona Signature J~ Type/Print Name 12o\J~ Fo.l')F'rC'lrY1'F" Position _A~\--S()YiJr 12e{'"'I'P.(:errt()thIP~ Signature a~NV<-,_. Type/Print Name Q\ \'ju~'Px-.IY'Y1Dn \- Position AU%\f:)ri i'Td 12ppre<::e.ntO+;\t~ , California. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California } SS. County of Riverside On January 26, 2007 Dale before me, personally appeared Raymond E. Dorame and August Belmont . .". .;..... k4.... , l@ ....H MCPHEflIOH r 'I Commission * 153Oaot I i Notary Public. Cottforftkl I Rwel'llde County - J "'CanIl\ ,-", .. '.' - , ........-.........OPTIONAL Sarah McPherson, Notary Public Name and Tille of Officer o personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that _/they executed the same in hi&lfter/their authorized capacity(ies), and that by hiolhet/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. _l~~f\.~ ,Y\~() l\<<-C3'(\ Signature of Notary Public Though the Infonnation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Grant Deed Document Date: 1/26/07 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer Signers Name: Raymond E. Dorame and August Belmont o Individual o Corporate Officer - Title(s): Authorized Representative o Partner - ? Limited ? General o Attorney-in-Fact o Trustee D Guardian or Conservator o ather: Signer Is Representing: Standard Pacific Corp. Number of Pages: EXHIBIT A Lot 21 of Tract Map No. 29305, as shown by Map on file in Book 378, pages 36- 48, Records of Riverside County, California. Riverside County Recorders Information: No: 2005-0254634 Date: April 5, 2005 I~-- . , II ITEM NO.8 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~ iJll ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: Aprit 24, 2007 SUBJECT: Contract for the Installation of Additional Lighting for the Temecula Public Library- Project No. PWOO-07 PREPARED BY: Amer Attar, Principal Engineer Bill McAteer, Project Manager RECOMMENDATION: That the City Council: 1. Approve a contract for additional lighting forthe Temecula Public Library, Project No. PWOO- 07 with Tri-Citi Electric, in the amount of $33,683.14 and authorize the Mayor to execute the contract. 2. Authorize the City Managerto approve change orders notto exceed the contingency amount of $3,368.31, which is equal to 10% of the contract amount. BACKGROUND: After the opening of the new Temecula Public Library, City staff desires to enhance lighting in several areas of the interior and exterior of the library. City Staff met with the Electrical Engineer, Konsortium 1, and the electrical contractor, Tri-Citi Electric, and reviewed the current lighting. The engineer provided recommendations to the City for additional lighting. Staff requested a proposal from Tri-Citi Electric, who performed the electrical work in the new library. Tri- Citi Electric submitted the attached proposal of $33,683.14 to complete the work. The work includes the following: Adding lights at the front entry Adding lights at the History Walk Adding lights in the lobby inside the building Providing the necessary labor to install the light for the "I magination" glass artwork Installing upgraded lighting for the monument sign Installing lighting in the Inspiration Garden We are recommending contracting directly with Tri-Citi Electric because they performed all electrical work in the new library and they are the most familiar with the existing lighting system. FISCAL IMPACT: The new Temecula Library is a Capital Improvement Project approved in Fiscal Year 2006-2011 Capital Improvement Program. Adequate funds are available in the project budget. The total project cost is $37, 051.45 which includes the contract amount of, $33,683.14 plus a 10% contingency amount of $3,368.31. ATTACHMENTS: Contract with Tri-Citi Electric CITY OF TEMECULA CONTRACT AGREEMENT FOR CONSTRUCTION SERVICES INSTALLATION OF ADDITIONAL INTERIOR & EXTERIOR LIGHTING TEMECULA PUBLIC LIBRARY PROJECT NO. PWOO-o7 THIS CONSTRUCTION CONTRACT, made and entered into as of April 24, 2007 by and between the City of Temecula, and Tri-City Electric ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Term. This Agreement shall commence on April 24, 2007 and shall remain and continue in effect until June 30, 2007 unless sooner terminated pursuant to the provisions of this Agreement. 2. SCOPE OF WORK. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. 3. COST OF WORK. For the Work described in Section 1. of this Agreement Contractor shall receive the sum of Thirty Three Thousand Six Hundred Eighty Three Dollars and Fourteen Cents ($33,683.14) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A. Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not part of this Contract. 4. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. CHANGE ORDERS. The City Manager may approve additional payment up to ten (10%) of the Agreement. Change orders exceeding these limits shall be approved by the City Council. 1 R:IClPIPROJECTSIPWOO-Q7\Tri-City Electric Contract 7. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 8. 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. Copies may be obtained from the California Department of Industrial Relations Intemet website at http://www.dir.ca.gov. Contractor 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. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the 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. 9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 10. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 R:ICIPIPROJECTSIPWOO-Q7ITri-City Electric Contract 11. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 12. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scooe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the 1bllowing provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by 3 R:ICIPIPROJECTSIPWOO-07ITri-City Electric Contract the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Covera<;1e. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an altemative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 13. PERFORMANCE AND LABOR MATERIAL BONDS. Prior to commencement of the Work, Contractor shall provide the City with a Performance Bond in the amount of the contract and a Labor and Materials Bond in the amount of the Contract from a surety acceptable to the City. 14. TIME OF THE ESSENCE. Time is of the essence in this Contract. 4 R:\CIP\PROJECTS\PWOO-07\Tri-City Eiectric Contract 15. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers. employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 16. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 17. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 18. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 19. 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. 20. UTILITY LOCATION. District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 21. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 5 R:ICIPIPROJECfSIPWDO-07\Tri-City Electric Contract 22. 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. 23. 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. 24. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Tri-City Electric 43300 Business Park Drive, Suite A 106 Temecula, California 92590 Attention: Mark Schutz 25. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 26. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 27. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 28. 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. 6 R:ICIPIPROJECTSIPWOD-07ITri-City Electric Contract 29. 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 matelial. 30. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the autholity to bind Contractor to the performance of its obligations hereunder. 1111 1/// 7 R:ICIPIPROJECTSIPWOO-07ITri-City Electric Contract 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 Manager CONTRACTOR Tri-City Electric 43300 Business Park Dr., Suite A 106 Temecula, CA 92590 (951) 699-7107 FAX: (951) 699-7275 Mark Schutz, President Jayme Noorigian, Project Administrator 8 R:\CIPIPROJECTS\PWOQ.Q7\Tri-City Electric Contract EXHIBIT A SCOPE OF WORK AND SCHEDULE OF PAYMENT INSTALLATION OF ADDITIONAL INTERIOR & EXTERIOR LIGHTING TEMECULA PUBLIC LIBRARY PROJECT NO. PWOO-o7 9 R:ICIPIPROJECfSIPWOO-Q7ITri-City Electric Contract TRI-CITI ELECTRIC 43300 Business P~rk Dr. #A-106 Temecula, CA 92590 (951) 699-7107 Fax 699-7275 April 12, 2007 WORK REQUEST Work Request No: 41207 TO: Bill McAteer City of Temecula JOB NAME: Temecula City Library Pauba Road Temecula, CA 92590 DESCRIPTION OF CHANGES REQUESTED UPON THE ABOVE JOB: Provide additional lighting throughout the building site as indicated in K1's letter dated March 26, 2007 and as directed by Bill McAteer with the City of Temecula. Provide labor to coordinate and work with Glass Illumination Contractor. TOTAL COST FOR THIS CHANGE REQUEST: $ 33,683.14 Prepared By: Mark Schutz TRI-CITI ELECTRIC CHANGE REQUEST BREAKDOWN Project: Temecula City Library Description: Additional Lighting Job No: Work Request No: 41207 Description Quantity Amount 1. See Attached 1 $ 14,469.69 1. Material Totals 2. Labor Man Hours 228 at $65.00 Per Hour 3. Sub Total, Direct Cost 4. Overhead and Profit 15% of Line 4 5. Sub-Total $ 14,469.69 $ 14,820.00 $ 29,289.69 $ 4.393.45 $ 33,683.14 TOTAL PRICE OF CHANGE REQUEST $ 33,683.14 Prepared By: Mark Schutz TRI-ClTI ELECTRIC TEMECULA CITY LIBRARY ADDITOINAL WORK QUOTATION DESCRIPTION QUANTITY COST U TOT. MAT. 3/4" EMT CONDUIT 20 $ 118.94 C $ 23.79 3/4" EMT STL SS CONN 2 $ 199.55 C $ 3.99 3/4" EMT STL SS CPLG 2 $ 245.43 C $ 4.91 3/4" PVC 280 $ 56.47 C $ 158.12 3/4" PVC COUPLING 58 $ 36.29 C $ 21.05 3/4" PVC 90 DEG ELBOW 38 $ 121.00 C $ 45.98 #12 THHN 5,890 $ 265.42 M $ 1,563.32 #10 THHN 500 $ 407.28 M $ 203.64 #14 THHN GREEN 220 $ 171.08 M $ 37.64 #12/2C MC CABLE STL ARMOR 175 $ 684.23 M $ 119.74 3/8" AC-90/MC DC SS CONN 8 $ 43.46 C $ 3.48 B2-1 REO WIRE CONN 8 $ 15.24 C $ 1.22 DEV BOX 3 1/2" OEEP 1/2" KO+EARS 4 $ 762.50 C $ 30.50 # 8-1 Ox 7/8" PLAS ANCHOR (3/16) 8 $ 5.33 C $ 0.43 #10x1" PIH SELF-TAP SCREW 8 $ 10.00 C $ 0.80 TY-525M TY-RAP ( 7") 35 $ 12.37 C $ 4.33 K-12 KON CLIP (3/4") 3 $ 29.91 C $ 0.90 M24S HAMMER-ON 1/4" CLIP + STUD 1 $ 68.74 C $ 0.69 4WN WING NUT 1 $ 18.71 C $ 0.19 12-126QE-S-Z-AN-W-V-P FIXTURE 5 $ 269.24 E $ 1,346.20 101-MT-42TRF-UNIV-BGP FIXTURE 1 $ 593.89 E $ 593.89 SL21-70MH-E17-120V-BZ FIXTURE 4 $ 562.91 E $ 2,251.64 SL21-70MH-E17-120V-BZ-HSS FIXTURE 10 $ 597.61 E $ 5,976.10 12-126QE-S-Z-A-F-D-IL FIXTURE 2 $ 285.35 E $ 570.70 CRW7-232-12FT-R4-277-GEB-SCT-4LP FIXTURE 1 $ 1,254.34 E $ 1,254.34 CRW7-232-16FT-R4-277-GEB-SCT -4LP FIXTURE 1 $ 1,652.10 E $ 1,652.10 8' INSIGHT LIGHT FIXTURE FOR FRONT SIGN 1 $ 600.00 E $ 600.00 $ 16,469.69 I~-- . , II ITEM NO.9 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~ iiI!- ~ CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: April 24, 2007 SUBJECT: Establishment and Appointment of Military Ad-Hoc Subcommittee (at the request of Mayor Washington and Council Member Edwards) RECOMMENDATION: That the City Council: 1. Establish an ad-hoc subcommittee to enhance the relationship between the City and the military community. 2. Appoint MayorWashington and Council Member Edwards to this ad hoc subcommittee. BACKGROUND: On October 24, 2006, the City officially adopted the 1" Reconnaissance Marine Battalion as the official battalion forthe City of Temecula. The purpose of this formal adoption was to enter into a professional partnership for City special events, color guard ceremonies, and other official functions such as the Mayor's State of the City Address. The City recently met with officials at Camp Pendleton and the color guard participated in the Mayor's 2007 State of the City Address. Council Member Edwards is also involved with the U.S.S. Ronald Reagan and supports the joint cooperative efforts with the Ronald Reagan Sports Park. To further enhance the relationship between the City and the entire military community within Temecula, it has been proposed to establish an ad-hoc subcommittee, whereby other volunteer organizations within the community can become more involved, and the City can show further support to the men and women of the military that support and defend our Country. FISCAL IMPACT: None. Ii - I. ITEM NO.1 0 I I ORDINANCE NO. 07-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.36 TO THE TEMECULA MUNICIPAL CODE PROHIBITING THE NON-PERMITTED USE, STORAGE, MANUFACTURING, AND SALE OF FIREWORKS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 8.36 is hereby added to the Temecula Municipal Code to read as follows: 'CHAPTER 8.36 FIREWORKS "8.36.010 Definitions. Whenever, in this Chapter, or in any resolution or standard adopted by the City Council pursuant to this Chapter, the following terms are used, they shall have the meaning ascribed to them in this Section, unless it is apparent from the context thereof that some other meaning is intended. A. "AGRICULTURAL AND WILDLIFE FIREWORKS" means fireworks designed and intended by the manufacturer to be used to prevent damage to crops or unwanted occupancy of areas by animals or birds through the employment of sound or light, or both. B. "DANGEROUS FIREWORKS" has the same meaning ascribed to it under Section 12505 of the California Health and Safety Code and includes all of the following: 1. Any fireworks which contain any of the following: (a) Arsenic sulfide, arsenates, or arsenites. (b) Boron. (c) Chlorates, except: (1) In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included. (2) In caps and party poppers. (3) In those small items (such as ground spinners) wherein the total powder content does not exceed 4 grams of which not greater than 15 percent (or 600 milligrams) is potassium, sodium, or barium chlorate. R:lOrds 2007/0rds 07-02 (d) Gallates or Gallic acid. (e) Magnesium (magnesium-aluminum alloys, called magnalium, are permitted). (f) Mercury salts. (g) Phosphorus (red or white except that red phosphorus is permissible in caps and party poppers). (h) Picrates or picric acid. (i) Thiocyanates. OJ Titanium, except in particle size greater than 100-mesh. (k) Zirconium. 2. Firecrackers. 3. Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge. 4. Roman candles, including all devices which discharge balls of fire into the air. 5. Chasers, including all devices which dart or travel about the surface of the ground during discharge. 6. Sparklers more than 10 inches in length or one-fourth of one inch in diameter. 7. All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches. 8. Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to applicable law. 9. Torpedoes of all kinds which explode on impact. 10. Fireworks kits. 11. Such other fireworks examined and tested by the State Fire Marshal and determined by him to possess characteristics of R:lOrds 2007/0rds 07-02 2 design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks. C. "EXEMPT FIREWORKS" has the same meaning ascribed to it under Section 12508 of the California Health and Safety Code and shall mean any special item containing pyrotechnic compositions which the State Fire Marshal has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction. D. "FIRE CHIEF" or "CHIEF" shall mean the Fire Chief of the County of Riverside or such person as designated by the City Council to provide fire services for the City or his or her authorized representatives. E. "FIREWORKS" has the same meaning ascribed to it under Section 12511 of the California Health and Safety Code and shall mean any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term "FIREWORKS" includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, model rockets, rockets, Daygo bombs, sparklers, chasers, fountains, smoke sparks, aerial bombs and fireworks kits. F. "FIREWORKS KITS" has the same meaning ascribed to it under Section 12512 of the California Health and Safety Code and means any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled would come within the definition of "FI REWORKS." G. "PUBLIC DISPLAY OF FIREWORKS" means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of DANGEROUS FIREWORKS. H. "PYROTECHNIC OPERATOR" means any licensed pyrotechnic operator, who by examination, experience, and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted. I. "PYROTECHNIC SPECIAL EFFECTS MATERIAL" means a low explosive material, other than detonating cord, commonly used in motion picture, television, theatrical or group entertainment production for which a permit from the Chief is required for use or storage. J. "SAFE AND SANE FIREWORKS" has the same meaning ascribed to it under Section 12529 of the California Health and Safety R:lOrds 2007/0rds 07-02 3 Code and shall mean any fireworks which do not come within the definition of "DANGEROUS FIREWORKS" or "EXEMPT FIREWORKS." K. "SHERIFF" shall mean the Sheriff of the County of Riverside or such person as designated by the City Council to provide fire services for the City or his or her authorized representatives. L. STATUTORY REFERENCES. Whenever a provision of this Chapter refers to a state statute, the reference shall include a successor statue and any renumbered statute. "Section 8.36.020 Prohibitions A. GENERAL. No person shall have in his possession, or keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give or transport any FIREWORKS, DANGEROUS FIREWORKS, or SAFE AND SANE FIREWORKS, except for use as AGRICULTURAL AND WILDLIFE FIREWORKS or for use in a PUBLIC DISPLAY OF FIREWORKS pursuant to a permit obtained under the provisions of Sections 12640 t012654 of the California Health and Safety Code, the Fire Code adopted by the City, and this Chapter. B. MANUFACTURING PROHIBITED. The manufacturing of FIREWORKS, DANGEROUS FIREWORKS, or SAFE AND SANE FIREWORKS is prohibited except under special permits as required by local and state regulations issued by the Fire Chief. C. PYROTECHNIC SPECIAL EFFECTS MATERIAL. A permit is required to manufacture, compound, store or use PYROTECHNIC SPECIAL EFFECTS MATERIAL. Permit application shall be make to the Fire Chief and the Sheriff. A permit shall be granted only to a State Fire Marshal licensed PYROTECHNIC OPERATOR. D. The FIRE CHIEF is authorized to establish procedures for the application and issuance of the permits authorized pursuant to this section. "8.36.030. Displays A. GENERAL. Permits are required to conduct a PUBLIC DISPLAY OF FIREWORKS. Permit application shall be made to the FIRE CHIEF not less than 14 days prior to the scheduled date of the display. The permit application shall include a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of buildings, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines and other R:lOrds 2007/0rds 07-02 4 overhead obstructions. At the time of permit application, the SHERIFF shall be consulted regarding the requirements for standby fire apparatus. B. UNDER SUPERVISION OF PYROTECHNIC OPERATOR. Public display of fireworks operations shall be under the direct supervision of a PYROTECHNIC OPERATOR. The PYROTECHNIC OPERATOR shall be responsible for all aspects of a display related to pyrotechnics. C. INSURANCE REQUIRED. The permitee shall furnish a certificate of insurance in an amount deemed adequate by the FIRE CHIEF for the payment of damages which could be caused either to a person or persons or to property by reason of the permitted display and arising from acts of the permitee, agents, employees or subcontractors. D. The FIRE CHIEF is authorized to establish procedures for the application and issuance of the permits authorized pursuant to this section. "8.36.040 Exceptions Nothing in this Chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes of illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for use by military organizations. "8.36.050. Enforcement A. The FIRE CHIEF and his or her authorized representatives and the SHERIFF and his or her authorized representatives shall have the authority to enforce the provisions of this Chapter. B. The FIRE CHIEF and his or her authorized representatives and the SHERIFF and his or her authorized representatives shall have the authority to seize, take, and remove any FIREWORKS, DANGEROUS FIREWORKS, and SAFE AND SANE FIREWORKS in accordance with applicable law. The FIRE CHIEF and his authorized representative and the SHERIFF and his authorized representative may charge any person whose fireworks are seized pursuant to this section, a reasonable amount which is sufficient to cover the cost of transporting, storing, handling, and disposing of the seized fireworks. C. Any person who violates any provision of this Chapter is guilty of a misdemeanor, and upon conviction shall be punished as set forth in Chapter 1.20 of the Temecula Municipal Code. R:lOrds 2007/0rds 07-02 5 D. Any person who violates any provision of this Chapter shall be subject to the enforcement remedies of Chapters 1.21 and 1.24 of the Temecula Municipal Code. E. Nothing in this Ordinance shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, or transportation of DANGEROUS FIREWORKS or all of these, nor any other civil or criminal remedies available to the CITY, FIRE CHIEF or SHERIFF." SECTION 2. PRIOR ORDINANCE. The provisions of Chapter 8.36 shall supercede the provisions of any ordinances in conflict therewith adopted by reference in Chapter 1.08 of the Temecula Municipal Code. SECTION 3 SEVERABILITY If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of April, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:lOrds 2007/0rds 07-02 6 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. 07-02 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 2ih day of March, 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 10th day of April, 2007, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Roberts, Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None Susan W. Jones, MMC City Clerk R:lOrds 2007/0rds 07-02 7 TEMECULA COMMUNITY SERVICES DISTRICT Ii - I. ITEM NO. 11 I I MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT APRIL 10,2007 A regular meeting of the City of Temecula Community Services District was called to order at 8:22 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. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 11 Minutes RECOMMENDATION: 11.1 Approve the minutes of March 27, 2007. 12 Doc Park at the Maraarita Communitv Park RECOMMENDATION: 12.1 Approve the Agreement with Sonshine Landscape Company in the amount of $124,900.00 for the construction of the Dog Park at Margarita Community Park. 13 Annual Assessment Encineerinc Second Amendment1 RECOMMENDATION: 13.1 Approve the Second Amendment with MuniFinancial for Annual Assessment Engineering Services in the amount of $47,116.78. MOTION: Council Member Edwards moved to approve the Consent Calendar. Council Member seconded the motion and electronic vote reflected unanimous aooroval. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No additional comments. R:\Minutes\041 007 CSD GENERAL MANAGERS REPORT No additional comments. CSD BOARD OF DIRECTORS REPORTS No additional comments. CSD ADJOURNMENT A 8:23 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, April 24, 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 ClerklDistrict Secretary [SEAL] R:\Minutes\041 007 2 Ii - I. ITEM NO. 12 I I Approvals City Attorney Director of Finance City Manager ~( /J~ CJu..- TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General ManagerlBoard of Directors FROM: Herman D. Parker, Director of Community Services DATE: April 24, 2007 SUBJECT: TCSD Proposed Rates and Charges for FY 2007-2008 PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 07. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2007.2008 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Service District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula. The boundaries of the TCSD are coterminous with the City and the City Council also serves as the Board of Directors of the TCSD. The four current service levels of the TCSD include: 1. Service Level B - Residential Street Lighting. 2. Service Level C - Perimeter Landscaping and Slope Maintenance. 3. Service Level D - Recycling and Refuse Collection. 4. Service Level R - Unpaved Road Maintenance. Service Level B - Residential Street Lighting The TCSD Rates and Charges for Service Level B are not proposed to increase from last year's rates however a total of 1,120 new residential units will be added into this maintenance program. Service Level C - Perimeter Landscaping and Slope Maintenance Rate levels C-1 through C-11 within Service Level C are not proposed to increase from last year's rates. Two existing rate levels are subject to a Consumer Price Index (CPI) inflator of 4.3% and will adjust as follows: Rate Level C-12 C-13 06-07 Rate $ 26.00 $ 315.00 07-08 Rate $ 27.12 $328.55 Rate level C-12 was previously established for residential parcels within the Roripaugh Ranch Development. Due to delays in construction this development will be assessed for the first time in Fiscal Year 2007-2008. Within rate level C-7, with an approved rate of $129.00, an additional 1 ,800 residential units within the Wolf Creek Specific Plan will be assessed. Wolf Creek is located in the southwest portion of the City of Temecula. The property owners in Wolf Creek had previously voted on and approved this rate and charge. Within rate level C-10, with an approved rate of $100.00, an additional 117 parcels from the Harveston Development will be assessed. The property owners of these subdivisions had previously voted on and approved this rate and charge. Within rate level C-13 with an approved rate of $328.55, ten (10) parcels from Gallery Homes "Portraits" Development will be assessed. Portraits (Tract 31344) is located on the southeast corner of Ynez and Rancho Vista Roads. This rate level was created and approved for the Portraits Development in FY 2006-2007 however due to construction delays FY 2007-2008 will be the first year this tract will be assessed for Service Level C. This subdivision had previously voted on and approved this rate and charge including the CPI inflator as shown above. Service Level D - Recycling and Refuse Service An increase is proposed to the annual rate and charge for Service Level D to $210.24 per residential unit beginning Fiscal Year 2007-2008. In FY 2006-2007 the rate and charge for this Service Level was $200.88. The $9.36 rate change is based on: 1) 4.3% increase to the Consumer Price Index (CPI) 2) 3.3% increase to the Riverside County Landfill Tip Fee 3) 14.7% increase to the #2 Diesel Fuel index provided by the U. S. Department of Labor Service Level R - Unpaved Street and Road Maintenance The TCSD Rates and Charges for Service Level R are not proposed to increase from last year's rate for developed property. However, one (1) parcel was developed in Rate Level 1 and nine (9) parcels were developed in Rate Level 2 increasing the amount assessed by $58 in Rate Level 1 and by $431 in Rate Level 2. The increases represent the difference between the previously approved Rates and Charges for undeveloped and developed property. The TCSD is required to complete an annual levy process which includes adopting a resolution accepting the filing of a report on the proposed rates and charges necessary to provide the aforementioned services; noticing each affected property owner in the City; and conducting a public hearing to consider approving the proposed rates and charges. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed rates and charges for FY 2007-2008 and schedule a public hearing concerning these issues for June 12,2007. Staff will then proceed with noticing each affected property owner in the City regarding the proposed rates and charges and the June 12,2007 public hearing. FISCAL IMPACT: The revenue generated for the TCSD FY 2007-2008 Rates and Charges will fund residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and street and road maintenance services in the City of Temecula. The proposed TCSD levy budget for FY 2007-2008 is $7,874,974. ATTACHMENTS: 1. Resolution of Intention 2. Public Hearing Notice ATTACHMENT 1 Resolution of Intention RESOLUTION NO. CSD 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2007-2008 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE ASFOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction. Section 2. Pursuant to Government Code Section 6111 ~ the TCSD has prescribed, revised and collected rates and charges for the services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, property taxes collected within the TCSD in the same manner prescribed by Government Code Section 61115. The TCSD proposes to continue such rates and charges for the operation, maintenance, servicing and administration of street lights, perimeter landscaping and slope maintenance, refuse collection, and unpaved street maintenance for the 2007-2008 fiscal year. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for the California Revenue and Taxation Code Section 4831. Section 3. Pursuant to Government Code Section 6111 ~the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, this Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2007-2008. The Report is based upon a budget adopted by the Board of Directors for the proposed services for specific areas where such services are provided including necessary staff and administrative expenses. A summary of the Report containing the proposed rates and charges is attached hereto as Exhibit A, entitled "Project Summary", and incorporated herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is available for public inspection. Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the 12th day of June, 2007, at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, located at 43200 Business Park Drive, Temecula, CA 92590, as the time and place for the public hearing on the Report and the proposed rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any to the Report. The Board may continue the hearing from time to time. Section 5. The District Secretary is hereby directed to give notice of the filing of the Report and of the time and place of the hearing on the Report pursuant to the requirements of Government Code Section 61115. The District Secretary is further directed to give notice, pursuant to Section 6 of Article XlilD of the California Constitution regarding any increases proposed in the Report with respect to any of the rates and charges. Section 6. The District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 24th day of April 2007. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City ClerklBoard Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City ClerklBoard Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 07- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 24th day of April ,2007, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City ClerklBoard Secretary EXHIBIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT On January 1, 2006, MuniFinancial, Inc. was retained by the City of Temecula to prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for the Fiscal Year 2007-2008. Pursuant to Government Code of the State of California, commencing with Section 61115, the TCSD has the power to levy and collect rates and charges in order to carry on its operations and to provide the services and facilities furnished by it. The levy and collection of the rates and charges is accomplished by the identification and description of each parcel within a specific service level. A Service Level is a defined area that provides a specific service, operation and maintenance andlor program to only those parcels contained within that service level. The TCSD is currently composed of four (4) service levels. The descriptions of the service levels are as follows: 1. Service Level B - Residential Street Liqhts. Operations, maintenance, utility costs and administration of all residential streetliqhts. 2. Service Level C - Perimeter LandscaDinq and Slope Maintenance. Operations, maintenance, utility costs, improvements, and administration for all perimeter landscaping and slope maintenance areas maintained by the TCSD. 3. Service Level D - Recvclinq and Refuse Collection. Operations and administration of the recycling and refuse program, and street sweeping services for single-family residential homes. 4. Service Level R - Street and Roads. Maintenance of unpaved streets and roads. C:\WINDOWS\apsdoc\nettemp\2428\$ASQpdf840338.doc 04/10/2007 The Financial Analysis contained herein contains each Service Level including their totals for Fiscal Year 2007-2008 as follows: SERVICE LEVEL/LEVY BUDGET $/SFR Service Level B Service Level C Service Level D Service Level R $ 740,334 $ 1,799,890 $ 5,328,450 $ 6,300 $ 25.68/$12.84 Variable $210.24 Variable TOTAL TCSD LEVY FY 2007-2008 $ 7,874,974 The Levy and Collection amounts for all non-exempt parcels within the TCSD for the Fiscal Year 2007-2008 are as shown on the Levy Roll on file with the City Clerk/District Secretary. C:\WINDOWS\ap~doc\nettemp\l428\$ASQpdf840338.doc 04/10/2007 ATTACHMENT 2 Notice of Public Hearing Temecula Community Services District Fiscal Year 2007-2008 (July 1, 2007 - June 30, 2008) Levy and Collection of Rates and Charges NOTICE OF PUBLIC HEARING The Temecula Community Services District (TCSD) provides street lighting, perimeter landscaping, slope maintenance, unpaved street and road maintenance, and refuse collection services in the City of Temecula. The boundaries of the TCSD are the same as those of the City of T emecula, and the City Council also serves as the Board of Directors of the TCSD NOTICE IS HEREBY GIVEN that on Tuesday, June 12, 2007 at 7:00 p.m., or as soon thereafter as practicable, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California 92590, the Board of Directors of the Temecula Community Services District (the 'TCSD") will hold a public hearing on the levy and collection of rates and charges within the TCSD on the property tax rolls for Fiscal Year 2007-2008. SUMMARY OF PROPOSED SERVICES FOR FY 2007-2008 Property owners in the City of Temecula only pay for the services used or made available to their property Attached to this notice, and incorporated herein, is a page summarizing the rates and charges applicable to your parcel. All rates and charges are levied on an annual basis and collected along with property taxes. The services provided by the TCSD are divided into four Service Levels: 1. Service Level B - Residential Street Liahtina. Operation, maintenance, utility costs and administration of residential streetlights. This established rate of $25.68 is not proposed to increase from last Fiscal Year 2006-2007. 2. Service Level C - Perimeter LandscaDina. Operation, maintenance, utility costs, improvements, and administration of all perimeter landscaping and slope maintenance areas maintained by the TCSD These rates are not proposed to increase from last Fiscal Year 2006-2007. 3. Service Level D - Refuse COllection/Recvclina., Operation and administration of the refuse and recycling program for all single-family residential homes. This rate is proposed to increase from $200.88 per residential parcel to $210.72 for Fiscal Year 2007-2008. This increase is based on changes to the Consumer Price Index (CPI) and #2 Diesel Fuel Commodity Data; as well as an increase to the Riverside County Landfill Tipping Fee rates. 4. Service Level R - Road Maintenance. Operation and administration of certain unpaved streets and roads maintained by the TCSD These rates are not proposed to increase from last Fiscal Year 2006-2007. PROPOSED RATES AND CHARGES FOR FY 2007 -2008 The TCSD rates and charges are based on the written report prepared in connection with the rates and charges for Fiscal Year 2007-2008 (the "Report"), which is on file with the District Secretary A copy of the Report is available for public inspection at City Hall, 43200 Business Park Drive, Temecula, California, Monday through Friday from 8:00 a.m to 5.00 p.m. - 1 - RATES AND CHARGES APPEAL PROCESS Any property owner subject to the rates and charges who wants a review of the classification or application of the rate or charge to the owner's property, or alleges that an error has been made with respect to the application of the rate or charge to the property, must file with the District Secretary a written appeal in accordance with District regulations prior to 5:00 p. m. on December 3, 2007. Any property owner subject to a rate and charge who believes that payment of all or a portion of the rate and charge would create a hardship for such property owner during fiscal year 2007-2008 must file with the District Secretary a written hardship appeal in accordance with District regulations prior to 5:00 p.m. on December 3, 2007, in order to be considered under the hardship appeal program. Appeal forms are available at City Hall. TCSD BUDGET FOR FISCAL YEAR 2007 -2008 (JULY 1. 2007 TO JUNE 30. 2008) The proposed budget for the TCSD for Fiscal Year 2007-2008 is as follows: Service Level B Service Level C Service Level D Service Level R Total $740,334 $1,799,890 $5,328,450 $6,300 $7,874,974 PUBLIC HEARING At the Public Hearing scheduled for June 12, 2007 at 7:00 pm, or as soon thereafter as practicable, the Board of Directors will review and consider any written protest received in person by the District Secretary at City Hall, 43200 Business Park Drive, Temecula, California, or by mail, at P.O Box 9033, Temecula, California, 92589-9033, prior to the scheduled hearing. The Board will also listen to public comments by all interested individuals concerning the proposed rates and charges of the TCSD for FY 2007-2008. PUBLIC WORKSHOP A community workshop will be held at City Hall in the Main Conference Room on Wednesday evening, May 16, 2007, at 6:00 p.m. to answer questions and concerns prior to the Public Hearing. City Hall is located at 43200 Business Park Drive, Temecula, California. The workshop is open to the public, and property owners are encouraged to attend. QUESTIONS AND INQUIRIES If you have any questions, please don't hesitate to contact the Community Services District at (951) 694-6480. If a staff member is not available, every effort will be made to return your phone call as quickly as possible. The Temecula Community Services District is located at City Hall, 43200 Business Park Drive, Temecula, California. The mailing address is P.O Box9033,Temecula,CA, 92589-9033. Thank you for taking the time to review this information and we are looking forward to serving you. Information is available on the City's website located at wvvw citvoftemecula. orq. - 2 - Ii - I. ITEM NO. 13 I I Approvals City Attorney Director of Finance City Manager ~r /JIL (J(L. TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General ManagerlBoard of Directors FROM: Herman D. Parker, Director of Community Services DATE: April 24, 2007 SUBJECT: First Amendment to the Top Dawg Termite Co. Maintnance Services Contract. PREPARED BY: Jerzy Kanigowski, Facility Maintenance Coordinator RECOMMENDATION: That the Board of Directors approve the First Amendment for $21,560 with Top Dawg Termite Co, for elimination of drywood termites at Community Recreation Center. BACKGROUND: On February 15, 2006 the Community Services Department (TCSD) released a request for Time & Material Sheet (T&M) to establish a competitive price threshold for routine and emergency maintenance services. T&M's were sent to ten (10) qualified termite and pest control contractors. The TCSD received two (2) proposals. The proposals were evaluated to determine qualifications and to assess the competitiveness of their pricing. Top Dawg Termite Co was determined to have provided the lowest price for that service. TCSD entered into a $25,000 contract with Top Dawg Termite Co. which expires December 31, 2007. During the term of this contract, dry wood termites have been discovered at Temecula Community Center and Temecula Valley History Museum. The treatment and correction of these infestations will exhaust most of the funds allocated in this contract. Last week signs of termites were also discovered in the ceiling of the gym at the Community Recreation Center. This will require an expenditure in excess of the current contract amount. The First Amendment is now requested to authorize additional $21 ,560 to fumigate the entire Community Recreation Center building. The current one (1) year contract is for $25,000, the additional amount of service will increase the total contract amount to $46,560 FISCAL IMPACT: The amount of this contract including additions is for $46,560, sufficient funds have been included in the Operating Budget for fiscal year 2006 - 2007 in account 190-182-999-5416. ATTACHMENTS: 1) Amendment R\ SIRE REPORTS ET AL\MaintenanceV\..genda Report 2006 - 2007\Top Dawg Termite CO 041207 .doc FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND TOP DAWG TERMITE CO THIS FIRST AMENDMENT is made and entered into as of April 24, 2007 by and between the Temecula Community Services District, a municipal corporation ("City") and Top Dawg Termite Co ("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 January 9, 2007 the City and Top DawgTremite Co, entered into an agreement entitled "City of Temecula Agreement to perform termite inspection and preventative maintenance services at the various City Facilities in the amount of $25,000 B. The parties now desire to increase the payment of the Agreement in the amount of $21,560 and amend the Agreement as set forth in this Amendment. 2. PAYMENT. The first paragraph of Section 3, "PAYMENT" of the Agreement is amended to read: "The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Twenty One Thousand Five Hundred Sixty Dollars and No Cents ($21,560.00) to fumigate the entire Community Recreation Center, for a total contract amount of Forty Six Thousand Five Hundred Sixty Dollars and No Cents ($46,560) for the term of the Agreement, unless additional payment is approved as provided in 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. //1/11 l' " WINDOWS \ dvsduc'.l1,=t t "'HLV'. >, "84', $AS'~Vdf 84'.'44', due' IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeff Comerchero, President ATTEST: BY: Susan W. Jones, MMC City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney Top Dawg Termite Co BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) l' " WINDOWS \ dvsduc'.l1,=t t "'HLV'. >, "84', $AS'~Vdf 84'.'44', due' EXHIBIT "B" PRICING SHEET Please see attached proposal l' " WINDOWS \ dvsduc'.l1,=t t "'HLV'. >, "84', $AS'~Vdf 84'.'44', due' TCSD DEPARTMENTAL REPORT Ii - I. ITEM NO. 14 I I REDEVELOPMENT AGENCY Ii - I. ITEM NO. 15 I I MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY APRIL 10,2007 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:23 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Naggar, Roberts, Washington, and Edwards ABSENT: o AGENCY MEMBERS: None. Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. RDA CONSENT CALENDAR 14 Minutes RECOMMENDATION: 14.1 Approve the minutes of March 27, 2007. MOTION: Council Member Comerchero moved to approve the Consent Calendar. Council Member Roberts seconded the motion and electronic vote reflected unanimous aooroval. RDA EXECUTIVE DIRECTORS REPORT No additional comments. RDA AGENCY MEMBERS REPORTS No additional comments. R:\Minutes\041 007 RDA ADJOURNMENT At 8:24 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, April 24, 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 ClerklAgency Secretary [SEAL] R:\Minutes\041 007 2 RDA DEPARTMENTAL REPORT Ii - I. ITEM NO. 16 I I Approvals City Attorney Director of Finance City Manager ~ IJ~ (J(y TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive DirectorlAgency Members FROM: John Meyer, Redevelopment Director DATE: April 24, 2007 SUBJECT: Redevelopment Departmental Monthly Report Attached for your information is the monthly report as of April 24, 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 consists of 24 units and over 5,000 sq. ft. of retaillcommercial. The project is located on the north side of Fifth Street, west of Mercedes. Construction is completed and they are in the process of leasing the 24 apartment units. 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 retaillcommercial. Vertical construction has begun. It is estimated that construction will be completed in the Fall of 2007. 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 State Farm Insurance - Design and Install Three Wood Signs. Old Town PromotionslMarketing Bluearass Festival The 7th Annual Bluegrass Festival was held in Old Town on March 17 & 18, 2007. The weekend included three venues featuring bands playing consecutively; indoors at the Stampede, Outdoors at Front & 6th Street and at the Mercantile on Main Street. The featured bands included Byron Berline, Bluegrass Etc., Silverado, Burnette Family, Sligo Rags, Bluegrass Brethren, Pacific Ocean Bluegrass and Temeku Bluegrass. The Bluegrass Festival is one of the most popular, second only to the car shows. Pickers were able to find a place to jam anywhere along the rustic streets of Old Town Temecula. Scheduled workshops on the mandolin, fiddle, guitar and banjo were held each day and were also free. Organized jam sessions with host bands will also be part of the event. The event included food and craft vendors. Other upcoming events will include Western Days, May 19 & 20, the Street Painting Festival, June 23 & 24 and Hot Summer Friday Nights beginning July 13 through August 31. tlttJ ~ , -.. ',.~, Satalde, I SUDda, 11811h II I 18, 2801 Oklahoma ,.' "I " rOD Berllne " I California Et ~. , .~ uegrass c. S-IBOST BAN~ I vera.o Arizona BUIDette Family Sligo Rags Bluegrass BrethreD Pacific OceaD Bluegrass TelDeka Bluegrass . ~;,":;n - ~ -'r _._,."'"~~'"__ Special Guest Dave Stamey Plenty of Workshops If Great ]i.m Sessions Indoors at The Stampede, Outdoors on the Street, All concerts are FREE! Saturday 12 noon to 6 p.m. Sunday 12 noon to 5 p.m. For Infomation call: (951) 694-6412 or (951) 678-1456 h www.temeculacalifornia.comorwww.tricopolisrecords.com" ~MEMiER li: I~ Weekend DRY Camping in Town $10 per night. RSVP (951) 678-0831 \t;.i "...'" MEMBER sponsored by JitJ Mn~~~~~STAR co~~~ry KFmIti 92.9 ~ !!,!!'.'!!!!!!! ",. '~~ ~ Oi J GORDON SPECIALTIES :J1UC6-fJ PRE?e~t~}:;d;,~t~,~s~~iLLC Porch 1<V$4'S ~ . OLD TOWN TEMECULA Saturday & Sunday May 19&20 lla.m.to 5 p.m. High Noon Shoot Out presented by the Old Town Temecula Gunfigthers These zany gunslingers try to Rob The Bank at Front and Main Wild West and Gunfight Skits every hour beginning at noon Calf Roping Lessons ~'J ~r : Native American Ceremonial Dancers ,'. featuring Rodney Howard Saturday 12:30-1:30 p.m. at 4205l Main Street Old Town Theater ALSO SATURDAY Stagecoach Rides 1-4 p.m. Trails &: Rails Western Music 12:30-3:30 p.m. Judy Taylor & Wild Oats 12:30-3:30 p.m. Older than Dirt Satul'day & Sunday 12-3 p.m. Pony Rides * Blacksmith * Calf Roping SVNDJlY ONLY Linda ICing Pl'uitt CHOCTAW STORYTELLER 12:30-1:30 p.m. FOR MORE INFORMATION (951) 694.6412 ORVISITWWW.TEMECULA.CALIFORNIA.COM 'I' J I _ ---1 Presented by ~.. ~~ iLU6Jl' ~ ~ ... '''='''by (fHE PRESS~ENTERPRISE-m& PUBLIC HEARING Ii - I. ITEM NO. 17 I I Approvals City Attorney Director of Finance City Manager JM.f" IJIZ 00..- CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Debbie Ubnoske, Director of Planning DATE: April 24, 2007 SUBJECT: Proposed Ordinances adding Chapter 30 to Title 17 of the Temecula Municipal Code Establishing Non-Smoking Units in Multi-Family Housing: and adding Chapter 36 to Title 8 of the Temecula Municipal Code Prohibiting Smoking in Public Places and the Workplace (At the request of Mayor Washington and Mayor Pro Tem Naggar) PREPARED BY: Emery J. Papp, Senior Planner RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROHIBITING SMOKING IN AND AROUND MUL TI- UNIT RESIDENCES AND ADDING CHAPTER 30 TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING IN MULTI-UNIT RESIDENCES 2. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07 - AN ORDINANCE OF THE CITY OF TEMECULA PROHIBITING SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT, AND CERTAIN OTHER LOCATIONS AND ADDING CHAPTER 36 TO TITLE 8 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING BACKGROUND: The two proposed non-smoking Ordinances were spearheaded by a City Council Subcommittee consisting of Mayor Chuck Washington and Mayor Pro Tem Mike Naggar. Citizen complaints regarding unwanted exposure to secondhand smoke were the springboard for this subcommittee. The two proposed Ordinances describe the harmful effects of secondhand smoke and provide relief to non-smokers from unwanted exposure to secondhand smoke. On February 7, 2007, both proposed Ordinances were presented to the Planning Commission for their review and comment. The Planning Commission expressed their approval of the conceptual Ordinances but also expressed some concern that, as proposed, the Ordinances could be difficultto enforce. Staff and the City Attorney responded to the Planning Commission by stating that it is not the intent of the Ordinances to be punitive to smokers, but rather to protect non-smokers from unwanted exposure to secondhand smoke. City code enforcement officers, police officers, and park rangers will have the authority to act on their own or respond to citizen complaints to issue warnings, citations and other penalties pursuant to Chapters 1.21 and 1.24 of the Temecula Municipal Code. The draft multi-unit non-smoking Ordinance was also revised prior to the Planning Commission hearing to change the compliance period as defined in the Ordinance. The original draft would have permitted up to 13 years for landlords to comply with the provisions of the Ordinance. This error was corrected prior to the hearing and changes were distributed to the Planning Commissioners prior to the public hearing. The corrected compliance period must be within 5 years for senior housing, and up to 8 years for housing that is not senior restricted. The two proposed Ordinances declare secondhand smoke to be a nuisance and, therefore, the City of Temecula has the authority to regulate smoking in and around multi-family residences, places of employment, and public places. The purpose and impact of each new ordinance is briefly described below: Ordinance No. 07-_(adding Chapter 30 to Title 17 of the Temecula Municipal Code) prohibits smoking in and around certain multi-unit residences as follows: . 25% or more of all new units designated as non-smoking . 25% or more of all existing units designated as non-smoking within 5 years (up to 8 years with extensions) of effective date . 25% or more of all existing senior housing designated as non-smoking within 5 years . Designated non-smoking units include balcony, patio, and outdoor yard areas Ordinance No. 07 -_(adding Chapter 36 to Title 8 ofthe Temecula Municipal Code) prohibits smoking in public places, places of employment and certain other locations as follows: . Indoor public areas and private areas accessible to the general public andlor employees . Outdoor public areas and private areas accessible to the general public andlor employees, with certain exceptions . Locations that are adjacent to or share ventilation systems with the above locations ENVIRONMENTAL ACTION: These proposed Ordinances are exemptfrom review under the California Environmental Quality Act (CEQA) pursuant to Section 15061 (B) (3) of the CEQA Guidelines. The Guidelines state that where it can be seen with certaintythatthere is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. FISCAL IMPACT: None ATTACHMENTS: 1. Ordinance No. 07-_(adding Chapter 30 to Title 17 of the Temecula Municipal Code) prohibits smoking in and around certain multi-unit residences Ordinance No. 07-_(adding Chapter 36 to Title 8 of the Temecula Municipal Code) prohibits smoking in public places, places of employment and certain other locations Planning Commission Minutes, February 7, 2007 Planning Commission Staff Report, February 7, 2007 2. 3. 4. ORDINANCE 07- AN ORDINANCE OF THE CITY OF TEMECULA PROHIBITING SMOKING IN AND AROUND MULTI-UNIT RESIDENCES AND ADDING CHAPTER 30 TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING IN MULTI-UNIT RESIDENCES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS Section 1. The Temecula Municipal Code is amended by the addition of a new Chapter 30 to Title 17 thereto to read as follows. "CHAPTER 1730 SMOKING IN MULTI-UNIT RESIDENCES 1730010 Findings and Intent The City Council finds, determines, and declares that: A Tobacco use and exposure to secondhand smoke cause death and disease and impose great social and economic costs, and B. More than 440,000 people die in the United States from tobacco-related diseases every year, making it the nation's leading cause of preventable death, and C The World Health Organization estimates that by 2030, tobacco will account for 10 million deaths per year, making it the greatest cause of death worldwide, and D The United States Environmental Protection Agency has found secondhand smoke to be a risk to public health and has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen, and E. Secondhand smoke is responsible for an estimated 38,000 deaths among non-smokers each year in the United States, which includes 3,000 lung cancer deaths and 35,000 deaths due to heart disease, and F 879% of non-smokers showed detectable levels of cotinine (a metabolite of nicotine) in their blood, the most likely source of which is secondhand smoke exposure, and G. Secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight and increased risk of Sudden Infant Death Syndrome in infants of mothers who smoke, and H. Secondhand smoke exposure causes as many as 300,000 children in the United States under the age of 18 months to suffer lower respiratory tract infections, C:\WINDOWS\apsdoclnettemp\4988\$ASQpdf840388.DOC such as pneumonia and bronchitis, exacerbates childhood asthma, and increases the risk of acute, chronic, middle-ear infections in children, and o The total cost of smoking in California was estimated as $475 per resident or $3,331 per smoker per year, for a total of nearly $15 8 billion in smoking-related costs in 1999 alone, and E. Cigarettes, cigars, pipes and other smoking materials are the leading cause of fire deaths in the United States, causing an estimated 31,200 structure fires and 830 deaths in 2001, and F Most Californians do not smoke and a majority favor limitations on smoking in multi-unit residences, as evidenced by the facts that 84% of Californians are non-smokers; 70% of Californians surveyed approve of apartment complexes requiring at least half of rental units be non-smoking; and 67% of Californians surveyed favor limiting smoking in outdoor common areas of apartment buildings, and G. Secondhand smoke can seep under doorways and through wall cracks, and H. There is no Constitutional right to smoke, and I. State law prohibits smoking in virtually all indoor places of employment reflecting the state policy to protect against the dangers of exposure to secondhand smoke, and J. California law declares that anything that is injurious to health or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property is an nuisance, and K. Local governments have broad latitude to declare nuisances and are not constrained by prior definitions of nuisance, and L. It is the intent of the City Council of the City of Temecula in enacting this ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users, by protecting children from exposure to smoking where they live and play; and by protecting the public from nonconsensual exposure to secondhand smoke in and around their homes, and M. It is the intent of the City Council of the City of Temecula to supplement applicable state and federal laws pertaining to smoking and not to duplicate, contradict, or frustrate such laws. This Ordinance shall be construed consistently with that intention. 2 17.30.020. Definitions For the purposes of this Chapter the following definitions shall govern unless the context clearly requires otherwise: A "Landlord" means any Person who owns real property that is leased as residential property, lets residential property, or manages such property, except that "Landlord" does not include sublessors; B. "Multi-Unit Residence" means a Premises leased as residential propertv and that contains two (2) or more Units, none of which are occupied bv a Landlord of the Premises; C. "Multi-Unit Residence Common Area" means any indoor or outdoor area of a Multi-Unit Residence accessible to and usable by residents of different Units; including but not limited to halls and paths, lobbies, laundry rooms, common cooking areas, outdoor eating areas, play areas, swimming pools, and parking areas; D. corporation, entity; "Person" means any natural person, partnership, cooperative association, personal representative, receiver, trustee, assignee, or any other legal E. "Premises" means a piece of land and any improvements thereon such as is usually described in a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same natural Person or by legal Persons under common control; F. "Reasonable Distance" means a distance of at least twenty-five (25) feet in any direction from an area in which smoking is prohibited. This distance should be reasonably sufficient to make it unlikely that secondhand smoke will enter non-smoking areas; G. "Smoking" or to "Smoke" means holding or possessing a lighted tobacco product or paraphernalia (including but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or any other lighted weed or plant the smoke of which is commonly inhaled, or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant the smoke of which is commonly inhaled; H. "Unit" means either a dwelling space consisting of essentially complete independent living facilities for one or more persons, including, for example, permanent provisions for living and sleeping, and any private outdoor spaces like balconies and patios; or senior citizen housing and single room occupancy hotels, as defined in California Health and Safety Code section 50519(b)(1), even where lacking private cooking facilities or private plumbing facilities. "Unit" does not include lodging in a hotel or motel that meets the requirements set forth in California Civil Code section 1940(b)(2). C:\WINDOWS\apsdoc\nettemp\4988\$ASQpdf840388.DOC 17.30.030. No-Smoking Common Areas, Designated Smoking Areas A Smoking is prohibited in all Multi-Unit Residence Common Areas except that a Landlord may designate a portion of the outdoor area of Premises as a Smoking area as provided in this Section; B. Designated Smoking areas: 1. Shall be located a Reasonable Distance from any indoor area where Smoking is prohibited; 2. Shall not include, and must be a Reasonable Distance from, outdoor areas primarily used by children including, but not limited to, areas improved or designated for play or swimming; 3. Shall be no more than twenty-five (25) percent of the total outdoor area of the Premises for which it is designated; 4. Shall have a perimeter that is clearly marked with conspicuous signs; 5. Shall not overlap with any area in which Smoking is otherwise prohibited by this Chapter or other provisions of this Code, state law, or federal law. 17.30.040. Smoke-Free Buffer Zones Smoking is prohibited on the Premises of a Multi-Unit Residence within a Reasonable Distance of any entrance, opening, or other vent into an enclosed area of a Multi-Unit Residence in which Smoking is prohibited by this Chapter, other provisions of this Code, state law, or federal law. For example, and without limitation, Smoking on balconies, porches, or patios within a Reasonable Distance of a window or door of a non-smoking Unit is prohibited. This provision does not apply inside a designated Smoking Unit pursuant to Section 17.30.040 of this Chapter. 17.30.050. Non-Smoking Units Required in Multi-Unit Residences A New Multi-Unit Residences 1. In every Multi-Unit Residence first occupied by a resident or tenant more than six months after the effective date of this Chapter and containing ten (10) or more Units, at least twentv-five-125) percent of the Units (including private outdoor spaces associated with such Units, such as balconies, patios and decks), shall be designated as non-smoking Units. Notwithstanding this requirement, the Landlord may choose to designate all Units as non-smoking. Non-smoking Units must be grouped together (e.g., horizontally and/or vertically) and physically separated from Smoking Units to the maximum extent practicable. B. Existing Multi-Unit Residences 4 L-In every Multi-Unit Residence currently and previously occupied on. - - - i Fo,matt.d, B"II.15 "d N"mbe,;og the effective date of this Chapter, not subject to Section 17.30.050(A), and containing ten (10) or more Units, at least twenty-five (25) percent of the Units (including private outdoor spaces associated with such Units, such as balconies, patios, and decks), must be designated as non-smoking Units within five (5) years of the effective date of this Chapter. Notwithstanding this requirement, the Landlord may choose to designate all Units as non-smoking. Non-smoking Units must be grouped together (e.g., horizontally and/or vertically) and physically separated from Smoking Units to the maximum extent practicable. 2. A Unit designated non-smoking by action of the Landlord or by the. - - - i Fo,matt.d, B"II.15 "d N"mbe';'9 force of this Chapter shall not be subject to the Smoking restrictions in Section 17.30.050(B)(1) while the legal tenant(s) in occupancy on the effective date of this Chapter continuously lease(s) the Unit. 3. A Landlord of any Multi-Unit Residence not dedicated to senior citizen housing may apply for up to three (3) extensions of the time to comply with Section 17.30.050(B)(1). Each extension shall be for no more than one (1) year. Application for an extension shall be made before the expiration of the time to comply and shall be granted if reasonably necessary to obtain compliance with Section 17.30.050(B)(1L C. Smoking is prohibited in non-smoking Units in Multi-Unit Residences. 17.30.060. Disclosure of Non-Smoking Units By Landlord Every Landlord shall maintain a current list of designated non-smoking Units and a floor plan identifying the relative position of Smoking and non-smoking Units as well as the location of any designated Smoking Areas. The Landlord shall provide a copy of the list and the floor plan to the City and to every tenant. 17.30.070. Prohibitions And Duties Generally A No Person shall Smoke or knowingly permit Smoking in an area of the Premises under his or her legal or de facto control in which Smoking is prohibited by a lease or agreement term, by this Chapter, this Code, or any other state or federal law provided, however, that this prohibition does not apply to a Person who is already compelled to act under state or federal law. B. No Person shall knowingly permit the presence or placement of ash trays, cans, or other receptacles within Multi-Unit Residence Common Areas under his or her legal or de facto control in which Smoking is prohibited by this Chapter, this Code, or any other state or federal law, including, for example and without limitation, within a Reasonable Distance of any non-smoking area. C. "No Smoking" signs, with letters of no less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar) shall be clearly and 5 conspicuously posted and maintained by the Landlord in every place on the Premises in which Smoking is prohibited by this Chapter or by the Landlord, except that signs are not required inside Units. Signs must be sufficient to make areas where Smoking is prohibited obvious to a reasonable person. 17 30 080 Medical Marijuana Notwithstanding any other provision of this Chapter, Smoking marijuana for medical purposes as permitted by California Health and Safety Code sections 11362.7 et seq in any Unit of a Multi-Unit Residence is not prohibited by this Chapter Notwithstanding the forgoing, such use of marijuana may be prohibited by other provisions of this Code, state law, or federal law 17 30 090 Enforcement The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity A Violations of this Chapter are subject to penalty pursuant to Chapters 1.21 and 1.24 of the Temecula Municipal Code. B. No Person shall intimidate, harass, or otherwise retaliate against any Person who seeks to attain compliance with this Chapter Moreover, no Person shall intentionally or recklessly expose another Person to secondhand smoke in response to that Person's effort to achieve compliance with this Chapter Violation of this subsection shall constitute a misdemeanor C Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall constitute an infraction. o A violation of this Chapter is hereby declared to be a public nuisance E. In addition to other remedies provided by this Chapter or otherwise available at law or in equity, any violation of this Chapter may be remedied by a civil action brought by the City, including, without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief" Section 2. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment The Ordinance will have no adverse environmental affects because it will reduce the public's exposure to the harmful effects of second-hand smoke Section 3. Severability If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any 6 person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable Section 4. The City Clerk is directed to certify to the passage and adoption of this ordinance and to cause this ordinance to be published as required by law 7 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Chuck Washington, Mayor ATTEST SusanW Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W Jones, M MC, 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 day of , , 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 NOES; ABSENT ABSTAIN COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS SusanW Jones, MMC City Clerk C:\WINDOWS\apsdoclnettemp\4988\$ASQpdf840388.DOC ORDINANCE 07 - AN ORDINANCE OF THE CITY OF TEMECULA PROHIBITING SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT, AND CERTAIN OTHER LOCATIONS AND ADDING CHAPTER 36 TO TITLE 8 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Temecula Municipal Code is amended by the addition of a new Chapter 36 to Title 8 thereto to read as follows: "CHAPTER 8.36 SMOKING IN PUBLIC PLACES 8.36.010. Findings and Intent The City Council finds, determines, and declares that: A. Tobacco use and exposure to secondhand smoke cause death and disease and impose great social and economic costs; and B. More than 440,000 people die in the United States from tobacco-related diseases every year, making it the nation's leading cause of preventable death; and C. The World Health Organization estimates that by 2030, tobacco will account for 10 million deaths per year, making it the greatest cause of death worldwide; and D. The United States Environmental Protection Agency has found secondhand smoke to be a risk to public health and has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen; and E. Secondhand smoke is responsible for an estimated 38,000 deaths among non-smokers each year in the United States, which includes 3,000 lung cancer deaths and 35,000 deaths due to heart disease; and F. 87.9% of non-smokers showed detectable levels of cotinine (a metabolite of nicotine) in their blood, the most likely source of which is secondhand smoke exposure; and G. Secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight and increased risk of Sudden Infant Death Syndrome in infants of mothers who smoke; and H. Secondhand smoke exposure causes as many as 300,000 children in the United States under the age of 18 months to suffer lower respiratory tract infections, l1086-0006\939756v3.doc such as pneumonia and bronchitis; exacerbates childhood asthma; and increases the risk of acute, chronic, middle-ear infections in children; and I. The total cost of smoking in California was estimated as $475 per resident or $3,331 per smoker per year, for a total of nearly $15.8 billion in smoking-related costs in 1999 alone; and J. Cigarettes, cigars, pipes and other smoking materials are the leading cause of fire deaths in the United States, causing an estimated 31,200 structure fires and 830 deaths in 2001; and K. 84% of Californians are non-smokers; and L. There is no Constitutional right to smoke; and M. State law prohibits smoking in virtually all indoor places of employment reflecting the state policy to protect against the dangers of exposure to secondhand smoke; and N. California law declares that anything that is injurious to health or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property is an nuisance; and o. Local governments have broad latitude to declare nuisances and are not constrained by prior definitions of nuisance; and P. It is the intent of the City Council of the City of Temecula in enacting this Chapter, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users; by protecting children from exposure to smoking where they live and play; and by protecting the public from nonconsensual exposure to secondhand smoke; and Q. It is the intent of the City Council of the City of Temecula to supplement applicable state and federal laws pertaining to smoking and not to duplicate, contradict, or frustrate such laws. This Ordinance shall be construed consistently with that intention. 8.36.020. Definitions For the purposes of this Chapter the following definitions shall govern unless the context clearly requires otherwise: "Business" means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes or that has an Employee, as defined in this Section. "Dining Area" means any area available to or customarily used by the general public that is designed, established, or regularly used for consuming food or drink. 2 "Employee" means any person who is employed; retained as an independent contractor by any Employer, as defined in this section; or any person who volunteers his or her services for an Employer, association, nonprofit, or volunteer entity. "Employer" means any person, partnership, corporation, association, nonprofit or other entity who employs or retains the service of one or more persons, or supervises volunteers. "Enclosed" means: 1. Any covered or partially covered space having more than 50% of its perimeter area walled in or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or 2. Any space open to the sky (hereinafter "uncovered") having more than 75% of its perimeter area walled in or otherwise closed to the outside such as, for example, a courtyard; except that an uncovered space of three thousand (3000) square feet or more is not Enclosed, such as, for example, a field in an open-air arena. "Nonprofit Entity" means any entity that meets the requirements of Section 5003 of the California Corporations Code as well as any corporation, unincorporated association, or other entity created for charitable, religious, philanthropic, educational, political, social, or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this section. "Park" means any community park, neighborhood park, special use, or any other recreational facility maintained by the City of Temecula. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Place of Employment" means any area under the legal or de facto control of an Employer, Business, or Nonprofit Entity that an Employee or the general public may have cause to enter in the normal course of operations, but regardless of the hours of operation; including, for example, indoor and outdoor work areas, construction sites, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities, and warehouses. "Playground" means any park or recreational area designed in part to be used by children that has play or sports equipment installed or has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds, or on City grounds. "Public Place" means any place, public or private, open to the general public regardless of any fee or age requirement; including, for example, bars, restaurants, clubs, stores, shopping centers, stadiums, parks, playgrounds, taxis, and buses. 3 "Public Plaza" means any unenclosed public place other than a sidewalk that is paved and permanently set aside for pedestrian use; including, for example, courtyards, plazas, and promenades. "Reasonable Distance" means a distance of twenty-five (25) feet in any direction from an area in which smoking is prohibited. This distance is reasonably sufficient to make it unlikely that secondhand smoke will enter non-smoking areas. "Recreational Area" means any area, public or private, open to the public for recreational purposes regardless of any fee requirement, including, for example, parks, gardens, sporting facilities, stadiums, and playgrounds. "Service Area" means any area designed to be or regularly used by one or more persons to receive or wait to receive a service, enter a public place, or make a transaction whether or not such service includes the exchange of money; including, for example, automated teller machines ("ATMs"), bank teller windows, telephones, ticket lines, bus stops, and cab stands. "Significant Tobacco Retailer" means any tobacco retailer that derives seventy- five percent (75%) or more of gross sales receipts from the sale or exchange of tobacco products and tobacco paraphernalia. "Smoking" or to "Smoke" means holding or possessing a lighted tobacco product or paraphernalia (including but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or any other lighted weed or plant the smoke of which is commonly inhaled, or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant the smoke of which is commonly inhaled. 8.36.030. Prohibition of Smoking in Public Places, Places of Employment, and Other Areas A. Enclosed Places. Smoking is prohibited in the following Enclosed places except in places listed in subsection 8.36.030(C) below, and except in such places in which smoking is already prohibited by state or federal law: 1. Public Places; 2. Places of Employment; 3. Enclosed areas that are adjacent to an Enclosed area in which smoking is prohibited by any other provision of this Chapter, state law, or federal law and have a common or shared air space; such as, without limitation, openings, cracks, air ventilation systems, doorways, hallways, and stairways. For these purposes, the fact that smoke enters one Enclosed area from another Enclosed area is conclusive proof that the areas share a common or shared air space; 4. Enclosed areas that have common or shared ventilation, air conditioning, or heating system with an Enclosed area in which smoking is prohibited. 4 Notwithstanding any other provision, the fact that smoke enters one Enclosed area from another Enclosed area is conclusive proof that the areas share a common or shared air space. B. Unenclosed Places. Smoking is prohibited in the following Unenclosed places except in places listed in subsection 8.36.030(C) below, and except in such places in which smoking is already prohibited by state or federal law in which case the state or federal law applies: 1. Places of Employment; 2. Service Areas; 3. Dining Areas; 4. Parks, Playgrounds, and Recreational areas; 5. Ticket, boarding, and waiting areas of transit depots; 6. Public plazas; and 7. The sites of public events including, for example, sports events, entertainment, artistic or speaking performances, ceremonies, pageants, and fairs, provided however that this prohibition shall not prevent the establishment of a separate, designated smoking area set apart from and no larger than the primary event area. C. locations: Unless otherwise prohibited by law, smoking is permitted in the following 1. Significant tobacco retailers, if minors are prohibited at all times from entering the store; 2. By performers during theatrical productions, if smoking is a part of the theatrical production; 3. Private residential property, except when designated as non- smoking under Chapter 30 of Title 17 of this Code or used as a childcare or health care facility subject to licensing requirements and children, patients, or Employees are present; 4. Up to twenty-five percent (25%) of hotel and motel guest rooms, if the hotel or motel permanently designates particular guest rooms as nonsmoking rooms such that seventy-five (75%) or more of its guest rooms are nonsmoking and ashtrays and matches are permanently removed from such nonsmoking rooms. Permanent "no smoking" signage shall be posted in nonsmoking rooms; 5 5. Outdoor dining areas of business operating under an on-sale license for public premises issued by the California Department of Alcoholic Beverage Control. 8.36.040. Reasonable Smoking Distance Required A. Smoking is prohibited in all Unenclosed areas within a Reasonable Distance of: 1. Any entrance, opening, crack, or vent into an Enclosed area in which smoking is prohibited, except while the person smoking is actively passing on the way to another destination and so long as smoke does not enter any Enclosed area in which smoking is prohibited. 2. Any Unenclosed area in which smoking is prohibited under Section 8.36.030(B) of this Chapter except while the person smoking is actively passing on the way to another destination. B. The prohibitions in subdivision (A) of this Section shall not apply to 1. or Public Place; Areas of private property that are not part of a Place of Employment 2. Outdoor dining where smoking is permitted by Section 8.36.30(C)(5) of this Chapter. 8.36.050. Prohibitions and Duties Generally A. No person, Employer, Business, or Nonprofit Entity shall knowingly permit the Smoking of Tobacco Products in an area which is under the legal or de facto control of the person, Employer, Business, or Nonprofit Entity and in which smoking is prohibited by this Chapter. B. No person, Employer, Business, or Nonprofit Entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area which is under the legal or de facto control of the person, Employer, Business, or Nonprofit Entity and in which smoking is prohibited, including, without limitation, inside the perimeter of any Reasonable Distance required by this Chapter. C. Notwithstanding any other provision of this Chapter, any owner, landlord, Employer, Business, Nonprofit Entity, or other person who controls any property, establishment, or Place of Employment regulated by this Chapter may declare any part of such area in which smoking would otherwise be permitted to be a nonsmoking area. D. "No Smoking" or "Smoke Free" signs, with letters of no less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) 6 shall be clearly, sufficiently and conspicuously posted in every Enclosed and Unenclosed place in which Smoking is prohibited by this Chapter, by the person, Employer, Business, or Nonprofit Entity that has legal or de facto control of such place. For purposes of this chapter, the City Manager or designee shall be responsible for the posting of signs in regulated facilities owned or leased in part by the City. Notwithstanding this provision, the presence or absence of signs shall not be a defense to the violation of any other provision of this Chapter. 8.36.060. Enforcement The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity. A. Violations of this Chapter are subject to penalty pursuant to Chapters 1.21 and 1.24 of the Temecula Municipal Code. B. No Person shall intimidate, harass, or otherwise retaliate against any Person who seeks to attain compliance with this Chapter. Moreover, no Person shall intentionally or recklessly expose another Person to secondhand smoke in response to that Person's effort to achieve compliance with this Chapter. Violation of this subsection shall constitute a misdemeanor. C. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall constitute an infraction. D. A violation of this Chapter is hereby declared to be a public nuisance. E. In addition to other remedies provided by this Chapter or otherwise available at law or in equity, any violation of this Chapter may be remedied by a civil action brought by the City, including, without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. Section 2. Environmental Findina. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA"). To the extent that the Ordinance applies to Places of Employment, it regulates working conditions by ensuring that employees and volunteers are not exposed to the harmful effects of second-hand smoke and is therefore categorically exempt from CEQA pursuant to Title 14 of the California Code of Regulations, Section 15324(c). The Ordinance is also exempt from CEQA in its entirety pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. The Ordinance will have no adverse environmental affects because it will reduce the public's exposure to the harmful effects of second-hand smoke. Section 3. Severabilitv. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or 7 unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 4. The City Clerk shall certify the passage and adoption of this ordinance and to cause this ordinance to be published as required by law. 8 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of 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 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 day of , , 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: NOES; ABSENT: ABSTAIN: COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS Susan W. Jones, MMC l1086-0006\939756v3.doc MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION FEBRUARY 7,2007 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:04 p.m., on Wednesday, February 7, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Chairman Chiniaeff led the audience in the Flag salute. ROLL CALL Present: Commissioners: Guerriero, Carey, Harter, Telesio and Chairman Chiniaeff. Absent: None. PUBLIC COMMENTS No additional comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of January 9, 2007. 2 Director's Hearinc Case UDdate RECOMMENDATION: 2.1 Receive and File Director's Hearing Update for December. MOTION: Commissioner Guerriero moved to approve the Consent Calendar. Commissioner Harter seconded the motion and voice vote reflected unanimous aooroval. R:\MinutesPC\020707 PUBLIC HEARING ITEMS Continued from January 3, 2007 3 Plannina ADDlication Nos PA06-0060 and PA06-0098. a Tentative Parcel Ma~ (34715) and DeveloDment Plan. submitted bv Artisan Communities. for a multi-familv residential Droiect to construct 97 condominium units on 8.9 aross acres. located within Plannina Area 13 of the Redhawk SDecific Plan at the southeast corner of Peach Tree Street and Deer Hollow Wav By way of PowerPoint Presentation, Associate Planner Schuma highlighted on the following: o Location o Revised Site Plan o Deer Hollow Street Scene o Revised Landscaping Plan o Typical Section of Golf Course o Community Meeting o Response to written correspondence Nos. 3, 4, 5, 7, 8, 9 (per staff report) o Environmental Determination o Recommendation. Addressing written correspondence Item Nos. 1, 2, and 6 by residents within the Redhawk Community, Director of Public Works Hughes addressed as follows: o That Item No.1 would be an architectural issue, not a Public Works issue o That Item Nos. 2 and 6 would be related to parking on public streets; and that staff would be of the opinion that there would not be an issue with parking; and advised that the parking issues would be generated from Great Oak High School, not the proposed project o That staff's recommendation would be that if issues of illegal parking on Deer Hollow Street arise, it could be reviewed from the Public Traffic Safety Commission. In response to Commissioner Telesio's query, Associate Planner Schuma advised that 160 residents within a 600-foot radius were invited to attend a community meeting but that only 20 residents were in attendance. Addressing Deer Hollow Way, Director of Public Works Hughes noted that currently there would be four lanes on Deer Hollow Way; that there would not be adequate space for parking because the second lane would only be a 16 foot lane; and noted that anyone parking on the street would be in violation of the Vehicle Code. With regard to landscaping, Associate Planner Schuma noted that the landscape plan would reflect changes to the tree sizes; that a minimum of 24-inch box trees would be proposed along the entire perimeter of the site; and that 24-inch box trees have been placed between buildings and within private yard areas along the golf course. R:\MinutesPC\020707 2 At this time, the public hearing was opened. Ms. Pam Pullen, applicant, noted the following: o That the tree sizes were increased to 24-inch boxes along the perimeter as requested by the Planning Commission o That the site plan would reflect the elimination of the retaining wall originally proposed along Deer HollowWay o That slumpstone walls will be used throughout the Redhawk Community and will be adequately screened with landscaping o That the applicant held a community meeting on January 18, 2007, to present and discuss the project proposal. Mr. John Rosingana, Temecula, expressed his concern with the traffic study provided by the applicant and would request that a new traffic study be taken; and that a sign stating No Parking be installed along Deer Hollow Way. Ms. J.P. Ruyle, Temecula, queried on the location of guest parking. For Ms. Ruyle, Associate Planner Schuma noted that although it would be difficult to see guest parking on the site plan, guest parking will be located along drive A, B, and C; advising that the applicant would meet the City's parking requirement. Thanking Ms. Schuma for clarifying guest parking, Ms. Ruyle noted that she would continue to have concerns with traffic congestion on Deer Hollow Way. At this time, the public hearing was closed. Addressing parking, Director of Public Works Hughes noted the following: o That the traffic study provided was performed by a professional engineering company and was performed according to the City's Guidelines o That the project would be consistent with the City's General Plan and Design Guidelines for Level of Service (LOS) o That parking restrictions on public streets would need to be addressed by the Public Traffic Safety Commission. COMMISSION DISCUSSION Commissioner Carey thanked staff and the applicant for addressing the concerns previously made by the Planning Commission. Commissioner Guerriero also thanked the applicant and staff for addressing concerns expressed by both the residents and the Planning Commission and would be in favor of moving the project forward. That if illegal parking were to occur along Deer Hollow, he would recommend motor officers to patrol the area. Understanding the traffic situation, Commissioner Harter thanked staff and the applicant for addressing the concerns mentioned at the previous meeting, but did express concern with illegal parking occurring on Deer HollowWay. R:\MinutesPC\020707 3 For the Planning Commission, Director of Public Works Hughes noted that staff will continue to monitor Deer Hollow Way updating the Commission as to whether or not there would be an issue of illegal parking. Thanking staff and the applicant for addressing the Commission's concerns, Chairman Chiniaeff relayed that he would be in favor of approving the project. Commissioner Telesio noted that he would also be in favor of approving the project and stated that if residents have concerns with Illegal parking on Deer Hollow Way, concerns could be expressed at a Public Traffic Safety Commission meeting. MOTION: Commissioner Guerriero moved to approve staff recommendation. Commissioner Carey seconded the motion and voice vote reflected unanimous aooroval. PC RESOLUTION NO. 07 -05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0060, A DEVELOPMENT PLAN TO CONSTRUCT 97 RESIDENTIAL CONDOMINIUM UNITS ON 8.9 GROSS ACRES, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF DEER HOLLOW WAY AND PEACH TREE STREET, APN 962- 020-012 NEW ITEMS 4 Plannina ADDlication No. PA07-0024. a review of DrODosed Non-Smokina Ordinances and recommend an action to the Citv Council Assistant City Manager Adams provided background and history of Item No.4 for the Planning Commission's understanding and consideration (of record). Senior Planner Papp provided a revised staff report (of record). In response to Commissioner Guerriero's question regarding chewing tobacco, Assistant City Manager Adams noted that the focus of the ordinance would be secondhand smoke, not chewing tobacco. Speaking in favor of the proposal, Commissioner Telesio queried on how enforcement would be addressed. For Commissioner Harter, Assistant City Attorney Flower noted that a Reasonable Distance would be a distance of 25 feet in any direction from an area in which smoking is prohibited; that this distance should be reasonably sufficient to make it unlikely that secondhand smoke would enter non-smoking areas; advising that this would be enforced by a Code Enforcement Officer. Commissioner Harter requested that the language of the ordinance with regard to Reasonable Distance be made clearer. R:\MinutesPC\020707 4 Assistant City Attorney Flower noted that the appeals process would be built into the administrative penalties provision; noting that with regard to enforcement, violations of this Chapter would be subject to penalties pursuant to Chapters 1.21 and 1.24 of the Temecula Municipal Code. With regard to Commissioner Telesio's concern with enforcement, Senior Planner Papp noted that the intent would be to provide for the public health, safety and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users; that by requiring all new multi-family residential projects containing 10 or more units, at least 20 percent of the units be designated as non-smoking units; and that intent would be to educate the public that certain areas will be banned from smoking. Mr. Papp also advised that landlords would be required to show future tenants as to which units would be designated as non-smoking and smoking units; and that any lease agreement would need to disclose designated smoking and non-smoking units; and that there would be no language in the ordinance that would prohibit a landlord from having more than 25 percent of their units non-smoking. At this time, the public hearing was opened and due to no speakers, it was closed. COMMISSION DISCUSSION Expressing concern with enforcement issues but understanding the intent of the proposed ordinance, the Planning Commission would be in favor of the proposal. Helping to clarify the definition of Smoking, Assistant City Attorney Flower stated that Smoking would mean holding or possessing a lighted tobacco product being smoked; advising that this would not include chewing tobacco. MOTION: Commissioner Harter moved to approve staff recommendation. Commissioner Guerriero seconded the motion and voice vote reflected unanimous aooroval. PC RESOLUTION NO. 07 -06 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 OF TEMECULA PROHIBITING SMOKING IN AND AROUND MULTI-UNIT RESIDENCES AND ADDING CHAPTER 30 TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING IN MULTI-UNIT RESIDENCES (PLANNING APPLICATION PA07-0024)" At this time, the Planning convened for a 5-minute break. R:\MinutesPC\020707 5 5 Plannina AD~lication No PA06-0217. A Minor Modification. submitted bv Ken Miskam for Marie Callender's Restaurant. for the chanae of exterior Daint colors on an existina buildina. located at 29363 Rancho California Road Assistant Planner Le Comte provided a staff report (of record), stated the following: o That staff would request that Condition of Approval Item No.4 be amended to impose that: the building shall be repainted back to its originally approved paint color by March 7, 2007, or that an alternative paint color palette shall be submitted and approved by the Director of Planning no later than February 28, 2007, and the building repainted the approved paint color palette March 31, 2007 o That non-compliance of this condition would result in Code Enforcement action. In response to the Planning Commission's questions, Ms. LeComte noted the following: o That on July 21, 2006, Marie Callender's began painting their building with a paint palette which deviated from the approved color scheme o That at the time Code Enforcement informed the restaurant Manager that they would be in need of a Minor Modification to authorize the change in color paint, the restaurant was half-painted o That the Code Enforcement Officer strongly recommended to the manager that they halt all painting activities until approval was obtained from the Director of Planning. Explaining the process, Principal Planner Brown stated that each case would be dealt with on a one by one case; and that if a restaurant manager is amenable, Code Enforcement would only issue a verbal warning, not a written citation. For Commissioner Chiniaeff, Ms. LeComte noted that the Design Guidelines would discourage bright colors and would encourage a harmonious and blending palette. At this time, the public hearing was opened. Mr. Ken Miskam, Marie Callender's Manager, stated the following: o That the applicant was not aware that a Minor Modification submitted would be needed in order to change the color scheme of the Marie Callender's restaurant o That the intent of the color change would be to generate more sales o That the majority of restaurant in town would not be aware of the need to require a Minor Modification in order to change its color o That the new trend of colors would be bright colors such as the color of the proposal o That the applicant would not be in favor of changing the colors of the building, advising that it would be very expensive. Commissioner Guerriero expressed concern with the applicant not following the color change process which would be imposed in the City's Design Guidelines. Commissioner Telesio noted that he would find it difficult to accept that the applicant was not aware of the color change process. R:\MinutesPC\020707 6 For the applicant, the Planning Commission stated that the Development Plan included an approval of an English Tudor architectural style with elements of English Pub Style (Planning Commission staff report, February 2, 1998); advising that the applicant deviated from the approved color scheme without the approval of the Director of Planning. Mr. Miskam advised that the proposed color scheme would help reintroduce Marie Callender's to the public, noting that the color change would be exciting and interesting and would promote business. The Planning Commission reiterated the importance of following the proper channels and submitting requests for change of colors. The following individuals spoke against the existing color scheme, advising that it would not be consistent with the Rancho Highlands Specific Plan and City-Wide Design Guidelines. o Ms. Eve Craig, Temecula o Mr. Elton Ward. At this time, the public hearing was closed. Commissioner Harter stated that it would be his opinion that if the applicant were desirous of a color change they should have properly and that by requiring the applicant to change to the approved colors would be setting a bad precedent. Commissioner Telesio noted that he will maintain his position in that the colors be conformed to the list of approved colors and materials. Reiterating the importance of submitting requests through the proper channels, Commissioner Carey would be in favor of staff recommendation. Although he would not be opposed to the current bold color scheme, Chairman Chiniaeff noted that it would be important that proper submittals be taken. Commissioner Telesio noted that he would be willing to work with staff and the applicant on a sub-committee to come up with appropriate colors that would be in keeping with the surrounding community. MOTION: Commissioner Telesio moved to approve staff recommendation and that the applicant and staff work together to provide appropriate colors that would be in the Development Plan. Commissioner Guerriero seconded the motion and voice vote reflected unanimous aooroval. R:\MinutesPC\020707 7 PC RESOLUTION NO. 07 -07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0217, A MINOR MODIFICATION FOR THE CHANGE OF EXTERIOR PAIN COLORS FOR AN EXISTING BUILDING (MARIE CALLENDER'S RESTAURANT), LOCATED AT 29363 RANCHO CALIFORNIA ROAD (APN: 944-330-011) COMMISSIONER'S REPORT For Commissioner Guerriero, Director of Public Works Hughes noted that Level of Service (LOS) in the Wolf Creek area is being monitored. Chairman Chiniaeff advised the Commission that the City Council will be discussing the Promenade Mall Expansion at the February 13, 2007, City Council meeting and if they have any comments or concern that this meeting would be the place to voice them. PLANNING DIRECTOR'S REPORT Director of Planning advised that due to a lack of a quorum for the March 21, 2007, Planning Commission meeting, it will be rescheduled for Wednesday, March 14, 2007. Advising that a new Principal Planner has been hired, Director of Planning Ubnoske noted that he will be starting on Monday, February 12, 2007; and that Eric Jones has been hired as the Planning Department's new Junior Planner. Director of Public Works introduced newly hired Deputy Director of Public Works, Dan York. ADJOURNMENT At 8:15 pm, Chairman Chiniaeff formally adjourned to Februarv 21.2007 at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. Dennis Chiniaeff Chairman Debbie Ubnoske Director of Planning R:\MinutesPC\020707 8 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION ORIGINAL TO: Planning Commission FROM: Emery J. Papp, AICP, Senior Planner DATE: February 7,2007 SUBJECT: Proposed Zoning Ordinances adding Chapter 30 to Title 17 of the Temecula Municipal Code Establishing Non-Smoking Units in MulticFamily Housing; and adding Chapter 36 to Title 8 of the Temecula Municipal Code Prohibiting Smoking in Public Places and the Workplace BACKGROUND The proposed two non-smoking ordinances describe the harmful effects of secondhand smoke and provide relief to non-smokers from unwanted exposure to secondhand smoke. The following facts and figures contributed to the preparation of the Non-Smoking Ordinances: . Secondhand smoke is responsible for an estimated 38,000 deaths among non-smokers each year in the United States, which includes 3,000 lung cancer deaths and 35,000 deaths due to heart disease. . 87.9% of non-smokers showed detectable levels of cotinine (a metabolite of nicotine) in their blood, the most likely source of which is secondhand smoke exposure. . Secondhand smoke exposure causes as many as 300,000 children in the United States under the age of 18 months to suffer lower respiratory tract infections, such as pneumonia and bronchitis; exacerbates childhood asthma; and increases the risk of acute, chronic, middle-ear infections in children. . Secondhand smoke can seep under doorways and through wall cracks. . There is no Constitutional right to smoke. . State law prohibits smoking in virtually all indoor places of employment reflecting the state policy to protect against the dangers of exposure to secondhand smoke. . California law declares that anything that is injurious to health or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property is a nuisance. . Local governments have broad latitude to declare nuisances and are not constrained by prior definitions of nuisance. By declaring secondhand smoke to be a nuisance, theCity of T emecula has the authority to regulate smoking in and around multi-family residences, places of employment, and public places. The purpose and impact of each new ordinance is briefly described below: G:\PJanning\2007\PA07.0024 Non-Smoking Ordinance\Planning\PC Staff Report.DOC 1 Ordinance No. 07- (addinp Chapter 30 to Title 17 of the Temecula Municioal Code) orohibits smokino in and around certain multi-unit residences The intent of the ordinance is to supplement applicable state and federal laws pertaining to smoking. Moreover, it provides for the protection of public health, safety and welfare by protecting children, seniors and others from exposure to smoking where they live and play, and nonconsensual exposure to secondhand smoke in and around their homes. The ordinance requires that for all new multi-family residential projects containing 10 or more units, at least 20 percent of the units (including balconies, private outdoor spaces, decks, patios of units) shall be designated as non-smoking units. Nothing in the ordinance prevents a landlord from designating all units as non-smoking. For existing multi-family residences containing 10 or more units, at least 20 percent of the units (including balconies, private outdoor spaces, decks, patios of units) must be designated as non-smoking units within 5 years of the effective date of this chaptered ordinance. For existing senior citizen housing projects, an owner may apply for a single extension of the time to comply with the ordinance of no more than five years. However, the owner of any multi-family residence not dedicated to senior citizen housing may apply for up to three additional extensions of no more than one year each. In both instances, non-smoking units must be grouped together (e.g. horizontally or vertically) and physically separated from smoking units to the maximum extent practicable. Violations will be subjectto penalty under the T emecula Municipal Code and will be declared to be a public nuisance. Ordinance No. 07. (addino ChaQter 36 to Title 8 of the Temecula Municioal Code) orohibits smokino in oublic olaces. olaces of emolovment and certain other locations Under the provisions of this ordinance, smoking will be banned in all indoor locations, both public and private, that are open to the general public or accessed by employees. Smoking will be banned in certain outdoor locations, both public and private, including: places accessed by employees, parks, playgrounds, dining areas, and waiting areas. For example, under this draft ordinance smoking would be prohibited in the unenclosed patio dining area of restaurants in the City, all City parks and bus stops. Smoking will also be banned in certain other locations that are adjacent to or share ventilation systems with the above locations. The ordinance allows smoking in private homes (except when used as daycare or healthcare facilities or designated as non-smoking by Ordinance No. 07._), cigar stores, and hotel rooms. JUSTIFICATION Several studies and documents on the subject of the harmful effects of secondhand smoke were consulted in the preparation of these two ordinances. The following list represents those documents that were consulted and which are readily available on the internet. 1. American Academy of Actuaries, Costs Associated with Secondhand Smoke, October, 2006. htto:llwww.actuarv.oro/odf/health/smokino oct06.odf. G:\Planning\2007\PA07-0024 Non-Smoking Ordinance\Planning\PC Staff Report.DOC 2 2. California Air Resources Board, Resolution 06-01 (Jan. 26, 2006). htto:1 Iwww.arb.ca.aov/reoact/ets2006/res060 1 . odf. 3. California Department of Health Services, Tobacco Control Section, Youth Smoking (November 2005). htto:llwww.dhs.ca.aov/tobacco/documents/oubsNouthSmokino.odf. 4. California Environmental Protection Agency, Office of Environmental Health Hazard Assessment, Chemicals Known to the State to Cause Cancer or Reproductive Toxicity (Aug. 11, 2006). htto:llwww.oehha.ca.aov/oro065/oro065 Iist/files/P65sinale081106.odf. 5. California Environmental Protection Agency, Office of Environmental Health Hazard Assessment, Health Effects of Exposure to Environmental Tobacco Smoke, Final Report (1997). htto:llwww.oehha.ca.aov/air/environmentaltobacco/finalets.html. 6. California Environmental Protection Agency, Office of Environmental Health Hazard Management, Health Effects of Exposure to Environmental Tobacco Smoke: Final Report (1997). htto:llwww.oehha.ca.aov/air/environmentaltobacco/finalets.html. 7. S. A. Glantz & W. Parmley, Passive Smoking and Heart Disease: Epidemiology, Physiology, and Biochemistry, 83(1) CIRCULATION 1 (1991) 8. Max W. Rice DP, Zhang X, Sung H-Y, Miller L., The Cost of Smoking in California, 1999 (2002). htto:llwww.dhs.ca.aov/tobacco/documents/oubs/CostOfSmokina1999.odf. 9. United States Department of Health & Human Services, Preventing Tobacco Use Among Young People: A Report of the Surgeon General (1994). htto:llorofiles.nlm.nih.aov/NN/B/CIUQI Innbcla .odf. 10. United States Department of Health & Human Services, Centers for Disease Control and Prevention, Clean Indoor Air Regulations Fact Sheet (2001). htto:llwww.cdc.aov/tobacco/sarlsar2000/factsheets/factsheetclean.htm. 11. United States Department of Health & Human Services, Centers for Disease Control and Prevention, The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General (2006). htto:llwww .su roeonaeneral.oov/lib rarvlsecondhandsmoke/reoortlchaoter1 .odf. 12. United States Department of Health & Human Services, Centers for Disease Control and Prevention, Highlights Annual Smoking - Attributable Mortality, Years of Potential Life Lost, and Economic Costs - United States 1995-1999 (2002) MORBIDITY AND MORTALITY WEEKLY REPORT. htto://www.cdc.oov/tobacco/research data/economics/mmwr5114.hiahliahts.htm. 13. United States Department of Health & Human Services, Centers for Disease Control and Prevention, Reducing Tobacco Use: A Report of the Surgeon General (2001). htto:llwww.cdc.aov/tobacco/sarlsor 2000/FuIIReoort.odf. 14. United States Department of Health & Human Services, Centers for Disease Control and Prevention, Targeting Tobacco Use: The Nation's Leading Cause of Death 2006, (2006). htto:llwww .cdc.aov/nccdoholoublications/aaolodf/aao osh2006 .odf. G:\Planning\2007\PA07-0024 Non-Smoking Ordinance\Planning\PC Staff Report.DOC 3 ENVIRONMENTAL DETERMINATION Staff has determined that Ordinance No. 07-_ (Ordinance Regulating Smoking in Multi-Unit Residences) is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The Ordinance will have no adverse environmental affects because it will reduce the public's exposure to the harmful effects of second-hand smoke. Staff has also determined that Ordinance No. 07- _ (Ordinance Regulating Smoking in Public Places) is exempt from the requirements of the California Environmental Quality Act ("CEQA"). To the extent that the Ordinance applies to Places of Employment, it regulates working conditions by ensuring that employees and volunteers are not exposed to the harmful effects of second-hand smoke and is therefore categorically exempt from CEQA pursuant to Title 14 of the California Code of Regulations, Section 15324(c). The Ordinance is also exempt from CEQA in its entirety pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. The Ordinance will have no adverse environmental affects because it will reduce the public's exposure to the harmful effects of second-hand smoke." RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending that the City Council approve an Amendment to Title 17 of the Temecula Municipal Code. ATTACHMENTS 1. PC Resolution No. 07-_ (Mult-Unit Residences) - Blue Page Exhibit A - Proposed CC Ordinance No. 07- 2. PC Resolution No. 07-_ (Public Places, Places of Employment) - Blue Page Exhibit A - Proposed CC Ordinance No. 07- G:\Planning\2007\PA07-0024 Non-Smoking Ordinance\PJanning\PC Staff Report.DOC 4 ATTACHMENT NO.1 PC RESOLUTION NO. 07-_ MULTI-UNIT RESIDENCES G:IPlanning\2007IPA07-0024 Non-Smoking OrdinancelPlanninglPC Staff Report.DOC 5 PC RESOLUTION NO. 07-_ 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 OF TEMECULA PROHIBITING SMOKING IN AND AROUND MULTI-UNIT RESIDENCES AND ADDING CHAPTER 30 TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING IN MULTI-UNIT RESIDENCES (PLANNING APPLICATION PA07-0024)" Section 1. On April 12, 2005, the City Council of the City of Temecula adopted a comprehensive update to the City General Plan and Certified the Final Environmental Impact Report. Section 2. On January 25, 1995, the City Council of the City of Temecula adopted the City's Development Code. Section 3. The City has identified a need to amend the adopted Development Code to add two new Chapters to the Temecula Municipal Code regarding smoking in public places and multi-unit residences. Section 4. The Planning Commission considered the proposed Ordinance on February 7, 2006, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, an did testify either in support or opposition to this matter. Section 5. Recommendation of Aooroval. That the City of Temecula Planning Commission hereby recommends that the City Council adopt an ordinance adding Chapter 30 to Title 17 of the Temecula Municipal Code substantially in the form attached to this resolution as Exhibit A. Section 6. Environmental Comoliance. Staff has determined that Ordinance No. 07- (Ordinance Regulating Smoking in Multi-Unit Residences) is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The Ordinance will have no adverse environmental affects because it will reduce the public's exposure to the harmful effects of second-hand smoke. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. G:IPlanning\2007\PA07-0024 Non-Smoking OrdinancelPlanninglPC RESOLUTION Attachment1.doc 1 Section 7. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this yth day of February 2007. Dennis Chiniaeff, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 07-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7th day of February 2007, by the following vote of the Commission: AYES: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:IPlanning\2007\PA07-0024 Non-Smoking OrdinancelPlanninglPC RESOLUTION Attachment 1.doc 2 EXHIBIT A PROPOSED CC ORDINANCE 07-_ G:IPlanning\2007\PA07-0024 Non-Smoking OrdinancelPlanninglPC RESOLUTION Attachment l.doc 3 ORDINANCE 07 - AN ORDINANCE OF THE CITY OF TEMECULA PROHIBITING SMOKING IN AND AROUND MULTI-UNIT RESIDENCES AND ADDING CHAPTER 30 TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING IN MULTI-UNIT RESIDENCES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Temecula Municipal Code is amended by the addition of a new Chapter 30 to Title 17 thereto to read as follows: "CHAPTER 17.30 SMOKING IN MULTI-UNIT RESIDENCES 17.30.010. Findings and Ihtent The City Council finds, determines, and declares that: A. Tobacco use and exposure to secondhand smoke cause death and disease and impose great social and economic costs; and B. More than 440,000 people die in the United States from tobacco-related diseases every year, making it the nation's leading cause of preventable death; and C. The World Health Organization estimates that by 2030, tobacco will account for 10 million deaths per year, making it the greatest cause of death worldwide; and D. The United States Environmental Protection Agency has found secondhand smoke to be a risk to public health and has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen; and E. Secondhand smoke is responsible for an estimated 38,000 deaths among non-smokers each year in the United States, which includes 3,000 lung cancer deaths and 35,000 deaths due to heart disease; and F. 87.9% of non-smokers showed detectable levels of cotinine (a metabolite of nicotine) in their blood, the most likely source of which is secondhand smoke exposure; and G. Secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight and increased risk of Sudden Infant Death Syndrome in infants of mothers who smoke; and H. Secondhand smoke exposure causes as many as 300,000 children in the United States under the age of 18 months to suffer lower respiratory tract infections, G:IPlanning\2007\PA07-0024 Non-Smoking OrdinanceIPlanninglDraft CC Ord. - Multi-unit residences.DOC such as pneumonia and bronchitis; exacerbates childhood asthma; and increases the risk of acute, chronic, middle-ear infections in children; and I. The total cost of smoking in California was estimated as $475 per resident or $3,331 per smoker per year, for a total of nearly $15.8 billion in smoking-related costs in 1999 alone; and J. Cigarettes, cigars, pipes and other smoking materials are the leading cause of fire deaths in the United States, causing an estimated 31,200 structure fires and 830 deaths in 2001; and K. Most Californians do not smoke and a majority favor limitations on smoking in multi-unit residences, as evidenced by the facts that 84% of Californians are non-smokers; 70% of Californians surveyed approve of apartment complexes requiring at least half of rental units be non-smoking; and 67% of Californians surveyed favor limiting smoking in outdoor common areas of apartment buildings; and L. Secondhand smoke can seep under doorways and through wall cracks; and M. There is no Constitutional right to smoke; and N. State law prohibits smoking in virtually all indoor places of employment reflecting the state policy to protect against the dangers of exposure to secondhand smoke; and O. California law declares that anything that is injurious to health or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property is an nuisance; and P. Local governments have broad latitude to declare nuisances and are not constrained by prior definitions of nuisance; and a. It is the intent of the City Council of the City of Temecula in enacting this ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users; by protecting children from exposure to smoking where they live and play; and by protecting the public from nonconsensual exposure to secondhand smoke in and around their homes; and R. It is the intent of the City Council of the City of Temecula to supplement applicable state and federal laws pertaining to smoking and not to duplicate, contradict, or frustrate such laws. This Ordinance shall be construed consistently with that intention. 2 17.30.020. Definitions For the purposes of this Chapter the following definitions shall govern unless the context clearly requires otherwise: A. "Landlord" means any Person who owns real property that is leased as residential property, lets residential property, or manages such property, except that "Landlord" does not include sublessors; B. "Multi-Unit Residence" means a Premises leased as residential property and that contains two (2) or more Units, none of which are occupied by a Landlord of the Premises; C. "Multi-Unit Residence Common Area" means any indoor or outdoor area of a Multi-Unit Residence accessible to and usable by residents of different Units; including but not limited to halls and paths, lobbies, laundry rooms, common cooking areas, outdoor eating areas, play areas, swimming pools, and parking areas; D. corporation, entity; "Person" means any natural person, partnership, cooperative association, personal representative, receiver, trustee, assignee, or any other legal E. "Premises" means a piece of land and any improvements thereon such as is usually described in a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same natural Person or by legal Persons under common control; F. "Reasonable Distance" means a distance of at least twenty-five (25) feet in any direction from an area in which smoking is prohibited. This distance should be reasonably sufficient to make it unlikely that secondhand smoke will enter non-smoking areas; G. "Smoking" or to "Smoke" means holding or possessing a lighted tobacco product or paraphernalia (including but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or any other lighted weed or plant the smoke of which is commonly inhaled, or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant the smoke of which is commonly inhaled; H. "Unit" means either a dwelling space consisting of essentially complete independent living facilities for one or more persons, including, for example, permanent provisions for living and sleeping, and any private outdoor spaces like balconies and patios; or senior citizen housing and single room occupancy hotels, as defined in California Health and Safety Code section 50519(b)(1), even where lacking private cooking facilities or private plumbing facilities. "Unit" does not include lodging in a hotel or motel that meets the requirements set forth in California Civil Code section 1940(b)(2). G:IPlanning\2007\PA07-0024 Non-Smoking OrdinanceIPlamtinglDraft CC Ord. - Multi-unit residences.DOC 17.30.030. No-Smoking Common Areas, Designated Smoking Areas A. Smoking is prohibited in all Multi-Unit Residence Common Areas except that a Landlord may designate a portion of the outdoor area of Premises as a Smoking area as provided in this Section; B. Designated Smoking areas: 1 . Shall be located a Reasonable Distance from any indoor area where Smoking is prohibited; 2. Shall not include, and must be a Reasonable Distance from, outdoor areas primarily used by children including, but not limited to, areas improved or designated for play or swimming; 3. Shall be no more than twenty-five (25) percent of the total outdoor area of the Premises for which it is designated; 4. Shall have a perimeter that is clearly marked with conspicuous signs; 5. Shall not overlap with any area in which Smoking is otherwise prohibited by this Chapter or other provisions of this Code, state law, or federal law. 17.30.040. Smoke-Free Buffer Zones Smoking is prohibited on the Premises of a Multi-Unit Residence within a Reasonable Distance of any entrance, opening, or other vent into an enclosed area of a Multi-Unit Residence in which Smoking is prohibited by this Chapter, other provisions of this Code, state law, or federal law. For example, and without limitation, Smoking on balconies, porches, or patios within a Reasonable Distance of a window or door of a non-smoking Unit is prohibited. This provision does not apply inside a designated Smoking Unit pursuant to Section 17.30.040 of this Chapter. 17.30.050. Non-Smoking Units Required in Multi-Unit Residences A. New Multi-Unit Residences 1. In every Multi-Unit Residence first occupied by a resident or tenant more than six months after the effective date of this Chapter and containing ten (10) or more Units, at least twenty-five (25) percent of the Units (including private outdoor spaces associated with such Units, such as balconies, patios and decks), shall be designated as non-smoking Units. Notwithstanding this requirement, the Landlord may choose to designate all Units as non-smoking. Non-smoking Units must be grouped together (e.g., horizontally and/or vertically) and physically separated from Smoking Units to the maximum extent practicable. B. Existing Multi-Unit Residences 4 1. In every Multi-Unit Residence currently and previously occupied on the effective date of this Chapter, not subject to Section 17.30.040(A), and containing ten (10) or more Units, at least twenty-five (25) percent of the Units (including private outdoor spaces associated with such Units, such as balconies, patios, and decks), must be designated as non-smoking Units within five (5) years of the effective date of this Chapter. Notwithstanding this requirement, the Landlord may choose to designate all Units as non-smoking. Non-smoking Units must be grouped together (e.g., horizontally and/or vertically) and physically separated from Smoking Units to the maximum extent practicable. 2. A Unit designated non-smoking by action of the Landlord or by the force of this Chapter shall not be subject to the Smoking restrictions in Section 13.30.040(B)(1) while the legal tenant(s) in occupancy on the effective date of this Chapter continuously lease(s) the Unit. 3. A Landlord may apply for a single extension of the time to comply with Section 17.30.040(B)(1) of no more than five (5) years. Such application shall be before the fifth (5th) anniversary of the effective date of this Chapter and shall be granted if reasonably necessary to obtain compliance with Section 17.30.040(B). A Landlord of any Multi-Unit Residence not dedicated to senior citizen housing may apply for up to three (3) additional extensions of no more than one (1) year each. Application for an additional extension shall be made before the expiration of the last extension. C. Smoking is prohibited in non-smoking Units in Multi-Unit Residences. 17.30.060. Disclosure of Non-Smoking Units By Landlord Every Landlord shall maintain a current list of designated non-smoking Units and a floor plan identifying the relative position of Smoking and non-smoking Units as well as the location of any designated Smoking Areas. The Landlord shall provide a copy of the list and the floor plan to the City and to every tenant. 17.30.070. Prohibitions And Duties Generally A. No Person shall Smoke or knowingly permit Smoking in an area of the Premises under his or her legal or de facto control in which Smoking is prohibited by a lease or agreement term, by this Chapter, this Code, or any other state or federal law provided, however, that this prohibition does not apply to a Person who is already compelled to act under state or federal law. B. No Person shall knowingly permit the presence or placement of ash trays, cans, or other receptacles within Multi-Unit Residence Common Areas under his or her legal or de facto control in which Smoking is prohibited by this Chapter, this Code, or any other state or federal law, including, for example and without limitation, within a Reasonable Distance of any non-smoking area. C. "No Smoking" signs, with letters of no less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning 5 cigarette enclosed in a red circle crossed by a red bar) shall be clearly and conspicuously posted and maintained by the Landlord in every place on the Premises in which Smoking is prohibited by this Chapter or by the Landlord, except that signs are not required inside Units. Signs must be sufficient to make areas where Smoking is prohibited obvious to a reasonable person. 17.30.080. Medical Marijuana Notwithstanding any other provision of this Chapter, Smoking marijuana for medical purposes as permitted by California Health and Safety Code sections 11362.7 et seq in any Unit of a Multi-Unit Residence is not prohibited by this Chapter. Notwithstanding the forgoing, such use of marijuana may be prohibited by other provisions of this Code, state law, or federal law. 17.30.090. Enforcement The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity. A. Violations of this Chapter are subject to penalty pursuant to Chapters 1.21 and 1.24 of the Temecula Municipal Code. B. No Person shall intimidate, harass, or otherwise retaliate against any Person who seeks to attain compliance with this 'Chapter. Moreover, no Person shall intentionally or recklessly expose another Person to secondhand smoke in response to that Person's effort to achieve compliance with this Chapter. Violation of this subsection shall constitute a misdemeanor. C. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall constitute an infraction. D. A violation of this Chapter is hereby declared to be a public nuisance. E. In addition to other remedies provided by this Chapter or otherwise available at law or in equity, any violation of this Chapter may be remedied by a civil action brought by the City, including, without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief." 6 Section 2. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental auality Act ("CEaA") pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The Ordinance will have no adverse environmental affects because it will reduce the public's exposure to the harmful effects of second-hand smoke. Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 4. The City Clerk is directed to certify to the passage and adoption of this ordinance and to cause this ordinance to be published as required by law. 7 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of 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 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 day of , , 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: NOES; ABSENT: ABSTAIN: COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS Susan W. Jones, MMC City Clerk G:IPlanning\2007IPA07-0024 Non-Smoking OrdinanceIPlanninglDraft CC Ord. - Multi-unit residences.DOC ATTACHMENT NO.2 PC RESOLUTION NO. 07-_ PUBLIC PLACES, PLACES OF EMPLOYMENT, AND CERTAIN OTHER LOCATIONS G:IPlanning\2007\PA07-0024 Non-Smoking OrdinancelPlanninglPC Staff Report.DOC 6 PC RESOLUTION NO. 07-_ 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 OF TEMECULA PROHIBITING SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT, AND CERTAIN OTHER LOCATIONS AND ADDING CHAPTER 36 TO TITLE 8 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING (PLANNING APPLICATION PA07- 0024)" Section 1. On April 12, 2005, the City Council of the City of Temecula adopted a comprehensive update to the City General Plan and Certified the Final Environmental Impact Report. Section 2. On January 25, 1995, the City Council of the City of Temecula adopted the City's Development Code. Section 3. The City has identified a need to amend the adopted Development Code. Section 4. The Planning Commission considered the proposed Ordinance on February 7, 2006, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, an did testify either in support or opposition to this matter. Section 5. Recommendation of Aoo!oval. That the City of Temecula Planning Commission hereby recommends that the City Council adopt an ordinance adding Chapter 36 to Title 8 of the Temecula Municipal Code substantially in the form attached to this resolution as Exhibit A. Section 6. Environmental Comoliance. Staff has determined that Ordinance No. 07- _ (Ordinance Regulating Smoking in Public Places) is exempt from the requirements of the California Environmental Quality Act ("CEQA"). To the extent that the Ordinance applies to Places of Employment, it regulates working conditions by ensuring that employees and volunteers are not exposed to the harmful effects of second-hand smoke and is therefore categorically exempt from CEQA pursuant to Title 14 of the California Code of Regulations, Section 15324(c). The Ordinance is also exempt from CEQA in its entirety pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. The Ordinance will have no adverse environmental affects because it will reduce the public's exposure to the harmful effects of second-hand srnoke. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. G:IPlanning\2007\PA07-0024 Non-Smoking OrdinancelPlanninglPC RESOLUTION Attachment 2.doc Section 7. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of February 2007. Dennis Chiniaeff, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 07-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7th day of February 2007, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: NOES: ABSENT: ABSTAIN: Debbie Ubnoske, Secretary G:IPlanning\2007\PA07-0024 Non-Smoking OrdinancelPlanninglPC RESOLUTION Attachment 2.doc EXHIBIT A PROPOSED CC ORDINANCE 07-_ PUBLIC PLACES, PLACES OF EMPLOYMENT, AND CERTAIN OTHER LOCATIONS G:IPlanning\2007\PA07-0024 Non-Smoking OrdinancelPlanninglPC RESOLUTION Attachment 2.doc ORDINANCE 07 - AN ORDINANCE OF THE CITY OF TEMECULA PROHIBITING SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT, AND CERTAIN OTHER LOCATIONS AND ADDING CHAPTER 36 TO TITLE 8 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Temecula Municipal Code is amended by the addition of a new Chapter 36 to Title 8 thereto to read as follows: "CHAPTER 8.36 SMOKING IN PUBLIC PLACES 8.36.010. Findings and Intent The City Council finds, determines, and declares that: A. Tobacco use and exposure to secondhand smoke cause death and disease and impose great social and economic costs; and B. More than 440,000 people die in the United States from tobacco-related diseases every year, making it the nation's leading cause of preventable death; and C. The World Health Organization estimates that by 2030, tobacco will account for 10 million deaths per year, making it the greatest cause of death worldwide; and D. The United States Environmental Protection Agency has found secondhand smoke to be a risk to public health and has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen; and E. Secondhand smoke is responsible for an estimated 38,000 deaths among non-smokers each year in the United States, which includes 3,000 lung cancer deaths and 35,000 deaths due to heart disease; and F. 87.9% of non-smokers showed detectable levels of cotinine (a metabolite of nicotine) in their blood, the most likely source of which is secondhand smoke exposure; and G. Secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight and increased risk of Sudden Infant Death Syndrome in infants of mothers who smoke; and H. Secondhand smoke exposure causes as many as 300,000 children in the United States under the age of 18 months to suffer lower respiratory tract infections, G:IPlanning\2007\PA07-0024 Non-Smoking OrdinancelPlanninglDraft CC Ord. - Public places.DOC such as pneumonia and bronchitis; exacerbates childhood asthma; and increases the risk of acute, chronic, middle-ear infections in children; and I. The total cost of smoking in California was estimated as $475 per resident or $3,331 per smoker per year, for a total of nearly $15.8 billion in smoking-related costs in 1999 alone; and J. Cigarettes, cigars, pipes and other smoking materials are the leading cause of fire deaths in the United States, causing an estimated 31,200 structure fires and 830 deaths in 2001; and K. 84% of Californians are non-smokers; and L. There is no Constitutional right to smoke; and M. State law prohibits smoking in virtually all indoor places of employment reflecting the state policy to protect against the dangers of exposure to secondhand smoke; and N. California law declares that anything that is injurious to health or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property is an nuisance; and O. Local governments have broad latitude to declare nuisances and are not constrained by prior definitions of nuisance; and P. It is the intent of the City Council of the City of Temecula in enacting this Chapter, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users; by protecting children from exposure to smoking where they live and play; and by protecting the public from nonconsensual exposure to secondhand smoke in and around their homes; and a. It is the intent of the City Council of the City of Temecula to supplement applicable state and federal laws pertaining to smoking and not to duplicate, contradict, or frustrate such laws. This Ordinance shall be construed consistently with that intention. 8.36.020. Definitions For the purposes of this Chapter the following definitions shall govern unless the context clearly requires otherwise: . "Business" means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes or that has an Employee, as defined in this Section. 2 "Dining Area" means any area available to or customarily used by the general public that is designed, established, or regularly used for consuming food or drink. "Employee" means any person who is employed; retained as an independent contractor by any Employer, as defined in this section; or any person who volunteers his or her services for an Employer, association, nonprofit, or volunteer entity. "Employer" means any person, partnership, corporation, association, nonprofit or other entity who employs or retains the service of one or more persons, or supervises volunteers. "Enclosed" means: 1. Any covered or partially covered space having more than 50% of its perimeter area walled in or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or 2. Any space open to the sky (hereinafter "uncovered") having more than 75% of its perimeter area walled in or otherwise closed to the outside such as, for example, a courtyard; except that an uncovered space of three thousand (3000) square feet or more is not Enclosed, such as, for example, a field in an open-air arena. "Nonprofit Entity" means any entity that meets the requirements of Section 5003 of the California Corporations Code as well as any corporation, unincorporated association, or other entity created for charitable, religious, philanthropic, educational, political, social, or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this section. "Park" means any community park, neighborhood park, special use, or any other recreational facility maintained by the City of Temecula. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity . "Place of Employment" means any area under the legal or de facto control of an Employer, Business, or Nonprofit Entity that an Employee or the general public may have cause to enter in the normal course of operations, but regardless of the hours of operation; including, for example, indoor and outdoor work areas, construction sites, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities, and warehouses. "Playground" means any park or recreational area designed in part to be used by children that has play or sports equipment installed or has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds, or on City grounds. 3 "Public Place" means any place, public or private, open to the general public regardless of any fee or age requirement; including, for example, bars, restaurants, clubs, stores, stadiums, parks, playgrounds, taxis, and buses. "Reasonable Distance" means a distance of at least twenty-five (25) feet in any direction from an area in which smoking is prohibited. This distance should be reasonably sufficient to make it unlikely that secondhand smoke will enter non-smoking areas. "Recreational Area" means any area, public or private, open to the public for recreational purposes regardless of any fee requirement, including, for example, parks, gardens, sporting facilities, stadiums, and playgrounds. "Service Area" means any area designed to be or regularly used by one or more persons to receive or wait to receive a service, enter a public place, or make a transaction whether or not such service includes the exchange of money; including, for example, automated teller machines ("ATMs"), bank teller windows, telephones, ticket lines, bus stops, and cab stands. "Significant Tobacco Retailer" means any tobacco retailer that derives seventy- five percent (75%) or more of gross sales receipts from the sale or exchange of tobacco products and tobacco paraphernalia. "Smoking" or to "Smoke" means holding or possessing a lighted tobacco product or paraphernalia (including but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or any other lighted weed or plant the smoke of which is commonly inhaled, or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant the smoke of which is commonly inhaled. 8.36.030. Prohibition of Smoking in Public Places, Places of Employment, and Other Areas A. Enclosed Places. Smoking is prohibited in the following Enclosed places except in places listed in subsection 8.36.030(D) below, and except in such places in which smoking is already prohibited by state or federal law: 1. Public Places; 2. Places of Employment; 3. Enclosed areas that are adjacent to an Enclosed area in which smoking is prohibited by any other provision of this Chapter, state law, or federal law and have a common or shared air space; such as, without limitation, openings, cracks, air ventilation systems, doorways, hallways, and stairways. For these purposes, the fact that smoke enters one Enclosed area from another Enclosed area is conclusive proof that the areas share a common or shared air space; 4 4. Enclosed areas that have common or shared ventilation, air conditioning, or heating system with an Enclosed area in which smoking is prohibited. Notwithstanding any other provision, the fact that smoke enters one Enclosed area from another Enclosed area is conclusive proof that the areas share a common or shared air space. B. Unenclosed Places. Smoking is prohibited in the following Unenclosed places except in such places in which smoking is already prohibited by state or federal law in which case the state or federal law applies: 1 . Places of Employment; 2. Service Areas; 3. Dining Areas; 4. Parks, Playgrounds, and Recreational areas; 5. Ticket, boarding, and waiting areas of transit depots; and 6. The sites of public events including, for example, sports events, entertainment, speaking performances, ceremonies, pageants, and fairs, provided however that this prohibition shall not prevent the establishment of a separate, designated smoking area set apart from and no larger than the primary event area. C. Unless otherwise prohibited by law, smoking is permitted in the following Enclosed places: 1. Significant tobacco retailers, if minors are prohibited at all times from entering the store. 2. By performers during theatrical productions, if smoking is a part of the theatrical production; 3. Private residential property, except when designated as non- smoking under Chapter 30 of Title 17 of this Code or used as a childcare or health care facility subject to licensing requirements and children, patients, or Employees are present; 4. Up to twenty-five percent (25%) of hotel and motel guest rooms, if the hotel or motel permanently designates particular guest rooms as nonsmoking rooms such that seventy-five (75%) or more of its guest rooms are nonsmoking and ashtrays and matches are permanently removed from such nonsmoking rooms. Permanent "no smoking" signage shall be posted in nonsmoking rooms. 5 8.36.040. Reasonable Smoking Distance Required A. Smoking is prohibited in all Unenclosed areas within a Reasonable Distance of: 1. Any entrance, opening, crack, or vent into an Enclosed area in which smoking is prohibited, except while the person smoking is actively passing on the way to another destination and so long as smoke does not enter any Enclosed area in which smoking is prohibited. 2. Any Unenclosed area in which smoking is prohibited under subdivision (B) of Section 8.36.030 of this Chapter except while the person smoking is actively passing on the way to another destination. B. The prohibitions in subdivisions (A) of this Section shall not apply to areas of private property that are not part of a Place of Employment or Public Place. 8.36.050. Prohibitions and Duties Generally A. No person, Employer, Business, or Nonprofit Entity shall knowingly permit the Smoking of Tobacco Products in an area which is under the legal or de facto control of the person, Employer, Business, or Nonprofit Entity and in which smoking is prohibited by this Chapter. B. No person, Employer, Business, or Nonprofit Entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area which is under the legal or de facto control of the person, Employer, Business, or Nonprofit Entity and in which smoking is prohibited, including, without limitation, inside the perimeter of any Reasonable Distance required by this Chapter. C. Notwithstanding any other provision of this Chapter, any owner, landlord, Employer, Business, Nonprofit Entity, or other person who controls any property, establishment, or Place of Employment regulated by this Chapter may declare any part of such area in which smoking would otherwise be permitted to be a nonsmoking area. D. "No Smoking" or "Smoke Free" signs, with letters of no less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every Enclosed and Unenclosed place in which Smoking is prohibited by this Chapter, by the person, Employer, Business, or Nonprofit Entity that has legal or de facto control of such place. For purposes of this chapter, the City Manager or designee shall be responsible for the posting of signs in regulated facilities owned or leased in part by the City. Notwithstanding this provision, the presence or absence of signs shall not be a defense to the violation of any other provision of this Chapter. 6 8.36.060. Enforcement The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity. A. Violations of this Chapter are subject to penalty pursuant to Chapters 1.21 and 1.24 of the Temecula Municipal Code. B. No Person shall intimidate, harass, or otherwise retaliate against any Person who seeks to attain compliance with this Chapter. Moreover, no Person shall intentionally or recklessly expose another Person to secondhand smoke in response to that Person's effort to achieve compliance with this Chapter. Violation of this subsection shall constitute a misdemeanor. C. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall constitute an infraction. D. A violation of this Chapter is hereby declared to be a public nuisance. E. In addition to other remedies provided by this Chapter or otherwise available at law or in equity, any violation of this Chapter may be remedied by a civil action brought by the City, including, without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcernent proceedings, and suits for injunctive relief. Section 2. Environmental Findina. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental auality Act ("CEaA"). To the extent that the Ordinance applies to Places of Employment, it regulates working conditions by ensuring that employees and volunteers are not exposed to the harmful effects of second-hand smoke and is therefore categorically exempt from CEaA pursuant to Title 14 of the California Code of Regulations, Section 15324(c). The Ordinance is also exempt from CEaA in its entirety pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the Ordinance rnay have a significant effect on the environment. The Ordinance will have no adverse environmental affects because it will reduce the public's exposure to the harmful effects of second-hand smoke. 7 Section 3. Severabilitv. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 4. The City Clerk shall certify the passage and adoption of this ordinance and to cause this ordinance to be published as required by law. 8 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of 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 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 day of , , 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: NOES; ABSENT: ABSTAIN: COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS Susan W. Jones, MMC G:IPlanning\2007\PA07-0024 Non-Smoking OrdinancelPlanninglDraft CC Ord. - Public places. DOC Ii - I. ITEM NO. 18 I I Approvals City Attorney Director of Finance City Manager ~r 1112. Cf0 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: April 24, 2007 SUBJECT: Adjustment of the Transportation Uniform Mitigation Fee ("TUMF") PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE APPLICABLE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF TEMECULA BACKGROUND: The City of Temecula is a Member Agency of the Western Riverside Council of Governments (WRCOG), a joint powers agency consisting of the City, the County of Riverside, and thirteen other member agencies located in Western Riverside County. The member agencies of WRCOG recognized that there was insufficient funding to address the impacts of new development on the Regional System of Highways and Arterials in Western Riverside County (the "Regional System"). To address the shortfall, the member agencies formulated a plan whereby a transportation mitigation fee would be assessed on new development and used to fund the necessary improvements on the Regional System. In 2002, WRCOG adopted the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Nexus Study pursuant to California Government Code Section 66000et seq., the Mitigation Fee Act. On January 28, 2003 the City of Temecula adopted and implemented an ordinance authorizing its participation in the TUMF Program, which was codified in Chapter 15.08 of the Temecula Municipal Code (TUMF Ordinance). On February 6, 2006 WRCOG adopted the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Nexus Study 2005 Update, which served as the basis for the City Council to amend the City's TUMF Ordinance on April 11 , 2006. On February 5, 2007 the WRCOG Executive Committee approved an adjustment of the TUMF in light of recent increases in the cost of constructing the regional transportation system. This adjustment was based on increases to the Construction Cost Index ("CCI"), which WRCOG has determined to be an accurate reflection of the cost of constructing the regional transportation system identified in the 2005 Nexus Study. The adjustment establishes a TUMF fee of $1 0,046 per Single Family Residential Unit and $7,054 per Multi-Family Residential Unit. For non-residential development, the TUMF is based on the square footage of gross floor area of the non-residential project, or $2.35 per square foot for Industrial Projects; $12.94 per square foot for Retail Commercial; $6.56 per square foot for Service Commercial Projects; and $2.19 per square foot for Class A and Class B Office Projects. Section 15.08.040(C), "Fee Adjustment" of the City's TUMF Ordinance authorizes periodic review and adjustment to the applicable TUMF fees in accordance with any adjustments made by the WRCOG Executive Committee. The fees are proposed to take effect beginning on July 1,2007. For non-residential uses, the fees will be phased in over a two-year period beginning July 1,2007, reaching 100% of the applicable fees beginning July 1, 2009. The respective fees allocable to future new residential and non-residential development in the City of Temecula are summarized in the following tables: TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) FOR THE CITY OF TEMECULA Current Fee Adjusted Fee Fee Category Units Per Unit Per Unit (effective 07/01/06) (Proposed 07/01/07) Single Family Residential DU* $9,693 $10,046 Multi-Familv Residential DU $6.806 $7,054 Industrial SF GFA** $2.27 $2.35 Retail Commercial SF GFA $12.49 $12.94 Service Commercial SF GFA $6.33 $6.56 Class A Office Proiect*** SF GFA $2.11 $2.19 Class B Office Project*** SF GFA $2.11 $2.19 * DU=Dwelling Unit SF GFA=Square Foot Gross Floor Area Designates square foot costs for Class A & B Office Projects until 06/30/08, plus any Construction Cost Index (CCI) adjustments. ** *** Adjusted Fee Adjusted Fee Adjusted Fee Fee Category Units Per Unit Per Unit Per Unit 07/01/07-06/30/08 07/01/08-06/30/09 07/01/09-06/30/10 Industrial SF GFA* $1.84 $2.09 $2.35 Retail Commercial SF GFA $9.99 $11.46 $12.94 Service Commercial SF GFA $5.71 $6.14 $6.56 I Class A Project** Office SF GFA $2.19 TBD*** TBD Class B Project** Office SF GFA $2.19 TBD TBD * SF GFA=Square Foot Gross Floor Area Designates square foot costs for Class A & B Office Projects until 06/30/08, plus any Construction Cost Index (CCI) adjustments. TBD = To Be Determined ** *** All of the Western Riverside County Cities and the County of Riverside must adopt the uniform fees so that the regional transportation improvements identified in the 2005 Nexus Study can be financed and constructed. The proposed resolution incorporates these adjustments into the City of Temecula's TUMF fee schedule. Overall, the proposed resolution will maintain the integrity of the TUMF Program by ensuring that there is sufficient funding to construct the regional improvements necessitated by new development. FISCAL IMPACT: The proposed resolution will increase the TUMF fee in order to accurately reflect the current cost of constructing the regional transportation improvement authorized by the TUMF Program. ATTACHMENTS: Resolution No. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE APPLICABLE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula hereby finds and determines that: A. The City of Temecula (the "City") is a member agency of the Western Riverside Council of Governments ('WRCOG"), a joint powers agency comprised of the County of Riverside and fourteen cities located in Western Riverside County; and B. The member agencies of WRCOG recognized that there was insufficient funding to address the impacts of new development on the regional system of highways and arterials in Western Riverside County (the "Regional System"); and C. In order to address this shortfall, the member agencies formulated a plan whereby a transportation mitigation fee would be assessed on new development and would be used to fund the necessary improvements for the Regional System; and D. In furtherance of this plan, the WRCOG Executive Committee adopted the 'Western Riverside County Transportation Uniform Mitigation Fee Nexus Study," date October 18, 2002 (the 2002 Nexus Study"); and E. Based on the 2002 Nexus Study, the City adopted Ordinance 03-01 on January 28, 2003 pursuant to California Government Code sections 66000 et seq. authorizing the City to impose the Transportation Uniform Mitigation Fee ("TUMF") upon new development; and F. On February 6, 2006 the WRCOG Executive Committee adopted the 'Western Riverside County Transportation Uniform Mitigation Fee Nexus Study 2005 Update (the "Nexus Study") which served as a basis for the City Council to adopt Ordinance 06-04, which amended the City' existing TUMF Ordinance on April 11, 2006; and G. Section 15.08.040 of the Temecula Municipal Code authorizes periodic review and adjustment to the applicable TUMF in accordance with any adjustments made by the WRCOG Executive Committee; and H. On February 5, 2007 the WRCOG Executive Committee recommended that member agencies adjust their applicable TUMF to reflect increases in the construction cost index; and I. The increase of the construction cost index reflects the increased cost of construction of the public facilities authorized by the Nexus Study; and J. The adjusted fee collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the Nexus Study; and K. On April 24, 2007 the City Council held a duly noticed public hearing on this Resolution. Section 2. Definitions. The terms of this Resolution shall have the same meaning ascribed to them in Section 15.08.030 of the Temecula Municipal Code. Section 3. TUMF Fee Schedule. In accordance with Section 15.08.040 of the Temecula Municipal Code, the City hereby amends and increases the TUMF so that they currently are as follows: (1) $10,046.00 per single family residential unit (2) $7,054.00 per multi-family residential unit (3) $2.35 per square foot of an industrial project (4) $12.94 per square foot of a retail commercial project (5) $6.56 per square foot of a service commercial project (6) $2.19 per square foot of a service Class A and B Office Section 4. TUMF Fee Schedule Phasing. Notwithstanding the fee schedule set forth in Section 3 of this Resolution, the TUMF Fee Schedule shall be phased in as follows: A. From July 1, 2007 to June 30, 2008 the fee schedule shall be as follows: (1) $10,046.00 per single family residential unit (2) $7,054.00 per multi-family residential unit (3) $1.84 per square foot of an industrial project (4) $9.99 per square foot of a retail commercial project (5) $5.71 per square foot of a service commercial project (6) $2.19 per square foot of a service Class A and B Office B. follows: From July 1, 2008 through June 30, 2009 the fee schedule shall be as (1) $10,046.00 per single family residential unit (2) $7,054.00 per multi-family residential unit (3) $2.09 per square foot of an industrial project (4) $11.46 per square foot of a retail commercial project (5) $6.14 per square foot of a service commercial project (6) Class A and B Office TBD C. From July 1, 2009 the fee schedule shall be as follows: (1) $10,046.00 per single family residential unit (2) $7,054.00 per multi-family residential unit (3) $2.35 per square foot of an industrial project (4) $12.94 per square foot of a retail commercial project (5) $6.56 per square foot of a service commercial project (6) Class A and B Office TBD Section 5. CEQA Findings. The City Council hereby determines, in accordance with 14 Cal. Code Regs. Section 15061(b) of the California Environmental auality Act Guidelines ("CEaA Guidelines"), that the Transportation Uniform Mitigation Fees as described in this Resolution is not a "project" within the meaning of Section 15378 of the CEQA Guidelines, and is therefore exempt from the requirements of CEaA. The Resolution, in conjunction with Ordinance No. 06-04, establishes a funding mechanism for potential transportation improvements and does not approve the construction nor cause the construction of any specific transportation improvements within Riverside County. This Resolution will have no effect on the environment. Pursuant to CEQA Guidelines Section 15061(d) and 15062, the City Manager is hereby directed to cause a Notice of Exemption to be prepared, executed and filed for the foregoing determination in the manner required by law, that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. Section 6. Effective Date. This Resolution shall become effective on July 1, 2007. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of April, 2007. Chuck Washinton, 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 24th day of April, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Revised TUMF Resolution Pertaining to Section 1.F Per Peter Thorson Item No. 18 RESOLUTION NO. 07-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE APPLICABLE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF TEMECULA THE CITY COUNCil OF THE CITY OF TEMECUlA DOES HEREBY RESOLVE AS FOllOWS: Section 1. Findings. The City Council of the City of Temecula hereby finds and determines that: A. The City of Temecula (the "City") is a member agency of the Western Riverside Council of Governments ('WRCOG"), a joint powers agency comprised of the County of Riverside and fourteen cities located in Western Riverside County; and B. The member agencies of WRCOG recognized that there was insufficient funding to address the impacts of new development on the regional system of highways and arterials in Western Riverside County (the "Regional System"); and C. In order to address this shortfall, the member agencies formulated a plan whereby a transportation mitigation fee would be assessed on new development and would be used to fund the necessary improvements for the Regional System; and D. In furtherance of this plan, the WRCOG Executive Committee adopted the 'Western Riverside County Transportation Uniform Mitigation Fee Nexus Study," date October 18, 2002 (the 2002 Nexus Study"); and E. Based on the 2002 Nexus Study, the City adopted Ordinance 03-01 on January 28, 2003 pursuant to California Government Code sections 66000 et seq. authorizing the City to impose the Transportation Uniform Mitigation Fee ("TUMF") upon new development; and F. The Council readopts the findings contained in Section 15.08.020 of the Temecula Municipal Code in support of the adjusted TUMF contained herein; and G. On February 6, 2006 the WRCOG Executive Committee adopted the 'Western Riverside County Transportation Uniform Mitigation Fee Nexus Study 2005 Update (the "Nexus Study") which served as a basis for the City Council to adopt Ordinance 06-04, which amended the City' existing TUMF Ordinance on April 11, 2006; and R:/Resos 2007/Resos 07-34 H. Section 15.08.040 of the Temecula Municipal Code authorizes periodic review and adjustment to the applicable TUMF in accordance with any adjustments made by the WRCOG Executive Committee; and I. On February 5, 2007 the WRCOG Executive Committee recommended that member agencies adjust their applicable TUMF to reflect increases in the construction cost index; and J. The increase of the construction cost index reflects the increased cost of construction of the public facilities authorized by the Nexus Study; and K. The adjusted fee collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the Nexus Study; and L. On April 24, 2007 the City Council held a duly noticed public hearing on this Resolution. Section 2. Definitions. The terms of this Resolution shall have the same meaning ascribed to them in Section 15.08.030 of the Temecula Municipal Code. Section 3. TUMF Fee Schedule. In accordance with Section 15.08.040 of the Temecula Municipal Code, the City hereby amends and increases the TUMF so that they currently are as follows: (1) $10,046.00 per single family residential unit (2) $7,054.00 per multi-family residential unit (3) $2.35 per square foot of an industrial project (4) $12.94 per square foot of a retail commercial project (5) $6.56 per square foot of a service commercial project (6) $2.19 per square foot of a service Class A and B Office Section 4. TUMF Fee Schedule Phasing. Notwithstanding the fee schedule set forth in Section 3 of this Resolution, the TUMF Fee Schedule shall be phased in as follows: A. From July 1, 2007 to June 30, 2008 the fee schedule shall be as follows: (1) $10,046.00 per single family residential unit (2) $7,054.00 per multi-family residential unit (3) $1.84 per square foot of an industrial project (4) $9.99 per square foot of a retail commercial project (5) $5.71 per square foot of a service commercial project (6) $2.19 per square foot of a service Class A and B Office B. follows: From July 1, 2008 through June 30, 2009 the fee schedule shall be as R:/Resos 2007/Resos 07-34 2 (1) $10,046.00 per single family residential unit (2) $7,054.00 per multi-family residential unit (3) $2.09 per square foot of an industrial project (4) $11.46 per square foot of a retail commercial project (5) $6.14 per square foot of a service commercial project (6) Class A and B Office TBO C. From July 1, 2009 the fee schedule shall be as follows: (1) $10,046.00 per single family residential unit (2) $7,054.00 per multi-family residential unit (3) $2.35 per square foot of an industrial project (4) $12.94 per square foot of a retail commercial project (5) $6.56 per square foot of a service commercial project (6) Class A and B Office TBO Section 5. CEQA Findings. The City Council hereby determines, in accordance with 14 Cal. Code Regs. Section 15061(b) of the California Environmental Quality Act Guidelines ("CEQA Guidelines"), that the Transportation Uniform Mitigation Fees as described in this Resolution is not a "project" within the meaning of Section 15378 of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. The Resolution, in conjunction with Ordinance No. 06-04, establishes a funding mechanism for potential transportation improvements and does not approve the construction nor cause the construction of any specific transportation improvements within Riverside County. This Resolution will have no effect on the environment. Pursuant to CEQA Guidelines Section 15061 (d) and 15062, the City Manager is hereby directed to cause a Notice of Exemption to be prepared, executed and filed for the foregoing determination in the manner required by law, that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. Section 6. Effective Date. This Resolution shall become effective on July 1, 2007. R:/Resos 2007/Resos 07-34 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of April, 2007. Chuck Washinton, 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. 07-34 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of April, 2007, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Roberts, Washington NOES: 0 ABSENT: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: None None ABSTAIN: 0 None Susan W. Jones, MMC City Clerk R:/Resos 2007/Resos 07-34 4 COUNCIL BUSINESS Ii - I. ITEM NO. 19 I I Approvals City Attorney Director of Finance City Manager ~ CIZ CJ(L, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: April 24, 2007 SUBJECT: Amendment of the Temeculal Municipal Code to Implement Changes in State Law Concerning Bidding for Public Works Projects PREPARED BY: Peter Thorson, City Attorney RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 3.32.010 AND 3.32.050 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION ON PUBLIC PROJECTS BACKGROUND: The California Public Contract Code provides procedures that local agencies are required to follow when they build public works projects. Under previous law, when local agencies voluntarily use the Uniform Public Construction Cost Accounting Act, they could use their own employees for projects worth $25,000 or less, while projects worth $100,000 or less required informal bids and those worth more than $100,000 required formal bids. Senate Bill 1196 ("SB 1196"), which was chaptered on September 29,2006, increased those limits from $25,000 to $30,000, and from $100,000 to $125,000, respectively. Temecula Municipal Code Chapter 3.32 (Public Works Contracts) codifies the Uniform Public Construction Cost Accounting Act's monetary thresholds. To ensure that Chapter 3.32 is consistent with state law, a code amendment, reflecting the changes set forth in SB 1196 is necessary. The proposed Ordinance amends Temecula Municipal Code Section 3.32.010 so that: (a) public projects of thirty thousand dollars ($30,000) or less may be performed by City employees; and (b) public projects of one hundred twenty-five thousand dollars ($125,000) or less may be let by contract by informal procedures set forth in Chapter 3.32 of the Temecula Municipal Code. The proposed Ordinance also amends Temecula Municipal Code Section 3.32.050 to authorize the City Manager to award bids and enter into informal construction contracts where the amount of the contract does not exceed $30,000. Contracts whose amounts exceeds thirty thousand dollars ($30,000) shall be approved by the City Council. FISCAL IMPACT: None. ATTACHMENTS: Ordinance No. 07-_ An Ordinance of the City Council of the City of Temecula Amending Sections 3.32.010 and 3.32.050 of the Temecula Municipal Code Regarding and Construction of Public Projects. ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 3.32.010 AND 3.32.050 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION ON PUBLIC PROJECTS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 3.32.010 (Construction on public projects) of the Temecula Municipal Code is hereby amended to read as follows: "3.32.010 Construction on public projects. The provisions of this chapter shall apply to the construction on public projects not more than one hundred twenty-five thousand dollars ($125,000). Public projects of thirty thousand dollars ($30.000) or less may be performed by city employees by force account, by negotiated contract or by purchase order. Public projects of one hundred twenty-five thousand dollars ($125,000) or less may be let to contract by informal procedures as set forth in this chapter." Section 2. Section 3.32.050 (Delegation of authority to award informal contracts) of the Temecula Municipal Code is hereby amended to read as follows: "3.32.050 Delegation of authority to award informal contracts. The city manager is authorized to award bids and enter into informal construction contracts pursuant to this chapter where the amount of such contract does not exceed thirty thousand dollars ($30,000), or such other amount as the council may designate by resolution; provided there exists an unencumbered appropriation in the fund account against which the expense is to be charged. Where the amount of any such contract exceeds thirty thousand dollars ($30,000), or such other amount as the council may designate by resolution, the contract shall be approved by the city council." Section 3. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence. clause or phrase thereof irrespective of the fact that anyone or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 4. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of April, 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 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 24th day of April, 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: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSTAIN: Susan W. Jones, MMC City Clerk Ii - I. ITEM NO. 20 I I APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER ~ -61/2 - fTr.\ . .~-4J>-- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Deputy City Manager DATE: April 24, 2007 SUBJECT: Regional Medical Facility Study (At the Request of Mayor Pro Tem Naggar) RECOMMENDATION: towards conducting a recommendations: That the City Council authorize staff to spend the necessary time to work Regional Medical Facility Study. This action would include the following 1. Appoint Mayor Pro Tem Naggar to serve on this regional task force. 2. Authorize the City Manager to contact the County and the Cities in Southwest California to invite them to participate in the task force. BACKGROUND: Mayor Pro Tem Naggar has requested that staff investigate the possibility of working with County Health and the other cities in the region to support and fund a Medical Facility Study for the region. The concept behind this study is that the health care needs of the region are critical to understand as they relate to public health and safety. In addition, this study will help the County and the Cities understand what steps should be taken now to fully address the regions health care needs for the future. The results of this study could also become a valuable economic development tool for the City. Mayor Pro Tem Naggar envisions that the study will cover three broad areas including: o Determine the current and future number of hospital beds needed in the region o Examine how the health care systems and hospitals address the issue of affordable care and the funding of future health care facilities and needs for the future. o Determine how the industry measures patient care and customer service and the on-going assessment of quality in the health care field. o Determine how health care facilities can be used as an economic development tool. At this point staff will need to invest time to determine what the best approach is to begin this study. It is envisioned that meetings with County Health, Professional health care associations and the Cities in the region will be needed to begin discussion of this undertaking. In addition, WRCOG should be heavily involved in this process as the results from this study will provide invaluable information to help guide the future growth of the region. The Cities that might participate in this process, in addition to Temecula, could include Murrieta, the County of Riverside, Lake Elsinore, Hemet, Perris and Canyon Lake. FISCAL IMPACT: Unknown at this time. During the background work the costs relating to hiring a consultantto complete the study will become known and will be brought back to the City Council forfurther consideration. ATTACHMENTS: None DEPARTMENTAL REPORTS Ii - I. ITEM NO. 21 I I Approvals City Attorney Director of Finance City Manager V IJIl (JO..., CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: March 27, 2007 SUBJECT: City Council Travel/Conference Report - March 2007 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On March 9th Council Member Ron Roberts traveled to Washington D.C. to attend the National League of Cities Congressional City Conference and Transportation Infrastructure & Services Policy & Advocacy Committee Meeting. On March 10th Council Member Jeff Comerchero traveled to Washington D.C. to attend the National League of Cities Congressional City Conference and Community & Economic Development Policy & Advocacy Committee Meeting. On March 10th Council Member Maryann Edwards traveled to Washington D.C. to attend the National League of Cities Congressional City Conference and Human Development Policy & Advocacy Committee Meeting. Attachments: Meeting Agendas r-:l u Z r-:l CJ:lpq r-:lr-:l Hr>< E-<Z HO UU r:;~" H 0 . ~UOU P N. ;,ij ~ . "" ~ Z...::t .... HO......Z HIO ...1CJ:lOE-< <u:J.....-lCl Zr-:l Z OP:::;lJ:lH HClU:;I:: ~8i~ The Conference will provide a range of education, networking, and strategy sessions to maximize the value of this event for city officials. This preliminary schedule provides an outline of major events during the conference to help delegates make travel plans. Saturday, March 10 9:00 a.m. - 5:00 p.m. Leadership Training Seminars City Futures Panel Meetings Orientation to the Conference for First Time Attendees Constituency and Special Group Meetings 5:30 p.m. - 6:45 p.m. 5:30 p.m. - 7:00 p.m. Sunday, March 11 9:00 a.m. -12:30 p.m. 9:00 a.m. - 5:00 p.m. 1 :30 p.m. - 5:00 p.m. 5:15p.m. - 7:00 p.m. Policy and Advocacy Committee Meetings Community and Economic Development (CED) Information Technology and Communications (ITC) Transportation Infrastructure and Services (TIS) NLC Board of Directors Meeting NLC Advisory Council Meeting Leadership Training Seminars Policy and Advocacy Committee Meetings Energy, Environment and Natural Resources (EENR) Finance, Administration, and Intergovernmental Relations (FAIR) Human Development (HD) Public Safety and Crime Prevention (PSCP) Constituency aud Special Group Meetings Monday, March 12 7:30 a.m. - 9:00 a.m. Celebrate Diversity Breakfast 9:00 a.m. - 10:30 a.m. Opening General Session 10:45 a.m. - 12:15 p.m. Workshop Sessions 12:15p.m. - 1:30 p.m. Roundtable Networking and Lunch 1:45 p.m. - 3:15 p.m. Workshop Sessions 3:30 p.m. - 4:30 p.m. General Session 5:00 p.m. - 6:30 p.m. State League Caucuses and Receptions Constituency and Special Group Meetings/Events Tuesday, March 13 7:30 a.m. - 9:00 a.m. Steering Committee Work Sessions Community and Economic Development (CED) Information Technology and Communications (ITC) Transportation Infrastructure and Services (TIS) General Session Workshop Sessions Roundtable Networking Lunch Closing General Session Steering Committee Work Sessions Energy, Environment and Natural Resources (EENR) Finance, Administration, and Intergovernmental Relations (FAIR) Human Development (HD) Public Safety and Crime Prevention (PSCP) City Futures Panel Meetings Other Committee Meetings Shuttle Service to Metro for Lobbying on Capitol Hill State League Caucuses and Receptions Reception and The Capitol Steps 9:00 a.m. -10:30 a.m. 10:45 a.m. -12:15 p.m. 12:30 p.m. - 2:00 p.m. 2:15 p.m. - 3:30 p.m. 3:45 p.m. - 5:30 p.m. 3:45 p.m. - 5:30 p.m. 5:15 p.m. -6:30 p.m. 6:30 p.m. - 8:00 p.m. Wednesday, March 14 7:00 a.m. -11:00 a.m. Shuttle Service to Capitol Hill for Lobbying HD POLICY AND ADVOCA(:Y C;Q,M1\fiTTEE MEETING Hilton Washington Hotel and Towers Sunday, March 11, 2007 1:30 p.m. -4:30 p.m. I. WELCOME AND MEETING OVERVIEW Diane Neighbors, Chair Council Member, Nashville, Tennessee n. POTENTIAL 2007 ISSUE PRIORITIES · Early Childhood Learning . · High School Reforms and Graduation Rates · additional issues from the floor 1lI. PRESENTATION: CONTINUUM FROM EARLY CHILDHOOD TO mGH SCHOOL (tentative) IV. BREAKOUT GROUP SESSION V. COLLABORATION WITH NLC'S INSTITUTE FOR YOUTH, EDUCATION AND FAMILIES (IYEF) Abby Hughes-Holsclaw, Program Director Early Childhood and Family Economic Success, National League of Cities Audrey Hutchinson, Program Director Education and Afterschool Initiatives, National League of Cities VI. LEGISLATIVE UPDATE VII. ADJOURN TRANSPORTATION INFRASTRUCTURE AND SERVICES (TIS\ Policy and Advocacy Committee Meeting Sunday, March 11, 2007 {> 9:00 a.m. - 12:00 p.m. Congressional Cities Conference {> Hilton Washington Hotel and Towers Washington, D.C. AGENDA 9:00 A.M. WELCOME AND INTRODUCTORY REMARKS Dee Vanderhoef, Chair Council Member, Iowa City, Iowa 9:20 A.M. NAPA INTERGOVERNMENTAL FORUM: TRANSPORTATION FINANCE Marcia Marcoux, NLC Board Member Council Member, Rochester, Minnesota 9:30 A.M. CONGESTION RELIEF Tyler Duvall, Assistant Secretary for Transportation Policy United States Department of Transportation 10:00 A.M. FAA REAUTHORIZATION Debby McElroy, Senior Vice President, Government Affairs Airports Council International- North America 10:30 A.M. LEGISLATIVE UPDATE Leslie Wollack, Principal Legislative Counsel National League of Cities 10:45 A.M. 2007 ISSUE PRIORITIES a. Breakout group discussions b. Additional issues from the floor 12:00 P.M. WRAP-UP & ADJOURN STAFF CONTACT Julia Pulidindi, Policy Analyst National League of Cities 202-626-3176, pulidindifa2nlc.orQ; COMMUNITY AND ECONOMIC DEVELOPMENT Policy and Advocacy Committee Meeting Hilton Washington Hotel and Towers Sunday, March 11, 2007 9:00 a.m. - 12:00 p.m. 9:00 a.m. WELCOME AND MEETING OVERVIEW Ed Reyes, Chair Council Member, Los Angeles, California REVIEW OF 2006 COMMITTEE WORK Ken Rosenfeld, Policy Manager National League of Cities 9:15 a.m. POTENTIAL 2007 WORK TOPICS . Federal block grant resources . Time limits to housing . Technology and economic development . Immigrants and the global economy . additional issues from the floor 10:00 a.m. BLOCK GRANTS: THE CHANGING RELATIONSHIP BETWEEN THE FEDERAL GOVERNMENT AND CITIES Douglas Rice, Housing Policy Analyst Center on Budget and Policy Priorities 10:40 a.m. STATE AND LOCAL HOUSING POLICY HANDBOOK Beverly Barnes, Executive Director Homesfor Working Families 10:50 a.m. BREAKOUT GROUP SESSION 11:15 a.m. CONCLUDE POLICY WORK 11:30 a.m. LEGISLATIVE UPDATE Michael Wallace, Senior Legislative Counsel National League of Cities 12:00 p.m. WRAP-UP AND ADJOURN Ii - I. ITEM NO. 22 I I Approvals City Attorney Director of Finance City Manager V BI2- (j{0 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: April 24, 2007 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of March 2007. CURRENT PLANNING ACTIVITIES New Cases The Division received 71 new applications for administrative, other minor cases, and home occupations including 7 applications for public hearings during the month of February. The new public hearing cases are as follows: CERTIFICATE OF COMPLIANCE CONDITIONAL USE PERMIT DEVELOPMENT PLAN SECOND DWELLING UNIT TENTATIVE PARCEL MAP 1 3 1 1 1 Soecial Proiects & Lona Ranae Plannina Activities The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: . General Plan Land Use Map Update - Planning staff and GIS have completed revision exhibits that explain the necessary changes 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 land 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. All property owners affected by the proposed map changes will be notified by mail prior to any hearing. Staff anticipates a Planning Commission hearing in June and a City Council hearing in June or July 2007 to coincide with a proposed land use change for the Professional Hospital Supply project. (PAPP) . General Plan Housing Element Update - Staff has been attending WRCOG workshops on the Regional Housing Needs Assessment in preparation forthe update of the City's Housing Element. SCAG released the Draft Regional Housing Needs Assessment numbers to cities and agencies in the region in February. Staff has reviewed the Draft RHNA Allocation Plan and supports the proposed housing distribution for Temecula. More than 40 cities throughout SCAG's six-county region have filed appeals on their proposed housing allocation. This could lead to an increase in the numbers allocated for Temecula. Appeals for the WRCOG-area jurisdictions will be heard on April 30th, 2007 at SCAG's Inland office in Riverside. It is expected that affordable housing goals and 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 lines, wastewater collection, cable television, etc. Because of the relatively few properties in the area, assessment districts may be too costly for property owners. Staff needs to map the existing flood plain and complete a slope analysis to create a comprehensive constraints map of the area. Staff met with the Council Subcommittee in late February to brief the Council on staff strategies for bringing much needed services into the area. It was determined that a public workshop should be held to solicit input from area residents. A workshop was held on March 29, 2007 and about 60 Nicolas Valley residents participated. Staff will continue to conduct monthly workshops with residents for the next 4 to 6 months to develop a plan for the area. (PAPP) . Mixed Use Development Standards and Traditional Neighborhood Design Criteria - Staff is in the process of developing Mixed Use Development Standards by reviewing existing projects and guidelines. This is expected to result in a recommended approach for areas of the City that are designated for Mixed Use development. (WEST) . Transit Center and Transit Oriented Development Demonstration Project - Staff is working with the County of Riverside Flood Control District, Army Corp of Engineers and their consultants to locate the proposed transit center within the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project, generally located in the vicinity of Jefferson Avenue and Cherry Street. Staff is also involved with the Southern California Association of Governments and the Western Riverside Council of Governments to study constraints and opportunities associated with implementing transit-supportive development adjacent to the proposed Temecula Transit Center. (WEST) . Smoking Ordinances - Two citywide smoking ordinances were prepared by staff and the City Attorney to prohibit smoking in the workplace and public places; and to regulate smoking in multi-family housing by setting aside 25% or more of the units in each development as non-smoking units. The ordinances were presented to the Planning Commission on February 7, 2007 with the Commission unanimously recommending City Council approval. A City Council hearing date is tentatively scheduled for April 24, 2007. (PAPP) . 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 Departmentto Issue citations for noise violations. Staff met with representatives from Riverside County in January for a briefing on the County's newly adopted Noise Ordinance. A draft noise ordinance has been prepared and is being reviewed by the City Attorney. A second City Council Subcommittee meeting was held on April 3, 2007. A proposed hearing date has not been set at this time. (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 is comparing it to the City's existing Water Efficient Landscape ordinance to determine if it should be revised. (PAPP) . Massage Ordinance - Staff is working with the Temecula Police Department to develop a new massage ordinance that is more restrictive than the existing ordinance and will be implemented and monitored directly 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) . Heritage Tree Ordinance - The proposed Heritage Tree Ordinance has been prepared and is being reviewed by the City Attorney's office. The ordinance will serve to protect certain identified tree species and other large diameter trees throughout the City. A public hearing date has not been set at this time. (PAPP) . Procedures to Implement CEQA - Staff initiated project to develop local guidelines and procedure manual for processing CEQA documents, including the adoption of local exemptions. This is expected to include significance thresholds and procedures for the City to contract for the preparation of environmental impact reports. (PAPP) . Development Code Update - Staff is reviewing the Development Code to identify any needed corrections or clarifications and to determine if WQMP requirements should be incorporated into the development standards. (WEST) . Old Town Specific Plan - Staff is studying the issues related to the massing and scale of four story buildings and design guidelines that would encourage pedestrian activity on the streets 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, fOllowing the results of the parking study that is currently underway. (WEST) Planning Agenda Report 03-01-07 through 03-31-07 APN# . PA06-0140 Ahmed Medical Building 922110020 KATIE LECOMTE A Development Plan to construct a 13,500 square foot, two-story medical office building on 0.86 acres located at 28975 Old Town Front Street. Submitted Date 5/15/2006 Approved Date 3/712007 . P A06-0396 KILLARNEY'S ST. PATRICKS TUP APN# 960020056 ERIC JONES A Temporary Use Permit for an outdoor St. 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). 12/29/2006 Approved Date 316/2007 Submitted Date . PA07-0004 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). 1/8/2007 Approved Date 3/8/2007 Submitted Date . P A07 -0040 T V CHAMBER OF COMMERCE MiXER APN# 922032027 ERIC JONES A Major Temporary Use Permit to allow the Temecula Vailey Chamber of Commerce to conduct a mixer on March 21,2007. The event will feature a large tent in the parking lot to accomodate the anticipated 200 - 400 guests. Beer, wine, and food will be served. The event will be held at 28600 Mercedes Street. Applicant provided APN: 922-032- 027-3. 1/31/2007 Approved Date 3/14/2007 Submitted Date . PA07-0060 HOME& LIVING EXPO AT CHAPARRAL APN # 911170070 ERIC JONES A Major Temporary Use Permit for a home and garden show thai will include approximately 200 exhibits enclosed within a tent. The tent will measure 360' X 100'. The event will be held at Chaparral High School, 27215 Nicolas Road. Submitted Date 2/21/2007 Approved Date 3/12/2007 . PA07 -0063 USED CAR EVENT SALE APN# 910130072 ERIC JONES A Major Temporary Use Permit for a used car event sale to be heid at the Promenade Mall from March 9th - 11th. The event will utilize two tents measuring 40' X 80' and 10' X 20'. 10f7 Planning Agenda Report 03-01-07 through 03-31-07 2/23/2007 Approved Date 3/6/2007 Submitted Date . PA07-0066 LOWE'S TEMP STORAGE CONTAINERS APN# 910330011 KNUTE NOLAND A Major Temporary Use Permit for Lowe's home improvement center, 40390 Winchester Road, for 18 temporary storage containers to hoid overflow merchandise from an racking system remodel in the main store building (910- 330-011). Submitted Date 2/28/2007 Approved Date 3/30/2007 2 of? Planning Agenda Report 03-01-07 through 03-31-07 . P A06-0002 Roripaugh PA33A TTM No. 30767 APN # 964460010 CHERYL KITZEROW!MATT PETERS A Tentative Tract Map (No. 30767) to subdivide 11.8 gross acres into 18 lots (14 residential lots) located within Planning Area 33A in the Roripaugh Ranch Specific Plan. 1/4/2006 DRC Meeting Date 2/23/2006 Planning Commision 4/4/2007 Submitted Date . PA07-0008 WAHOOS CUP FOR SALE OF ALCOHOL APN# 921810026 BETSY LOWREY a Minor Conditional Use Permit to allow for the sale of beer, wine, and distilled spirits (Type 47 - On Sale General - Eating Place) to an approved restaurant, Wahoo's, a franchised Mexican Food Restaurant, generally located on the soulhwest corner of Overland and Margarita Road at 29073 Overland Drive in Margarita Crossings Shopping Center [APN: 921-810-033] Submitted Date 1/10/2007 DRC Meeting Date 3/1/2007 Directors Hearing 4/12/2007 . 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 iot, one recreation lot, and one open space lot) on property located at the northeast corner of Rancho Vista Road and Mira Lorna Drive (APN # 944-060-006) Submitted Date 4/13/2005 DRC Meeting Date No Hearing Planned APN# . PA05-0234 MiRA LOMA PDO 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 8/8/2005 DRC Meeting Date No Hearing Planned 30f7 Planning Agenda Report 03-01-07 through 03-31-07 . P A06-0336 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 to authorize an upgrade to an existing type-41 iiquor 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. 111612006 Anticipated DRC Meeting Date 3/8/2007 No Hearing Planned Submitted Date . PA07.0003 TEMECULA CEMETARY MODULAR UNIT APN# 944020004 KNUTE NOLAND A Major Temporary Use Permit to install 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 3/12/2007 1/5/2007 . PA07-0016 CARRIAGE MOTOR MASTER TUP APN # 921290010 ERiC JONES Master Temporary Use Permit for weekend activities to include two banners, two jolly jumps, and three canopies at Carriage Motor Company located on the east side of Ynez at 27420 Ynez. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 1/17/2007 . PA07-0026 Paradise Chevrolet Master TUP APN# 921290009 ERiC JONES Master Temporary Use Permit for weekend activities to include four banners, three jolly jumps, one food cart, and six canopies at Paradise Chevrolet located on the east side of Ynez at 27360 Ynez. Submitted Date 1/25/2007 Anticipated DRC Meeting Date No Hearing Planned . PA07-0029 OLD TOWN CORVETTE SHOW APN # 922073024 KNUTE NOLAND A Major Temporary Use Permit for the Oid Town Corvette Show to be held on April 29, 2007 at 28721 Old Town Front Street (The Stampede) in aid Town Temecula (APN: 922-073-024). Submitted Date Anticipated DRC Meeting Date Administrators Hearing 2/28/2007 1/29/2007 . PA07-0054 DCH TEMPORARY OFFICE TRAILERS APN # 921080014 ERIC JONES A Major Temproary Use Permit to allow two 720 sq. ft. trailers to house six DCH Dodge empioyees for four months. Submitted Date 2/15/2007 Anticipated DRC Meeting Date No Hearing Planned APN # 4of7 Planning Agenda Report 03-01-07 through 03-31-07 . PA07-0057 Rancho Community Church 959070012 CHRISTiNE DAMKO A Major Modification to develop a middle school, high school, and gymnasium totalling 291,308 square feet located at the Rancho Community Church site, north side of Highway 79S between Jedediah Smith Road and Margarita Road. The deveiopment is part of a Planned Development Overlay (Rancho Pueblo, PA01-0522) 2i20i2007 Anticipated DRC Meeting Date 4i12i2007 No Hearing Planned Submitted Date . PA07-0072 MUL T1PLE SCLEROSIS WALK APN # 921020066 KNUTE NOLAND A Major Temporary Use Permit for a fundraising waik by the National Muitiple Sclerosis Society at Temecula City Hail and surrounding streets on April 21,2007 (APN: 921-020-066). Submitted Date Anticipated DRC Meeting Date Administrators Hearing 4/1/2007 3/7/2007 APN# . PA07-0082 Elks Lodge Minor CUP 921040006 ERIC JONES A Minor Conditionai Use Permit to increase the occupancy load for the Temecula Vailey Elks Lodge located at 28061 Diaz Road. The structure housing the iodge is one story and totals 30,000 sq. ft. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 3/12/2007 . P A07 -0084 RANCHO VIEW TPM APN # 944290022 BETSY LOWREY A Tentative Parcel Map (TPM 35481] to subdivide 5.3 acres into 2 parcels located at the southwest corner of Rancho Caiifornia Road and Moraga Road. This Tentative Parcel Map is related to PA07-0085 a Development Plan for two office buildings and PA07-0086 a Conditionai Use Permit to extract 61 ,000 cubic yards of dirt [APN 944-290 -022J Submitted Date Anticipated DRC Meeting Date No Hearing Planned 3/15i2007 APN# . PA07-0085 RANCHO VIEW Development Plan 944290008 BETSY LOWREY A Development Plan to construct a three-story 50,000 square foot office building and a three-story 35,000 square foot medical office building on 5.3 acres located at the southwest corner of Rancho California Road and Moraga Road. This Development Plan is related to PA07-0084 - a Tentative Parcel Map to subdivide into two parcels and PA07-0086 a Conditional Use Permit to extract 61,000 cubic yards of dirt [APN 944-290-022] Submitted Date Anticipated DRC Meeting Date No Hearing Planned 3/15/2007 APN# . PA07-0087 Zarka Cigar Lounge MCUP 921060032 KATIE LECOMTE A Minor Conditional Use Permit for a cigar lounge and a type-42 liquor license (on-sale beer and wine public premises). The business (Zarka Cigar Lounge) is to be located in an existing building located at 28120 Jefferson Avenue (APN: 921-060-032) Submitted Date 3/15/2007 Anticipated DRC Meeting Date No Hearing Planned APN # 5 ofT Planning Agenda Report . PA07-0094 03-01-07 through 03-31-07 GARY'S STRAWBERRY STAND 959070031 KNUTE NOLAND A Major Temporary Use Permit for a seasonal strawberry stand located at 31469 Rancho Pueblo Road (APN: 959- 070-031 ). Submitted Date Anticipated DRC Meeting Date Administrators Hearing 4/15/2007 3/26/2007 . PA07-0101 CHOCTAW CONTRACTOR STORAGE YO APN # 922100006 KNUTE NOLAND A Major Temporary Use Permit for an equipment storage yard for a Rancho California Water District pipeline project. The yard is located south west of the comer of First Street and Old Town Front Street and wiii be operational between Aprii 2007 and August 2007 (APN: 922-100-006). Submitted Date Anticipated DRC Meeting Date Administrators Hearing 4/16/2007 3/30/2007 APN # . PA07-0107 Painted Garden Major TUP 922045018 KATIE LECOMTE A Major Temporary Use Permit to allow for the Painted Garden to have private parties on the weekends during the months of May through September, after normal business hours from 6pm-12am. The parties are expected to draw a crowd of about 50-60 people and local caterers would provide food and beverages w/ alcohol as an oplion provided by caterers. The painted garden is located at 28659 B Old Town Front Street. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 4/3/2007 APN # . PA07-0107 Painted Garden Major TUP 922045018 STUART FISK A Major Temporary Use Permit to allow for the Painted Garden to have private parties on the weekends during the months of May through September, after normal business hours from 6pm-12am. The parties are expected to draw a crowd of about 50-60 people and local caterers would provide food and beverages w/ alcohol as an option provided by caterers. The painted garden is located at 28659 B Old Town Front Street. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 4/3/2007 APN # . PA07-0111 Elite's Plaza Major Mod 921060044 KATIE LECOMTE A Major Modification to an approved development pian for Elite's Plaza (PA04-0623). The Major Modification includes removing the parking areas from the first floor of Buildings Band C, and replacing the parking areas with approximately 11,351 square feet of office space (each building); adding a drive-thru to building B, and then adding a 53,763 square foot, 132 space parking structure to the east of the site. Elite's Plaza is iocated east of Jefferson avenue and west of 1-15 (Map 23822, Lots 3,4, & 6. APN: 921-060-044, 921-060-046 and 921-060-053) Please note that a pre-appiication was submitted previousiy as PR07-0004, and that this application also relates to PA07-0112, which is a conditional use permit for the proposed drive thru proposed to be added on building B. Submitted Date 4/9/2007 Anticipated DRC Meeting Date No Hearing Planned . PA07-0112 Elite's Plaza CUP APN# 921060044 KATIE LECOMTE 6of7 Planning Agenda Report 03-01-07 through 03-31-07 A Conditional Use Permit for Elite's Plaza to add a drive-thru to building B. (Please note: PA04-0623 was the original Deveiopment Plan for Elite's Plaza. A Pre-application for the Major Mod was submitted as PR07-0004, PA07-0111 is the formal submittal for the Major Modification, and PA07-0112 a Conditional Use Permit appiication is necessary due to the proposal included as a part of the Major Mod to add a drive-Ihru to building B). Submitted Date 4/9/2007 Anticipated DRC Meeting Date No Hearing Planned . PA07-0116 APN # 922120008 ERIC JONES A Minor Conditional Use Permit to upgrade the liquor license of the Country Garden Restaurant Bar and Grill located at 2900 Old Town Front Street #A from a 41 to a 47. In addition, the applicant wouid like to serve alcohol on an existing patio lotaling 1,096 sq. ft. Submitted Date 4/10/2007 Anticipated DRC Meeting Date No Hearing Planned 70f7 [/ ,NI600\$'0 -J ;> (fA06-0002 ,~ ~ ----1 / Legend Planning Status - March ( 1. Recently Approved ( 2. Scheduled for Hearing ( 3. New Submittals Pending DRC Meeting \ Ii - I. ITEM NO. 23 I I Approvals City Attorney Director of Finance City Manager ~ 11/2 ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mitch Aim, Chief of Police DATE: April 24, 2007 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of April 2007. PA TROL SERVICES Overall calls for police service ................................................................................................. 8,497 "Priority One" calls for service ....................................................................................................... 45 Average response time for "Priority One" calls.............................................................4.58 Minutes VOLUNTEERS Volunteer administration hours ................................................................................................... 295 Community Action Patrol (CAP) hours .......................................................................................212 Reserve officer hours (patrol) ....................................................................................................... 24 Total Volunteer hours...............................................................................................................1,527 CRIME PREVENTION/GRAFFITI Crime prevention workshops conducted ........................................................................................ 4 Residential/business security surveys conducted ....................................................................... 0/2 Businesses visited.......................................................................................................................... 9 Businesses visited for past crime follow-up.................................................................................. 11 Crime prevention articles ................................................................................................................1 Total square footage of graffiti removed................................................................................... 4960 Number of Graffiti Locations...................................................................................... .39 OLD TOWN STOREFRONT Total customers served............................................................................................................... 200 Sets of fingerprints taken .............................................................................................................. 28 Police reports filed.......................................................................................................................... 7 Citations signed off ....................................................................................................................... 30 Total receipts. ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ..... $3,982 POP TEAMS On sight felony arrests ....................................................................................................................7 On sight misdemeanor arrests...................................................................................................... 11 Felony arrest warrants served ........................................................................................................1 Follow-up investigations................................................................................................................ 25 Presentations............................................................................................................ .0 GANG TEAM On sight felony arrests ....................................................................................................................4 On sight misdemeanor arrests........................................................................................................3 Felony arrest warrants served ........................................................................................................3 Follow-up investigations................................................................................................................ 20 Field I nvestigations Conducted....................................................................................................... 5 Presentations............................................................................................................ .0 SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests ....................................................................................................................2 On sight misdemeanor arrests...................................................................................................... 13 Felony arrest warrants served ........................................................................................................0 Misdemeanor arrest warrants served ............................................................................................. 6 Follow-up investigations............................................................................................................... 17 Drugs Seized 14.4 grams - methamphetamine 29.6 grams Marijuana Stolen vehicle recovered - 1 TRAFFIC Citations issued for hazardous violations .................................................................................1335 D.U.I. checkpoints conducted .........................................................................................................0 Non-hazardous citations............................................................................................................. 207 Stop Light Abuse Program (SLAP.) citations........................................................................... 203 Neighborhood Enforcement Team (N.E.T.) citations ................................................................. 261 Parking citations.......................................................................................................................... 416 Injury collisions.............................................................................................................................. 10 Presentations............................................................................................................ .4 INVESTIGA TIONS Beginning Case load .................................................................................................................... 176 Total Cases Assigned during February ........................................................................................55 Total Cases Closed during February........................................................................ .31 Number of community seminars conducted ................................................................................... 0 Presentations............................................................................................................ .0 PROMENADE MALL TEAM Calls for service........................................................................................................................... 354 Felony arrest/filings....................................................................................................................... 12 Misdemeanor arrest/filings............................................................................................................ 21 Vehicle burglaries........................................................................................................................... 4 Vehicle thefts. ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... ... ..... 1 Prevention/Suppression Programs................................................................................................. 3 Vehicle Crime Deterrence 03/11/07, 3/21/07, 3/25/07 SCHOOL RESOURCE OFFICERS Felony arrests................................................................................................................................. 3 Misdemeanor arrests .................................................................................................................... 14 Citations..................................................................................................................... ................... 66 Youth counseled......................................................................................................................... 382 Presentations............................................................................................................1 0 Bullying Grades 6-7 Drug Alcohol Awareness Grade 9 Internet Safety Grade 8 Community Book Reading Grades 3-4 Bicycle Safety K-2 YOUTH ACCOUNTABILITY TEAM Orientations delivered to new program members .......................................................................... 6 School visits.................................................................................................................................. 61 Home visits........................................................................................................................ ............ 20 Presentations............................................................................................................ .4 Truancy Sweep............................................................................................................O Ii - I. ITEM NO. 24 I I Approvals City Attorney Director of Finance City Manager JM.~ CIl (J(:G CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: March 27, 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 March, 2007. CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report March I April 2007 Prepared By: Amer Attar Submitted by: William G. Hughes Date: April 24, 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. The majority of work was completed by April of 2006. Roripaugh Developer (Ashby) schedule shows access and utilities to the site in August 2007. Because of this there was cost to re-mobilize and complete the project when the aforementioned items are complete, these costs are reflected in an approved change order total, which is the responsibility of the developer. In addition, a fire engine/truck venting system (requested/added on 2/06) will be installed when the Contractor is re-mobilized; this cost is also included in the approved change order total. 2. Patricia H. Birdsall Sports Park A new 40+ Acres sports complex has been buill 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. There is a single item of work left on the punchlist. Work on the kitchen improvements was completed and the park Concessions opened for business on March 17,2007. 3. 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. The punchlist work should be completed by the end of April. 4. 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 5/1/06. CCO#1 to relocate/modify all impacted utilities along Diaz Road adjacent to the project was approved by the RDA Board on 10/10/06 and Diaz Road was brought up to grade. All work was completed on March 28, 2007. Other ongoing work under this contract involves EMWD work outside of the project limit. The work is anticipated to be complete in May of 2007. 5. State Route 79 South Medians Under this project raised medians have been constructed on Route 79 South within the Temecula City limits. Most of the work on this project is complete. The Contractor only has punchlist items and the four monument walls to complete. The monument walls should be completed by the end of April. 1 6. Traffic Signal Installations - Jefferson Ave. at Sanborn Ave. & Redhawk Parkway at Overland TraillPaseo Para lion Under this project, two new traffic signals have been installed; one at Jefferson Avenue and Sanborn and another at Redhawk Parkway and Overland Trail/Paseo Parallon. The contract was awarded to HMS Construction on 6/27/06 and signal poles were immediately ordered. Both signals are complete and operational. The City Council accepted this project at their March 27, 2007 meeting. 7. 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. Stud framing is nearly complete, electrical, plumbing and HVAC rough in are ongoing. The concrete pavement for the western half (back half) of the site has been placed. 8. 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 on 06/27/06, with construction commencing on 08/21/06. Construction is complete. Acceptance of the job is on Agenda for the City Council Meeting of March 27, 2007. 9. Fire Station - Wolf Creek Site A new 3-bay heavy 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 on 7/25/06. A notice to proceed for this 260 workday contract was issued on 8/15/06 Interior electrical, plumbing, HVAC, cabinets, vehicle exhaust system, site grading, bollards, lighting & concrete, etc. is progressing well. CMU perimeter wall has been reconstructed. Street light has been removed. Work is progressing on schedule. Contractor submitted Pay Application #7. The construction trailer will be removed from the site this week and CM & contractor will occupy offices in the building until the completion of the project. 10. Erie Stanley Gardner Exhibit This project created an exhibit for the famous author. Construction work was completed on 01/08/07. 11. 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 a T-intersection at Diaz. The traffic signal at existing Diaz Road and Rancho California Road will be removed. The Notice to Proceed was issued and construction began on 3/26/07. The first phase of work includes widening Diaz Road from Rancho Way to approx. 1500' south, and constructing the new alignment of Diaz Road from that location to the joint point at Business Park Drive. Single Oak Drive will be closed at Business Park Drive east beginning 4/9/07 through approx. 4/18/07. Storm drain night work on Rancho California Road at Business Park Drive will result in lane closures beginning 4/10/07 through approx. 4/19/07. 2 12. Old Town Infrastructure Projects - Site Demolition and Site Preparation 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. The two buildings involved in this phase are the McLaughlin Building and the Pantry. The preconstruction meeting was held on April 12, 2007. Demolition is scheduled to begin on April 16, 2007. Anticipated completion is the end of May 2007. 13. 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. City Council awarded the construction contract on 02/27/07. The Notice to Proceed was issued and construction is scheduled to start on 04/16/07. PROJECTS BEING ADVERTISED FOR BIDS 1. 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 sent the Encroachment Permit Application to the Riverside County Flood Control District on Dec. 13, 2006. The issuance of the permit is still pending. The project was advertised for construction bids and construction bids opening is scheduled for 05/01/07. 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 revised Environmental Document (ED) was reviewed by FHWA on April 10 and approval is expected the week of April 16. After FHWA approves the ED, the City can begin the Right of Way acquisition phase and submit the PS&E Package to Caltrans (Local Assistance) for their review. Once the City receives a letter of Authorization for construction from Local Assistance, the City can start the public bidding process for construction. 2. Murrieta Creek Bridge - Overland Drive Extension to Oiaz 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. Final comments were sent to the consultant during the month of January and the consultant will resubmit the 90% design plans to the City within one month. 3 3. 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. SWE is scheduled to submit a revised proposal for an expanded environmental scope of work in the next month. 4. 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. 5. Santa Gertrudis Bicycle/ Trail Undercrossing at Margarita Road This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek under Margarita Road. Data regarding existing utilities are being incorporated into the design. RCFC has provided an Encroachment Permit. 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. 6. 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 for the alignment study and the City completed their review. URS is now looking into a more detailed design and potential issues with various alternatives and will submit their finding to the City. Electronic files of one of the alignments for the southern portion of the project (south of Rancho California Road) were given to the engineer of the developer of the Villages of Old Town. They are . supposed to commit to complete the plans and the construction of this portion within a specified time frame. The City is waiting for a letter from the Villages of Old Town with a commitment to design and construct the southerly portion of the WBC including a timeline to accomplish these improvements. 7. 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. Entry permits for geological investigations are pending. The developer of the Villages of Old Town may be taking over the design and construction of this project. The City and developer are negotiating an agreement for the transfer of work. Further development of the design and environmental document is on hold pending the outcome of negotiations. 4 8. 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. A dog park is planned for one of the park sites. RJM gave a presentation to a committee with members from City Council, residents and staff. This presentation included the information from past community work shops, which helped with conceptual design of the parks. Due to budgetary restraints, the construction was divided into phases over a number of years. RJM used the existing irrigation layout at the future dog park to help reduce the costs but at the same time allowed for a very flexible design that will be able to be adjusted as the dog park needs change in the future. 9. Old Town Infrastructure Projects - Site Demolition and Site Preparation 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. The demolition contract for the vacated Pantry and McLaughlin Building is addressed above. The balance for the site preparation and demolition & relocation design work is continuing. The Relocation of the Escalier house and Barn are dependent upon the Temecula Community Center (TCC) site preparation. 10. Old Town Infrastructure Projects - Underground Utility District This project will effectively underground all overhead utility lines along Old Town Front Street, between 2nd and 6th streets, all of Main Street east of Murrieta Creek and Mercedes Street between 2nd and 6th 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 CATV & Telephone UG systems. 60% street improvement plans have been forwarded to the utilities for their review in late January 2007. SCE will have their portion of the design complete in May 2007. 11. 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 is working on 90% street plans. Water & sewer lines are under design & will be incorporated into the plans. Items of interests: (a) lowering the existing profile of Mercedes will assist with access to specific parcels; (b) the plans will include SWA landscaping details of the plaza area to include colored paving, bollards, 2-step curbs, etc; (c) signage is being reviewed to match the existing Old Town signage, (d) impacts to existing structures will be minimized. The design process will be ongoing for the next few months. 12. 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 presented architectural schemes and connection points to the parking structure. Preliminary concepts were well received. NMR is now finalizing concepts. Parking Struoture orientation has been revised to accommodate proper number of spaces. Design efforts are ongoing with a schematic design submittal due in May. 5 13. Old Town Infrastructure Projects - Civic Plaza Under this project, the plaza area for Phase 1 of the Civic Center will be constructed. SWA sub- consultant to NMR, the City's design consultant, met with Staff and RBF to work out details for the curbs, transitions and enhanced pavement in the Plaza/Mercedes/quad area. Design efforts will be ongoing for several months. 14. Old Town Civic Center Phase 2 Under this project the design and construction documents for phase two of the Civic Center Project will be developed. The City Council approved the Old Town Civic Center Master Plan and awarded a design contract to NMR for balance of the Civic Center design on April 10, 2007. Once the final contracts are executed and the insurance documents are in place, design work will commence. 15. 79 South Park & Ride This project will design and construct a park and ride facility on 79 South at La Paz. The City is coordinating with RT A to develop an MOU for the preliminary engineering phase ofthe work and the implementation of the project. Statements of Qualifications have been received from design consultants and a selection is forthcoming. 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 approved the design agreement with GFB-Friedrich. Consultant has started the record research, survey and geotechnical work. City forwarded utility as- builts to GFB for coordination. 30% plans were submitted on 2/12/07 and 70% plans are expected in May. This is a federally funded project. The PES Submittal/Application was resubmitted along with a NESMI Report. Its review is in process with Caltrans. 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 met with the design consultant the week of March 12 and a preliminary design plan will be provided to the City within a couple of weeks. 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. The City Council approved the design contract with Kimley-Horn at the 03/06/07 meeting and Phase I of the design has begun. 19. 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. The'project kickoff meeting has been scheduled for Monday 4-16-07. Another meeting will be set up shortly with Caltrans to review the portion of improvements within their Right of Way. 6 20. 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: )>- PS&E - Consultant is preparing 95% plans. )>- RfW - Establishing dedication and acquisition needs. )>- Construction Cooperative Agreement - 2nd fact sheet is under Caltrans review. )>- Declaration of Units - 1st Request for Metric Exception under Caltrans review. )>- Utilities - Preparing documents to initiate potholing. 21. 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. 22. 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 FEMA determination is finalized. 23. 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. Caltrans has issued an Encroachment Permit for the construction and maintenance of the project. A cost proposal for construction has been received and sufficient funds are being sought. 24. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This federally funded project includes the design and construction of an approximately 200' ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve NEPA documents. A field meeting was held on 4/11/07 between the City, Caltrans, Army Corps, Regional Water Board, and Nolte to gather input in preparing the Preliminary Environmental Study form for submittal to Caltrans, the first step in obtaining Federal environmental clearance in the event of Federal funding. 25. 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 12/06/06. Bonterra has initiated the environmental clearance process. 7 PROJECTS IN THE PLANNING STAGE 1. 1-15/ SR 79 South Interchange - Project Report (PR) This project will modify the 1-15/ 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 geometrics and environmental technical studies. Status is as follows: >- Draft Project Report - Final submittal pending Caltrans review of Environmental Document. >- Advisory Design Exceptions - Approved 10/18/06. >- Mandatory Design Exceptions - Approved 10/20/06. >- Stormwater Data Report - 4th submittal is to coincide with final PR Submittal. >- Traffic Study - Approved 09/11/06. >- Modified Access Report - 1st submittal under FHWA review. >- Geometric Approval Drawings - Under development. >- Initial Study Assessment - Approved September 2005. >- Acoustic Evaluation - Approved December 2005. >- Air Quality Assessment - Approved PM10 and PM2.5 Jul 2006. >- Nat Environmental Study - Approved May 2006. >- Cultural Studies - Approved November 2006. >- Environmental Document - 3rd 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: >- Draft Project Report - Approved June 2006. >- Project Report - Final preparation pending approval of Environmental Document. >- Draft Environmental Document - Approved December 2006. >- Environmental Document - FHWA review pending NCR determination of acceptability. >- New Connection Report - Preparing revisions per FHWA >- Stormwater Data Report - Under Caltrans review. >- Mandatory Design Exceptions - Approved 07/18/06. >- Advisory Design Exceptions - Approved 07/18/06. >- Exception to Ramp Metering Policy - Approved 07/05/06. >- Geometric Approval Drawings - Approved 07/18/06. >- Freeway Agreements - Preparing 4th submittal for Caltrans review. 8 :>> Risk Management Plan - Updating as necessary. :>> Project Charter - Preparing first draft. :>> Declaration of Units - 1st Request for Metric Exception under Caltrans review. :>> Freeway Agmts - Preparing 4th submittal for Caltrans review. :>> Risk Mgmt Plan - Updating as necessary. :>> Project Charter - 1 st draft under Caltrans review. :>> Maintenance Agmt - Preparing 1st submittal for Caltrans review. :>> Financial Plan - Preparing 2nd submittal for Caltrans review. 3. 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. 4. Pavement Rehabilitation - STPL Project This project will rehab Rancho California Road from Ynez Rd. to the City limits on the east. Interviews of the top 3 consultants were completed. City is negotiating with the top firm. Once the selection is complete a design agreement will be brought before the City Council for approval. 5. 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. An RFP to conductthe study was published on the City's website on 02/14/07. Proposals were received on 03/16/07. The City is in the process of reviewing the proposals to select a consultant. 6. Old Town Gymnasium This project will construct a gymnasium in old town, adjacent to the Boys and Girls Club. An RFP was issued to hire an architect to design the gymnasium. Interviews were conducted on 01/22/07. The City is currently reviewing scope of services, fee schedule and project schedule with the chosen architect. 7. Temecula Community Center Expansion This project will add approximately 4000 square feet of space to the existing Temecula Community Center to accommodate more human services programs Work has begun on construction documents for the approved project design. The site plan will also include provisions for the Community Pantry which will be located in the Escalier House and Barn. They will be moved to the site after it has been graded and utilities have been stubbed out. 9 0"" ...0 o u..N OM ... ...~ WO Cl <( II. I- W W :E: l/) l/) l/) w 0:: C) o 0:: ll.. ~ 0:: o 3: >- ~:i! :::ll- OZ wO :E:E w, I-l/) u..1- 00 ~~ O~ ll.. l/) I- Z w :E w > o 0:: ll.. :E ...J ~ ii: < o ....i <g" . "::~:::. ...;.;"'.... .......~.....;. ...:;;.c... .. -lLJ. . :: . 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S MEMORANDUM TO: Bill Hughes, Director of Public Works/City Engineer FROM: ~~ Brad Buron, Maintenance Superintendent April 12, 2007 DATE: SUBJECT: Monthly Activity Report - March, 2007 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of March, 2007: I. SIGNS A. B. C. Total signs replaced Total signs installed Total signs repaired II. TREES A. Total trees trimmed for sight distance and street sweeping concerns III. ASPHALT REPAIRS A. B. Total square feet of A. C. repairs Total Tons N. CATCH BASINS A. T ota! catch basins cleaned V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement VI. GRAFFITI REMOV AI. A. B. Total locations Total S.F. VII. STENCILING A. 0 New and repainted legends B. 3.26~ L.F. of new and repainted red curb and striping 45 19 43 13 6.801 69 152 o 35. 4.960 R:\MAINTAIN\MOACTRt>T Also, City Maintenance staff responded to ....1L service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin c1eanings. This is compared to.-JL service order requests for the month of Februarv. 2007. The Maintenance Crew has also put in 252 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 March. 2007 was $15.825.00 compared to $7.645.00 for the month of Februarv.2007. Account No. 5402 Account No. 5401 Account No. 999-5402 $ 12,650.00 $ 3,175.00 $ cc: Dan York, Deputy Director of Public Works/City Engineer Ali Moghadam, Principal Engineer (Traffic) Greg Butler, Principal Engineer (Capital Improvements) Arner Attar, Princi[ al; Engineer (Capital Improvements) Jerry Alegria, Senior Engineer (Land Development) R:\MAINTAIN\MOACTRPT STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of March, 2007 DATE ACCOUNT CONTRACTOR: Date: 03/07 # 5402 Date: # Date: # Date: # rONTRAC'1'OR: Date: 03/07 # 5402 Date: 03/30/07 #5401 ~ CONTRACTOR:,' Date: # Date: # STREET/CHANNELIBRIDGE DESCRIPTION OF WORK TOTAL COST SIZE , .. "~::':,:>'>:,;, "," ",' ,,"':-<"""',\"':' ", ,:.," RENE~S COMMERCIAL MANAGEMENT I CITYWIDE R.O.W. TRASH, DEBRIS & WEED ABATEMENT . ""'''', BECKER ENGINEERING CITYWIDE SANTIAGO ROAD AT YNEZ TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99-5402 I TOTAL COST $ 5,000.00 I TOTAL COST I TOTAL COST I TOTAL COST A.C. SAW CUTTING FOR CITY'S PATCH CREW I TOTAL COST $ 7,650.00 REMOVE RETENTION POND AND RESTORE TO NATURAL GRADE I TOTAL COST $ 3,175.00 II I TOTAL COST TOTAL COST $ 3,175.00 $12,650.00 R:\MAINTAIN\MOACTRPT 0 0 "'0 '" 0..,. '" "'0 "'0 ~ N ::;;: '" 0 ..,. '" "' ..,. .... W 0 ::;;: 0", ;;; "'0 NO '" '" 0 0 0 '" 00 "' ~ "'. "'. "' ~ ....- '" '" ....- "'- '" "' o:i N C'i~ N <ri -'" ...: as o:i w "'N ~ ~ C 0 ..,. ~"'": .... ....N "' '" Z .-1' N N 0 ol .... " "' Z g o:i '" <ri N N " w 0 '" '" 00 <to ;;; a: ~ I a: '" ;;; '" "' " " .!i '" 0 " '" < I 0 Z ~ ::i <:; w "i ~ " '" .~ F' -----rn 0 00 ..,. '" 00 ..,. 0 0 00 ~ 0 ~O 00 ..,. ....'" "'0 C; ;;; N a: ~ .;;t N g"'t 00 N.... NO '" :: '" ..,. '" .... U 0 ..,. "'- "'. N '" ..,. 0_ ..,. C; u"i N "'~ tJ -'" <ri ~ 5 .... 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" '" " IDJ!! o 0 W :if W -' o CI) -' W z :if I o W ::1 z ~ o 00 '" 0 ""':0 "0 "'''' cwi-.:i .. N '" N '" ;15 triM ...0 "'N NaO zt~ c W :;; :;; it: t- CI) W W c:: I- W CI) ::l o I ;1: o ~ .,; N ~ ~ '" ~ o .; '" ..... .; '" .... o ...: ~ '" '" '" ~ o '" ..; " N '" o ~ '" ~ .. ~ '" '" ~ N ~ CI) W ::l a W c:: 0:: W o c:: o W o ~ W CI) o o o '" o o o '" ~ o o o '" .... '" o o o '" '" .. ..; N co ..; '" '" " 0; I- ::l o -' <i! o CI) c:: ::l o I 0:: W t- ~ ~ '" .. .. ... o .. '" '" o .,; N .... ...: " '" co .. o N N .,; '" N '" N .... q ~ .... .. .. '" '" .... '" o ~ .:.: z W :;; W !;j: !\! o W W S: ~ d Ii , o o o o .. '" " '" '" .,; ~ .,; N "! ~ '" o o .,; $ '" ~ .. o " .... .,; o '" '" ... '" .,; .... "! ~ " '" co " ...: " '" .,; '" '" co '" .,; ~ " ...: ... '" CI) g t- '" '" B c ro -, "E .@ E 0; ~ :;; 9 o g ~ iJ ro o S c 'm "E 'm ~ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF MARCH, 2007 I TOTAL I' DA.TE SQOI!.E(:)IT<WORK S.F. TONS 03/01/07 I P AUBA ROAD E/O LA PRIMA VERA I R & R A.c. 478 I 12 03/05/07 I OLD TOWN I A.c. OVERLAY 681 I 3.5 03/06/07 I MEADOWVIEW AREA I A.C. OVERLAY 734 I 3.5 03/07/07 I MEADOWVIEW AREA I A.C. OVERLAY 710 I 3.5 03/08/07 I MEADOWVIEW AREA I A.C. OVERLAY 570 I 3 03/! 2/07 I MARGARITA AT SANTIAGO I R&RA.C. I 436 I 7.5 03/! 3/07 I MARGARITA AT SANTIAGO IR&RA.C. I 433 I 10 03/!4/07 I MARGARITA AT SANTIAGO I R&RA.C. I 260 I 6.5 03/! 5/07 I PECHANGAPARKWAY I A.c. OVERLAY I 313 I 2 03/!9/07 I PAUBA ROAD AT VILLA ALTURAS I R&RA.C. I 186 I 6 03/20/07 I RANCHO VISTA / DE PORTOLA I A.C. OVERLAY I 306 I 2 03/22/07 I MEADOWVIEW AREA I A.C. OVERLAY I 447 I 3.5 03/26/07 I MEADOWVIEW AREA I A.C.OVERLAY I 694 I 3 03/29/07 I MEADOWVIEW AREA I A.C. OVERLAY I 553 I 3 I I I I I I I I I I I I I I I I I I I I I I I I TOTAL S.F. OF REPAIRS 6_801 TOTAL TONS 69 R;\MAINT AIN)WKCMPLTD\ASPHALT.REPAJR\06.07 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF MARCH, 2007 II DATE," I 03/01/07 AREAS #1 & #4 I 03/05/07 CITYWIDE I 03/06/07 AREA #1 I 03/08/07 AREA #3 I 03/12/07 CITYWIDE I 03/14/07 AREA #1 I 03/19/07 CITYWIDE I 03/20/07 AREA #3 I 03/21/07 AREA #3 I 03/22/07 AREA #2 I 03/23/07 AREA #2 I 03/26/07 CITYWIDE I 03/27/07 AREA #5 I I .......,.....,.'... . <-."..,,,,....... >"i.;"'.,-',' :<-.";:0':,',;", ,:,:"..;..:;:;:.. . WOR, K COMPLETED ....,....'....... ........ "';,', ", ',-- -,.,- I CLEANED & CHECKED 19 CATCH BASINS CLEANED & CHECKED 15 CATCH BASINS CLEANED & CHECKED 2 CATCH BASINS I CLEANED & CHECKED 19 CATCH BASINS \ CLEANED & CHECKED 16 CATCH BASINS \ CLEANED & CHECKED 4 CATCH BASINS 1 II CLEANED & CHECKED 11 CATCH BASINS I CLEANED & CHECKED 14 CATCH BASINS I CLEANED & CHECKED 22 CATCH BASINS I I CLEANED & CHECKED 8 CATCH BASINS ; I I CLEANED & CHECKED 2 CATCH BASINS 'I I CLEANED & CHECKED 14 CATCH BASINS I I CLEANED & CHECKED 6 CATCH BASINS I I I I I I I I I L I II TOTAL CATCH BASINS CLEANED & CHECKED -ill R:\MAINTAIN\WKCMPLETDlCATCHBASI06.07\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF MARCH, 2007 ~ n",TE I,OCATION WORK COMPLETED 03/05/07 K-MART I REMOVED 5 S.F. OF GRAFFITI 03/05/07 SANTA GERTRUDIS AT MARGARITA REMOVED 10 S.F. OF GRAFFITI 03/05/07 SANTA GERTRUDlS AT WINCHESTER REMOVED 45 S.F. OF GRAFFITI 03/05/07 WINCHESTER AT WINCHESTER CREEK REMOVED 60 SF OF GRAFFITI 03/06/07 PACIFIC GROVE AT SOMMERSET REMOVED 5 S.F. OF GRAFFITI 03/06/07 RANCHO CALIFORNIA ROAD AT MORAGA REMOVED 4 S.F. OF GRAFFITI 03/12/07 A VENIDA DE MISSIONES REMOVED 21 S.F. OF GRAFFITI 03/12/07 BUTTERFIELD STAGE BRIDGE REMOVED 40 S.F. OF GRAFFITI I I 03/13/07 OLD TOWN FRONT STREET REMOVED 404 S.F. OF GRAFFITI I 03/13/07 MARGARITA PARK I REMOVED 389 S.F. OF GRAFFITI I 03/14/07 PECHANGA PARKWAY REMOVED 650 S.F. OF GRAFFITI ~ I 03/15/07 TEMECULA LANE REMOVED 60 S.F. OF GRAFFlTl ~ 03/16/07 SUNNY MEADOWS AND ABBY REINKE REMOVED IS S.F. OF GRAFFITI ~ 03/19/07 TEMECULA LANE REMOVED 53 S.F. OF GRAFFITI ~ 03/19/07 LOMA LINDA I REMOVED IS S.F. OF GRAFFITI ~ 03/19/07 PECHANGA CHANNEL I REMOVED 100 S.F. OF GRAFFITI 03/19/07 MARGARITA AT SANTA GERTRUDlS CREEK REMOVED 870 S.F. OF GRAFFITI 03/19/07 WINCHESTER AT SANTA GERTRUDlS CREEK REMOVED 145 S.F. OF GRAFFITI ~ 03/20107 RANCHO VISTA AT MIRA LOMA REMOVED 25 S.F. OF GRAFFITI ~ 03/26/07 3RD AT MERCEDES REMOVED 48 S.F. OF GRAFFITI II 03/26/07 SIB I-IS AT HWY 79 SO. I REMOVED 645 S.F. OF GRAFFITI 03/26/07 FRONT STREET PARK & RIDE I REMOVED 13 S.F. OF GRAFFITI 03/26/07 42101 MORAGA I REMOVED 17 S.F. OF GRAFFITI R:\MA1NTAIN\WKCMPLTD\GRAFFJTI\06.07 I I I I I I I i<\.i~;~I" .. , ....LotWfION 03/26/07 I TARGET CENTER II 03/26/07 I NICOLAS ROAD CHANNEL I 03/26/07 I CORBIE AT SUNNY MEADOWS I 03/27/07 I SUNNY MEADOWS I 03/27/07 I TARGET CENTER ,I 03/27/07 I CANDIDA I 03/28/07 I PAUBA E/O YNEZ I 03/29/07 I RANCHO CALIFORNIA ROAD BRIDGE II 03/29/07 /30206 COLINA VERDE 'i 03/29/07 / KOHL'S I 03/29/07 I WINCHESTER "TACO BELL" II 03/29/07129711 JEFFERSON I I / I I I I I I I I I I I REMOVED I I I I I I I REMOVED I REMOVED I REMOVED I I REMOVED I I REMOVED I I I I I I I I I I I I I I I I I I WORKCOMPLETED REMOVED REMOVED I REMOVED I REMOVED I REMOVED I REMOVED I I I 'I I I ~ i TOTAL S.P. GRAFFITI REMOVED TOTAL LOCATIONS 4.960 35 -, R:\MAINTAIN\WKCMPLTD\GRAFFlTJ\06.07 ~ <~ ~o ~~ U~ ~~ ~~ ~H H~ ~~ O~ ~~ H~ ~l'- UQ Q N l r i .- - - - - - - -.-.-.-.-.-.-.-.-.-.-,-,-,-,-,-,-,-.- 00000000000000000000000000 00000000000000000000000000 00000000000000000000000000 ~~~~M~~~~M~~~~M~~~~M~~~~M~ ~~~~~~MMMMMNNNNN~~~~~ ,- - '" '" "''''''' ~ 00 ... ... -< U ~ ;;.. o ;;.., 16 .~. ~ Q .0] " !;i''''.o t>SllS'S ,,2 ~'2 >''' >,8,1:l.s ~ g ~~::E~~~~~~8~8 ~.~ I ~ '" 0'0 "'~ '<;f'" "::t 0 00 _ '" o MO\ r-" 00" -.::t" j ~ ~-;;; ~ ;;; - 1J ~ l .g ~ -,.. ~ 'S J!l fr '" ~ '" ~ ,.., - ~ ~ ~ ~ " 'B " o " ILl c > 0 Z I- U 0 I- D.. W 1/1 Cl ::l <( ~ l- LL. ::l a ..., w rn z + ::l ..., ~ :;; ....I ii! D.. <( It: <( :;; lD w lL Z <( ..., ...t-- 0:10 ",0 ....N '" -" oS ...; ... 0- .s< " ~~ .so o I~ ~ ~ 'S " ;.- ~ ~ 'S " " " A l QO III .., <:> M ,..., III ,..., .... o ~ 0- 00. "' - -; u CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DMSION RIGHT-OF-WAY TREE TRIMMING MONTH OF MARCH, 2007 -'....;.;.......,.-....,.. '"',,..", ',:';;;.,., ".,,-:.,- .,'. ,', .(:::-.", ,..,,' ,'". . .:-. """.",,..;..;',..-' ""." ''''''"",,',.;,.'-.,,:..:.,;;.. ," ~,i;':'; .' ',- " '.',...- ,-.' .,'-... '. " '. .. .' WORK COMPLETED IlnA~E :'."..'.. .' . .LOCATI6N I 03/12107 NICOLAS AT VIA LOBO 103/20/07 PAUBA AT LA PRIMAVERA I I I I TRIMMED I TRIMMED I I I I I I I I I I I I I I I I I I I I I I , I I I I I II I I I I I 'I I I TOTAL R.O.W. TREES TRIMMED J1 II 6 R.O.W. TREES I I II I I I I !/ I I 7 R.O.W. TREES I I I II I I II R:\MAINTAIN\WRKCOMPLTD\TREES\06.07 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF MARCH, 2007 DATE REC'.o LOCATION tmQlJEST 03/01/07 31276 CORTE TAVERA A.C. REPAIR 03/01/07 41848 ASTEROID WAY TREE REMOVAL 03/01/07 PAUBA AT VIA RAMI I DEBRIS PICK-UP 03/04/07 30287 SILVER RIDGE COURT I S.N.S. DOWN 03/05/07 41844 MARWOOD CIRCLE I S.N.S. DOWN 03/05/07 CARINO TREE DOWN 03/05/07 VIA LA A VIDA TREE DOWN 03/05/07 31675 WEIBEL CIRCLE TREE TRIMMING 03/05/07 31265 HIAWATHA TREE REMOVAL 03/06/07 30231 CORTE CANTERA TREE DOWN 03/06/07 45332 TOURNAMENT LANE TREE REMOVAL 03/06/07 31541 CORTE PACHECO TREE REMOVAL 03/07/07 45683 MASTERS DRIVE TREE TRIMMING 03/08/07 31541 CORTE PACHECO P.C.c. REPAIR 03/09/07 OVERLAND AT JEFFERSON P.C.c. REPAIR 03/09/07 40200 P ASEO SERENO DEBRIS PICK-UP 03/09/07 CALLESITO V ALLART A S.N.S. MISSING 03/09/07 RANCHO CALIFORNIA ROAD AT MARGARITA ROAD DEBRIS PICK-UP 03/12/07 30261 TRADEWATERCOURT TREE TRIMMING 03/13/07 NANA'S ANTIQUES OIL SPILL 03/13/07 30569 A VENIDA ESTRADA DEBRIS PICK-UP 03/13/07 41117 PROMENADE CHARDONNAY HILLS ROOT PRUNING 03/14/07 CAMINO MAREA TRAFFIC REQUEST 03/14/07 32354 CORTE LAS CRUCES TREE TRIMMING 03/14/07 HWY79 SO. AT LA PAZ RELOCATE SIGN - DATE WORK COMPLETED 03/01/07 03/01/07 03/01/07 03/04/07 03/05/07 03/05/07 03/05/07 03/05/07 03/05/07 03/06/07 03/06/07 03/06/07 03/07/07 03/08/07 03/09/07 03/09/07 03/09107 03/09/07 03/12/07 03/13/07 03/13/07 03/13/07 03/14/07 03/14/07 03/14/07 R:\MAINTAlN\WRKCOMPLTD\SORSVJ&.01 DATE DATE WORK REOn LQCATION REQUEST COMPLETED 03/14/07 I MARGARITA ROAD WEEDS I 03/14/07 03/15/07 I YNEZ I RAISED SIDEWALK I 03/15/07 03/15/07 I RANCHO CALIFORNIA ROAD AT MARGARITA I SIGN QUESTION I 03/15/07 03/15/07 I 40232 VillETTE CIRCLE I TREE TRIMMING I 03/15/07 03/14/07 I 44829 TROTSDALE I FENCE DOWN I 03/14/07 03/15/07 I WILLOW CREST DRIVE I SIGN DOWN I 03/15/07 03/15/07 I 4 II 09 VIA HALCON I ROOT PRUNE I 03/15/07 03/15/07 I 45327 ZUMA DRIVE I ROOT PRUNE I 03/15/07 03/16/07 I VIA BRISA I WEED ABATEMENT I 03/16/07 03/16/07 I CAMINO MOLNAR I SNS MISSING I 03/16/07 03/19/07 I OLD TOWN FRONT STREET I LIGHT POLE BENT I 03/19/07 03/19/07 130150 VIA MONTEREY I A.C. REPAIR I 03/19/07 I 43049 MANCHESTER COURT , 03/19/07 I TREE STAKING I 03/19/07 03/20/07 I 41566 CORTE SEDA I TREE TRIMMING I 03/20/07 03/20/07 I MORAGA I DEBRIS PICK-UP I 03/20/07 03/20/07 I PAUBAROAD I DEBRIS PICK-UP I 03/20/07 03/20/07 I MEADOWS PARKWAY I DEBRIS PICK-UP I 03/20/07 03/21/07 I VIA LOBO I GATE OPEN I 03/21/07 03/22/07 I 39698 KNOLL RIDGE I WATERLEAK I 03/22/07 03/23/07 I 45826 CORTE LEMA I SIGN DOWN I 03/23/07 03/23/07 I YNEZAT SOLANA I DEBRIS REMOVAL I 03/23/07 03/23/07 I 40175 ALBANY COURT I WATERLEAK I 03/23/07 03/29/07 I CAMINO CORTO I TREE DOWN I 03/29/07 03/29/07 I A VENIDA DE MISSIONES I DEBRIS REMOVAL I 03/29/07 I I I I I I TOTAL SERVICE ORDER REQUESTS ---12 R:\MAINTAIN\WRKCOMPLTDlSORSI06.07 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF MARCH, 2007 ... .' .' :WORKCOMPLETED ~ REPLACE~ I 8 SIGNS / REPAIR 3 I 03/01107 VIA RIO TEMECULA / HWY 79 SO. 03/01107 REDHAWK 03/02/07 AREA #1 03/06/07 CITYWIDE I, 03/08/07 PAUBA AT GREEN TREE I I 03/08/07 LOW FLOW ATDIAZ I 03/13/07 WOLF V ALLEY ROAD I 03/14/07 RANCHO CALIFORNIA ROAD AT MARGARITA I 03/16/07 PEACH TREE AT PRIMROSE I 03/16/07 NICOLAS AT WINCHESTER I 03/16/07 PECHANGA AT PRIMROSE I 03/16/07 CITYWIDE REPLACED REPLACED REPLACED REPLACED 03/19/07 I 03/19/07 I 03/19/07 I 03/19/07 REPAIRED RANCHO CALIFORNIA ROAD AT BUTTERFIELD STAGE I REPLACED CAMINO PIEDRA ROJO REPLACED TEMECULA LANE REPLACED I REPLACED I REPLACED I REPAIRED I REPAIRED I INSTALLED I REPAIRED I REPLACED ELINDA AT CALLE HALCON 03/19/07 SOLANAATDELREY 03/19/07 I 03/21107 I 03/21/07 I 03/27/07 I 03/28/07 l CITYWIDE REDHA WK AREA MARGARITA AT MORAGA CITYWIDE RANCHO CALIFORNIA ROAD AT MEADOWS PARKWAY TOTAL SIGNS REPLACED TOTAL SIGNS INSTALLED TOTAL SIGNS REPAIRED R4-7, TYPEK ,/ SNS, RI-l, R4-l I 3 DELINEATORS S.N.S. 8 SIGNS 3 DELINEATORS R4-7 OMD-4 4 RI-4 4 RI-4 7 SIGNS II I I I ~ J -12 43 - -.-- - ,... 8 SIGNS 14 DELINEATORS 12 SIGNS 4 DELINEATORS R:\MAINTAIN\WKC'MPLtD\SIGNSL06.07 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF MARCH, 2007 03/1 9/07 I AREA #1 I REPAINTED I 3,265 LF. RED CURB I I I I I I I I .I I I I , I I I I I I I I I I I I -Ii I I I I I I I I I I I I ,I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I TOTAL NEW & REPAINTED LEGENDS 0 I NEW & REPAINTED RED CURB & STRIPING L.F. 3.265 JI - ~-- R:\MAINTAIN\WRKCOMPLTDISTRIPING\06.07