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Home My WebLink About111808 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE NOVEMBER 18, 2008 - 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. Next in Order: Ordinance: 08-11 Resolution: 08-94 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Musicians Workshop Invocation: Pastor Brent Yim of Temecula Community Church Flag Salute: Mayor Pro Tem Edwards ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Ninth Annual Community Candlelight Tribute Day Proclamation Family Night in Temecula Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five 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 Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of October 14, 2008; 2.2 Approve the minutes of October 28, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of September 30, 2008 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of September 30, 2008. 5 Review of City Conflict of Interest Code RECOMMENDATION: 2 5.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE 6 Request for approval of a one-story height increase for the Truax Building, Planning Application No. PA08-0008, located at the northwest corner of Mercedes and Second Streets RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A HEIGHT INCREASE OF ONE-STORY FOR PLANNING APPLICATION NO. PA08-0008, LOCATED AT THE NORTHWEST CORNER OF MERCEDES AND SECOND STREETS (APN'S 922-043-012 AND 922-043-017) 7 Tenth Amendment to the Joint Exercise of Powers Agreement between the City of Temecula and the Riverside County Habitat Conservation Agency RECOMMENDATION: 7.1 Approve the Tenth Amendment to the Joint Exercise of Powers Agreement creating the Riverside County Habitat Conservation Agency 8 Second Amendment to Agreement for Consultant Services with Environmental Science Associates (ESA) for the Santa Margarita Area Annexation Environmental Impact Report E( IR) RECOMMENDATION: 8.1 Approve an Amendment to the Agreement for Consultant Services with ESA in the amount of $20,000 to complete the preparation of an Administrative Final EIR, including responses to comments for the Santa Margarita Area Annexation. 9 Community Grant Agreement with the Temecula Sister City Association RECOMMENDATION: 9.1 Approve a grant in the amount of $7,500 for the Temecula Sister City Association for fiscal year 2008-2009. 10 Membership Appointment on Riverside County Solid Waste Management Advisory Council RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING REPRESENTATION ON THE RIVERSIDE COUNTY SOLID WASTE MANAGEMENT ADVISORY COUNCIL 10.2 Direct the City Manager to appoint a representative to the Riverside County Solid Waste Management Advisory Council. 11 Approval of the Pre-Qualified Contractors for Structured Data Cable for the Old Town Civic Center, Project No. IS 08-08 (Phase 2) RECOMMENDATION: 11.1 Approve the list of data cable vendors, outlined below, as Pre-Qualified installers with CommScope SYSTIMAX certifications and eligible to submit bids for Structured Data Cable for Phase 2 of the Old Town Civic Center Project. 12 Temecula Valley City County Schools Partnership (at the request of Mayor Pro Tern Edwards and Council Member Washington in conjunction with Temecula Valley Unified School District Board President Barbara Tooker) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO ESTABLISH THE TEMECULA VALLEY CITY COUNTY SCHOOLS PARTNERSHIP 12.2 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT EMANCIPATING FOSTER YOUTH THROUGH THE TEMECULA VALLEY CITY COUNTY SCHOOLS PARTNERSHIP 13 Authorize Temporary Street Closures for Santa's Electric Light Parade on December 5, 2008, and Delegate Authority to issue Special Events/Street Closures Permit to the Director of Public Works RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM RANCHO CALIFORNIA ROAD TO OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA MONTEZUMA AT DIAZ ROAD FOR SANTA'S ELECTRIC LIGHT PARADE ON DECEMBER 5, 2008, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 14 Acceptance of certain Public Streets into the City-Maintained System within Tract Map Nos. 29798-1, -2, -3, -5, -6, -7, -9, -10, -F (Located southeasterly of the intersection of Pechanga Parkway and Loma Linda Road (within the Wolf Creek Subdivision) RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT MAP NOS. 29798-1, -2, -3, -5, -6, -7, -9, -10, -F) 15 First Amendment to a Reimbursement Agreement Associated with the Old Town Infrastructure Projects, PW06-07 (C & E) RECOMMENDATION: 15.1 Approve the First Amendment to the Reimbursement Agreement with the Eastern Municipal Water District (EMWD) in the amount of $55,038.75, for relocation of sewer laterals associated with the Old Town Infrastructure Projects, PW06-07 (C & E) and authorize the City Manager to execute the Amendment. 16 Administering Agency-State Agreement for Federal-Aid Projects Master Agreement and Program Supplement Agreements RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY MANAGER TO EXECUTE THE MASTER AGREEMENT ADMINISTERING AGENCY-STATE AGREEMENT NO. 08-5459R AND ALL PERTINENT PROGRAM SUPPLEMENT AGREEMENTS FOR FEDERAL-AID PROJECTS 17 Second Reading of Ordinance No. 08-10 RECOMMENDATION: 17.1 Adopt an Ordinance entitled: ORDINANCE NO. 08-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 15.04.030 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE CALIFORNIA ELECTRICAL CODE 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 for the record CSD CONSENT CALENDAR 18 Minutes RECOMMENDATION: 18.1 Approve the minutes of October 28, 2008. 19 Award the Construction Contract for the Temecula Community Center Expansion , Project No. PW06-05 RECOMMENDATION: 19.1 Award a construction contract for the Temecula Community Center Expansion, Project No. PW06-05 to Erickson Hall Construction Company in the amount of $1,184,000; 19.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $118,400, which is equal to 10% of the contract amount; 19.3 Make a finding that the Temecula Community Center Expansion project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 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 for the record RDA CONSENT CALENDAR 20 Minutes RECOMMENDATION: 20.1 Approve the minutes of October 28, 2008. 21 Professional Services Agreement between Agency and Fehr & Peers RECOMMENDATION: 21.1 That the Agency Members approve a Professional Services Agreement between the Agency and Fehr & Peers Transportation Consultants for the Old Town Parking Management Plan, in the amount of $53,510; 21.2 Approve a 10% contingency for an amount of $5,351. 22 Old Town Parkinq License Agreement - Munyon RECOMMENDATION: 22.1 That the Agency Members extend the Old Town License Agreement between the Temecula Redevelopment Agency and Dennis Munyon for an annual amount of $9,500. 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 23 Long Range Planning Project No. LR08-0039, proposed Development Code Amendments Amending Zoning Standards Applicable to Educational Institutions and Schools and Amending the Temecula Municipal Code RECOMMENDATION: 23.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ZONING STANDARDS APPLICABLE TO EDUCATIONAL INSTITUTIONS AND SCHOOLS AND AMENDING THE TEMECULA MUNICIPAL CODE CITY COUNCIL BUSINESS 24 Community Services Commission Appointment RECOMMENDATION: 24.1 Appoint one applicant to serve a full three-year term on the Community Services Commission through October 10, 2011. 25 Public/Traffic Safety Commission Appointments RECOMMENDATION: 25.1 Appoint two applicants to serve full three-year terms on the Public/Traffic Safety Commission through October 10, 2011. 26 Massage Ordinance RECOMMENDATION: 26.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING REGULATIONS APPLICABLE TO MASSAGE SERVICES, AND AMENDING TITLE 5 OF THE TEMECULA MUNICIPAL CODE CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, November 25, 2008, 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. The entire agenda packet (including staff reports) may be available for viewing at City Hall- 43200 Business Park Drive, Temecula-and at the Temecula Library- 30600 Pauba Road, Temecula- during normal business hours. The packet will be available for viewing the Friday before the City Council meeting after 4:00 PM. You may access the packet on the City's website- cityoftemecula.org- which as well will be available the Friday before the City Council meeting after 4:00 PM. PROCLAMATIONS AND PRESENTATIONS ca X a N U G cd N 'd N p N o o oA " b U O r N - 03 y Z w N 1~ cc. Cd ~..i 4t awe 75 U U U '"~I ~ z y 44 -4-4 p 4 cd t r a t 4 ~V 44 ~ * ~ N n U *►a ? ~ r~l- ca V ~ ~ U ~ O y Ob N by + ' ;Y~, 0 'd U ? G C~ cc3 ' + 4-' N p G + c p ct ct p G U p U 0 ct a~ Q•, bap ua ~ a ' o ff G o C ~ ►1"~I r, G N *Ni G cu Cd c~ ai N 'd 2 ~ a G ' ' - U r-,4 • 3-r ' 4 O ct zn ~ N rti' O ~ r. U N En o W Cd J + W - 4 ~ N G ~ ~ W ~ W ~ W , , ~ W ~ x x x 'Es i''C'" G O z N N cd 14. O 'd a3 O ~ Q O r O 1 G -C:$ 71- p cd U O a ~ a o M a o ca z t l O U 4) 'D 1~ Do y ~ o Q O c w 0 -C W y h a~ 0 O c i ' Q C,3 bA -ct h O 44 o 0 a~ z~ a o N an +Y 411 qt~ 71 w ° O E~ as t►~i ^ by 0 U ° ° J 7 ~ l a~ b a -a ~ a 73 r an r~ c3 a 'D r- U 3 D 4a n .N c r w V y ~ bzn o z w oo r ~ H ~ x ~ a ~ a ~ ~a o a ~ N K U N ~ i°. z U CONSENT CALENDAR ITEM NO. 1 ITEM NO. 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL OCTOBER 14, 2008 The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced at 7:00 p.m. on Tuesday, October 14, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Washington, Naggar Absent: Council Members: Roberts PRELUDE MUSIC The prelude music was provided Helen Miller and Gabby Utley INVOCATION The invocation was provided by Reverent Jonathan Maxey of Grace Chapel of Temecula Valley PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Washington Abbott Vascular Presentation Divisional Vice President Ken Carlisle provided a brief update with respect to Abbott Vascular, relaying the following information: • That Abbott Vascular is one of the fastest growing divisions of Abbott Laboratories • That Abbott Vascular is the leading provider for medical devices treating vascular disease • That Abbott Vascular employees 10,000 employees world-wide, advising that 4,000 of the employees work at the City of Temecula facility • That Abbott Vascular products help individuals with cardiac and/or vascular disease • That in July 2008, Abbott Vascular received FDA approval to distribute its drug approved stent which, thus far, has captured 30% of the market • That the Abbott Vascular facility encompasses approximately 1 million square feet • That Abbott Vascular utilizes environmental friendly materials The City Council thanked Mr. Carlisle for being a great corporate partner. Operation School Bell Month Proclamation On behalf of the City Council, Mayor Naggar proclaimed October, 2008 to be Operation School Bell Month. Thanking the City Council for the proclamation, President of Assistance League Plummer and Operation School Bell Chairperson Torrez, happily accepted the proclamation. RAMinutes1101408 Certificate of Achievement to Michael Alhadeff For his accomplishment in raising a record $19,000 for Race for Autism with funds going to the National Foundation for Autism Research, Mayor Naggar presented Michael Alhadeff with a Certificate of Achievement. Michael thanked the City Council for the recognition. Also thanking the City Council for the recognition of his son, Michael, Mr. Sam Alhadeff invited the public to attend a fundraising event at Wilson Creek Winery on Friday, October 17, advising that the monies of the event will go toward the Nicolas Foundation to eradicate Autism. PUBLIC COMMENT A. By way of overheads, Mr. Jason Eggebean, representing Boy Scout Troop 384, invited the public to attend the Reduce, Reuse, Recycle Fundraiser at Rancho Community Church on October 17-18, 2008, from 10:00 a.m. to 3:00 p.m., advising more information could be found by calling (951) 970-1034. B. Although speaking highly of the City of Temecula, Mr. Ron Muir, Temecula, relayed his concern with motorcycle riders feeling as though they cannot ride into town without being harassed and/or ticketed. In response to Mr. Muir's concern, Mayor Naggar advised that he is aware of this misunderstanding and suggested that he contact the City Manager in order to meet with him and the Chief of Police to discuss his concern. C. By way of overheads, Ms. Laura Hurst-Brown, representing Vintage Hills HOA, addressed the amount of congestion along Meadows Parkway. For Ms. Hurst-Brown, Mayor Naggar noted that the City Manager will contact her to discuss her concerns. D. Referencing the Development Code, Mr. Michael McKernon, Temecula, requested that the Development Code be amended to allow him to install a wind-powered turbin on his property. Relaying that the City is currently in the process of working on green programs to add to the City's Development Plan, Mayor Naggar suggested that he contact Assistant City Manager Johnson to address his request. E. Also expressing concern with motorcycle riders being heavily targeted and ticketed by Temecula police, Mr. Doc Laine, Temecula, stated that the lack of riders patronizing businesses in Old Town, businesses have suffered and queried why the City Council would direct this type of harassment. F. Mr. Otto Baron, Temecula, relayed his dismay with the City spending $75,000 on a Quality of Life study when the current City Council is not truly interested in improving the quality of life for its Old Town Merchants. G. Mr. Jimmy Moore, Temecula referenced an article in Downbeat Magazine's November 2008 issue glorifying Temecula Jazz Festival. R:1Mi n utes1101408 2 H. Presenting the City Council with a commemorative platter and Certificate of Appreciation, Mr. Jon Laskin, Temecula, thanked the City Council for having the vision and foresight to make Temecula a Jazz destination. 1. Commenting on the outstanding achievements made in the City by its City Council, Ms. Kathleen Hamilton, Temecula, noted that it would be her opinion that the City of Temecula does not need rescuing but rather, it would be the envy of many cities. J. Relaying her dismay with the Rescue Temecula Group, Ms. Barbara Wilder, Temecula referenced an article in the Californian regarding the group, and stated that the residents of Temecula are proud of the successes that have been made to the City by its City Council. K. Mr. Fred Bartz, Temecula, also expressed his dismay with the Rescue Temecula Group and its negative influence on the City Council election and queried why individuals who do not reside in Temecula feel it is their duty to rescue Temecula. CITY COUNCIL REPORTS A. By way of overheads, Mayor Pro Tern Edwards advised of a Benefit Concert for the TemeculalMurrieta Community Pantry and Musicians Workshop on Sunday, November 3, 2008, at Grace Presbyterian Church on Nicolas Road, noting that more information could be found at (951) 678-2517. B. Thankful that the City is not enduring fires, Council Member Comerchero relayed that several of Temecula's firefighters are up north battling fires. C. Mayor Naggar advised of Huell Howser's show California's Communities, noting that Old Town Temecula will be featured in the program on Friday, November 24th on KCET at 7:30 p.m. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION 2.1 Approve the minutes of September 9, 2008 R:1Mi n utes1101408 3 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of August 31, 2008 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of August 31, 2008. Consent Calendar Item No. 5 will be addressed on page 6. 5 Participate in the Cities for Climate Protection Campaign to Develop a Green House Gas (GHG) Emissions Inventory and Climate Action Plan RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 08-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO PARTICIPATE IN THE CITIES FOR CLIMATE PROTECTION CAMPAIGN TO DEVELOP A GREEN HOUSE GAS EMISSIONS INVENTORY AND CLIMATE ACTION PLAN FOR THE CITY OF TEMECULA 6 Grant of Easement to Southern California Edison Company associated with the Rule 20 Underground Utility District and the Old Town Civic Center, Project No. PW06-07 RECOMMENDATION: 6.1 Approve a Grant of Easement to Edison to allow Edison to maintain their facilities within the Rule 20 Underground Utility District and the Old Town Civic Center, Project No. PW06-07, and authorize the Mayor to execute the aforementioned document. 7 Traffic Signal and Safety Lighting Maintenance Agreement between the City of Temecula and the Pechanga Band of Luiseno Mission Indians RECOMMENDATION: 7.1 Approve the Agreement for Maintenance of Traffic Signal on Tribal Land between the City of Temecula and the Pechanga Band of Luiseno Mission Indians; 7.2 Authorize the Mayor to execute the agreement. RAMinutes1101408 4 8 Chaparral Village Parcel Map No. 26232-2, Agreement for Utility Undergrounding RECOMMENDATION: 8.1 Approve the Agreement for Utility Undergrounding of existing power poles and utility lines; 8.2 Authorize the Mayor to execute the agreement. 9 Parcel Map No. 34387 (located at the Southwest side of the knuckle of Nicole Lane & Overland Drive) RECOMMENDATION: 9.1 Approve Parcel Map No. 34387 in conformance with Conditions of Approval. 10 Parcel Map No. 35481 (located at the southwest corner of Rancho California Road and Moraga Road) RECOMMENDATION: 10.1 Approve Parcel Map No. 35481 in conformance with Conditions of Approval; 10.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance, Labor and Materials, and Monument Bonds as security for the agreement. 11 Purchase and Sale Agreement and Joint Escrow Instructions for the Purchase of Certain Property Rights Identified as Portion of Assessor's Parcel Number 920-090-002 RECOMMENDATION: 11.1 Approve in substantially the form attached hereto the Purchase and Sale Agreement and Joint Escrow Instructions between the City of Temecula and Rancho California Water District (RCWD), for the purchase of 1.62 Acre (70,654 Square Foot) portion of Assessor's Parcel Number 920-090-002 for the construction of the Pedestrian/ Bicycle Bridge over Santa Gertrudis Creek, City Project Number PW05-11, at a purchase price of $3,293 plus escrow fees; 11.2 Authorize the City Manager to execute the Purchase and Sale Agreement in the amount of $3,293 to cover the cost of the property plus the associated escrow fees, approve and execute any necessary documents, and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. RAMinutes1101408 5 12 Second Amendment to a Geotechnical and Material Testing Professional Service Agreement for the Old Town Infrastructure Projects PW06-07 (C & E) RECOMMENDATION: 12.1 Approve the Second Amendment to the Agreement with Leighton Consulting, Inc., for professional geotechnical & material testing services, in the amount of $40,000 for the Old Town Infrastructure Projects PW06-07 (C & E) and authorize the City Manager to execute the Amendment. MOTION: Mayor Pro Tern Edwards moved to approve the Consent Calendar with the exception of Item No. 5 that will be discussed under separate discussion; see below. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION 5 Participate in the Cities for Climate Protection Campaign to Develop a Green House Gas (GHG) Emissions lnventorv and Climate Action Plan RECOMMENDATION: 5.2 Adopt a resolution entitled: RESOLUTION NO. 08-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO PARTICIPATE IN THE CITIES FOR CLIMATE PROTECTION CAMPAIGN TO DEVELOP A GREEN HOUSE GAS EMISSIONS INVENTORY AND CLIMATE ACTION PLAN FOR THE CITY OF TEMECULA Director of Planning Ubnoske provided a brief staff report (of record). Although in favor of Item No. 5, Mr. Hall, Temecula, relayed his concern with some of the language of the resolution interfering with the quality of his life. MOTION: Council Member Washington moved to approve Item No. 5. Mayor Pro Tern Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. CITY MANAGER REPORT No report at this time. CITY ATTORNEY REPORT With respect to Closed Session, City Attorney Thorson advised that there was no formal action to report. RAMinutes1101408 ADJOURNMENT At 8:05 p.m. the City Council meeting was formally adjourned to Tuesday, October 28, 2008, 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. Michael S. Naggar, Mayor ATTEST: Susan Jones, MMC City Clerk [SEAL] RAMinutes1101408 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL OCTOBER 28, 2008 There being no Closed Session, the City Council convened its regular meeting at 7:00 p.m. on Tuesday, October 28, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Roberts, Washington, Naggar Absent: Council Members: None PRELUDE MUSIC The prelude music was provided Candace Saunders and Brianna Thomas from the Musicians Workshop. INVOCATION The invocation was provided by Pastor John Wells from Mountain View Community Church of Temecula. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Comerchero. PRESENTATIONS/PROCLAMATIONS Senior Citizens' Day Proclamation With appreciation, Ms. Linda Cole, representative for the Chateau at Harveston Holiday Properties, accepted the proclamation. Certificate of Achievement presented to Brandon Olsen for attaining the rank of Eagle Scout Briefly explaining his Eagle Scout project, Brandon Olsen was presented by Mayor Pro Tem Edwards with a Certificate of Achievement and the City's Eagle Scout pin. PUBLIC COMMENT Due to technical difficulties, the following speakers spoke, as noted below, although the minutes will not reflect his/her individual public comments: Jerol Riley, Temecula Doc Laine, Temecula Albra Miller Lisa Musick, Temecula RAMi n utes1102808 At this time, the audio tape was audible and the minutes will reflect the public comments from the following individuals: With regard to the County project Europa Vineyard Estates, Ms. Adrian McGregor, Temecula, noted that the City with previous County projects requested the County to impose certain conditions/requirements in light of potential City impacts. She questioned why the developer of this County project was not required to provide improvements prior to 80% completion of this project, noting that different conditions and/or requirements were imposed on the Roripaugh Ranch developer. Mr. Walt Allen, Temecula, expressed his support of the reelection of Mayor Naggar and Council Member Washington. Commenting on the efforts undertaken by the City to sue the County because of traffic impacts of County projects, Mr. Stephen Eldred, Temecula, questioned by similar concern/requirements were not requested by the City with regard to the Europa Vineyard Estates project, noting that this developer was not required to provide certain improvements until 80% of project completion. In response to Mr. Eldred's concern, Mayor Naggar suggested that he contact City Manager Nelson. Ms. Kathleen Hamilton, Temecula, commended the City Council on a splendid job Commending City Attorney Thorson on his integrity, Mr. Gary Thornhill, Temecula, as well commented on our country's challenging times and, therefore, emphasized the need for strong leadership and spoke in support of the reelection Mayor Naggar and Council Member Washington. Pleased with the operations of the City, Mr. Bill Gould noted his support of the reelection of Mayor Naggar and Council Member Washington. Ms. Tracy Ream, CEO of Neighborhood Healthcare, apprised the Council and the public that Neighborhood Healthcare has two clinic sites in the City; provided material with regard to the operations of Neighborhood Healthcare; advised that the organization would be desirous of expanding within the City in an effort to provide dental care; and commented on the increased need for such services in light of the country's economic difficulties. In light of the formation of the Medical Task Force Committee, Council Member Washington suggested that Ms. Ream be included in future discussions/meetings. On behalf of the Old Town Business Association, Mr. Wyatt Earp (Chris Baily), Temecula, thanked the City Council for its assistance in making Old Town the attraction it is. By way of overheads, Mr. Al Rattan, Temecula, discussed Council Member Comerchero's Schedule A of Form 700 (Fair Political Practices Commission Form), addressing Mr. Comerchero's reported income from the Rancon Group; referenced City Attorney Thorson's letter of January 30, 2008 to the FPPC, stating that the Rancon Group is not a legal entity; and closed his comments by stating that, in his opinion, Council Member Comerchero has committed perjury. RAMi n utes1102808 In light the current challenging economic times, Mr. Fred Bartz, Temecula, commented on the need for proven leadership and, therefore, relayed his support of the reelection of Mayor Naggar and Council Member Washington to ensure the continued success of this City, noting that a lack of knowledge or experience would be a risk to the City during these times. Mr. Bartz briefly questioned why one of the candidates has chosen to not sign the City's Code of Fair Campaign practices and why the recent negative comments about the Council Members are being made at this point in time and not earlier. CITY COUNCIL REPORTS With Election Day quickly approaching, Council Member Washington encouraged the public to vote, noting that if he were reelected to the City Council, he would continue the work he has been enjoying and expressed his honor and privilege to represent the City of Temecula and thanked the citizens for the opportunity. Referencing the recent tragic Metrolink accident in Chatsworth, California, on September 12, 2008, Council Member Roberts, as Chairman of the Board of Metrolink, advised that on September 23, 2008 he had testified before the U.S. Senate Committee on Commerce, Science and Transportation, emphasizing the need for rail safety and the support of SB 3494 and HR 2095, noting that the President has signed H.R. 2095 - the Federal Railroad Safety Improvement Act. On October 14, 2008, Mr. Roberts advised that he had traveled to South Korea to meet with Hyundai-Rotem officials to further explore this company's new commuter rail cars with crash energy management features. Council Member Comerchero commended Council Member Roberts on his efforts associated with rail safety and advised that the City has been informed that City Attorney Thorson has been appointed to the Legal Advocacy Committee of the League representing Riverside County League of California Cities. For the high school government students in attendance, Mayor Pro Tern Edwards reviewed the City Council agenda process. Commenting on Huell Howser's California Gold series, Mayor Naggar advised that Mr. Howser recently spent two day in Old Town and dedicated an entire episode of California's Communities to Old Town, noting that the series will be linked to the City's website. As Mayor of the City, Mr. Naggar noted that his goal was to focus on City business. He extended appreciation to the community for his nine years of service and in closing, encouraged the public to vote. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. RAMi n utes1102808 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of September 23, 2008. (Council Member Roberts abstained.) 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Amendment to Agreement with Old Town Tire and Service RECOMMENDATION: 4.1 Approve the First Amendment to the Agreement between the City of Temecula and Old Town Tire and Service, LLC., for vehicle maintenance services in the amount of $30,000 for a total contract amount of $60,000. 5 Authorize Temporary Street Closure of Main Street between Old Town Front Street and the easterly end of the Main Street Bridge for the "Winter Wonderland" event scheduled for December 12, 2008, and delegate authority to Issue a Special Events/Street Closures Permit to the Director of Public Works RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 08-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND THE EASTERLY END OF THE MAIN STREET BRIDGE FOR THE "WINTER WONDERLAND" EVENT SCHEDULED FOR DECEMBER 12, 2008, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES (Council Member Comerchero abstained.) RAMi n utes1102808 6 Purchase of City Vehicle RECOMMENDATION: 6.1 Approve the purchase of a RMV Hot Patcher 6-Ton Diesel Fired Dump Style Truck from Municipal Maintenance Equipment in the amount of $144,234.15 for use by the Public Works Department; 6.2 Approve an additional capital asset allocation in the vehicle internal service fund for $13,734.15 to complete the purchase of this vehicle. 7 First Amendment to Fiscal Year 2008-2009 Citywide Maintenance Contract RECOMMENDATION: 7.1 Approve the First Amendment to the Fiscal Year 2008-2009 Annual Contract with Imperial Paving Company in the amount of $200,000 and authorize the Mayor to execute the Agreement. 8 Acceptance of Improvements and Notice of Completion for the Citywide Slurry Seal Project FY 2007-2008, Project No. PW08-02 RECOMMENDATION: 8.1 Accept the construction of the Citywide Slurry Seal Project FY 2007-2008, Project No. PW08-02, as complete; 8.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a four (4) year Maintenance Bond in the amount of $429,556.60; 8.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 9 Fourth Amendment to a Professional Services Agreement - Main Street Bridge Over Murrieta Creek (Replacement) - Project No. PW03-05 RECOMMENDATION: 9.1 Approve the Fourth Amendment to the Agreement with Simon Wong Engineering in an amount not to exceed $24,063 for additional services to modify the design of the Main Street Bridge Over Murrieta Creek (Replacement) - Project No. PW03-05 - to accommodate an 8" Rancho California Water District (RCWD) waterline. 10 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the De Portola Road Pavement Rehabilitation, Project No. PW06-10 RECOMMENDATION: 10.1 Approve the Plans and Specifications for the Project; 10.2 Authorize the Department of Public Works to solicit construction bids for the De Portola Road Pavement Rehabilitation, Project No. PW06-10. RAMi n utes1102808 11 Approval of a Professional Service Agreement for the Design of Street Improvements for the Nicolas Valley Community Facilities District/Assessment District (Liefer Road) - Project No. PW08-06 RECOMMENDATION: 11.1 Approve an Agreement with David Evans and Associates (DEA) to provide professional design engineering services for the Nicolas Valley Community Facilities District/Assessment District (Liefer Road) Project No. PW08-06, in the amount of $120,900; 11.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $12,090, which is equal to 10% of the Agreement. (Item No. 11 was pulled for separate discussion; see below.) MOTION: Mayor Pro Tern Edwards moved to approve the Consent Calendar with the exception of Item No. 11 which was pulled for separate discussion. Council Member Roberts seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who abstained on Item No. 2 and Council Member Comerchero who abstained on Item no. 5. Item No 11. considered under separate discussion 12 Approval of a Professional Service Agreement for the Design of Street Improvements for the Nicolas Valley Community Facilities District/Assessment District (Liefer Road) - Project No. PW08-06 RECOMMENDATION: 11.1 Approve an Agreement with David Evans and Associations (DEA) to provide p Professional design engineering services for the Nicolas Valley Community Facilities District/Assessment District (Liefer Road) Project No. PW08-06, in the amount of $120,900; 11.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the Contingency amount of $12,090, which is equal to 10% of the Agreement. Public Works Director Hughes provided the staff report (as per agenda material), noting that the proposed improvements will be to the benefit of the residents in the area (approximately 50 lots), not the residents at large, and, therefore, the property owners benefiting from these improvements will be paying for them. Mr. Hughes reiterated that the proposed recommendation is for the approval of an agreement not the formation of the District. If the District were not formed, Mr. Hughes advised that the properties will develop at which time the funds for the street improvements would be reimbursed to the City. In response to Council Member Washington, Mr. Hughes noted that the proposed figures in the staff report are relatively high. Public Works Director Hughes advised that the residents are desirous of more rural roads, no street lights, and no sidewalks; noted that the proposed improvements would be viewed as minimum improvements; and stated that the Planning Department will be presenting a General Plan Amendment, allowing property owners to subdivide; that the annual cost of the RAMi n utes1102808 improvements to the property owners will be uniformly formulated; and that these costs may be deferred for those property owners unable to afford them. Mr. Kenneth Ray, Temecula, relayed his support of the improvements. With regard to future lot sizes, Mr. Ray advised that the general consensus would be to retain a rural equestrian area (minimum lot size of acre) and to maintain septic systems and that property assessments should be based on the final lot split as dictated by the topography of each lot. Ms. Adrian McGregor, Temecula, suggested that the City explore the use of County services for the design engineering services and relayed her opposition to'/ acre lots. In response to Ms. McGregor's opposition to acre lots, Council Member Washington advised that the residents of the area requested that lot size. Mr. Washington noted that the process will continue in order to determine restrictions and that efforts will be undertaken to preserve a great community and its rural nature. Mayor Pro Tern Edwards further clarified that the recommended Council action would be to hire a firm for the design and that the residents will be given an opportunity to provide additional input. Deputy City Manager Johnson reiterated that the proposed action would be the early stages of this process and noted that the suggested lot size of acre was a requested option by property owners. MOTION: Council Member Roberts moved to approve Consent Calendar Item No. 11 as per staff recommendation. The motion was seconded by Council Member Washington and the electronic vote reflected unanimous approval. PUBLIC HEARING 17 Amendment to the 2007 California Buildinq Code 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 15.04.080 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE CALIFORNIA ELECTRICAL CODE By way of written material, Building and Safety Director Harold provided a brief overview of the recommendation. The public hearing was opened; there being no public input, Mayor Naggar closed the public hearing. Introducing the Ordinance, City Attorney Thorson read the ordinance by title only. MOTION: Council Member Roberts moved to approve staff recommendation, including the introduction of Ordinance No. 08-10. The motion was seconded by Council Member Comerchero and the electronic vote reflected unanimous approval. RAMi n utes1102808 7 CITY MANAGER REPORT No report at this time. CITY ATTORNEY REPORT City Attorney Thorson thanked the City Council for its kind words of recognition and advised that there was no formal action to report. ADJOURNMENT At 8:37 p.m. the City Council meeting was formally adjourned to Tuesday, November 18, 2008, 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. Michael S. Naggar, Mayor ATTEST: Susan Jones, MMC City Clerk [SEAL] RAMi n utes1102808 ITEM NO. 3 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: November 18, 2008 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. 08- 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. 08- 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 $6,073,720.69. 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 18th day of November, 2008. Michael S. Naggar, 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 18th day of November, 2008, 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 10/23/2008 TOTAL CHECK RUN: $ $2,394,429.68 10/30/2008 TOTAL CHECK RUN: $913,526.13 11/06/2008 TOTAL CHECK RUN: $2,252,193.80 10/30/2008 TOTAL PAYROLL RUN: 513,571.08 TOTAL LIST OF DEMANDS FOR 1111812008 COUNCIL MEETING: $6,073,720.69 DISBURSEMENTS BY FUND CHECKS: 001 GENERAL FUND $ 2,980,096.47 165 AFFORDABLE HOUSING 20,712.24 190 TEMECULA COMMUNITY SERVICES DISTRICT 401,960.43 192 TCSD SERVICE LEVEL B 107.18 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 100,294.96 194 TCSD SERVICE LEVEL D 2,564.69 196 TCSD SERVICE LEVEL "L" LAKE PARK MAIM'. 12,299.03 197 TEMECULA LIBRARY FUND 21,478.85 210 CAPITAL IMPROVEMENT PROJECTS FUND 1,826,149.29 280 REDEVELOPMENT AGENCY - CIP PROJECT 14,388.24 300 INSURANCE FUND 1,345.92 310 VEHICLES FUND 30,906.65 320 INFORMATION SYSTEMS 52,583.74 330 SUPPORT SERVICES 17,476.90 340 FACILITIES 26,818.52 390 TCSD DEBT SERVICE 3,850.00 472 CID 01-2 HARVESTON A&B DEBT SERVICE 125.00 477 CID- RORIPAUGH 43,291.00 700 CERBT CALIFORNIA EE RETIREE-GASB45 3,700.50 $5,560,149.61 001 GENERAL FUND $ 331,774.08 165 AFFORDABLE HOUSING 8,743.72 190 TEMECULA COMMUNITY SERVICES DISTRICT 116,358.05 192 TCSD SERVICE LEVEL B 132.28 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 4,982.50 194 TCSD SERVICE LEVEL D 1,220.04 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,436.63 197 TEMECULA LIBRARY FUND 742.26 280 REDEVELOPMENT AGENCY - CIP PROJECT 4,675.06 300 INSURANCE FUND 1,278.04 320 INFORMATION SYSTEMS 29,735.87 330 SUPPORT SERVICES 3,185.81 340 FACILITIES 9,306.74 513,571.08 TOTAL BY FUND: $6,073,720.69 apChkLst 1012312008 3:03:02PM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 127325 10123/2008 012396 ABBOT VASCULAR refund: security dep RRSP 1013 150.00 150.00 127326 10123/2008 008552 ADKINS DESIGN CONSULTING Sept graphic design svc:Theater 1,669.59 1,669.59 127327 10123/2008 009996 AGUILERA, GENE performance:T K Smith 1118108 200.00 200.00 127328 10/23/2008 006915 ALLIE'S PARTY EQUIPMENT Equip Rental:Theater Encore Event 514.71 Equip Rental:Theater Encore Event 514.71 1,029.42 127329 10123/2008 003821 ALLSTAR FIRE EQUIPMENT fire equipment: Stn 73 634.18 634.18 127330 1012312008 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 476.00 DUI & drug screenings: Police 360.00 836.00 127331 10123/2008 000101 APPLE ONE INC temp help ppe 1014: Tuley-Fuson 600.80 temp help ppe 9/13: Ortiz, V 355.00 temp help ppe 9/20: Ortiz, V 386.06 1,341.86 127332 10123/2008 002648 AUTO CLUB OF SOUTHERN Membership: 67481325 JS 47.00 CALIF Membership: 18594333 MH 47.00 94.00 127333 10123/2008 011954 BAKER & TAYLOR INC (6) Book Purchase: Library 93.13 (14) Book Purchase: Library 341.58 434.71 127334 10123/2008 003466 BASKETS & BALLOONS TOO! promotional baskets: Econ Dev 162.75 162.75 127335 1012312008 010328 BEST IMPRESSIONS paper products:MPSC anniv event 873.42 873.42 127336 10123/2008 004040 BIG FOOT GRAPHICS Recycling Stickers: TCSD 565.00 565.00 127337 10123/2008 005665 BLACK'S TOWING auto towing svcs: police 190.00 190.00 127338 10123/2008 012141 C & J SKYLIGHTS Res Imp Prgm: Ybarra, Lisa 510.00 510.00 127339 10123/2008 006908 C C & COMPANY INC entertainment:Harvest Carnival 350.00 350.00 127340 1012312008 003138 CAL MAT PW patch truck materials 741.58 PW patch truck materials 293.12 PW patch truck materials 335.44 PW patch truck materials 412.59 PW patch truck materials 254.13 2,036.86 Page:1 apChkLst Final Check List Page: 2 1012312008 3:03:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127341 10123/2008 005384 CALIF BAGEL BAKERY & DELI refreshments: Fire CERT Trng 575.00 575.00 127342 10123/2008 001054 CALIF BUILDING OFFICIALS CALBO Educ Trn:B&S/Code Enf 3,450.00 3,450.00 127343 10123/2008 011301 CALLAWAY MOTORSPORTS freight vehicle parts: PD 7.00 7.00 127344 10123/2008 004971 CANON FINANCIAL SERVICES, Oct copier Iease:City Facilities 4,744.84 4,744.84 INC 127345 10123/2008 008644 CANTRELL, ROGER, AIA, AICP Sept architectural svcs: Planning 834.00 834.00 127346 10123/2008 000131 CARL WARREN & COMPANY INC Jun-Sept claim adjuster Svcs 645.18 645.18 127347 10123/2008 009640 CERTIFION CORPORATION Sept online dbase subsc: PD 185.80 185.80 127348 10123/2008 012226 CHACON, DANIEL refund: rental fees CRC 150.00 150.00 127349 10123/2008 012394 CHRISTENSEN, JENNIFER refund: All Star Cheer- Kaitlyn 68.00 68.00 127350 10123/2008 004017 COMERCHERO, JEFF Reimb: NLCC Mtg 5114-5117/08 26.89 26.89 127351 10123/2008 002756 COMPLETE EMBROIDERY Temecula Police Logo Flexfit Caps 499.96 499.96 DESIGNS 127352 10123/2008 000442 COMPUTER ALERT SYSTEMS billing adj:alarm/fire monitor Chapel 165.00 elevator/smoke detect test: MF 75.00 Oct alarm/fire monitoring:Citywide 4,260.00 alarm repair: Stn 95 75.00 4,575.00 127353 10123/2008 006303 CONDUIT NETWORKS, INC keyboard extension cable: IS 25.00 D-link wireless access point: IS 70.00 HP Officejet Printer: Police 314.00 409.00 127354 10123/2008 012389 CORNERSTONE BUILDERS refund: fire fees B08-1168 267.44 267.44 127355 10123/2008 001264 COSTCO WHOLESALE refreshments:High Hopes pgrm 113.74 113.74 127356 10123/2008 004329 COSTCO WHOLESALE GROUP supplies:Art Gallery Opening 186.53 186.53 127357 10123/2008 003986 COZAD & FOX INC May-Aug surveying svcs:Diaz Rd 1,000.00 1,000.00 Paget apChkLst Final Check List Page: 3 1012312008 3:03:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127358 10123/2008 010650 CRAFTSMEN PLUMBING & HVAC Plumbing Repair: Stn 73 421.39 INC Appliance Repair: Stn 73 638.41 1,059.80 127359 10123/2008 011870 CRIME SCENE STERI-CLEAN, LLC crime scene hazard cleaning:PD 688.58 688.58 127360 10123/2008 012377 DE LA ROSA, OLIVIA refund: security dep CRC 1014 400.00 400.00 127361 10123/2008 000523 EASTERN MUNICIPAL WATER Sewer conn. fees:O.T.lnfrstr/parking 29,370.70 29,370.70 DIST 127362 10123/2008 000523 EASTERN MUNICIPAL WATER Oct 95366-02 Diego Dr Ldscp 217.63 DIST Oct 190304-02 Seraphina Rd 461.94 679.57 127363 10123/2008 012345 EASY POCKETNAV INC Globalsat Antennas: Fire 446.84 446.84 127364 10123/2008 005115 ENTERPRISE RENT A CAR INC Van Rental: Fire Explorers 430.91 vehicle rental:Summer Day Camp 485.77 916.68 127365 10123/2008 011203 ENVIRONMENTAL CLEANING Sept Janitorial Svcs:Park Restrooms 5,315.00 5,315.00 127366 10123/2008 009953 FEDERAL CLEANING Jul janitorial svcs:PD mall storefront 410.00 CONTRACTORS Aug janitorial svcs:PD mall storefront 410.00 Septjanitorial svcs:PD mall storefront 410.00 Oct janitorial svcs:PD mall storefront 410.00 1,640.00 127367 10123/2008 000165 FEDERAL EXPRESS INC 10110 Express mail svcs:Citywide 674.80 674.80 127368 10123/2008 011922 FIRST AMERICAN CORELOGIC Web database subscr: B&S 12.00 12.00 INC Page:3 apChkLst Final Check List Page: 4 10123/2008 3:03:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid 127369 1012312008 003347 FIRST BANKCARD CENTER CONFERENCE MANAGER.COM RJ Conf call Annexation EIR 19.84 CONFERENCE MANAGER.COM RJ Conf call Mercedes Benz 9.28 CONFERENCE MANAGER.COM RJ Conf call Mercedes Benz 25.85 U S GREEN BUILDING COUNCIL MH Reg:Greenbuild Conf& Expo 700.00 AMAZON.COM, INC MH Book:Leed NC Practice Problems 61.25 AMAZON.COM, INC MH Book for Building & Safety 78.99 MH Finance Charge dispute reversal -0.19 GREEN BUILDING EDUCATION MH Disputed charge reversal -74.90 FRANKLIN COVEY MH Daily planner 39.77 CARROLL, JOSEPH ME Business Portraits 123.91 DORAL DESERT PRINCESS SJ Reservation cancellation -110.88 RESORT PAT & OSCARS RESTAURANT SJ Council Closed session meal 9123 223.64 PAYPAL TT Verisign Payflow Pro Transaction 139.30 EXECUTIVE EVENTS TT Reg: MISAC Conference 525.00 C S N STORES TT Plasma ceiling mount 259.00 BARNES AND NOBLE STORE TT Pro Web 2.0 book: IS Library 48.48 STAPLES BUSINESS TT Misc office supplies: Info Systems 75.39 ADVANTAGE CONSTANT CONTACT INC TT monthly service fee TCSD 75.00 RED LION TT htl:Womens Cf M.Waterman 1213-4 120.18 RED LION TT htl:Womens Cf M.Casey 1213-4 120.18 TEMECULA PIZZA CO. JM refreshments: RDA mtg 9116 40.00 CALIF REDEVELOPMENT ASSN JM Intro to Redev.sem 9124-25 E.Papp 535.00 LEAGUE OF CALIF CITIES SN Reg:09City Mgr Dept Mtg 2104-06 535.00 CONFERENCE MANAGER.COM RJ Conf call Annexation EIR 55.04 CONFERENCE MANAGER.COM RJ Conf call Waterpark 1.60 CONFERENCE MANAGER.COM RJ Conf call Mercedes Benz 6.08 CONFERENCE MANAGER.COM RJ Conf call Annexation EIR 29.12 MACARONI GRILL RJ Rfrshmnts:Pln Comm. mtg 9117108 176.67 Check Total Page-.4 apChkLst Final Check List Page: 5 1012312008 3:03:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total CONFERENCE MANAGER.COM RJ Conf call Mercedes Benz 10.24 CONFERENCE MANAGER.COM RJ Conf call Waterpark 1.44 3,849.28 127370 10123/2008 000170 FRANKLIN QUEST COMPANY INC Calendar refills: Planning 14.61 freight -8.62 5.99 127371 10123/2008 009097 FULL COMPASS SYSTEMS sound equip: Children's Museum 964.21 964.21 127372 10123/2008 011967 FULL VALUE ENTERTAINMENT sttlmnt: Merc Valiant/Rachel Stark 325.50 325.50 127373 1012312008 001937 GALLS INC Uniforms: Police Volunteers 3.00 Uniforms: Police Volunteers 29.74 32.74 127374 10123/2008 012393 GFR TRUST refund: rental CRC 10116 & 10130 334.00 334.00 127375 10123/2008 000177 GLENN IES OFFICE PRODUCTS Office Supplies: Fire 1,281.33 INC Office Supplies: TCC 241.53 Office Supplies: Planning/Code Enf 377.80 1,900.66 127376 10123/2008 004910 GLOBAL EQUIPMENT COMPANY Recycling Containers:Tcsd 505.32 505.32 INC 127377 10123/2008 012391 GOODNOUGH, KIM refund: security dep CRC 9118 150.00 150.00 127378 10123/2008 011445 GRACE PRESBYTERIAN CHURCH refund: security dep RRSP 1015 150.00 150.00 127379 10123/2008 012376 GRADY, ERNEST refund: security dep CRC 10112 150.00 150.00 127380 10123/2008 003792 GRAINGER maint supplies:Harveston Lake 128.88 128.88 127381 10123/2008 000520 H D L COREN & CONE INC 07108 CAFR Report: Finance 495.00 495.00 127382 10123/2008 000186 HANKS HARDWARE INC Hardware supplies: TV Museum 74.63 Hardware supplies: Fire 709.41 Hardware supplies: Fire 1,140.47 1,924.51 127383 1012312008 012082 HELIX ENVIRONMENTAL Oct Environmental Cnslt: Planning 1,440.69 1,440.69 PLANNING 127384 1012312008 012221 HUBB SYSTEMS LLC Data911 mobile data sys:PD 6,122.09 6,122.09 Pagea apChkLst Final Check List Page: 6 1012312008 3:03:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127385 10123/2008 004833 IMPERIAL PAVING COMPANY INC Asphalt Repairs: Diaz/Rncho CA 25,451.00 25,451.00 127386 1012312008 004221 INLAND EMPIRE AFFILIATE OF Sponsorship: Race for the Cure'08 25,000.00 25,000.00 127387 10123/2008 003266 IRON MOUNTAIN OFFSITE Sept tape storage: CC/Record s 504.38 504.38 127388 10123/2008 012387 J G STOUSE CONSTRUCTORS refund: fire fees B0&1242 1,008.59 1,008.59 INC 127389 10123/2008 004908 JIFFY LUBE 1878 vehicle repairlmaint: B&S 43.47 43.47 127390 10123/2008 004813 JOLLY JUMPS entertainment:Harvest Carnival 665.00 Entertainment: Old Town 7118 195.00 860.00 127391 10123/2008 012271 JONES, MYRA refund: security dep Pala Pk 1015 150.00 150.00 127392 10123/2008 000820 K R W & ASSOCIATES Aug/Sept eng plan ck svcs:PW 1,980.00 1,980.00 127393 10123/2008 001091 KEYSER MARSTON ASSOCIATES Aug cnslt svcs: RDA Housing 4,582.50 INC Sept cnslt svcs: RDA Housing 2,865.35 Aug cnslt svcs: Civic Ctr 406.25 Sept cnslt svcs: Civic Ctr 888.13 8,742.23 127394 10123/2008 009336 KOPIE SHOP LLC printing svcs: Theater 237.05 printing svcs: Theater 275.68 512.73 127395 10123/2008 008715 KRAMER FIRM INC Oct cnslt svcs: Planning 6,000.00 6,000.00 127396 10123/2008 011022 LATITUDE GEOGRAPHICS Software Tech Support: GIS 3,290.00 3,290.00 GROUP LTD 127397 10123/2008 009388 LETS GET PERSONAL Uniforms: B&S 40.50 40.50 127398 10123/2008 012379 LIQUID ENERGYVENTURES LLC refreshments:Teen Dance 9119 150.00 150.00 127399 10123/2008 003782 MAIN STREET SIGNS Misc. street signs:pw maint div 3,480.86 Misc. street signs/hardware:pwmaint div 1,792.42 Misc. street signs/hardware:pwmaint div 1,409.15 Misc. street signs:pw maint div 2,154.46 8,836.89 Page6 apChkLst 1012312008 3:03:02PM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127400 10123/2008 004141 MAINTEX INC Custodial Supplies: library 342.04 Custodial Supplies: theater 342.04 Custodial Supplies: tcc 256.53 Custodial Supplies: crc 427.55 Custodial Supplies: crc 89.52 1,457.68 127401 10123/2008 012374 MALIK, SHAMIM HUMHAMMAD refund: prkg cite ovr pmt 64446 45.00 45.00 127402 10123/2008 006787 MANN, SILVA refund:sec.depositlcrc 9127108 150.00 150.00 127403 10123/2008 004307 MARINE BIOCHEMISTS Oct water maint srvcs Harv/Duck Pond 4,855.00 4,855.00 127404 10123/2008 012378 MERCER CONSTRUCTION refund:eng deposit/41273 marg. rd. 995.00 995.00 127405 10123/2008 004894 MICHAEL BRANDMAN 3129-9126108 Eng srvcs:pech.pkwy II 96.00 96.00 ASSOCIATES 127406 10123/2008 011440 MILLMORE'S WAX CREW City vehicle detailing srvcs:Planning 90.00 90.00 127407 10123/2008 001384 MINUTEMAN PRESS Stationery: Planning Dept 23.32 Stationery: PW Dept 320.89 344.21 127408 10123/2008 012384 MIRANDA, JENNIFER refund:picnic shltr rrsp 10/12/08 55.00 55.00 127409 10123/2008 004586 MOORE FENCE COMPANY Fence repair:pechangaltrottsdale 798.43 798.43 127410 10123/2008 012397 MYRIAD CONSTRUCTION CO. refund:bldg permit fee/32425 Campo Dr 86.22 86.22 127411 10123/2008 002925 NAPA AUTO PARTS Auto parts & misc supplies: Medics 76.56 Auto parts & misc supplies: stn 84 29.00 Auto parts & misc supplies: stn 84 45.22 150.78 127412 10123/2008 005006 NBS GOVERNMENT FINANCE cont.disclosure report fee:CFD 01-2 125.00 125.00 GROUP 127413 10123/2008 012392 NELSON, SHANNON refund:sec.depositlmpsc 1014108 400.00 400.00 127414 10123/2008 002139 NORTH COUNTY TIMES Sep advertising: tcsd events 1,324.14 1,324.14 127415 10123/2008 006721 OFFICEMAX INCORPORATED misc office supplies:finance 2.55 2.55 Page:? apChkLst Final Check List Page: 8 1012312008 3:03:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127416 10123/2008 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 1,042.62 1,042.62 127417 10123/2008 001171 ORIENTAL TRADING COMPANY Misc supplies:mpsc 199.90 INC Misc supplies:crc teen room 282.35 Misc supplies: tiny tot pgrm 79.37 561.62 127418 10123/2008 010869 PELLE, JESSICA refund:sec.depositlcrc 1015108 150.00 150.00 127419 10123/2008 012263 PETROGEN INC cutting torch: fs 73 2,934.07 2,934.07 127420 10123/2008 000249 PETTY CASH Petty Cash Reimbursement 362.67 362.67 127421 10123/2008 012354 PIZZA 'N' MORE INC rfrshmnts:rod run volunteers 10111 193.95 193.95 127422 10123/2008 010338 POOL & ELECTRICAL PRODUCTS pool supplies & chemicals: aquatics 137.27 137.27 INC 127423 10123/2008 000262 RANCHO CALIF WATER DISTRICT Sep Various Water Meters 19,666.54 Sep 01-06-99000-14 Pujol St 7.55 Oct Various Water Meters 393.09 Oct Various Water Meters 388.61 20,455.79 127424 10123/2008 002654 RANCHO FORD LINCOLN Vehicle Purchase:Police 22,186.93 22,186.93 MERCURY 127425 10123/2008 000907 RANCHO TEMECULA CAR WASH Sep City veh. detailing srvcs:Var.Depts 210.00 210.00 127426 10123/2008 012390 RATHBURN, LAURA refund:'Thomas and Friends" book return 19.99 19.99 127427 10123/2008 003742 REHAB FINANCIAL Sep Rda Loan Servicer 8.00 8.00 CORPORATION 127428 1012312008 002110 RENTAL SERVICE Equip rental: pw maint div 19.87 CORPORATION Equip rental: pw maint div 55.67 Equip rental: pw maint div 62.03 Equip rental: pw maint div 76.51 214.08 127429 10123/2008 012388 RESH INC refund: sec. deposit/crc 09120/08 150.00 150.00 127430 10123/2008 012148 RICHARDSON TECHNOLOGIES install new hvac drain line: city hall 541.59 INC HVAC repair & maint:mpsc 302.00 HVAC repair & maint: city hall 1,071.00 1,914.59 Page:B apChkLst 1012312008 3:03:02PM Final Check List CITY OF TEMECULA Page: 9 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127431 10123/2008 000353 RIVERSIDE CO AUDITOR Jul'08 prkg citation assessments 11,877.13 11,877.13 127432 10123/2008 001592 RIVERSIDE CO INFO Sep radio rental & maint:policelprk 1,555.12 TECHNOLOGY Aug radio rental & maint:pclice/prk 1,556.82 3,111.94 127433 10123/2008 000406 RIVERSIDE CO SHERIFFS DEPT 9114108 Annual FIT 5110K run-walk 482.37 8130108 Temecula On-stage ptrl svcs 604.63 07/17108-08/13108: law enforcement 1,257,852.02 1,258,939.02 127434 10123/2008 012395 ROEL CONSTRUCTION refund:permit fee/40705 A-5 Wnchstr Rd 584.06 584.06 127435 10123/2008 008739 ROSE CITY LABEL Promo items:history museum 222.48 222.48 127436 10123/2008 012386 ROSE, APRYL refund: sec. deposit/rental CRC 10/11 445.00 445.00 127437 10123/2008 010759 S P M A, SOUTHERN PACIFIC '09 agency membership dues 40.00 40.00 127438 10123/2008 006692 SAM'S CLUB purchase 2 6' tables:Fire Prev 105.28 105.28 127439 10123/2008 001500 SAN DIEGO REGIONAL TRAIN SprvrsAcad:10129108-3/5/09 T.W./L.S. 1,450.00 1,450.00 CTR 127440 10123/2008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 10/16108 189.00 189.00 127441 10123/2008 009746 SIGNS BY TOMORROW Spcl event signs and banners:tcsd 13.71 13.71 127442 10123/2008 000645 SMART & FINAL INC Misc supplies:mpsc 226.78 rfrshmnts:rod run volunteers 10111 286.96 Misc supplies:childrens museum 102.28 616.02 127443 10123/2008 000537 SO CALIF EDISON Oct 2-28-331-4847 Pauba Rd 131.37 Oct 2-27-560-0625 Deerhollow Way 4,432.74 Oct 2-28-397-1315 Redhawk Pkwy 16.39 Oct 2-30-296-9522 Rancho Vista Rd 1,259.03 Oct 2-26-887-0789 various mtrs 2,002.17 Oct 2-00-397-5059 various mtrs 10,342.99 Oct 2-28-171-2620 Police Mall Stn 552.16 Oct 2-30-099-3847 Ryecrest 81.61 18,818.46 127444 10123/2008 001212 SO CALIF GAS COMPANY Oct 055 475 6169 5 PBSP 183.38 Oct 015 575 0195 2 fs 92 115.31 298.69 Page9 apChkLst 1012312008 3:03:02PM Final Check List CITY OF TEMECULA Page: 10 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127445 10123/2008 000519 SOUTH COUNTY PEST CONTROL pest control srvcs:fs 92 42.00 INC pest control srvcs:harveston Ik pk 918 94.00 pest control srvcs:Harveston Park 1018 84.00 pest control srvcs:Redhawk Park 10/7 94.00 314.00 127446 10123/2008 004163 SPORTS CHALET Misc supplies:sports pgrm 2,447.96 2,447.96 127447 10123/2008 000293 STADIUM PIZZA INC rfrshmnts:fam fun night 10110 832.57 rFrshmnts:Team PACE event 8121 181.87 1,014.44 127448 10123/2008 002015 STAR WAY PRODUCTIONS repr damaged speaker cable: old town 1,391.00 1,391.00 127449 10123/2008 002366 STEAM SUPERIOR CARPET Carpet cleaning srvcs:stn 73 225.00 225.00 CLEANING 127450 10123/2008 008164 SUN CITY GRANITE INC engraved pavers: veterans memorial 16,485.75 16,485.75 127451 1012312008 012383 T & T MARKETING LLC refund:bus.license home occupation fee 20.00 20.00 127452 10123/2008 000305 TARGET BANK BUS CARD SRVCS Misc supplies:harvest carnival 79.60 Misc supplies:theater 57.08 Misc rec supplies:tiny tots pgrm 148.80 Misc supplies:mpsc 117.74 Misc supplies:mpsc 64.64 rFrshmnts:rod run event 10110-11 81.91 549.77 127453 10123/2008 009500 TEMEC ELECTRONICS, INC Sep elec.supplies:pw/tcsdli.s. 467.12 467.12 127454 10123/2008 012400 TEMECULA AUTISM ASPERGER Council community service funding 200.00 200.00 GROUP 127455 10123/2008 010679 TEMECULA AUTO City vehicle maint:IS/City Clerk van 62.40 REPAIR/RADIATOR City veh repair & maint:fire prevention 543.36 605.76 127456 10123/2008 000168 TEMECULA FLOWER CORRAL Sep Sunshine Fund 478.25 478.25 127457 10123/2008 011736 TEMECULA TROPHY INC recognition plaques & awards:csd 226.28 Commission Recogn: Council 543.06 769.34 127458 10123/2008 010046 TEMECULA VALLEY Aug '08 Bus. Imprv District Asmnts 49,441.33 49,441.33 CONVENTION & 127459 10123/2008 009194 TEMECULA VALLEY NEWS Sep-Oct advertising:film 1,074.00 1,074.00 Page:10 apChkLst Final Check List 1012312008 3:03:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 127460 10123/2008 012399 TIMBERWOLFF CONSTRUCTION refund:permit fees/40758 A Wnchstr Rd 127461 1012312008 012385 TING, CHERRYL refund:"1984"/book return-Library 127462 10123/2008 000978 TIP OF SW RIVERSIDE COUNTY 07108 3rd Qtr Emerg. Resp. Vol. Prgm INC 07108 4th Qtr Emerg. Resp. Vol. Prgm 127463 10123/2008 012000 TRANSAMERICAN AUTO PART Veh Repair & Maint:Fire Prevention CO LLC 127464 10123/2008 012344 TRANSPORTATION CONCEPTS Shuttle bus senAce:rod run 10111 127465 10123/2008 012398 TROY ALARM refund:inspection fees/40705 Wnchstr 127466 10123/2008 010276 TW TELECOM Oct high speed internet Fire stn 92 127467 10123/2008 004981 UNISOURCE SCREENING & 1011-15108 bkgmd screening srvcs:hr 127468 10123/2008 008558 VALLEY OF THE MIST QUILTERS refund:sec.deposit/CRC 1013108 127469 10123/2008 004261 VERIZON 127470 10123/2008 004789 VERIZON ONLINE 127471 10123/2008 012219 VIERLING, MARIKA 127472 10123/2008 009101 VISION ONE INC Oct xxx-0682 Civic Center Camera Oct xxx-6812 General usage Oct xxx-2372 WIf Crk Irrg Cntrl Oct xxx-3143 PD Overland Office Oct xxx-4723 Police Storefront Oct xxx-8573 general usage Oct xxx-5473 Moraga Rd Oct xxx-3564 alarm Oct xxx-6084 general usage Oct xxx-0073 general usage Oct xxx-7562 irrigation controller Oct xxx-0714 PD Mall Alarm Oct xxx-0074 general usage Internet svcs/EOC backup @ stn 84 Oct internet srvcs:PD DSL trolley srvcs:Hot Smr Nights 8122 & 8129 Aug ticketing software license:theater Jul ticketing software license:theater Sep ticketing software Iicense:theater Amount Paid 696.72 7.95 2,442.00 2,442.00 2,068.78 4,464.00 475.00 44.95 218.00 150.00 91.79 87.94 33.90 40.74 34.98 33.90 33.98 67.81 32.87 255.77 35.84 35.84 292.17 439.95 39.95 500.00 1,787.40 2,226.80 1,398.40 Page: 11 Check Total 696.72 7.95 4,884.00 2,068.78 4,464.00 475.00 44.95 218.00 150.00 1,077.53 479.90 500.00 5,412.60 Page:11 apChkLst Final Check List Page: 12 1012312008 3:03:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127473 10123/2008 001890 VORTEX DOORS bay door repair: stn 73 350.30 350.30 127474 10123/2008 003730 WEST COAST ARBORISTS INC 9116-30108 tree trimming srvcs:citywide 12,369.00 12,369.00 127475 10123/2008 000621 WESTERN RIVERSIDE COUNCIL Sep'08 TUM F Payment 718,654.60 718,654.60 OF 127476 10123/2008 008402 WESTERN RIVERSIDE COUNTY Sep '08 MSHCP payment 546.00 546.00 127477 10123/2008 000341 WILLDAN ASSOCIATES INC Aug eng srvcs:pave mgmt pgrm 30,399.18 30,39918 127478 10123/2008 000230 WILLDAN FINANCIAL SERVICES Oct-Dec'08 Assessment Eng:Tcsd 6,118.09 6,118.09 127479 10123/2008 003776 ZOLL MEDICAL CORPORATION credit:Freight charges/Paramedics -74.29 medical supplies: paramedics 426.63 medical supplies: paramedics 363.66 medical supplies: paramedics 17.18 733.18 Grand total for UNION BANK OF CALIFORNIA: 2,394,429.68 Page:12 apChkLst Final Check List Page: 13 10123(2008 3:03:02PM CITY OF TEMECULA 155 checks in this report. Grand Total All Checks: 2,394,429.68 Page:13 apChkLst Final Check List Page: 1 1013012008 9:28:1 6AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1143 10128/2008 000444 INSTATAX (EDD) 3rd Qtr Unemp & Training Tax 10,867.41 10,867.41 1144 10/3012008 000444 INSTATAX (EDD) State Disability Ins Payment 24,767.17 24,767.17 1145 10130/2008 000283 INSTATAX(IRS) Federal Income Taxes Payment 96,140.59 96,140.59 1146 10/30/2008 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 3,975.12 3,975.12 SOLUTION 1147 10130/2008 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 129,351.18 129,351.18 RETIREMENT) 127480 10130/2008 001700 A PLUS TEACHING MATERIALS misc supplies: Tiny Tots Pgrm 11.83 recreation supplies:Tiny Tot Pgrm 199.34 211.17 127481 10130/2008 008552 ADKINS DESIGN CONSULTING graphic design svcs:Cultural Arts 1,636.66 1,636.66 127482 1013012008 004952 AFFIRMED HOUSING PARTNERS refund:eng dep:TTM30604181182 995.00 refund:eng dep:TTM30604181182 995.00 1,990.00 127483 10130/2008 000101 APPLE ONE INC temp help ppe 10111:Wilson, L 1,220.15 temp help ppe 10104:Wilson, L 1,365.20 2,585.35 127484 10130/2008 012414 APPLIED STATISTICS & MGMNT fire fee:31515 Rancho Pueblo #205 424.21 424.21 INC 127485 1013012008 003203 ARTISTIC EMBROIDERY emp recognition: Simpson, J 95.04 95.04 127486 10130/2008 002648 AUTO CLUB OF SOUTHERN Membership: 05959813 MT 47.00 47.00 CALIF 127487 10130/2008 004757 AUTO MALL COLLISION CENTER painting svcs: PD vehicle 1,356.20 1,356.20 127488 10130/2008 004040 BIG FOOT GRAPHICS Entertain ment:Harvest Carnival 300.00 300.00 127489 10130/2008 012290 BOGGS, LESLIE REAGAN Perform ance:Theater 11/14108 1,500.00 1,500.00 127490 10130/2008 008605 BONTERRA CONSULTING mitigation svcs:RRSP Desilt Basin 1,472.00 1,472.00 127491 10130/2008 012287 BORDEAUX PRINTERS INC Printing srvcs:Cultural Arts Prgm 1,420.22 1,420.22 Page:1 apChkLst Final Check List Page: 2 1013012008 9:28:1 6AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127492 10130/2008 009626 BOTTORFF, KATHLEEN Employee Computer Loan Pgrm 655.11 655.11 127493 10130/2008 010576 BOYS & GIRLS CLUB OF Booth Operator:Harvest Carnival 150.00 150.00 127494 10130/2008 009437 BRENNER FIELDER &ASSOC, vacuum compressr pump:H.Park 857.10 857.10 INC 127495 10130/2008 004176 BROADWING Oct Long distance & internet svcs 741.00 741.00 TELECOMMUNICATIONS 127496 10/30/2008 000128 BROWN & BROWN OF CALIF INC Sep WIC policy HACRUB90551-51208 80,810.00 80,810.00 127497 1013012008 003138 CAL MAT PW patch truck materials 249.15 PW patch truck materials 246.66 PW patch truck materials 258.28 PW patch truck materials 246.66 1,000.75 127498 10/30/2008 007794 CAL-PASEO DEL SOL, LLC refund:eng dep:TM24188-2 Lot 119 995.00 995.00 127499 10130/2008 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Order# 94P6594 159.69 159.69 127500 10/30/2008 000638 CALIF DEPT OF CONSERVATION 2008 3rd Qtr pmt:Strong Motion 12,307.09 12,307.09 127501 10130/2008 004248 CALIF DEPT OF JUSTICE- Sept fingerprinting fees:PD/HR 3,421.00 3,421.00 ACCTING 127502 10130/2008 000790 CALIF DEPT OF PESTICIDE Pest Applctors Cert:Harrington, K 60.00 60.00 127503 10130/2008 000152 CALIF PARKS & RECREATION CPRS award submittal: Single Focus Birch 45.00 45.00 SOC 127504 10130/2008 000152 CALIF PARKS & RECREATION CPRS award submittal:Sngl Focus Birch 45.00 45.00 SOC 127505 10130/2008 000152 CALIF PARKS & RECREATION CPRS award submittal: Recreation Birch 45.00 45.00 SOC 127506 10130/2008 000152 CALIF PARKS & RECREATION CPRS award submittal:Comm Svc Expo 45.00 45.00 SOC 127507 10130/2008 000152 CALIF PARKS & RECREATION CPRS award submittal:Yth Media Arts 45.00 45.00 SOC Paget apChkLst Final Check List Page: 3 1013012008 9:28:1 6AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127508 10130/2008 000152 CALIF PARKS & RECREATION CPRS award submittal:Wolf Crk Park 45.00 45.00 SOC 127509 10130/2008 000152 CALIF PARKS & RECREATION CPRS award submittal:Arts Connection 45.00 45.00 SOC 127510 10130/2008 006114 CASEY, MARGIE Reimb: Digital Camera-Library 172.39 172.39 127511 10130/2008 001249 CENTRE FOR ORG Mgmnt academy 9117:Fisk, S 1,950.00 1,950.00 EFFECTIVENESS 127512 10130/2008 003775 CHAPARRAL HIGH SCHOOL Donation: In Memory-Ray Windsor 75.00 75.00 127513 10130/2008 004837 CHERRY VALLEY FEED & PET K-9 food & supplies: Police 159.43 159.43 SUPLY 127514 10130/2008 012413 COLORADO WEST fire fee: 26419 Ynez Rd 633.07 633.07 CONSTRUCTION 127515 10130/2008 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 98.00 98.00 127516 10130/2008 002945 CONSOLIDATED ELECTRICAL Electrical Supplies: TCSD Parks 207.10 207.10 DIST. 127517 10130/2008 012410 CORNEJO, REBECCA refund: rental fees CRC 2114109 769.00 769.00 127518 10130/2008 003986 COZAD & FOX INC Sept-Oct eng svcs:Frch Vly Pkwy 4,800.00 4,800.00 127519 10130/2008 010650 CRAFTSMEN PLUMBING & HVAC Plumbing Svcs: PBSP 140.00 INC Plumbing Svcs: CRC Kitchen 148.00 288.00 127520 10130/2008 012405 CVF SUPPLY COMPANY INC Heavy Duty Truck Tire Gauge: PD 18.04 18.04 127521 10130/2008 004123 D L PHARES & ASSOCIATES Nov lease pmt: PD Old Town 2,681.52 2,681.52 127522 10130/2008 001393 DATA TICKET INC Sept parking citations: Police 2,915.33 2,915.33 127523 10130/2008 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 735.00 TCSD instructor earnings 577.50 1,312.50 127524 10130/2008 012412 DIGANCI, MICHAEL refund: teen excursion Michaela 32.00 32.00 Page3 apChkLst Final Check List Page: 4 1013012008 9:28:1 6AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127525 10130/2008 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: Police 78.47 INC Fuel for City vehicles: CCIIS 34.31 Fuel for City vehicles: B&S 465.57 Fuel for City vehicles: Code Enf/Pln 564.58 Fuel for City vehicles: TCSD 2,645.77 Fuel for City vehicles: PW Traffic 202.52 Fuel for City vehicles: PW Maint 1,915.22 Fuel for City vehicles: PW Lnd Dv 595.06 Fuel for City vehicles: PW CIP 252.62 6,754.12 127526 10/30/2008 009286 ENTERPRISE GROUP Recycled supplies: Central Svcs 3,676.97 3,676.97 127527 10130/2008 011292 ENVIRONMENTAL SCIENCE Aug EIR secs: Water Park 3,060.00 ASSOC. May EIR Svcs: Water Park 24,810.21 Aug EIR Svcs: Santa Margarita 26,588.98 Jul EIR secs: Water Park 15,344.81 Jun EIR svcs: Water Park 45,581.75 115,385.75 127528 10130/2008 001056 EXCEL LANDSCAPE mainline rprs:Winchester Creek 298.23 mainlne rprs:Saddiwood Pavillion 615.08 irrigation rprs:Rancho Highlands 172.93 mainline rprs:Pavillion Pointe 302.92 mainline rprs:Tradewinds 152.13 mainline rprs:Crowne Hill 292.48 mainline rprs:Vail Ranch Pkwy 625.29 mainline rprs:Harveston 68.74 mainline rprs:Rancho Highlands 247.55 valve repairs:Vail Ranch Pkwy 128.26 mainline rprs:Wolf Creek 182.62 valve repairs:The Villages 173.03 mainline rprs:Rancho Highlands 233.18 mainline rprs:Presley 95.00 irrigation repairs:The Villages 140.98 irrigation repairs:The Villages 172.08 mainline rprs:Wnchester Creek 138.39 mainline rprs:Pavillion Point 272.64 valve repairs:Vail Ranch Pkwy 184.43 4,495.96 127529 10130/2008 001701 EXCEL RENTAL CENTER Equip Rental: Code Enforcement 547.34 547.34 127530 10130/2008 003174 FIREHOUSE MAGAZINE Fire magazine subscription: GP 29.95 29.95 127531 10130/2008 000166 FIRST AMERICAN TITLE Lot book rpt:27503 Dandelion Ct 75.00 75.00 COM PANY Page-.4 apChkLst 1013012008 9:28:16AM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127532 10130/2008 003281 FOREMOST PROMOTIONS crime prevention supplies: PD 6,720.05 6,720.05 127533 10130/2008 010493 FOREST CITY COMMERCIAL Nov lease pmts: PD Mall Storefront 1,458.33 1,458.33 MGMT 127534 10/30/2008 007866 G C S SUPPLIES INC toner cartridges: Info Sys 757.07 toner cartridges: Info Sys 2,468.04 3,225.11 127535 10130/2008 010028 G M BUSINESS INTERIORS Ergonomic Desk Equip:PW Admin 2,004.83 REMODEL & FURNITURE FOC: HR 489.27 2,494.10 127536 10130/2008 004910 GLOBAL EQUIPMENT COMPANY Recycling Containers: TCSD 440.93 440.93 INC 127537 10130/2008 009608 GOLDEN VALLEY MUSIC sttlmnt: Mere 10119&10/26 378.00 378.00 SOCIETY 127538 10130/2008 004053 HABITAT WEST INC weed abatement:Lng Cyn Basin 3,275.00 3,275.00 127539 10130/2008 005831 HADJI'S FAMILYTRUST refund: security dep CRC 10117 150.00 150.00 127540 10130/2008 004188 HARRIS & ASSOCIATES Sept eng design svcs: PW CIP 497.00 497.00 127541 10130/2008 001135 HEALTH POINTE MEDICAL pre-employment physicals: HR 85.00 GROUP INC Emp industrial care svcs: HR 257.84 342.84 127542 10/30/2008 011924 HIGH DEFINITION PRINTING Posters:Tem ecula Yth Film Fest 168.81 168.81 127543 10130/2008 005748 HODSON, CHERYL A. Support Payment 13.81 13.81 127544 10130/2008 004217 HYDRO TEK COMPANY graffiti removal supplies:PW Maint 169.96 169.96 127545 10130/2008 004406 IGOE & COMPANY INC Oct flex benefit plan pmt 382.50 382.50 127546 10130/2008 001573 INLAND EMPIRE FILM 07108 IEFC funding: Economic Dev 5,000.00 5,000.00 COMMISSION 127547 10130/2008 006914 INNOVATIVE DOCUMENT Sept copier maintlusage:Library 1,495.11 1,495.11 SOLUTIONS 127548 1013012008 012418 INTL ORDER OF JOBS Booth Operator:Harvest Carnival 150.00 150.00 DAUGHTERS Pagea apChkLst 1013012008 9:28:16AM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127549 10130/2008 010412 JOHNSON POWER SYSTEMS Generator Maintenance: Stn 73 250.00 Generator Maintenance: FOG 250.00 Generator Maintenance: CRC 250.00 Generator Maintenance: CH 250.00 Generator Maintenance: Stn 84 250.00 Generator Maintenance: Stn 92 250.00 1,500.00 127550 10130/2008 006750 KB HOME COASTAL, INC. refund:eng dep:TM23143-7 lots65-67 995.00 995.00 127551 10130/2008 002424 KELLEY DISPLAY INC Holiday Banner Maint:Econ Dev 442.16 442.16 127552 10130/2008 012416 KELLEY, KELLEY Reimb: Partial Travel Exp Interviews 500.00 500.00 127553 10130/2008 010120 L G C INLAND INC geotech svcs:Habitat for Humanity 750.00 750.00 127554 10/30/2008 012408 LAMBERT, CARRIE refund: Beginner Baseball Collan 30.00 30.00 127555 10130/2008 012065 LANCE, SOLL & LUNGHARD LLC City Audit Svcs: FY 07108 1,750.00 City Audit Svcs: FY 07108 2,000.00 3,750.00 127556 10130/2008 009388 LETS GET PERSONAL Uniforms: B&S 294.94 294.94 127557 10130/2008 003726 LIFE ASSIST INC medical supplies: Paramedics 1,024.27 1,024.27 127558 10130/2008 004087 LOWES INC vacuum & supplies: Stn 73 624.93 624.93 127559 10130/2008 003782 MAIN STREET SIGNS misc. street signs:pw maint 48.49 48.49 127560 10/30/2008 004141 MAINTEX INC custodial equip maintlrepair:crc 165.00 custodial supplies: crc 20.95 185.95 127561 10130/2008 001967 MANPOWER TEMPORARY temp help wle 09121 VAISBIJD/SHIAP 858.24 858.24 SERVICES 127562 10130/2008 012244 MATHEWS MACHINERY, INC. Asphalt roller repair/parts pw maint 1,284.35 1,284.35 127563 10130/2008 012235 MCHALE, KIMBERLY refund:basics of digital photography 92.00 92.00 Page6 apChkLst 1013012008 9:28:16AM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 127564 10/3012008 007210 MIDORI GARDENS 127565 10130/2008 011440 MILLMORE'S WAX CREW 127566 10130/2008 001384 MINUTEMAN PRESS Final Check List CITY OF TEMECULA (Continued) Description irrigation repairs:Vail Ranch Park 7115 irrigation repairs:John Magee Park 711 irrigation repairs:Vail Ranch Park 7f7 irrigation repairs:Veterans Park 719 irrigation repairs: Riverton Park 814 irrigation repairs: Duck Pond Park 8/1 irrigation repairs:Redhawk Park 8116 Sep Idscp srvcs:Parks retroft wtrline@bcklow:Crowne Hill Pk City vehicle detailing srvcs:PW Depts Business cards: D. Crisp Business cards: S. Nelson Business cards: Lt. M. Judge Bus.cards: S.Cammarota/B.Gutierrez Business cards: H. Schrader 127567 10130/2008 000973 MIRACLE RECREATION Qty 4 6' Tables: Parks EQUIPMENT 127568 10130/2008 004534 MOBILE SATELLITE VENTURES Oct EOC Stn Satellite Phone Svcs LP 127569 10/30/2008 002257 MOST DEPENDABLE FOUNTAINS field misting stations: pbhsp 127570 10130/2008 001986 MUZAK-SOUTHERN CALIFORNIA Nov "on hold" phone music: City Hall 127571 10/30/2008 005006 NBS GOVERNMENT FINANCE Revenue reimb srvcs:finance GROUP 127572 10130/2008 008820 NEIGHBORS NEWSPAPER Oct advertising:haunted old town Sep advertising:quilt show in old town 127573 10/3012008 012411 NGUYEN, QUYEN refund:return lost library materials 127574 10130/2008 002898 NIXON EGLI EQUIPMENT COMPANY 127575 10130/2008 002139 NORTH COUNTY TIMES 127576 10/30/2008 002292 OASIS VENDING City veh repair & maint:pw maint equip repair & maint:pw maint 11x//08-11/6/09 subscr:Theater 98235 coffee/kitchen supplies:FOC coffeelkitchen supplies:City Hall coffeelkitchen supplies:West Wing Amount Paid 186.27 455.45 237.19 281.01 205.29 228.60 333.31 70,105.00 1,397.27 75.00 44.95 83.46 116.96 161.91 116.96 3,942.74 72.96 430.23 61.46 5,250.00 250.00 250.00 28.99 590.27 1,957.72 126.00 60.32 624.68 90.48 Page: 7 Check Total 73,429.39 75.00 524.24 3,942.74 72.96 430.23 61.46 5,250.00 500.00 28.99 2,547.99 126.00 775.48 Page.-7 apChkLst 1013012008 9:28:16AM Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127577 10130/2008 006721 OFFICEMAX INCORPORATED misc office supplies:finance 124.83 124.83 127578 10130/2008 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:B&S Dept 55.00 City Vehicle Maint Svcs:B&S Dept 55.00 City Vehicle Maint Svcs:B&S Dept 55.00 City Vehicle Maint Svcs:B&S Dept 102.69 City Vehicle Maint Svcs:B&S Dept 55.00 City Vehicle Maint Svcs:B&S Dept 50.00 445.23 127579 10130/2008 001171 ORIENTAL TRADING COMPANY misc supplies:mpsc 414.73 414.73 INC 127580 10/30/2008 003663 PECHANGA BAND OF LUISENO Sep tribal monitoring:civic center prjt 8,150.00 8,150.00 127581 10130/2008 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 127582 10130/2008 000249 PETTY CASH Petty Cash Reimbursement 294.39 294.39 127583 10130/2008 000254 PRESS ENTERPRISE COMPANY Sep advertising: F.I.T. Pgrm & 9111 1,214.42 1,214.42 INC 127584 10130/2008 012420 PROMENADE MEDICAL GROUP refund:eng dep:PM30012 Parcel 2 995.00 995.00 DEV. 127585 10130/2008 009606 PUBLIC RESOURCE MGMT Financial consulting srvcs:finance 4,409.00 4,409.00 GROUP LLC 127586 10130/2008 011706 QUINN, AMY TCSD Instructor Earnings 98.00 98.00 127587 10130/2008 004029 R J M DESIGN GROUP INC Sep dsgn:redhawk parks improvment 4,560.20 4,560.20 127588 10130/2008 002072 RANCHO CALIF WATER DIST- Inspection Deposit-Murrieta Creek 1,750.00 1,750.00 FEES 127589 1013012008 000262 RANCHO CALIF WATER DISTRIC T Oct 01-02-98000-0 Fire Stn 84 15.11 Oct 01-02-98010-0 Fire Stn 84 438.10 Oct 01-04.10033-2 Margarita Rd 57.08 Oct Various Water Meters 19,539.83 20,050.12 127590 10130/2008 004584 REGENCY LIGHTING elect.supplies/prkg lamps:prksltcclw.w. 1,083.05 electrical supplies: history museum 162.92 1,245.97 Page:B apChkLst Final Check List Page: 9 1013012008 9:28:1 6AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127591 10130/2008 003591 RENES COMMERCIAL Citywide weed abatement:pw maint 12,444.00 MANAGEMENT Citywide weed abatement:pw m aint 9,750.00 22,194.00 127592 10130/2008 002412 RICHARDS WATSON & GERSHON Aug 2008 legal services 136,640.36 136,640.36 127593 10130/2008 012406 RICHARDS, RACHEL refund:Monologues for Young Actors 100.00 100.00 127594 10/30/2008 012148 RICHARDSON TECHNOLOGIES replace fan blade: mpsc 500.00 500.00 INC 127595 10130/2008 010917 RICHARDSON, PATRICK ee computer purchase program 1,939.49 1,939.49 127596 10/30/2008 008928 RIGEL PRODUCTS & SERVICE misc traffic signs:pw maint div 10.78 10.78 127597 10130/2008 000266 RIGHTWAY portable toilets:rod run event 10110 263.88 263.88 127598 10130/2008 000418 RIVERSIDE CO CLERK & ntc/exempt fee:DePortola Pvmnt Rhab 64.00 64.00 RECORDER 127599 10130/2008 000406 RIVERSIDE CO SHERIFFS DEPT reimb:VICR fee/sW08249061 89.00 89.00 127600 10130/2008 011101 RIVERSIDE LAND Sept Consulting Srvcs:Open Space 2,062.50 2,062.50 CONSERVANCY 127601 10130/2008 000815 ROWLEY, CATHY TCSD Instructor Earnings 252.00 TCSD Instructor Earnings 756.00 TCSD Instructor Earnings 378.00 TCSD Instructor Earnings 126.00 TCSD Instructor Earnings 315.00 TCSD Instructor Earnings 567.00 2,394.00 127602 1013012008 009196 SACRAMENTO THEATRICAL misc lighting supplies:theater 231.78 LIGHTING misc lighting supplies:theater 255.66 487.44 127603 10130/2008 012417 SALAZAR, RICARDO refund:VICR fee/SW08249061 28.00 28.00 127604 10/30/2008 009980 SANBORN, GWYN Country @ the Merc 10125108 229.50 Country @ the Merc 10/18108 253.50 483.00 127605 10130/2008 012409 SHEALY, SUSAN refund:"The Secret Santa Mystery" 13.96 13.96 127606 10130/2008 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment LO File # 08-59437 787.41 787.41 Page9 apChkLst Final Check List Page: 10 1013012008 9:28:1 6AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127607 10130/2008 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment LO File # 2008-058526 278.34 278.34 127608 1013012008 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment LO File # 2007052618 100.00 100.00 127609 10130/2008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 10123108 509.60 509.60 127610 10130/2008 004814 SIMON WONG ENGINEERING INC Sep Dsgn Srvcs:Main Str Brdg/Murr Crk 3,939.82 3,939.82 127611 10130/2008 000645 SMART & FINAL INC misc supplies:mpsc 137.72 misc supplies:high hopes pgrm 67.12 misc supplies:harvest carnival event 33.89 238.73 127612 10130/2008 000537 SO CALIF EDISON Oct 2-29-224-0173 Fire Stn 2,451.63 Oct 2-27-371-8494 Offsite Storage 25.63 Oct 2-20-817-9929 Police O.T. Stn 309.57 Oct 2-29-807-1226 Diaz Rd Irrigation 18.80 Oct 2-28-904-7706 Overland Trail 180.81 Oct 2-30-520-4414 Temecula Pkwy 122.16 Oct 2-29-933-3831 FOC 1,832.15 Oct 2-29-657-2787 Winchester Rd 17.52 Oct 2-19-171-8568 Wedding Chpl 112.78 Oct 2-18-937-3152 T.Museum 941.72 Oct 2-25-393-4681 TES Pool 629.87 Oct 2-14-204-1615 Front St Rdio 30.95 Oct 2-02-351-4946 MPSC 1,493.72 Oct 2-29-807-1093 Irrigation Diaz Rd 20.43 Oct 2-29-807-1382 Irrigation Meter 16.95 Oct 2-29-223-8607 Old Twn PED 1,890.60 10,095.29 127613 10130/2008 001212 SO CALIF GAS COMPANY Oct 091-085-1632-0 T.E.S. Pool 387.45 Oct 095-167-7907-2 Fire Stn 84 125.92 Oct 101-525-1560-6 Fire Stn 73 83.16 Oct Various locations 2,821.62 3,418.15 127614 10130/2008 000519 SOUTH COUNTY PEST CONTROL pest control:Paloma del Sol Prk 10113 84.00 INC pest control svc:rrsp 10115 94.00 pest control svc:fs 73 48.00 pest control svc:fs 84 918 94.00 pest control svc:Overland Trl TCC Fac 48.00 368.00 127615 10130/2008 005724 SOUTHWEST FAMILY YMCA booth operator:Halloween Carnival 150.00 150.00 127616 10130/2008 000293 STADIUM PIZZA INC refreshments:teen pgrms 10121 43.59 43.59 Page:10 apChkLst Final Check List Page: 11 1013012008 9:28:1 6AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127617 10130/2008 006145 STENO SOLUTIONS Sep transcription srvcs:Police 677.44 677.44 TRANSCRIPTION 127618 10130/2008 012371 STEPHEN FOSSLER COMPANY Anniversary stickers:mpsc 96.76 96.76 127619 10/30/2008 012188 STRONG FAMILIES TCSD Instructor Earnings 262.50 262.50 127620 10130/2008 012259 SWERTFEGERS EQUIPMENT INC equip repair & maint:pw maint 282.10 282.10 127621 10130/2008 012294 T K SMITH Performance:theater 1118108 2,000.00 2,000.00 127622 10130/2008 000305 TARGET BANK BUS CARD SRVCS misc supplies:children's museum 66.21 misc rec supplies:crc 108.70 misc supplies:high hopes pgrm 116.04 misc rec supplies:tiny tots pgrm 28.83 319.78 127623 10/30/2008 006040 TEMECULA CREEK VILLAGE, LLC refund:eng deposit/30468 parcel map 495.00 refund:eng deposit/30468 parcel map 995.00 1,490.00 127624 10/30/2008 009470 TEMECULA LIONS CLUB booth operator:Halloween Carnival 150.00 150.00 127625 10130/2008 010848 TEMECULA PLANTSCAPE Oct plantscape srvcs:library 400.00 400.00 127626 10130/2008 007340 TEMECULA VALLEY FIRE EQUIP. Fire Extinguishers:TCC/GERT 966.52 CO Fire Extinguisher Svc:TCC/CERT 127.88 Fire extinguisher m aint:foc 51.00 1,145.40 127627 10130/2008 000919 TEMECULA VALLEY UNIFIED Sept City vehicles fuel usage 718.38 718.38 SCHOOL 127628 10130/2008 003941 TEMECULA WINNELSON plumbing supplies: crc 15.72 COMPANY plumbing supplies: crc 236.78 252.50 127629 10130/2008 003862 THYSSENKRUPP Elevator testing:maint facility 1,359.00 1,359.00 ELEVATOR.BRNCH 37 127630 10130/2008 000668 TIMMY D PRODUCTIONS INC equip & emcee srvcs:harvest carnival 1,000.00 1,000.00 127631 10130/2008 012407 TORRES, RAMON refund:picnic shltrlrrsp 1111 55.00 55.00 127632 10130/2008 012419 TRANS-PACIFIC CONSULTANTS refund:eng deposit/pm 30468 500.00 500.00 Page:11 apChkLst Final Check List Page: 12 1013012008 9:28:1 6AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127633 10130/2008 010276 TW TELECOM Oct high speed internet Stn 92 116.75 116.75 127634 10130/2008 009709 U H S OF RANCHO SPRINGS, INC Jul-Sep forensic exam srvcs:police 4,500.00 4,500.00 127635 10/30/2008 002702 U S POSTAL SERVICE Postage meter deposit 4,791.42 4,791.42 127636 10130/2008 011659 ULINEINC reclosablevinylenvelopes:pwtraffiic 94.56 94.56 127637 10130/2008 000325 UNITED WAY United Way Charities Payment 63.00 63.00 127638 10130/2008 004261 VERIZON Oct xxx-5696 Sports Complex 33.90 Oct xxx-7786 C. Washington 37.23 Oct xxx-2016 reverse 911 120.33 Oct xxx-2676 general usage 33.90 Oct xxx-3526 fire alarm 101.73 Oct xxx-5706 Field OPS Cntr 415.88 Oct xxx-2075 general usage 62.20 Oct xxx-5275 PD DSL 34.98 Oct xxx-5072 general usage 4,949.84 5,789.99 127639 10/30/2008 004848 VERIZON SELECT SERVICES INC Oct long distance phone svcs 878.20 878.20 127640 10130/2008 012322 VERNON, JAMES P. Performance:theater 1118108 600.00 600.00 127641 10/30/2008 001342 WAXIE SANITARY SUPPLY INC custodial supplies:city hall/west 984.22 984.22 127642 10130/2008 012415 YOGURT ISLAND refund:fee ovrpmt132240106 Tem.Pkwy 476.47 476.47 Grand total for UNION BAN K OF CALIFORNIA: 913,526.13 Page:12 apChkLst Final Check List Page: 13 1013012008 9:28:16AM CITY OF TEMECULA 168 checks in this report. Grand Total All Checks: 913,526.13 Page:13 apChkLst Final Check List Page: 1 1110612008 12:23:34PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1148 11/03/2008 004931 CHICAGO TITLE COMPANY RCA purch: 940-040-0031080-001 500,000.00 500,000.00 127643 11106/2008 003859 ALL ABOUT SELF STORAGE 08109 storage unit rentals:TCSD 8,493.00 8,493.00 127644 11106/2008 003951 ALL AMERICAN ASPHALT Sept Const Svct:Pechanga Pkwy Ii 996,497.22 996,497.22 127645 11106/2008 009374 ALLEGRO MUSICAL VENTURES Oct piano maint svc: Theater 145.00 145.00 127646 11106/2008 009033 ALLEN, STEVEN L. photography svcs:Harvest Cnvl 300.00 300.00 127647 1110612008 006915 ALLIE'S PARTY EQUIPMENT equip rental:MPSC anniv event 128.24 equip rental:TCSD event 1014 552.68 equip rental:Hot Summer Ngts 205.07 equip rental:Hot Summer Ngts 247.60 equip rental:Hot Summer Ngts 257.01 1,390.60 127648 11106/2008 001375 AMERICAN CONSTRUCTION PW Insp Trn 1117 H.Beach:JH,PR 390.00 390.00 127649 1110612008 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 540.00 DUI & drug screenings: Police 450.00 Nov stand by fee: Police 1,200.00 2,190.00 127650 11106/2008 002187 ANIMAL FRIENDS OF THE Sept Animal control services 13,000.00 13,000.00 VALLEYS 127651 1110612008 011023 ANTHONY'S HEATING & AIR Res Imp Prgm: Chick, Judy 2,780.00 2,780.00 127652 1110612008 000101 APPLE ONE INC temp help ppe 10118: Wilson, L 1,092.16 1,092.16 127653 1110612008 012540 ARELLANO, ROSALINA VENEGAS refund:sec dep:1003443.003 150.00 150.00 Page:1 apChkLst 11/06/2008 12:23:34PM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127654 11106/2008 001323 ARROWHEAD WATER INC Bottled wtr svcs: Fld Op Ctr 163.60 Bottled Mr svcs: Library 51.31 Bottled wtr svcs: Theater 56.98 Bottled wtr svcs: TCC 21.98 Bottled wtr svcs: Ch Museum 24.44 Bottled wtr svcs: Skate Park 8.61 Bottled wtr svcs: TV Museum 18.62 Bottled Mr svcs: CRC 96.88 Bottled wtr svcs: Maint Facility 128.64 Bottled wtr svcs: City Hall 338.06 Bottled wtr svcs: PBSP 40.17 Bottled wtr svcs: TES Aquatics 6.45 Bottled wtr svcs: CHS Aquatics 4.30 960.04 127655 11/0612008 003203 ARTISTIC EMBROIDERY staff uniforms: TCSD 525.82 525.82 127656 11/06/2008 002541 BECKER CONSTRUCTION SRVS debris removal:Vallejo Channel 6,185.00 6,185.00 INC 127657 11106/2008 004262 BIO-TOX LABORATORIES DUI & drug screenings: Police 219.80 DUI & drug screenings: Police 887.83 DUI & drug screenings: Police 760.00 1,867.63 127658 11106/2008 008605 BONTERRA CONSULTING Jun-Sept enviro svcs: RRSP 10,950.75 10,950.75 127659 11/0612008 009082 C B C TECHNICAL INC misc supplies: Theater 240.00 240.00 127660 11106/2008 003138 CAL MAT PW patch truck materials 206.01 PW patch truck materials 961.84 PW patch truck materials 612.55 PW patch truck materials 534.56 2,314.96 127661 11/06/2008 005384 CALIF BAGEL BAKERY & DELI refreshments:Council mtg 10128 224.72 refreshments:Council mtg 10/14 225.20 449.92 127662 1110612008 004248 CALIF DEPT OF JUSTICE- DUI & drug screenings: Police 1,715.00 1,715.00 ACCTING 127663 11106/2008 012529 CALVARY BAPTIST CHURCH refund:eng dep:31087 nicolas rd 995.00 995.00 127664 11106/2008 004971 CANON FINANCIAL SERVICES, Oct copier lease: Stn 84 182.55 182.55 INC 127665 11106/2008 006114 CASEY, MARGIE Employee Computer Loan Pgrm 1,259.29 1,259.29 Paget apChkLst Final Check List Page: 3 11/06/2008 12:23:34PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127666 11/06/2008 000137 CHEVRON AND TEXACO City vehicles fuel: CM 372.97 372.97 127667 1110612008 004609 CINTAS DOCUMENT Oct doc shred svcs: City/PD 177.50 177.50 MANAGEMENT 127668 11106/2008 008594 COMMUNITY BANK Escr#1202:AII American Asphalt 99-11 110,721.91 110,721.91 127669 11/0612008 006303 CONDUIT NETWORKS, INC misc computer equip Info Sys 845.00 845.00 127670 11/06/2008 001264 COSTCO WHOLESALE refreshments: Team PACE 10/30 282.35 282.35 127671 11106/2008 010650 CRAFTSMEN PLUMBING & HVAC HVAC maint: Old Town 148.00 148.00 INC 127672 11/06/2008 011870 CRIME SCENE STERI-CLEAN, LLC crime scene hazard cleaning: PD 993.40 993.40 127673 11106/2008 012546 DEL HOTAL, LESTER refund:fire fees 31069 Ruidosa 221.51 221.51 127674 11/0612008 012296 DIRECT ELECTRIC COMPANY electrical svcs:TCSD park lights 12,800.00 12,800.00 127675 11106/2008 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: B&S 274.63 INC Fuel for City vehicles: PW CIP 36.93 Fuel for City vehicles: PW Lnd Dv 530.90 Fuel for City vehicles: PW Maint 1,673.62 Fuel for City vehicles: PW Traffic 37.73 Fuel for City vehicles: Code Enf/Pln 520.73 Fuel for City vehicles: PW CIP 133.99 Fuel for City vehicles: TCSD 2,017.76 Fuel for City vehicles: Police 43.17 5,269.46 127676 1110612008 001669 DUNN EDWARDS CORPORATION graffiti removal supplies:PW Maint 72.67 72.67 127677 11/0612008 011202 E M H SPORTS & FITNESS TCSD instructor earnings 609.00 TCSD instructor earnings 196.00 805.00 127678 11106/2008 002528 EAGLE GRAPHIC CREATIONS Volunteer 10 yr awards: Police 403.42 403.42 INC Page:3 apChkLst 11/06/2008 12:23:34PM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127679 11106/2008 001056 EXCEL LANDSCAPE Oct Idscp maint: City Facilities 9,685.00 mainline repairs: CRC 226.50 mainline repairs: medians 221.56 mainline repairs: sports parks 484.01 mainline repairs: meidans 552.92 mainline repairs: medians 707.12 Oct Idscp maint: medians 14,987.00 Oct Idscp maint: north slopes 28,494.00 Oct Idscp maint: parks/schools 43,040.00 Oct Idscp maint: south slopes 41,885.00 mainline repairs: Crowne Hill 212.58 140,495.69 127680 11/06/2008 000165 FEDERAL EXPRESS INC 10124 express mail svcs:Citywide 139.48 139.48 127681 11106/2008 010804 FEHR & PEERS ASSOCIATES Sept EIR cnslt svcs:Liberty Qry 15,737.24 Sept EIR cnslt svcs:S.Mgita Annex 972.85 16,710.09 127682 11106/2008 006531 FORMOE, GARY Reimb: ICC license renewals 360.00 360.00 127683 11/0612008 012533 FULCHER, DAVID Reimb:Hazmat Challenge 9/1-915108 666.47 666.47 127684 11/06/2008 011967 FULL VALUE ENTERTAINMENT sttlmnt: Live alt Merc 10/24,10131 114.00 114.00 127685 11106/2008 010326 G E MOBILE WATER, INC Oct main osmosis washer:Stn 73 52.00 Oct rent osmosis washer:Stn 73 23.71 75.71 127686 11106/2008 004514 G T S I CORP Panasonic computer equip: PD 494.02 Panasonic computer equip: PD 332.80 Panasonic computer equip: PD 100.61 927.43 127687 11106/2008 011283 GABRIEL ROEDER SMITH & Sept 08 OPEB svcs: HR 3,700.50 3,700.50 COMPANY 127688 11/06/2008 001937 GALLS INC Uniforms: Police Volunteers 17.24 17.24 127689 11106/2008 003815 GFB FRIEDRICH & ASSOCIATES Aug-Sept design svc:DePortola Rd 10,467.73 10,467.73 INC 127690 11106/2008 005664 GOSCH TOWING & RECOVERY auto towing svcs: Police 180.00 auto towing svcs: Police 125.00 305.00 127691 11106/2008 003792 GRAINGER maintenance supplies: Stn 84 134.67 134.67 127692 1110612008 000711 GRAPHICS UNLIMITED brochure/map printing svc:TCSD 2,661.96 2,661.96 LITHOGRAPHY Page-.4 apChkLst Final Check List Page: 5 11106/2008 12:23:34PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127693 11106/2008 005311 H2O CERTIFIED POOL WATER Oct pool maint: CRC & TES 900.00 900.00 SPCL. 127694 11/0612008 003895 HAROLD, MARK reimb:airfare Green Intl Cf Boston 502.00 502.00 127695 11106/2008 012523 HAZEN, CH ERI refund:sec dep:1021225.001 150.00 150.00 127696 11/0612008 001135 HEALTH POINTE MEDICAL pre-employment physicals: HR 240.00 240.00 GROUP INC 127697 11106/2008 002126 HILLYARD FLOOR CARE SUPPLY misc supplies: CRC gym floor 2,891.93 2,891.93 127698 1110612008 003198 HOME DEPOT, THE maintenance supplies: City Hall 479.49 479.49 127699 11106/2008 003198 HOME DEPOT, THE Wood Cribbing CERT Trailer 297.71 297.71 127700 11106/2008 005313 HUFFER MANUFACTURING INC Carnival Games:Harvest Carnival 715.43 715.43 127701 11106/2008 005874 1 E BIKES bicycle repairs: Police bike patrol 111.66 bicycle repairs: Police bike patrol 50.00 bicycle repairs: Police bike patrol 110.58 bicycle repairs: Police bike patrol 85.64 bicycle repairs: Police bike patrol 94.65 452.53 127702 11106/2008 006057 IKON OFFICE SOLUTIONS, INC credit:sales tax on training svcs -286.75 employee training svcs:City Hall 3,986.75 3,700.00 127703 11106/2008 006914 INNOVATIVE DOCUMENT Sept copier maintlrepair: Citywide 6,144.99 6,144.99 SOLUTIONS 127704 11106/2008 006713 INTEGRATED MEDIA SYSTEMS Audiovisual svcs:Council Chambers 2,881.65 Audiovisual svcs:Council Chambers 1,155.11 4,036.76 127705 11/0612008 012531 JAI MATA DI LLC refund:eng dep:43950 margarita rd 995.00 995.00 127706 11/06/2008 012524 JCS P.A.T.S. refund: sec dep:1003552.003 150.00 150.00 127707 11106/2008 006750 KB HOME COASTAL, INC. refund:eng dep:TM23143-7 Lot 1 995.00 995.00 127708 11106/2008 004481 KIMLEY HORN & ASSOCIATES Sept Eng Svcs:Santiago Basin 1,948.93 1,948.93 INC Pagea apChkLst 11106/2008 12:23:34PM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127709 11106/2008 000488 KNOTTS BERRY FARM Knott's Scary Farm:Teens 10117 1,979.55 1,979.55 127710 1110612008 011700 KONICKI, MANISHA G. refund:ping appl withdrawal 702.00 702.00 127711 11106/2008 012520 KORNER, THOMAS refund: security deposit Theater 500.00 500.00 127712 11106/2008 000209 L & M FERTILIZER INC misc supplies: Stn 84 14.85 Misc Repair/Supplies: Pw Maint 573.23 588.08 127713 11106/2008 002863 LAWSON PRODUCTS INC maintenance supplies: PW 24.24 maintenance supplies: PW 165.95 190.19 127714 11106/2008 004998 LINFIELD SCHOOL refund:eng dep:31950 Pauba Rd 500.00 500.00 127715 11106/2008 004087 LOWES INC Hardware supplies: Stn 84 196.45 196.45 127716 11106/2008 004141 MAINTEX INC Custodial supplies: Iibrarylcrclchlww 121.48 121.48 127717 11106/2008 000217 MARGARITA OFFICIALS ASSN Oct officiating srvcs:sports pgrm 5,040.00 5,040.00 127718 11/06/2008 012421 MASINO, MARIANNE TCSD Instructor Earnings 728.00 728.00 127719 11106/2008 011909 MCFARLIN & ANDERSON LLP Legal services for CFD 03.02 40,000.00 40,000.00 127720 11106/2008 012541 MDMG INC refund:eng dep:30101 Rancho Ca Rd 500.00 500.00 127721 11106/2008 006571 MELODY'S AD WORKS INC. reimb expenses: Erie Stanley Gardner 83.16 reimb expenses:O.T. Holiday 538.70 Nov mrktlpromo srvcs:O.T. Holiday 3,500.00 4,121.86 127722 11106/2008 011440 MILLMORE'S WAX CREW City vehicle detailing srvcs:PW Depts 75.00 75.00 127723 11106/2008 001384 MINUTEMAN PRESS business cards: M. Adamee 44.95 Letterhead stationery:city council 238.81 283.76 127724 11106/2008 012526 MONTANO, ELENA refund:sec deplcrc rm rental 397.00 397.00 127725 11106/2008 000883 MONTELEONE EXCAVATING erosion control: Del Rio Bridge 6,500.00 asphalt repairs: Dendy Parkway 2,600.00 9,100.00 127726 11106/2008 001986 MUZAK-SOUTHERN CALIFORN IA Nov "on hold" phone music: FOC 98.18 Nov music broadcast:Old Town 69.11 167.29 Page6 apChkLst 11106/2008 12:23:34PM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127727 11/06/2008 002925 NAPA AUTO PARTS City vehicle parts & supplies:pw maint 52.98 52.98 127728 1110612008 010504 NEXTEL COMMUNICATIONS Sep 26-Oct 25 cellular usage/equip 1,494.03 1,494.03 127729 11106/2008 011840 NISHINA, MIDORI refund:creative beg for parent 56.00 56.00 127730 11106/2008 003964 OFFICE DEPOT BUSINESS SVS misc office supplies:central srvcs 45.34 45.34 DIV 127731 11/06/2008 006721 OFFICEMAX INCORPORATED misc office supplies:finance 191.58 191.58 127732 11106/2008 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:B&S 831.65 City Vehicle Maint Svcs:City Mgr 36.27 City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:B&S 132.37 City Vehicle Maint Svcs:B&S 595.46 City Vehicle Maint Svcs:PW Maint 87.50 City Vehicle Maint Svcs:PW CIP 36.27 City Vehicle Maint Svcs:PW CIP 36.27 City Vehicle Maint Svcs:PW NPDES 36.27 City Vehicle Maint Svcs:TCSD 55.00 City Vehicle Maint Svcs:TCSD 55.00 City Vehicle Maint Svcs:TCSD 55.00 City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:TCSD 123.38 2,152.98 127733 11106/2008 001171 ORIENTAL TRADING COMPANY misc supplies: tiny tot pgrm 215.09 215.09 INC 127734 11106/2008 002800 PACIFIC STRIPING INC Restriping of city streets: citywid e 131,369.89 131,369.89 127735 11106/2008 012223 PALOMA STONEWORKS INC layout/install granite pavers:vet mem 8,799.60 8,799.60 127736 11106/2008 002099 PASCOE MANAGEMENT LLP Nov Old Town Restroom Lease 826.00 826.00 127737 1110612008 002652 PAT & OSCARS RESTAURANT refreshments: Parent Prj Bnqt 1114 157.74 157.74 127738 11106/2008 012251 PORTRAIT PRODUCTIONS TCSD Instructor Earnings 378.00 378.00 127739 11106/2008 012542 PROFESSIONAL GOLFERS, refund:end dep:31950 pauba rd 995.00 995.00 CAREER COLLEGE Page:? apChkLst Final Check List Page: 8 11/06/2008 12:23:34PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127740 11/06/2008 002012 RD O EQUIPMENT COMPANY parts/srvc for back hoe: PW Maint 1,100.43 1,100.43 127741 1110612008 004029 R J M DESIGN GROUP INC Aug Dsgn:Redhawk Parks Improvment 17,795.43 17,795.43 127742 11106/2008 000262 RANCHO CALIF WATER DISTRICT Oct 01-08-38009-0 T.C.C. 74.98 Various Water Meters 2,752.48 2,827.46 127743 11106/2008 012525 RCGIA,"2008 CALIF GANG '08 Gang Summit S.Brosche 1113-6108 275.00 275.00 SUMMIT" 127744 11106/2008 012288 RENT A CENTER #4086 Furniture Rental -Teen Dance 1118 429.34 429.34 127745 11106/2008 002110 RENTAL SERVICE equip rental: pw maint 79.52 CORPORATION equip rental: pw maint 64.42 143.94 127746 11106/2008 004498 REPUBLIC INTELLIGENT Street maint: Diaz1R.C. 1014 3,763.80 3,763.80 127747 11106/2008 007372 RILINGTON BELLA VILLAGGIO refund:end dep:PM30786 parcel 1-3 995.00 995.00 LLC 127748 11106/2008 000406 RIVERSIDE CO SHERIFFS DEPT trf collision-ped.bike:D.Hoctor 11112-14 120.00 120.00 127749 11106/2008 005026 ROAD WORKS, INC. Traffic Control Cert.Sem:J. Ward 1212-3 125.00 125.00 127750 11106/2008 012522 ROSS, CHUCK refund: First Aid class 10/11108 50.00 50.00 127751 11106/2008 012527 RUPRICH, KEN refund:lost library material:the pearl 11.00 11.00 127752 11106/2008 000277 S & S ARTS & CRAFTS INC misc supplies:tiny tot pgrm 192.18 192.18 127753 11/06/2008 012543 SAKAMOTO, KATHY & BRIAN refund:end dep:TM3883 Lot 130 995.00 995.00 127754 11106/2008 009980 SANBORN, GWYN Country @ the Merc 11/1/08 555.00 555.00 127755 11106/2008 012530 SAWN, CHINTA & PREMAWATI refund:eng dep:43040 margarita rd 995.00 995.00 127756 11106/2008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 10130108 168.00 168.00 Page:B apChkLst Final Check List Page: 9 11106/2008 12:23:34PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127757 11/06/2008 009746 SIGNS BY TOMORROW Handicap Iogo:City Hall 39.74 public sign pstng:pln 1014 PA080122,3,5 328.09 public sign posting:pln 10130 PA080179 984.26 public sign posting:pln 10125 PA080156 290.00 public sign posting:pln 10125 PA080162 145.00 public sign posting:pln 10125 PA080153 290.00 public sign pstng:pln 1014 984.26 public sign posting:pln 1014 PA080170 328.09 public sign pstng:pln 10111PA08-0128,22 656.17 4,045.61 127758 11/0612008 003477 SMITH, BARBARA Reimb: SCAN NATOA Fin Rptng 10123 128.10 128.10 127759 11/0612008 000374 SO CALIF EDISON Reloc of facilities Pechanga Pkwy 2,450.23 2,450.23 127760 11106/2008 000537 SO CALIF EDISON Oct 2-29-953-8082 Wolf Valley 20.63 Oct 2-29-953-8249 Wolf Crk Dr PED 16.95 Oct 2-00-397-5067 various mtrs 1,646.12 Oct 2-29-295-3510 Wolf VIly 1,188.49 Oct 2-29-657-2332 Redwood Rd PED 18.08 Oct 2-29-953-8447 Wlf Vlly Rd PED 18.65 Oct 2-29-974.7899 Ynez Rd LS-3 50.76 Oct 2-29-974-7568 Ynez Rd TC-1 56.60 Oct 2-02-502-8077 Maint Fac 1,891.89 Oct 2-27-805-3194 Theater 3,957.72 Oct 2-28-629-0507 Library 9,283.11 Oct 2-29-458-7548 Wolf Crk PED 73.36 Oct 2-00-397-5042 City Hall 7,195.10 Oct 2-30-220-8749 Wolf Creek Dr 385.55 25,803.01 127761 11106/2008 012252 SOUND SKILZ ENTERTAINMENT DJ srvcs:Teen Dance 1118108 750.00 750.00 INC 127762 1110612008 000519 SOUTH COUNTY PEST CONTRO L Aug pest control srvcs:var parks 493.00 INC Sep pest control srvcs:var parks 493.00 pest control srvcs:TCC ovrind fac 90.00 Sep pest control srvcs:fire stn 84 80.00 1,156.00 127763 11106/2008 005786 SPRINT Sep 26- Oct 25 cellular usage/equip 7,098.00 7,098.00 127764 11/0612008 005786 SPRINT Text Message Retrieval 30.00 30.00 127765 11106/2008 002015 STAR WAY PRODUCTIONS Audio srvcs/rod run: old town 10110-11 860.00 860.00 127766 11106/2008 012528 SUBMARINA INC refund:sec dep:1003534.003 150.00 150.00 Page9 apChkLst Final Check List Page: 10 11106/2008 12:23:34PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127767 11/06/2008 011667 T & T JANITORIAL INC Oct janitorial srvcs:City facilities 7,301.76 7,301.76 127768 1110612008 003599 T Y LIN INTERNATIONAL 2/3/07-8129108 Dsgn:W.Bypass Bridge 46,486.58 46,486.58 127769 11106/2008 000305 TARGET BANK BUS CARD SRVCS misc supplies:senior swing dance 61.89 Misc rec supplies:mpsc 21.54 Misc rec supplies:mpsc 133.39 216.82 127770 11/06/2008 010679 TEMECULA AUTO City vehicle repair & maint:fire prev 69.95 69.95 REPAIR/RADIATOR 127771 11106/2008 006040 TEMECULA CREEK VILLAGE, LLC refund:eng dep:PM30468 subarea b 995.00 refund:eng dep:PM30468 subarea d 995.00 1,990.00 127772 11106/2008 009150 TEMECULA GLASS & MIRROR Trailer repair:police 363.83 363.83 INC 127773 11106/2008 011736 TEMECULA TROPHY INC Team PACE event awards 10130 35.56 35.56 127774 11/06/2008 009761 TEMECULA VALLEY MASTER refund:sec.depositlrheater 3117109 675.00 675.00 CHORALE 127775 11106/2008 011677 TEMECULA VALLEY PEOPLE Council Community Srvc Funding 300.00 300.00 127776 11106/2008 012544 TEMECULA VILLAGES, refund:eng dep:30101 rancho ca rd 495.00 495.00 DEVELOPMENT LP 127777 1110612008 009579 THOMAS, LEAH ee computer purchase prgm 2,000.00 2,000.00 127778 11106/2008 004145 TW TELECOM Oct City phones general usage 4,197.82 4,197.82 127779 11/0612008 010276 TW TELECOM Oct high speed internet MPSC 44.95 44.95 127780 11/06/2008 004759 TWIN GRAPHICS City vehicle graphics:police units 805.34 805.34 127781 11106/2008 005460 U S BANK Trustee/Fiscal Agent Srvcs:2001 Cop 3,850.00 3,850.00 127782 11/06/2008 004261 VERIZON Oct xxx-9897 general usage 87.94 Oct xxx-5509 general usage 144.37 Oct xxx-1999 general usage 39.15 Oct xxx-0049 general usage 47.72 319.18 Page:10 apChkLst Final Check List 11/06/2008 12:23:34PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid 127783 11/06/2008 012532 VRT SQUARE LP refund:eng dep:32785 wolf store rd 995.00 127784 1110612008 012373 WALDMAN, KENNETH J. Performance:theater 11115/08 650.00 127785 11106/2008 003730 WEST COAST ARBORISTS INC Oct tree trimming srvcs:Citywide 6,800.00 127786 11106/2008 004774 WOODCREST UNIFORMS Uniforms:policevolunteers 443.93 127787 11106/2008 000348 ZIGLER, GAIL reimb:Team PACE festivities supplies 652.79 Grand total for UNION BANK OF CALIFORNIA: Page: 11 Check Total 995.00 650.00 6,800.00 443.93 652.79 2,252,193.80 Page:11 apChkLst Final Check List Page: 12 11/0612008 12:23:34PM CITY OF TEMECULA 146 checks in this report. Grand Total All Checks: 2,252,193.80 Page:12 ITEM NO. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: November 18, 2008 SUBJECT: City Treasurer's Report as of September 30, 2008 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of September 30, 2008. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of September 30, 2008. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of September 30, 2008 CASH AND INVESTMENTS REPORT CITY OF TEMECULA AS OF SEPTEMBER 30, 2008 Fund Total 001 GENERAL FUND $ 40,108,665.58 100 STATE GAS TAX FUND 378.15 120 DEVELOPMENT IMPACT FUND 3,645,184.90 150 AB 2766 FUND 468,727.48 160 AB 3229 COPS 439.31 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 9,006,127.49 170 MEASURE A FUND 8,054,795.43 190 TEMECULA COMMUNITY SERVICES DISTRICT 612,503.85 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 19,754.92 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 260,274.46 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 33,959.83 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 39,297.12 196 TCSD SERVICE LEVEL "L" LAKE PARK MAI NT. 210,492.68 197 TEMECULA LIBRARY FUND 2,185,108.41 210 CAPITAL IMPROVEMENT PROJECT FUND 47,628,735.82 272 CFD 01-2 HARVESTON A&B IMPROVEMENT FUND 256,701.86 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 5,267,096.39 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 5,805,399.66 276 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND 506,063.42 277 CFD-RORIPAUGH 44,565,349.71 280 REDEVELOPMENT AGENCY - CIP PROJECT 20,866,051.38 300 INSURANCE FUND 1,482,785.35 310 VEHICLES FUND 669,908.17 320 INFORMATION SYSTEMS 307,199.76 330 SUPPORT SERVICES 291,143.09 340 FACILITIES 27,811.28 370 CITY 2008 COP'S DEBT SERVICE 840,594.51 380 RDA DEBT SERVICE FUND 17,191,915.71 390 TCSD 2001 COP'S DEBT SERVICE 392,976.84 460 CFD 88-12 DEBT SERVICE FUND 3,497,079.63 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 741,946.85 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,287,570.26 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 114,869.11 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 2,539,005.42 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 353,298.22 477 CFD- RORIPAUGH 8,210,705.22 700 CERBT CALIFORNIA EE RETIREE-GASB45 1,081.74 Grand Total: $ 227,490,999.01 City of Temecula, California Portfolio Management Portfolio Summary September 30, 2008 City of Temecula 43299 Business Park Drive P.O. Box 9033 Temecula, CA. 92590 (951)694-6430 Investments Par Value Market Value Book Value % of Portfolio Term Days to Maturity YTM 360 Equiv. YTM 365 Equiv. Certificates of Deposit - Bank 873,983.53 873,983.53 873,983.53 0.39 1,177 700 5.600 5.678 Managed Pool Accounts 107,456,931.16 107,456,931.16 107,456,931.16 48.10 1 1 2.722 2.760 Letter of Credit 3.00 3.00 3.00 0.00 1 1 0.000 0.000 Local Agency I nvestment Funds 40,192,734.83 40,167,916.07 40,192,734.83 17.99 1 1 2.823 2.862 Commercial Paper - Interest Bearing 5,236,000.00 5,152,429.09 5,236,000.00 2.34 178 152 3.310 3.356 Federal Agency Callable Securities 57,400,000.00 57,454,686.00 57,396,937.50 25.69 1,372 1,181 4.137 4.195 Federal Agency Bullet Securities 8,082,000.00 8,054,958.45 8,057,178.45 3.61 970 818 3.960 4.014 Investment Contracts 4,202,588.76 4,202,588.76 4,202,588.76 1.88 9,052 6,464 4.191 4.250 223,444,241.28 223,363,496.06 223,416,357.23 100.00% 567 461 3.201 3.246 Investments Cash and Accrued Interest Passbook/Checking 4,125,009.75 4,125,009.75 4,125,009.75 1 1 0.000 0.000 (not included in yield calculations) Accrued Interest at Purchase 2,493.20 2,493.20 Subtotal 4,127,502.95 4,127,502.95 Total Cash and Investments 227,569,251.03 227,490,999.01 227,543,860.18 567 461 3.201 3.246 Total Earnings September 30 Month Ending Current Year 606,261.18 Average Daily Balance 229,687,788.21 Effective Rate of Return 3.21% Reporting period 09/01/2008-09/30/2008 Portfolio TEME CID Run Date: 11/08/2008 -10:03 No fiscal year history available PM (PRF_PM1) SymRept 6.41.202a Report Ver. 5.00 City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2008 Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Certificates of Deposit - Bank 95453518-2 86-12 GENIM2 USBANK 06/12/2007 873,963.53 673,983.53 673,963.53 5.600 Subtotal and Average 873,983.53 873,983.53 873,983.53 873,983.53 Managed Pool Accounts 122216003-2 CITY COP RE2 104348008 01-2 IMP 104348006 01-2 RESA 104348016 01-2 RES B 104348000 01-2 SP TAX 94669911 03-1 ACQ Al 94669921 03-1 ACQ B1 94669902 03-1 BOND 94669906 03-1 RES A 94669916 03-1 RES B 94669000 03-1 SP TAX 793593011 03-2 ACQ 793593009 03-2 EMW D 793593007 03-2 IMP 793593016-2 03-2 LOC-2 793593010 03-2 PW ADM 793593006 03-2 RES 793593000 03-2 SP TX 744727011 03-3 ACQ 1 744727002 03-3 BOND 744727007 03-3 CITY 1 744727009 03-3 EMW D 1 744727006-2 03-3 RES 2 94669000 03-3 SP TAX 94666001 03-4 ADMIN 94686005 03-4 PREPMT 94666000 03-4 REDEMP 94686006 03-4 RES 78776002 03-6 BOND 786776007 03-6 IMP 786776006 03-6 RES 786776000 03-6 SP TAX 95453510 86-12 BOND 95453518 88-12 GEN I Run Date: 11/06/2008-10 03 5.600 5.676 700 09.101/2010 5.600 5.678 700 ASSURED GUARANTY 03/13/2008 1.00 1.00 1.00 1.000 0.966 1.000 1 First American Treasury 256,701.86 256,701.86 256,701.86 0.960 0.947 0.960 1 First American Treasury 30.96 30.96 30.96 0.970 0.957 0.970 1 First American Treasury 17.15 17.15 17.15 0.990 0.976 0.990 1 First American Treasury 32.15 32.15 32.15 0.960 0.947 0.960 1 First American Treasury 4,264.98 4,264.98 4,264.98 0.960 0.947 0.960 1 First American Treasury 15,086.06 15,086.08 15,066.06 0.960 0.947 0.960 1 First American Treasury 0.34 0.34 0.34 2.940 2.900 2.940 1 First American Treasury 09/05/2008 21,251.66 21,251.66 21,251.66 0.960 0.947 0.960 1 First American Treasury 2,260.20 2,280.20 2,280.20 0.960 0.947 0.960 1 First American Treasury 26.61 26.61 26.61 0.980 0.967 0.980 1 First American Treasury 91,666.62 91,866.62 91,866.62 0.960 0.947 0.960 1 First American Treasury 4,221.89 4,221.69 4,221.89 0.960 0.947 0.960 1 First American Treasury 3,435.71 3,435.71 3,435.71 0.960 0.947 0.960 1 First American Treasury 09/02/2008 4.64 4.64 4.64 0.860 0.848 0.860 1 First American Treasury 124.67 124.67 124.67 0.960 0.947 0.960 1 First American Treasury 366.91 366.91 366.91 0.960 0.947 0.960 1 First American Treasury 0.95 0.95 0.95 1.050 1.036 1.050 1 First American Treasury 146,652.69 146,652.69 146,652.69 0.960 0.947 0.960 1 First American Treasury 0.51 0.51 0.51 1.960 1.933 1.960 1 First American Treasury 873.43 873.43 673.43 0.960 0.947 0.960 1 First American Treasury 0.00 0.00 0.00 0.960 0.947 0.960 1 First American Treasury 09/05/2008 32,566.80 32,566.60 32,566.80 0.960 0.947 0.960 1 First American Treasury 44.72 44.72 44.72 0.960 0.947 0.960 1 First American Treasury 11,343.43 11,343.43 11,343.43 0.960 0.947 0.960 1 First American Treasury 4,064.20 4,064.20 4,064.20 0.960 0.947 0.960 1 First American Treasury 1,676.06 1,876.06 1,676.06 0.960 0.947 0.960 1 First American Treasury 5,722.63 5,722.63 5,722.63 0.960 0.947 0.960 1 First American Treasury 0.02 0.02 0.02 4.740 4.675 4.740 1 First American Treasury 870.30 870.30 870.30 0.960 0.947 0.960 1 First American Treasury 251.43 251.43 251.43 0.970 0.957 0.970 1 First American Treasury 199.08 199.08 199.08 0.960 0.947 0.960 1 First American Treasury 2,731.56 2,731.58 2,731.56 0.960 0.947 0.960 1 First American Treasury 07/01/2007 41,512.22 41,512.22 41,512.22 0.960 0.947 0.960 1 Portfolio TEME CID PM (PRF_PM2) SyrnRept 6.41.202a Report Ver. 5.00 City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2008 Page 3 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 122216009 CITY COP COS First American Treasury 03/13/2008 0. 00 0. 00 0.00 0.960 0.947 0.960 1 122216003 CITY COP RES First American Treasury 03/13/2008 541. 15 541. 15 541.15 0.960 0.947 0.960 1 122216000 COP CIP LPF First American Treasury 08/01/2008 41,005. 96 41,005. 98 41,005.96 0.960 0.947 0.960 1 94434161 RDA 02 PRIN First American Treasury 07/24/2008 143. 73 143. 73 143.73 0.960 0.947 0.960 1 107686000 RDA 06 A INT First American Treasury 200. 07 200. 07 200.07 0.960 0.947 0.960 1 107886010 RDA 06 B INT First American Treasury 0. 06 0. 06 0.06 1.490 1.470 1.490 1 107886006 RDA 06 CIP A First American Treasury 25,593. 90 25,593. 90 25,593.90 0.960 0.947 0.960 1 107886018 RDA 06 CIP B First American Treasury 6,812. 69 6,812. 69 6,812.69 0.960 0.947 0.960 1 107686016 RDA 06RESB First American Treasury 1,561. 96 1,561. 98 1,561.98 0.960 0.947 0.960 1 107886030 RDA 07 CAP I First American Treasury 11/01/2007 90. 41 90. 41 90.41 0.960 0.947 0.960 1 107686029 RDA 07 COI First American Treasury 11/01/2007 0. 00 0. 00 0.00 1.820 1.795 1.820 1 107886027 RDA 07 ESCRO First American Treasury 11/01/2007 454. 02 454. 02 454.02 0.960 0.947 0.960 1 107686020 RDA 07 INT First American Treasury 07/01/2008 25. 14 25. 14 25.14 0.960 0.947 0.960 1 107886028 RDA 07 PROJE First American Treasury 11/01/2007 17,299. 56 17,299. 56 17,299.56 0.960 0.947 0.960 1 107886026 RDA 07 RESER First American Treasury 11/01/2007 91. 30 91. 30 91.30 0.960 0.947 0.960 1 94434160 RDA TABs INT First American Treasury 217. 58 217. 58 217.58 0.960 0.947 0.960 1 94432360 TCSD COPS IN First American Treasury 380,380. 03 380,380. 03 380,360.03 0.960 0.947 0.960 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 07/01/2007 41,780,182. 05 41,780,182. 05 41,760,182.05 2.779 2.741 2.779 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 07/01/2007 1,517,836. 48 1,517,836. 48 1,517,836.48 2.779 2.741 2.779 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 07/01/2007 1,167,806. 96 1,167,806. 96 1,167,806.96 2.779 2.741 2.779 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 07/01/2007 690,976. 30 690,976. 30 690,976.30 2.779 2.741 2.779 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 07/01/2007 3,503,850. 00 3,503,850. 00 3,503,850.00 2.779 2.741 2.779 1 122216006 CITY COP CIP CA Local Agency Investment Fun 03/13/2008 22,722,617. 26 22,722,817. 26 22,722,817.26 2.779 2.741 2.779 1 122216003-1 CITY COP RE1 CA Local Agency Investment Fun 03/13/2008 798,633. 27 798,833. 27 798,833.27 2.787 2.749 2.787 1 107686006-1 RDA 06 CIP-1 CA Local Agency Investment Fun 15,710,560. 72 15,710,560. 72 15,710,560.72 2.779 2.741 2.779 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 2,978,625. 97 2,978,625. 97 2,978,625.97 2.779 2.741 2.779 1 107686030-1 RDA 07 CAP-1 CA Local Agency Investment Fun 11/01/2007 469,311. 44 469,311. 44 469,311.44 2.779 2.741 2.779 1 107886027-1 RDA 07 ESC-1 CA Local Agency Investment Fun 11/01/2007 4,147,558. 06 4,147,558. 06 4,147,558.06 2.779 2.741 2.779 1 107686026-1 RDA 07 PRO-1 CA Local Agency Investment Fun 11/01/2007 10,011,649. 49 10,011,649. 49 10,011,649.49 2.779 2.741 2.779 1 107886026-1 RDA 07 RES-1 CA Local Agency Investment Fun 11/01/2007 834,080. 08 834,080. 08 834,080.08 2.779 2.741 2.779 1 107886006 RDA 06 RES A MBIA Surety Bond 1. 00 1. 00 1.00 2.190 2.160 2.190 1 94434166 RDA TABS RES MBIA Surety Bond 1. 00 1. 00 1.00 2.190 2.160 2.190 1 Subto tal and Average 108,595,367.96 107,456,931 .16 107,456,931. 16 107,456,931.16 2.722 2.760 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2007 1. 00 1. 00 1.00 0.000 0.000 1 793593006-2 02006 Citibank, N.A. 07/01/2007 1. 00 1. 00 1.00 0.000 0.000 1 793593006-1 02005 Ohio Savings Bank 07/01/2007 1. 00 1. 00 1.00 0.000 0.000 1 Portfolio TEME CID Run Date: 11 /06/200 8 - 10 03 PM (PRF_P M2) SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2008 Page 4 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Subtotal and Average 3.00 3.00 3.00 3.00 0.000 0.000 1 Local Agency In vestment Funds 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 1,475,270.00 1,475,270.00 1,475,270.00 2.779 2.741 2.779 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 3,772,475.33 3,772,475.33 3,772,475.33 2.779 2.741 2.779 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 3,767,960.36 3,767,960.36 3,767,960.36 2.779 2.741 2.779 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 1,889,913.18 1,889,913.18 1,889,913.18 2.787 2.749 2.787 1 744727009-1 03-3 EMW D 2 CA Local Agency Investment Fun 0.00 0.00 0.00 2.779 2.741 2.779 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 505,193.12 505,193.12 505,193.12 2.787 2.749 2.787 1 SYSCITY CITY CA Local Agency Investment Fun 8,924,316.52 6,916,621.05 6,924,316.52 2.894 2.854 2.894 1 SYSRDA RDA CA Local Agency Investment Fun 9,802,685.21 9,794,232.32 9,802,685.21 2.894 2.854 2.894 1 SYSTCSD TCSD CA Local Agency Investment Fun 10,054,921.11 10,046,250.71 10,054,921.11 2.894 2.854 2.894 1 Subtotal and Average 44,296,068.16 40,192,734.83 40,167,916.07 40,192,734.83 2.823 2.862 1 Commercial Paper - Interest Bearing 104348006-3 01-2 RESA2 American International Group M 09/05/2008 447,500.00 440,357.53 447,500.00 3.310 3.310 3.356 152 03/02/2009 104348016-2 01-2 RES B 2 American International Group M 09/05/2008 206,000.00 202,712.07 206,000.00 3.310 3.310 3.356 152 03/02/2009 104348000-3 01-2 SP TX3 American International Group M 09105.12008 81,600.00 60,297.60 81,600.00 3.310 3.310 3.356 152 03/02/2009 94669916-3 03-1 RES B 3 American International Group M 09/05/2008 226,550.00 222,934.07 226,550.00 3.310 3.310 3.356 152 03/02/2009 94669900-3 03-1 SP TX 3 American International Group M 09/05/2008 162,700.00 160,103.17 162,700.00 3.310 3.310 3.356 152 03/02/2009 793593016-3 03-2 LOC-3 American International Group M 09/05/2008 3,504,400.00 3,448,466.86 3,504,400.00 3.310 3.310 3.356 152 03/02/2009 793593000-2 03-2 SP TX2 American International Group M 09/05/2008 130,100.00 128,023.50 130,100.00 3.310 3.310 3.356 152 03/02/2009 744727000-3 03-3 SP TX 3 American International Group M 09/05/2008 40,750.00 40,099.60 40,750.00 3.310 3.310 3.356 152 03/02/2009 94666006-3 03-4 RES 3 American International Group M 09/05/2008 93,300.00 91,810.85 93,300.00 3.310 3.310 3.356 152 03/02/2009 786776006-3 03-6 RES 3 American International Group M 09/05/2008 343,100.00 337,623.84 343,100.00 3.310 3.310 3.356 152 03/02/2009 Subtotal and Average 4,735,869.81 5,236,000.00 5,152,429.09 5,236,000.00 3.310 3.356 152 Federal Agency Callable Securities 3133X4M1 01075 Federal Farm Credit Bank 09/28/2007 1,000,000.00 1,017,190.00 1,000,000.00 5.000 4.932 5.000 1,456 09/28/2012 31331YSC5 01085 Federal Farm Credit Bank 02/06/2008 2,000,000.00 1,971,260.00 2,000,000.00 3.590 3.541 3.590 1,223 02/06/2012 31331YQX1 01086 Federal Farm Credit Bank 02/11/2008 2,000,000.00 1,991,880.00 2,000,000.00 3.000 2.959 3.000 498 02/11/2010 31331YTS9 01087 Federal Farm Credit Bank 02/14/2008 2,000,000.00 1,970,620.00 2,000,000.00 3.750 3.699 3.750 1,594 02/11/2013 31331YYR5 01091 Federal Farm Credit Bank 03/24/2008 1,000,000.00 989,690.00 1,000,000.00 3.150 3.107 3.150 904 03/24/2011 31331YV49 01096 Federal Farm Credit Bank 06/11/2008 2,000,000.00 1,987,500.00 2,000,000.00 4.150 4.093 4.150 1,349 06/11/2012 31331Y2F6 01099 Federal Farm Credit Bank 06/30/2008 2,000,000.00 2,009,380.00 2,000,000.00 4.230 4.172 4.230 1,002 06/30/2011 31331Y3E8 01103 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,002,190.00 1,000,000.00 3.950 3.896 3.950 1,017 07/15/2011 31331Y4G2 01106 Federal Farm Credit Bank 07/28/2008 1,000,000.00 998,750.00 1,000,000.00 3.300 3.255 3.300 665 07/28/2010 31331Y4H0 01107 Federal Farm Credit Bank 07/28/2008 1,000,000.00 1,000,000.00 1,000,000.00 3.750 3.699 3.750 1,030 07/28/2011 31331Y5N6 01112 Federal Farm Credit Bank 08/20/2008 1,000,000.00 1,005,310.00 1,000,000.00 4.250 4.192 4.250 1,419 08/20/2012 31331Y5J5" 01113 Federal Farm Credit Bank 08/21/2008 1,000,000.00 1,001,880.00 1,000,000.00 4.020 3.965 4.020 1,238 02/21/2012 Portfolio TEME CID Run Date: 11106(2008 - 1003 PM (PRF_P M2) SymR ept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2008 Page 5 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Callable Securities 31331Y5T3 01115 Federal Farm Credit Bank 08/11/2008 1,000,000.00 1,001,880.00 1,000,000.00 4.000 3.945 4.000 1,044 08/11/2011 31331Y5V8 01117 Federal Farm Credit Bank 08/26/2008 1,000,000.00 1,000,310.00 1,000,000.00 4.400 4.340 4.400 1,790 08/26/2013 31331GAP4 01122 Federal Farm Credit Bank 09/04/2008 1,000,000.00 1,002,810.00 1,000,000.00 4.250 4.192 4.250 1,434 09/04/2012 3133XLSQ7 01069 Federal Home Loan Bank 07/30/2007 1,000,000.00 1,022,810.00 1,000,000.00 5.650 5.573 5.650 1,398 07/30/2012 3133XK2N4 01072 Federal Home Loan Bank 08/24/2007 2,000,000.00 2,018,120.00 2,000,000.00 5.330 5.256 5.329 1,252 03/06/2012 3133XM5RB 01073 Federal Home Loan Bank 08/28/2007 1,000,000.00 1,014,060.00 1,000,000.00 5.080 5.011 5.080 1,059 08/26/2011 3133XM5E7 01074 Federal Home Loan Bank 08/28/2007 1,000,000.00 1,019,690.00 1,000,000.00 5.220 5.135 5.206 1,427 08/26/2012 3133XMDMO 01077 Federal Home Loan Bank 10/02/2007 1,000,000.00 1,000,000.00 1,000,000.00 5.300 5.227 5.300 1,462 10/02/2012 3133XMLM1 01079 Federal Home Loan Bank 10/17/2007 1,000,000.00 1,000,940.00 1,000,000.00 5.000 4.930 4.999 1,111 10/17/2011 3133XMLG4 01080 Federal Home Loan Bank 10/16/2007 1,000,000.00 1,000,630.00 1,000,000.00 5.200 5.128 5.200 1,469 10/09/2012 3133XQEFS 01089 Federal Home Loan Bank 04/02/2008 1,000,000.00 994,690.00 1,000,000.00 3.800 3.748 3.800 1,279 04/02/2012 3133XQY48 01093 Federal Home Loan Bank 04/28/2008 1,000,000.00 996,250.00 1,000,000.00 3.600 3.551 3.600 1,122 10/28/2011 3133XRSM3 01102 Federal Home Loan Bank 07/23/2008 1,000,000.00 1,004,380.00 1,000,000.00 4.050 3.993 4.049 1,209 01/23/2012 3133XRTQ3 01104 Federal Home Loan Bank 07/30/2008 1,000,000.00 1,000,000.00 1,000,000.00 4.000 3.946 4.001 1,307 04/30/2012 3133XRVAS 01109 Federal Home Loan Bank 07/30/2008 1,000,000.00 1,006,880.00 1,000,000.00 4.220 4.162 4.220 1,398 07/30/2012 3133XRWE6 01110 Federal Home Loan Bank 08/12/2008 1,000,000.00 1,005,310.00 1,000,000.00 4.125 4.068 4.125 1,045 08/12/2011 3133XRXX3 01116 Federal Home Loan Bank 08/20/2008 1,000,000.00 1,002,500.00 1,000,000.00 4.070 4.014 4.070 1,419 08/20/2012 3133XRYN4 01118 Federal Home Loan Bank 08/20/2008 1,000,000.00 999,690.00 1,000,000.00 3.375 3.329 3.375 688 08/20/2010 3133XRZN3 01119 Federal Home Loan Bank 08/27/2008 1,000,000.00 1,000,940.00 999,750.00 4.000 3.953 4.006 1,244 02/27/2012 3133XS2J6 01120 Federal Home Loan Bank 08/27/2008 1,000,000.00 996,250.00 1,000,000.00 3.375 3.329 3.375 695 08/27/2010 3133XS3A4 01121 Federal Home Loan Bank 08/28/2008 1,000,000.00 1,000,000.00 1,000,000.00 3.625 3.559 3.609 680 02/26/2011 3133XKH24 1062 Federal Home Loan Bank 04/16/2007 1,000,000.00 1,012,190.00 1,000,000.00 5.250 5.178 5.250 1,293 04/16/2012 3128X6ML7 01076 Federal Home Loan Mtg Corp 10/01/2007 1,000,000.00 1,000,000.00 1,000,000.00 5.000 4.932 5.000 730 10/01/2010 3126X6MQ6 01081 Federal Home Loan Mtg Corp 10/18/2007 1,000,000.00 1,000,000.00 1,000,000.00 5.250 5.177 5.249 1,461 10/01/2012 3126X6RP3 01082 Federal Home Loan Mtg Corp 11/28/2007 1,400,000.00 1,402,646.00 1,400,000.00 4.600 4.537 4.600 786 11/26/2010 3128X61-61 01084 Federal Home Loan Mtg Corp 02/04/2008 2,000,000.00 1,991,300.00 2,000,000.00 4.000 3.945 4.000 1,587 02/04/2013 3128X7TY0 01095 Federal Home Loan Mtg Corp 06/04/2008 2,000,000.00 1,999,740.00 2,000,000.00 4.000 3.945 4.000 1,342 06/04/2012 3136F8TE5 01078 Federal National Mtg Assn 10/15/2007 1,000,000.00 1,000,940.00 1,000,000.00 5.002 4.936 5.005 1,017 07/15/2011 3136F9CB7 01086 Federal National Mtg Assn 03/11/2008 2,000,000.00 1,996,880.00 2,000,000.00 4.000 3.945 4.000 1,622 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 999,380.00 1,000,000.00 4.000 3.945 4.000 1,638 03/27/2013 3136F9MU4 01094 Federal National Mtg Assn 04/30/2008 1,000,000.00 995,940.00 1,000,000.00 3.000 2.959 3.000 576 04/30/2010 3136F9UF8 01097 Federal National Mtg Assn 06/24/2008 1,000,000.00 1,002,810.00 1,000,000.00 3.600 3.551 3.600 814 12/24/2010 3136F9UP6 01098 Federal National Mtg Assn 06/24/2008 1,000,000.00 1,004,690.00 997,167.50 4.000 4.044 4.101 996 06/24/2011 3136F9WV1 01100 Federal National Mtg Assn 07/02/2008 1,000,000.00 1,007,500.00 1,000,000.00 4.000 3.945 4.000 639 07/02/2010 3136F9YW7 01108 Federal National Mtg Assn 08/05/2008 1,000,000.00 1,005,000.00 1,000,000.00 4.000 3.945 4.000 1,038 08/05/2011 31398A13C5 1065 Federal National Mtg Assn 05/11/2007 1,000,000.00 1,001,880.00 1,000,000.00 5.300 5.227 5.300 1,314 05/07/2012 Subtotal and Average 57,296,937.50 57,400,000.00 57,454,686.00 57,396,937.50 4.137 4.195 1,181 Run Date: 11/06/2008-10 03 PorifolioTEME CID PM (PRF_PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2008 Page 6 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Bullet Securities 31331XMQ2 01059 Federal Farm Credit Bank 01/26/2007 1,000,000.00 1,027,190.00 1,000,000.00 5.000 4.934 5.002 602 05/26/2010 31331YG46 01092 Federal Farm Credit Bank 04/21/2008 2,000,000.00 1,957,500.00 1,993,700.00 2.630 2.703 2.740 932 04/21/2011 31331Y3P3 01105 Federal Farm Credit Bank 07/15/2008 1,000,000.00 996,250.00 996,140.00 3.500 3.514 3.563 1,097 10/03/2011 31331Y3N8 01111 Federal Farm Credit Bank 07/30/2008 1,000,000.00 1,001,560.00 999,000.00 3.625 3.610 3.661 1,017 07/15/2011 3133XRRU6 01101 Federal Home Loan Bank 07/03/2008 1,000,000.00 1,001,250.00 996,570.00 3.625 3.626 3.676 1,003 07/01/2011 313385CN4 03-1 RES A 3 Federal Home Loan Bank 09/25/2008 879,000.00 866,191.99 866,191.99 3.410 6.757 6.851 152 03/02/2009 313384S91 RDA 06 RESB2 Federal Home Loan Bank 09/05/2008 203,000.00 201,576.46 201,576.46 2.630 5.197 5.270 72 12/12/2008 3136F9ZU0 01114 Federal National Mtg Assn 08/18/2008 1,000,000.00 1,003,440.00 1,000,000.00 4.000 3.945 4.000 870 02/18/2011 Subtotal and Average 7,337,348.00 8,082,000.00 8,054,958.45 8,057,178.45 3.960 4.014 818 Investment Contracts 744727006-1 03-3 RESERV IXIS Funding Corp 07/28/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 9,465 08/31/2034 95453518-1 86-12 GEN IM IXIS Funding Corp 07/24/1998 500,000.00 500,000.00 500,000.00 5.430 5.509 5.585 3,257 09/01/2017 95453516-1 88-12 RES 2 IXIS Funding Corp 07/24/1998 1,531,468.76 1,531,468.76 1,531,468.76 5.430 5.509 5.585 3,257 09/01/2017 Subtotal and Average 5,037,692.09 4,202,588.76 4,202,588.76 4,202,588.76 4.191 4.250 6,464 Total and Average 229,687,788.21 223,444,241.28 223,363,496.06 223,416,357.23 3.201 3.246 461 Run Date: 11/06/2008-10 03 PortfolioTEME CID PM (PRF_PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Cash September 30, 2008 Page 7 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Retention Escrow Account SYSBARNHART 1 BARNHART 1 California Bank & Trust 0.00 0.00 0.00 2.250 2.219 2.250 1 SYSAAA#1202 AAA#1202 COMMUNITY BANK 08/29/2008 115,423.85 115,423.85 115,423.85 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2007 2,810.00 2,810.00 2,810.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2007 16,905.93 16,905.93 16,905.93 0.000 0.000 1 SYSGen CkAcct Gen CkAcct Union Bank of California 07/01/2007 3,969,667.97 3,969,867.97 3,969,867.97 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2007 20,002.00 20,002.00 20,002.00 0.000 0.000 1 Average Balance 0.00 Accrued Interest at Purchase 2,493.20 2,493.20 1 Subtotal 4,127,502.95 4,127,502.95 Total Cash and Investmentss 229,687,788.21 227,569,251.03 227,490,999.01 227,543,860.18 3.201 3.246 461 Run Date: 11/06/2008-10 03 PortfolioTEME CID PM (PRF_PM2) SymRept 6.41.202a ITEM NO. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: November 18, 2008 SUBJECT: Review of City Conflict of Interest Code RECOMMENDATION: That the City Council: Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE BACKGROUND: Members of the City Council, members of the Planning Commission, the City Manager, the City Attorney, and the City Treasurer are all specifically required by Government Code Section 87200 to file economic disclosure forms each year. The City Council is required by Government Code Section 87300 to adopt a Conflict of Interest Code for the City that designates those other City employees that must file economic disclosure forms because their work involves significant decision making. Government Code Section 87306.5 requires that the Fair Political Practices Commission (FPPC - Code reviewing body) direct each local agency to review its Conflict of Interest Code each even numbered year. If a change were necessitated, an amended Conflict of Interest Code must be submitted to the FPPC. The City Attorney has reviewed the City's Code and has indicated the necessity to amend ExhibitA of the Code (Designated City of Temecula Employees and Disclosure Categories) by adding and deleting the following positions: Add Accounting Manager Pascale Brown Deputy Director of Planning Patrick Richardson Delete Assistant to the City Manager/ HR Director Position upgraded to Deputy City Manager Senior Accountant Position upgraded to Accounting Manager Members of the City Council, members of the Planning Commission, the City Manager, the City Attorney, and the City Treasurer are not listed in the Conflict of Interest Code because all of them are specifically required by Government Code Section 87200 to file economic disclosure forms each year. FISCAL IMPACT: None ATTACHMENTS: Resolution No. 08- RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council finds, determines and declares that: A. Members of the City Council, members of the Planning Commission, the City Manager, the City Attorney, and the City Treasurer are all specifically required by Government Code Section 87200 to file economic disclosure forms each year. B. The City Council is required by Government Code Section 87300 to adopt a Conflict of Interest Code for the City that designates those other City officers and employees that must file economic disclosure forms because their work involves significant decision making. C. The City Council of the City of Temecula has previously adopted a Conflict of Interest Code to apply to certain officers and employees of the City. D. The City Council of the City of Temecula desires to amend the Conflict of Interest Code to update its provisions as required by Government Code Section 87306. Section 2. The Conflict of Interest Code for the City of Temecula is hereby amended in full to read as set forth in Exhibit A, attached hereto and incorporated herein by this reference. Section 3. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 18th day of November, 2008. Mike Naggar, 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 18th day of November, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk SECTION 7. EXHIBIT A DESIGNATED CITY OF TEMECULA EMPLOYEES AND DISCLOSURE CATEGORIES The following positions entail the making or participating in the making of decisions which could have a material effect on financial interests. Designated Position Disclosure Categories Accounting Manager 1 Assistant City Manager 1 Assistant Finance Director 1 Chief of Police 1 City Clerk/Director of Support Services 1 City Engineer/Director of Public Works 1 Construction Manager 1 Consultant * 1 Cultural Arts Administrator 1 Deputy City Manager 1 Deputy Director of Building and Safety 1 Deputy Director of Community Services 1 Deputy Director of Planning 1 Deputy Director of Public Works 1 Development Services Administrator 1 Director of Building and Safety 1 Director of Community Services 1 Director of Finance 1 Director of Housing and Redevelopment 1 Director of Information Systems 1 Director of Planning 1 Director of Public Works 1 Exempt Officials 0 Fire Chief 1 Fiscal Services Manager 1 GIS Administrator 1 Information Systems Administrator 1 Maintenance Superintendent 1 Principal Engineer 1 Principal Planner 1 Property Agent 1 Recreation Superintendent 1 Revenue Manager 1 Senior Accountant 1 Senior Building Inspector 1 Senior Debt Analyst 1 Senior Management Analyst 1 Senior Planner 1 Theater Manager 1 Members of all City Commissions, Boards, and Committees not otherwise required to file Conflict of Interest Statements Members of the Temecula Convention and Visitor's Bureau Board are only required to file in regards to ownership of property. Consultants shall be included in the list of designated employees and shall disclose all of the information required to be disclosed by designated employees subject to the following limitations: The City Manager or his designee may determine in writing that a particular consultant, although a designated position, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirement described in this Section. Such written disclosure shall include a description and based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. The Mayor, City Council, Members of the Planning Commission, City Manager, City Attorney, City Treasurer, and Director of Finance are all required to file disclosure statements pursuant to State Law and are thus not included herein. ITEM NO. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: November 18, 2008 SUBJECT: Request for approval of a one-story height increase for the Truax Building, Planning Application No. PA08-0008, located at the northwest corner of Mercedes and Second Streets PREPARED BY: Matt Peters/Cheryl Kitzerow, Associate Planners RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A HEIGHT INCREASE OF ONE-STORY FOR PLANNING APPLICATION NO. PA08-0008, LOCATED AT THE NORTHWEST CORNER OF MERCEDES AND SECOND STREETS (APNS 922-043-012 AND 922-043-017) BACKGROUND: Planning Application No. PA08-0008 is a Development Plan to construct a four-story, mixed-use building with retail commercial on the first floor, and office space on the second through fourth floors. The proposed building totals 66,000 square feet on a 0.52 acre lot located at the northwest corner of Mercedes and Second Streets. The proposed project was approved by the Planning Commission on September 17, 2008 by a vote of 4-0-1 (Harter absent), with a condition of approval requiring City Council approval of the proposed building height of 66 feet 3 inches and four stories. The architectural design of the building is consistent with the Classic Revival style and faithfully replicates a building constructed in an urban commercial center at the turn of the century. The building is symmetrically arranged with monumental proportion. The building will be concrete tilt-up construction with steel framing internal support. As designed, the fourth story penthouse is set back as much as 28 feet from the street elevations. The Planning Commission discussed the proposed architecture and added a condition of approval requiring the cornice of the fourth-story penthouse to be modified to match the third-story main building cornice, which will further enhance the design. The primary building entrance has been designed as a corner entry at Mercedes and Second Streets. Direct entrances to the ground floor retail are provided along the street. Pedestrian access and amenities are also proposed along the north (existing alley) and west elevations. A covered arcade is also provided along the north (alley) elevation. The proposed building has four stories and a height of 66 feet 3 inches, where the Old Town Specific Plan allows three stories and 50 feet in the TRC zone. However, Section III.F.8 of the Specific Plan allows the City Council to approve increases to the building height limitations. Staff has determined that an increase to the height limitations for the proposed project is justified because the proposed building complies with the architecture and design guidelines and achieves the objectives, goals, and policies of the Old Town Specific Plan as it relates to protecting the street grid pattern, providing pedestrian amenities, providing mixed uses, and exceptional architectural design. FISCAL IMPACT: NIA ATTACHMENTS: Vicinity Map Plan Reductions City Council Resolution Planning Commission September 17, 2008 Staff Report F- C7 r m ProjectSite 41 \ o \ 5`~0 o~aA \ To*1 tiT sT N ~Nr~gGo F,Rgi S~ Ro 0 35 70 140 210 280 Feet ` THE TRUAx BUILDING TRUAX DEVELOPMENT BY alter R. Allen :a r. BY PROJECT VICINITY SITE PHOTOS NORTI IN 'l TOWARDS TIIC SPIT. til )11111-.:\tif 1It17Al '1If I~. I'ItOJi~,I ~I'.tilif. RASI IOWAItM I III: 11ROJI:('1 tillli wvsI I-ROM 'I HE I'R().II,( I till E STYLE & CONCEPT Sol 'I'll (svcovusruer:r) CoIr\I.;I; H NST rmlcm:1:nr<=rit rh.r) Nort•rrr (n i,m) Wr•s'r(r ~a•:u) COLOR ELEVATIONS STREET 1001 rio Q7 0~ CONTACT PSOI'MAIgN rRO,r~cr rtsoraunipN ~s woors:~, ANFA CALCI0.ATIIXIB CORNER OF 2nd AND MERCEDES Q QA CA aill ¢ fi~99 ~ g. 3 d8 LA _G f- F pr-1.0 TW - PRELIMINARY GRADING PLAN THE 7RU4 X BUILDING LOTS 11-16 OF BLOCK 16 MB15 PAGE 726 .w ~..w wrr so 77M FE „rt ~ sscoxo sneer MPRCEO{S S(RFY.i OP'cu RCMw ~I PEM& MAPPEV FWPDPWN u~}a inn U. 1 rtr vu SECTION A IIA~LRNrvMaO ~uNn ~usmm' TGWD SIXIlCE COAL WAL MAD EAP1HWg4/L A03f35dY9 PARCII nGIB6t3 PoIE AHfA wa om sL _ rRrci ,r owner APP[M,'AM¢ n m s ~ -rxy ~ i GaV sELINOnN B moo.., n umFU v~ J FBCIION C Pa~ sN_ sECnox o R~I%~hl~wru auuvm ,um rotes I I 1 1 I 1 DECORATI PAVERS IN ALLEY 1 DECORAT 1 HARDSCA IN COVER ARCADE, 1 STONE Of STAINED CONCRET 1 1 I 1 1 I 1 1 I I J I MERCEDES STREET LANDSCAPEAREA BOO SF HARDSCAPEAREA 2091 ♦#HVnIM BF roruW uwr sEr. s O W AcEHr«Y rue mEr _ w eox oax_ u 11 We /MC.n - swE.c z-e' o. V. (D WFS _ eF0 CwM uMry[ 1 BO _ ..,/ekK , PYVPCC p O 5-4 uu _ meam _ nnx _ - urc pox mEOq-__-_.. OO oE. .m. ve,FS sreL.. rroMC„ as 5 on, I MI a ..a n m. i. 'x.' mnpSNNU rbtu bxEEIFR' xmEEIExY N<.x rp3M 5 <N. A "L a Saaw ^y xs.'cu rm-.,E'r~ureW uFmor vso cra.+rcm v rx+c nozraw. sru - r te Ea rzcwmwr w.nrx - U.na . uw.«wen: - f-f .om ono- So/.,o o.a+H orm c« A -~rao.T' «m rorsF •s~ ors - - O 2 N REVISED m < rx VI= „ Zuo 05 QQ g p ~3 NOTES A~ .1 AS LI, A- mau s wm mmenr wrv umm Ht vm:m'swF p nxcrw•n sumw re. O J J k O LL eg- S (7 O 2 a m o< drawn: V.t checked: VA CRAEnlC SCALE dole: I2-31-0 - - SHEET 1 awl -11 Lt of ISheets PRELIMINARY PLANTING PLAN JOB NO. OJ-132 SP S (TRQ Q g r a .wweac.rauc • m ~~fie MERCEDES STREET t ~n e J , w o NEW MIXED USE ~ ~ - - 4STDRY I , ❑ BUILDING i, i p rz 0~8 - SP-5 (PRE) Y r a s ' ,ocn nsw,aEO,. rowr.v i F1 - SP SO r . r o' o 20 - T:.... .r r. _ ~-Ga j 9 A bd i 6 A , - ¢o Fv Tw a X = - m CLjx ( _ u I STREET SECTION TYP. FOR 2nd AND MERCEDES STREETS r SP-5 (TRQ - - - - - u I _ w i I T i SP -5 F b- SP-5 L r - Alley - SZEd st - - SP-5 (TRQ - - I IGrL ~ ( ° Paseo Momades SL i r ( I PARTIAL BUILDING SECTIONS - ftft 1 I _ _ I I _ L OLD TOWN FRONT STREET SITE PLAN -2.0 I it it {I (I tl ;I !I tl ti I I ii it ti tl ,I it 11 MERCEDES STREET Q a~ fill C .5 MID .C pr-2.1 FLOOR PLAN- FIRST LEVEL !M1-~ t7ij MERCEDESSTREET Q Q~ c ~ a z g. 3 k sl it it it I !I {I it it !I 11 I, r--- i I-- FLOOR PLAN-SECOND LEVEL w °z N c x ~ g~ N S pr-2.2 MERCEDES STREET I I I I F. I I 'I L LI {I jl ;I ;I LI II 'I ;I }I it jl fl If 1.). FLOOR PLAN - THIRD LEVEL E w Cl) Cv N ~r W SCALE. W=,•-0• a a~ ~l3 m 3 0) C_ .5 R 7 I- N s I- pr-2.3 MERCEDES STREET r-- I r F, w w f co 2 N FLOOR PLAN-FOURTH LEVEL f) SCALE: VB•= I W MERCEDES STREET A FNP=TEPEr AND ROOF HEIGHTS ARE ASURED FR OMTHEcowESTGRADE 4I ROOF PLAN aL>,.-,~",.+-I~~ SCALE 1R'=f-0' MERCEDES STREET ELEVATION (EAST) SCALE: 1/8'=1''-0' ELEVATION SCALE: lAC- El E7 Fl p El Second St. Mercedes St. CORNER OF MERCEDES AND 2ND STREET SCALE: b8'=1'-0' a a~ 3 c mg x a N N H pr-3.1 D-) ALLEY ELEVATION (NORTH) SCALE 1I8' = P-0' ED .n..... El ...9 o a aw~~~ o.. n El ewwv,.~ev. [D Q" va.vwwi,.ruw.awn Q Q~ N j fill 3 rn c .5 W x a1 L L pr-3.2 PASEO ELEVATION (WEST) SCALE: Ile' = T.0' ~ J nW.Ma .emu FOB. [Ea ~ a r~h g M d St { erce es . I > i Pasco BUILDING SECTIONA SCALE: W= 1b' t t t i I I I I q BUILDING SECTION B SCALE: W= 1~0' pr-4.0 RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A HEIGHT INCREASE OF ONE-STORY FOR PLANNING APPLICATION NO. PA08- 0008, LOCATED AT THE NORTHWEST CORNER OF MERCEDES AND SECOND STREETS (APNS 922-043-012 AND 922-043-017) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. That the City Council of the City of Temecula does hereby find, determine and declare that: A. On January 14, 2008, Ms. Martina Masarani, representing Walt Allen Architects, filed Planning Application No. PA08-0008, a Development Plan Application in a manner in accord with the City of Temecula General Plan and Development Code. C. The application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law. D. On July 14, 2008, the application was reviewed by the Old Town Local Review Board. E. On September 17, 2008 the Planning Commission considered the Applications at a duly noticed public hearing as prescribed by law, at which time the City staff and other interested persons had an opportunity to, and did testify in either support or opposition to this matter. F. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved the Application subject to and based upon the findings set forth hereunder. G. The City Council considered the request for a height increase to 66 feet 3 inches and four stories on November 18, 2008, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. H. The proposed height increase is consistent with and conforms to the Temecula General Plan, and each element thereof, and the Old Town Specific Plan. Section 2. The Council hereby approves a height increase to sixty-six feet three inches (66'3") for PA 08-0008. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 18th day of November, 2008. Michael S. Naggar, 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 18th day of November, 2008, by the following vote AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: September 17, 2008 PREPARED BY: Cheryl Kitzerow/Matt Peters, Case Planners PROJECT Planning Application Number PA08-0008, a Development Plan to SUMMARY: construct a 66,075 square foot, four-story building with height increase up to 66' 3" with proposed uses to include first floor retail and offices on the second through fourth floors and Planning Application No. PA08-0083, an associated Sign Program which includes a vertical marquee, directional blade signs, wall/frieze building signs, and window signs for the Truax Building located at the northwest corner of Mercedes and Second Streets (APNs 922- 043-012 and 922-043-017) RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15332, Class 32 In-fill Development Projects PROJECT DATA SUMMARY Name of Applicant: Martina Masarani, representing Walt Allen-on behalf of Bernie Truax General Plan Community Commercial (CC) Designation: Zoning Designation: SP-5, Old Town Specific Plan, Tourist Retail Core (TRC) Existing Conditions/ Land Use: Site: North South East: West: Lot Area: Vacant Marine World Building Kids World Preschool/Vacant Vacant Vacant Vacant Existing/Proposed Min/Max Allowable or Required 0.52 N/A for existing legal lots Total Floor Area/Ratio: 64,874 SF/2.9 100% lot coverage Building Height: Four stories/66 feet 3 Four stories/55 feet maximum inches (City Council may approve increases to building height) Parking Required/Provided: None None BACKGROUND SUMMARY On January 14, 2008, Ms. Martina Masarani, representing Walt Allen Architects, submitted Planning Application No. PA08-0008, a Development Plan to construct a 66,000 square foot building with retail commercial on the first floor, and office space on the second through fourth floors. On March 31, 2008, Ms. Martina Masarani, representing Walt Allen Architects, submitted Planning Application No. PA08-0083, a Sign Program for the proposed building. This item was previously scheduled for the August 6, 2008 and August 20, 2008 Planning Commission meetings, but was continued at the applicant's request to allow staff and the applicant additional time to clarify several Public Works Conditions relating to the construction of improvements. Staff has worked with the applicant to ensure that all concerns have been addressed, however the applicant does not accept several Public Works' Conditions of Approval regarding street improvement requirements. ANALYSIS Site Plan The project conforms to the development regulations of the Tourist Retail Core (TRC) zoning district in the Old Town Specific Plan in terms of lot area, lot dimensions, side and rear yard setbacks, and lot coverage. The proposed building is located at the northwest corner of Mercedes and Second Streets. The primary building entrance has been designed as a corner entry at Mercedes and Second Streets. Direct entrances to the ground floor retail are provided along the street. Pedestrian access and amenities are also proposed along the north (existing alley) and west elevations. A covered arcade is also provided along the north (alley) elevation. The Old Town Specific Plan (TRC zoning district) requires a ten-foot front setback which can be reduced to zero feet if an eight-foot continuous arcade is provided. However, Footnote 3 of Table III-2 of the Specific Plan allows the Planning Director to reduce this setback if it is determined that a lesser distance will achieve the streetscape goals of the Specific Plan by providing a well defined street edge that is simple and uncluttered. Staff has determined that a reduced front setback for the proposed project is justified because the proposed building meets the intent of the setback regulations and policies of the Old Town Specific Plan by providing for an active street elevation. The project provides a zero setback along Mercedes and Second Streets. The retail business entrances are all recessed entrances enhanced by proposed awnings. Large retail display windows and landscape planters are provided along these street elevations to provide for an active and enhanced pedestrian experience. In addition, a ten-foot sidewalk is provided along the street frontages within the public right-of-way, along with benches and additional landscaping. The existing alley will be improved with decorative pavers, landscaping and benches. These improvements add to the pedestrian amenities for the project. It is the City's intent to allow for these improvements within the alley by granting an encroachment permit. Should, at some time in the future, the alley be required for vehicular use, the property owner would be required to remove the pedestrian amenities and improve the alley as required by the Public Works Department. 2 The applicant has been conditioned (COA #PL-18) to obtain an easement from the adjacent property to the west in order to provide a minimum 15-foot driveway required to service the trash for the project. As proposed, the applicant will need an easement ranging from two feet to five feet. This easement will need to be in place prior to the City issuing a grading permit for the project. In the event that the easement is not attainable, the 15-foot driveway would need to be accommodated on the project site and the building footprint would be modified accordingly. The applicant is aware of this issue and has agreed to this condition. Architecture The architectural design of the building is consistent with the Classic Revival style identified in the Old Town Specific Plan (page IV-22) and faithfully replicates a building constructed in an urban commercial center at the turn of the century. The building is symmetrically arranged with monumental proportion. The proposed elevations achieve a historic look and overarching design to create a prominent building in Old Town with strong character. The building will be concrete tilt-up construction with steel framing internal support. Dark wainscoting, contrasting rock face textures, frieze band, awnings, and display and spandrel glass provide for variations on the elevations. In addition, a large projecting cornice adds a dramatic cap to the building from the street level. As designed, the fourth story penthouse is setback as much as 28 feet from the street elevations. The proposed awnings, which are encouraged in the Specific Plan (pg. 1V-29) along the first floor will project into the public right-of-way, and as such, an encroachment permit will be required from the Public Works Department. The proposed building has four stories and a height of 66'3", where the Old Town Specific Plan allows three stories and 50 feet in the TRC zone. However, Section III.F.8 of the Specific Plan allows the City Council to approve increases to the building height limitations. Staff has determined that an increase to the height limitations for the proposed project is justified because the proposed building complies with the architecture and design guidelines and achieves the objectives, goals, and policies of the Old Town Specific Plan as relates to "protecting the street grid pattern," "screening mechanical equipment," and "providing mixed uses." The project will be conditioned (COA PL-13) that final approval of this Development Plan is contingent upon City Council approval of the proposed building height of 66 feet 3 inches and four stories. Landscaping Street trees are proposed along Mercedes and Second Streets. Planter boxes are proposed along the building street elevations. Planter pots are proposed along the pedestrian walks at the north and west elevations. The project also proposes to provide benches for the public to sit, relax, and enjoy the Old Town experience along the north (alley), east (Mercedes) and south (Second Street) elevations. Sign Program A Sign Program has been processed concurrently with the Development Plan. The program calls for a vertical marquee sign at the corner of Second and Mercedes Streets to identify the building name (i.e. Truax Building), Frieze/Wall Mounted Signs just above the first floor retail shop windows and awnings (one sign per tenant except corner tenants allowed two), directional/ blade signs, and tenant window signs. The proposed 24-foot vertical marquee sign located above the second floor will project approximately five feet into the public right-of-way, and as such, an encroachment permit will be required from the Public Works Department. The wall mounted signs shall be 30-square foot maximum, and formed by individually cut letters. All sizes, colors, materials, and finishes are consistent with the goals of the Old Town Specific Plan. OLD TOWN LOCAL REVIEW BOARD (OTLRB) The project was presented to the OTLRB on July 14, 2008. At this meeting, the Board expressed support for the project. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on July 26, 2008 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (CEQA Section 15332, Class 32 In-fill Development Projects). FINDINGS Development Plan The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. As conditioned, the proposal is consistent with the General Plan land use policies for Community Commercial (CC) development in the City of Temecula General Plan and the Tourist Retail Core designation in the Old Town Specific Plan. The General Plan has listed the proposed uses, including retail, professional office, and service-oriented businesses, as typical uses in the Community Commercial designation. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Sign Program The proposed signs enhance the development, and are in harmony with, and visually related to all of the signs included in the Sign Program. All of the signs shall be included in the Sign Program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination, sign type, or sign shape. All signage proposed for the Truax Building is included in the Sign Program. The Sign Program allows for a vertical marquee sign at the corner of Second and Mercedes Streets, Frieze/Wall 4 Mounted Signs just above the first floor retail shop windows and awnings, directional/blade signs, and tenant window signs. The sign types provide for visual interest and an upscale theme. The proposed signs enhance the development, and are in harmony with and visually related to the buildings and/or the developments they identify by utilizing materials, color, or design motifs included in the building being identified. The proposed vertical marquee sign is consistent with the period architecture. The wall and window signage is carefully placed to promote the business while maintaining the building's architectural style. The proposed signs enhance the development and are in harmony with and visually related to surrounding development by not adversely affecting surrounding land uses or obscuring adjacent approved signs. The surrounding development will not be adversely affected by the proposed signage. The proposed project is located in Old Town Specific Plan area. Allowing new signs would not adversely affect the surrounding development or neighborhoods, or obscure any adjacent approved signs. The Sign Program accommodates future revisions which may be required due to changes in building tenants. The Development Code allows revisions to Sign Programs either by completing a Minor or Major Modification application to the original Sign Program. New signage or a change in signage will be permitted administratively by the Planning Department. The proposed program satisfies the intent of the sign criteria in the Development Code, except that flexibility is allowed with regards to sign area, number, location, and height. The proposed Sign Program is consistent with the sign standards listed in the Old Town Specific Plan while satisfying the applicant's request in sign variation in sizes, colors, and styles. ATTACHMENTS Vicinity Map Plan Reductions Sign Program PC Resolution Exhibit A - Conditions of Approval Draft CC Resolution Public Correspondence Notice of Public Hearing 5 ITEM NO. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: November 18, 2008 SUBJECT: Tenth Amendment to the Joint Exercise of Powers Agreement Between the City of Temecula and the Riverside County Habitat Conservation Agency PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: That the City Council approve the Tenth Amendment to the Joint Exercise of Powers Agreement between the City of Temecula and the Riverside County Habitat Conservation Agency (RCHCA). BACKGROUND: The RCHCA was formed as a single species habitat conservation plan to ensure the survival of the Stephens' Kangaroo Rat in western Riverside County. The City of Temecula is a member of the Board. The RCHCA Board approved the Tenth Amendment to the Joint Exercise of Powers Agreement (JPA) at its May 15, 2008 meeting. The Amendment provides for the authority of the RCHCA General Manager to enter into agreements that do not exceed $25,000 and to enter into non-substantive amendments that do not change the scope of work or the maximum reimbursable amount of the agreement. Further, the amendment stipulates that the RCHCA Board members must be elected officials and lastly, the JPA has been prepared in a consolidated format that includes all previous amendments. On June 25, 2008 the City of Temecula received a letter from the RCHCA indicating that there were minor errors within the May 15, 2008 version of the Restated and Amended Joint Exercise of Powers Agreement Creating Riverside County Habitat Conservation Agency and included a corrected version for consideration by the City. The attached version for the Council's consideration is the Joint Exercise of Powers, corrected version June 24, 2008. As noted above, the corrected version contains minor adjustments to the text which does not change the substance of the overall Joint Exercise of Powers. FISCAL IMPACT: None ATTACHMENTS: Restated and Amended Joint Exercise of Powers Agreement Corrected Version 6-24-08 RESTATED AND AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY 1. PARTIES AND DATE This Agreement is made by and between THE COUNTY OF RIVERSIDE, THE CITY OF CORONA, THE CITY OF HEMET, THE CITY LAKE ELSINORE, THE CITY OF MORENO VALLEY, THE CITY OF MURRIETA, THE CITY OF PERRIS, THE CITY OF TEMECULA, and THE CITY OF RIVERSIDE, (hereinafter collectively called the "Member Agencies"), for the acquisition, administration, operation and maintenance of land and facilities for ecosystem conservation and habitat reserves for the Stephens' kangaroo rat and other species which have been listed as threatened or endangered or which are candidates for such listing pursuant to the laws of the United States or the State of California. 2. RECITALS AND DEFINITIONS 2.1 Agreement. This Agreement hereby restates the Agreement created on May 15, 1990, and includes all prior amendments thereto as follows: Amendment #1 08/20/1990 Amendment #2 11/06/1990 Amendment #3 04/30/1991 Amendment #4 06/01/1993 Amendment #5 Not Approved Amendment #6 08/01/1995 Unnumbered Amendment 06/03/1997 Amendment #7 02/11/2003 Amendment #8 02/28/2006 Amendment #9 Not Approved This Agreement further amends the Agreement created on May 15, 1990 in the manner set forth herein; 2.2 Parties. Each of the parties hereto is a public agency authorized and empowered to contract for the joint exercise of powers under the Government Code of the State of California. Amended 5/15/08 - Restated and Amended 1 and Amendment #10 thereto Corrected Version 6-24-08 2.3 Power. Each of the Member Agencies has the authority and power to purchase and maintain real property and to establish ecosystem conservation plans, and to design and implement habitat conservation plans for the protection of the Stephens' kangaroo rat and other listed or candidate threatened or endangered species. 2.4 Need. The United States Fish and Wildlife Service (the "Service") has listed the Stephens' kangaroo rat as an endangered species. The California Department of Fish and Game has recommended changing the Stephens' kangaroo rat's status to endangered. In order for the Member Agencies to obtain permits for incidental takings of the Stephens' kangaroo rat and its habitat, the Member Agencies must develop a program for the protection of habitat occupied by the species. This Agreement implements that program and provides for development of a program to protect other listed or candidate threatened or endangered species, and for the establishment and operation of programs to protect habitat required to maintain ecosystems essential for the preservation of species of plants and animals. 3. TERMS 3.1 Creation of Agency. There is hereby created a public agency known as the Riverside County Habitat Conservation Agency, herein called the "Agency". The Agency is formed by this Agreement pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California relating to the joint exercise of powers common to public agencies. For the purposes of this Agreement, the Agency is a public agency separate from the parties hereto and shall be the agency to administer and execute this Agreement. 3.2 Purpose. The purpose of this Agreement is to create a public agency to plan for, acquire, administer, operate, and maintain land and facilities for ecosystem conservation and habitat reserves to implement a habitat conservation plan for the Stephens' kangaroo rat and other listed or candidate threatened and endangered species. 3.3 Powers. In carrying out the purpose of this Agreement, the Agency shall have the following powers: 3.3.1 To make and enter into contracts; 3.3.2 To employ agents, consultants, attorneys and employees; Amended 5/15/08 - Restated and Amended 2 and Amendment 1110 thereto Corrected Version 6-24-08 3.3.3 To acquire property, and any interest in property, both real and personal by purchase, gift, lease, option, grant, bequest, devise or otherwise, and to hold and dispose of such property; 3.3.4 To acquire real property by eminent domain and to delegate its authority to acquire real property by eminent domain to individual Member Agencies; 3.3.5 To conduct and direct studies and to develop and implement plans to complement, modify or supplement the "Short-Term Habitat Conservation Plan for the Stephens' kangaroo rat" and to develop and implement plans for a long-term habitat conservation plan for the Stephens' kangaroo rat; 3.3.6 To undertake programs to protect other listed or candidate threatened or endangered species and for ecosystem conservation; 3.3.7 To incur debts, liabilities, and obligations; 3.3.8 To sue and be sued in its own name; 3.3.9 To employ personnel to operate, maintain, and administer habitat and ecosystem reserves; 3.3.10 To be an applicant, make applications for, and receive grants from governmental and private entities and to participate in State bond issues; 3.3.11 To prepare project reports and applications, to qualify for grants, and to enter into grant contracts and to do all other things necessary to comply with State and Federal laws and regulations with respect to grants; 3.3.12 To borrow or receive advances of funds from the Member Agencies or from such other sources as may be permitted by law; 3.3.13 To contract with the Member Agencies and other parties who operate or will operate ecosystem or habitat conservation reserves; 3.3.14 To issue bonds, notes, warrants and other evidences of indebtedness to finance costs and expenses to carry out the powers of the Agency; 3.3.15 To acquire, hold, and dispose of equipment; and 3.3.16 To exercise all other powers common to the Member Agencies not specifically mentioned above which may be necessary to carry out the purposes of this Agreement. Amended 5/15/08 - Restated and Amended 3 and Amendment #10 thereto Corrected Version 6-24-08 3.4 Effective Date. The Agency was created on May 15, 1990, and this Amended and Restated Agreement shall become effective on the first day following the execution of this Agreement by the last of the Member Agencies. 3.5 Additional Members. In connection with the admission of any additional public agency after formation of the Agency, each of the existing members and the prospective member or members shall execute a memorandum of understanding specifying the obligations of the prospective member for contributions toward past or present Agency expenditures and assets. 3.6 Board of Directors. This Agreement and the Agency created hereby shall be administered by the governing body of the Agency which shall be known as the "Board of Directors of the Riverside County Habitat Conservation Agency" herein called the "Board". The Board shall be composed of one Elected Official from each Member Agency. Each Member Agency shall appoint one Elected Official to serve as the regular representative and shall also appoint an Elected Official to serve as an alternate representative of such Agency to the Board. In the absence of the regular representative of a Member Agency, the alternate representative of such Agency shall, if present, participate in a meeting of the Board the same as if the alternate representative were the regular representative. Members of the Board and their alternates shall be appointed by and shall serve at the pleasure of their appointing body. All voting powers shall reside in the Board. Alternate representatives of Member Agencies may participate in all meetings of the Board except that the Agency's alternate representatives may vote only in the absence of the regular representative of such Agency. 3.6.1 Compensation. Unless prohibited by law from accepting compensation, each regular and alternate member (when performing the duties of a regular member) of the Board shall be compensated at the rate of One Hundred Dollars ($100) per day, for any portion of a day they spend attending to the business of the RCHCA, but not to exceed Four Hundred Dollars ($400) in any given month, along with necessary traveling and personal expenses incurred in the performance of his or her duties as authorized by the Board. Except as hereinabove expressly provided, members of the Board and their alternates shall not be entitled to any other salary or compensation for attendance at or participation in meetings of the Board or for any similar services rendered on behalf of the Agency. 3.7 Meetings of the Board of Directors. Amended 5/15/08 - Restated and Amended 4 and Ammdmmt #10 thereto Corrected Version 6-24-08 3.7.1 Regular Meetings. The Board shall hold at least four regular meetings per year. The dates, hours, and places of the regular meeting shall be set by the Board, and a copy of the meeting schedule shall be furnished to each Member Agency. 3.7.2 Ralph M. Brown Act. All meetings of the Board, including without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code). 3.7.3 Minutes. The Secretary of the Agency shall cause to be kept minutes of all meetings of the Board, shall cause the minutes of all meetings to be approved by the Board, and shall cause a copy of the approved minutes to be forwarded to each member of the Board and to each of the parties hereto. 3.7.4 Voting and Quorum. The total voting power of all seats of the Board shall be 100%. Each regular representative shall have a percentage of the vote equal to the percentage of his or her Member Agency's overall contribution or deemed contribution to the Agency as calculated pursuant to Sections 3.10.1 and 3.10.2 below. A Member Agency's overall contribution to the Agency shall be calculated monthly or on such other periodic basis as the Board may approve. The majority of the number of Directors of the Board shall constitute a quorum of the Board for the transaction of business; provided, however, that in the absence of a quorum the majority of the Directors present at any Board meeting may adjourn until the time fixed for the next regular meeting of the Board. The affirmative vote of at least three Directors constituting more than 50% of the voting strength of the Board as represented in the quorum which is present at that time shall be required for the approval of any actions; provided however, that a numerical majority of the Directors as represented in any such quorum may approve any action unless at least three Directors constituting more than 50% of the voting strength of the Board as represented in such quorum vote to disapprove any such action. 3.8 Officers. The Board shall elect its own officers, which shall include a chairperson, vice-chairperson, secretary, treasurer, and auditor. The chairperson and vice- chairperson shall be members of the Board and the secretary may, but need not, be a member of the Board. Amended 5/15/08 - Restated and Amended 5 and Amendment #10 thereto Corrected Version 6-24-08 3.8.1 Treasurer. The treasurer of the Agency shall be the treasurer of the County of Riverside, who shall be the depositary and have custody of all money of the Agency from whatever sources. 3.8.2 Auditor. The auditor of the Agency shall be the Auditor/Controller of the County of Riverside and shall draw all warrants to pay demands against the Agency approved by the Board. 3.8.3 Other Officers. The Board may appoint a general manager and an attorney for the Agency. The Agency may contract with Member Agencies for the use of employees of the Member Agencies on mutually agreeable terms and conditions. The public officer, officers or persons who have charge of, handle, or have access to any property of the Agency shall file an official bond in an amount to be fixed by the Board. 3.8.4 General Manager. The general manager, if appointed, or such other officer or employee of the Agency to whom the Board delegates such authority, shall have the power to appoint, promote, demote and remove employees of the Agency subject to the provisions of the Agency's approved budget, and subject to such personnel policies as may have been adopted by the Board. The General Manager shall also have the power to enter into Agreements in an amount not to exceed Twenty-Five Thousand dollars ($25,000) per Agreement, per fiscal year, and enter into non-substantive Amendments to such Agreements where there is no change to the maximum obligation amount or the scope of work in the Agreement in accordance with the Riverside County Purchasing Department guidelines. 3.9 Rules and Governine Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. The laws of the State of California applicable to the general law City of Moreno Valley shall govern the Agency in the manner of exercising its powers, subject, however, to such restrictions as are applicable to said city in the manner of exercising such powers, as required by Government Code Section 6509. Should the City of Moreno Valley not be a Member Agency, the laws applicable to the County of Riverside shall be used for purposes of Section 6509. The Board, at its first meeting or as soon thereafter as may be possible, shall adopt such rules and regulations as the Board may deem necessary for the conduct of the Agency's affairs. Among these rules shall be a conflict of interest code and a purchasing ordinance. The Board may, as it deems appropriate, review and revise these rules and regulations. Amended 5/15/08 - Restated and Amended 6 and Amendment #10 th=to Corrected Version 6-24-08 3.10 Contributions/Estimated Budget. 3. 10.1 Contribution of Mitigation Fees. The Member Agencies have imposed a mitigation fee on certain types of development within their jurisdictions to implement the initial habitat conservation program for the Stephens' kangaroo rat. All mitigation fees for the Stephens' kangaroo rat collected by the Member Agencies prior to the effective date of this Agreement, less monies expended by the County for consultants' services and land acquisition, shall be deposited into the treasury of the Agency within sixty (60) days of such effective date. Monies expended by the County for consultants' services and land acquisition for the benefit of the SKR shall be included in the County's overall contribution to the Agency for purposes of calculating the County's percentage vote under Section 3.7.4 above. All mitigation fees collected for the Stephens' kangaroo rat from and after August 24, 2006, shall be forwarded to the Agency for the period of April 1 through June 30 before July 31; for the period of July 1 through September 30 before October 31; for the period of October 1 through December 31 before January 31; and for the period January 1 through March 31 before April 30 of each fiscal year. A. No Withholding. The County and the Cities may not recover the costs of administering the provisions of their SKR Mitigation Fee ordinance using the Local Development Mitigation Fee revenues generated by them through said ordinance. B. Audit. Pursuant to Section 3.12 of the JPA, the County and Cities shall maintain complete and accurate records with respect to all Local Development Mitigation Fees collected under their Local Development Mitigation Fee ordinance. All such records shall be clearly identifiable. The County and Cities shall allow a representative of the Authority during normal business hours to examine, audit, and make transcripts of copies of such records. C. Breach of Obligations. If the County or the Cities fail to remit on at least a quarterly basis as required in Section 3.10.1, above, within 30 days of the due date as set forth herein, any delinquent amounts will be assessed interest at the rate of RCHCA's prevailing rate for invested funds. D. Process for Notification of Delinquency. The following guide for notification of delinquency is established: Amended 5/15/08 - Restated and Amended 7 and Amendment #10 thereto Corrected Version 6-24-08 a. RCHCA staff will notify, in writing, the City Manager of any jurisdiction within 15 days of not receiving a remittance fee within the time period set forth in Section 3.10.1, above. b. After an additional 30 days, RCHCA staff will notify the jurisdiction again with an accompanying invoice for the approximate amount owed plus interest and penalties; c. RCHCA staff will continue this notification until the 90 day mark, at which time RCHCA will determine if an audit of the jurisdictions SKR Mitigation Fee account, general ledger and any other financial data is necessary to determine the amount owed, the cause of the delay, and make any recommendations to resolve the issue; and d. If an audit is required due to irregularities in reporting and remittance the jurisdiction will incur the cost of the audit. 3.10.2 Non-Mitigation Fee Contributions. The Board may accept contributions of property from Member Agencies in lieu of mitigation fees, or with the approval of the Board, a Member Agency may hold and maintain its own property as a contribution to the reserve program. Such property shall count toward a Member Agency's overall contribution for purposes of calculating the Member Agency's percentage vote under Section 3.7.4 above only if approved by the Board and only if held and maintained in accordance with the Agency's rules and regulations for maintenance and operation of reserves. The value of such contributions shall be calculated based upon the agreement of two-thirds of the governing bodies of the Member Agencies or by the Board subject to an independent appraisal ordered by the Board. Funds received from state and federal grants, special assessments, or any other third-party sources also shall be deemed to be contributions of the Member Agencies and shall be used in calculating each Member Agency's percentage vote based on each Member Agency's pro rata share of the approved allocation of take arising from such third-party sources as of the date the funds are received. 3.10.3 Use of Contributions. When approved by the Board, revenues received by the Board, including without limitation, fees and other contributions, may be used to further any of the purposes of the Agency. Amended 5/15/08 - Restated and Amended 8 and Amendment 810 thereto Corrected Version 6-24-08 3.10.4 Budget. No later than May 31 of each year, the Board shall prepare and approve an estimated budget of the amount of money required to implement the habitat reserve program during the ensuing fiscal year. Such estimates shall be based, as nearly as is practicable, on the total land acquisition, land improvement, maintenance, administration, and operation costs during the current fiscal year as such costs are set forth in the then current approved budget for the Agency. The estimated budget of the Agency prepared and approved by the Board shall be forwarded to the governing bodies of the Member Agencies for consideration and approval. The Board's estimated budget shall be deemed the final budget of the Agency upon receipt by the Agency of certified copies of approving resolutions or minute orders from the governing body of each of the Member Agencies. Until such time as formal approval has been received from each Member Agency, the estimated budget shall constitute merely a proposed budget, subject to reconsideration or revisions. If a final budget has not been approved for the Agency by July 1 of each year, the budget for the previous year shall serve as the Agency's working budget for the ensuing fiscal year until a new budget is approved. 3.11 Consultant Contracts. The Agency shall, upon request of the County, accept assignment of all consultant contracts which the County has entered into for the preparation and implementation of the Short-Term and Long-Term Habitat Conservation Plans for the Stephens' kangaroo rat. 3.12 Accounting and Audits. 3.12.1 Fiscal Year. The fiscal year of the Agency shall be from July 1 through the following June 30. 3.12.2 Accounting Procedures and Audit. Full books and accounts shall be maintained for the Agency in accordance with practices established by or consistent with those utilized by the Controller of the State of California for like public agencies. The Auditor of the Agency shall either make, or contract with a certified public accountant to make an annual audit of the account and records of the Agency. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the California Government Code and shall conform to generally accepted auditing standards. A report of the audit shall be filed as a public record with each of the Member Agencies and with the Riverside County Auditor within 30 days of its completion. Such report shall be filed within 12 months of the end of the fiscal year under examination. Amended 5/15/08 - Restated and Amended 9 and Amendment #10 thereto Corrected Version 6-24-08 3.13 Withdrawal. Any Member Agency may withdraw from the Agency by giving the Agency written notice of its withdrawal. Upon withdrawal of any Member Agency from the Agency, the withdrawing member shall not receive any distribution, partial or otherwise, of any cash or other assets of the Agency. 3.14 Dissolution. Upon dissolution of the Agency pursuant to Section 3.18, the assets of the Agency may be distributed in kind or assets may be sold and the proceeds thereof distributed to the members at the time of dissolution; provided, however, that any distribution of assets shall be subject to the prior discharge of enforceable liability incurred by the Agency. Subject to the foregoing, upon dissolution of the Agency, each member shall receive its proportionate share of the assets of the Agency as the same appear on the books of the Agency. Each member's proportionate share shall be based upon such member's contributions to the Agency calculated in accordance with Section 3.10 above. 3.15 Liabilities. Except as provided hereinabove, the debts, liabilities and obligations of the Agency shall be the debts, liabilities and obligations of the Agency alone and not of the parties to this Agreement. 3.16 Indemnification of Member Agencies. Provided that a Member Agency has acted in good faith and in accordance with this Agreement and the Short-Term Habitat Conservation Plan for the Stephens' kangaroo rat, the Agency shall defend, indemnify and hold such Member Agency free and harmless from any loss, liability or damage incurred or suffered by such Member Agency by reason of litigation arising from or as a result of any of the following: the Member Agency's impact mitigation fee ordinance; the Member Agency's participation in the Agency; actions taken to implement the Short- or Long-Term Habitat Conservation Plans for the preservation of the Stephens' kangaroo rat; claims of inverse condemnation or unconstitutional takings against a Member Agency; or any other act performed or to be performed by the Member Agency pursuant to this Agreement, the Short-Term Habitat Conservation Plan for the Stephens' kangaroo rat, or the implementing agreements; provided, however, that such indemnification or agreement to hold harmless pursuant to this Section shall be recoverable only out of Agency assets and not from other Member Agencies. 3.17 Rescission or Termination. Amended 5/15/08 - Restated and Amended 10 and Amendment #10 thereto Corrected Version 6-24-08 3.17.1 Tenn. The Agency shall continue until this Agreement is rescinded or terminated as herein provided or until the duties of the Agency are assumed by a state or regional governmental agency. 3.17.2 Rescission or Termination. This Agreement may be rescinded and the Agency terminated by written consent of all of the Member Agencies evidenced by a certified copy of a resolution of their governing bodies. 3.18 Notices. All notices, statements, demands, requests, consents, approvals, authorizations, agreements, appointments or designations hereunder shall be given in writing and addressed to the principal office of the Agency. 3.19 Validity. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall by any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 3.20 Amendment. This Agreement contains all of the terms and conditions agreed to by and between the parties hereto and shall not be amended except by an agreement in writing signed by not less than two-thirds (2/3) of the total number of Member Agencies comprising at least fifty percent (50%) of the total voting strength of the Board of Directors 3.21 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. 3.22 Assignment. The parties hereto shall not assign any rights or obligations under this Agreement without the written consent of all other parties. 3.23 Additional Documents. The parties hereto agree upon request to execute, acknowledge and deliver all additional papers and documents necessary or desirable to carry out the intent of this Agreement Amendment #1 08/20/1990 Amendment #2 11/06/1990 Amendment #3 04/30/1991 Amendment #4 06/01/1993 Amendment #5 Not Approved Amendment #6 08/01/1995 Amended 5/15/08 - Restated and Ammded 11 and Ammdmmt #10 thereto Corrected Version 6-24-08 Unnumbered Amendment 06/03/1997 Amendment #7 02/11/2003 Amendment #8 02/28/2006 Amendment #9 Not Approved Amended 5/15/08 - Restated and Amended 12 and Amendment #10 thereto RCHCA JPA Signature Page Dated: Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: Mayor CITY OF LAKE ELSINORE By: Mayor CITY OF MORENO VALLEY By: City Clerk Mayor Dated: CITY OF MURRIETA Attest: By: City Clerk Dated: Attest: Mayor CITY OF PERRIS By: City Clerk Mayor Dated: CITY OF RIVERSIDE Attest: By: Amended 5/15/08 - Restated and Amended and Amendment,1I0 thereto 13 CITY OF CORONA By: Mayor CITY OF HEMET By: RCHCA JPA Signature Page City Clerk Dated: Attest: Clerk of the Board Riverside County Counsel Mayor COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors Dated: Attest: City Clerk CITY OF TEMECULA By: Mayor Amended 5/15/08 - Restated and Amended 14 and Amendment #10 thereto ITEM NO. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: November 18, 2008 SUBJECT: Second Amendment to Agreement for Consultant Services with Environmental Science Associates (ESA) for the Santa Margarita Area Annexation Environmental Impact Report (EIR) PREPARED BY: Debbie Ubnoske, Director of Planning RECOMMENDATION: That the City Council approves an Amendment to the Agreement for Consultant Services with ESA in the amount of $20,000 to complete the preparation of an Administrative Final El R including responses to comments for the Santa Margarita Area Annexation. BACKGROUND: On March 6, 2007, the City Council adopted a Resolution requesting the commencement of proceedings to annex approximately 4,977 acres southwest of the City of Temecula. Staff subsequently prepared an Initial Environmental Assessment and a Draft Environmental Impact Report (DEIR). Subsequent to preparation of this DEIR, and in response to the significant amount of comments received by the City on the DEIR, a decision was made to revise the DEIR. On July 29, 2008 the City approved a contract with Environmental Science Associates (ESA) to prepare this revised DEI R. On September 23, 2008 a First Amendment to the Agreement for Consultant Services with ESA was approved to allow ESA to prepare responses to comments received from the Notice of Preparation (NOP) for the revised DEIR and to prepare the Final EIR (FEIR). As work has continued on this FEIR, unanticipated additional work tasks have been identified which need to be included in the FEIR. This second amendment to the agreement for consulting services with ESA is necessary to allow for these new work tasks to be completed as part of the FEIR. FISCAL IMPACT: The additional work to be done will result in an additional cost of $20,000 for a total contract amount of $88,250. Adequate funds are available in the Planning Department's 2008-2009 Budget Line Item 001.161.999.5248, Consulting Services. ATTACHMENTS: Second Amendment to Agreement SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND Envrionmental Science Associtates (ESA) Santa Margarita Area Annexation Environmental Imact Report THIS SECOND AMENDMENT is made and entered into as of November 18, 2008 by and between the City of Temecula ("City"), a municipal corporation, and ESA ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 29, 2008, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement for the Santa Margarita Area Annexation EIR, in the amount of $29,250. b. On September 23, 2008 the City and Consultant entered into the First Amendment entitled "City of Temecula Agreement for the Santa Margarita Area Annexation EIR" in the amount of $39,000. C. The parties now desire to increase the amount of payment and amend the Agreement as set forth in this Amendment. 2. Section 5.a. PAYMENT. Section 5a., Payment, of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The Second Amendment amount shall not exceed Twenty Thousand dollars ($20,000) for additional consulting services for a total Agreement amount of Eighty Eight Thousand Two Hundred Fifty dollars ($88,250). 3. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this [Select] to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT BY Environmental Science Associates Attn: Eric Ruby, Vice President/Regional Director 9191 Towne Center Drive, Suite 340 San Diego, Ca 92122 Phone: 858-638-0900 Fax: 858-638-0920 BY: (Signature) NAME: (Printed Named) TITLE: (Signature) NAME: (Printed Named) TITLE: 2 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 Community .ll.' kS Development November 7, 2008 Mr. Steve Brown Principal Planner City of Temecula Planning Department 43200 Business Park Drive Temecula, CA 92590 9191 Towne Centre Drive Suite 340 San Diego, CA 92122 858.638.0900 phone 858.638.0910 fax Subject: Contract Amendment for Preparation of an Environmental Impact Report for the Santa Margarita Annexation Area, Temecula, California Dear Steve: wW W.esassoc.GOM Pursuant to our recent conversations and due to a variety of circumstances, ESA requires additional funds to cover the work that has been completed on the Santa Margarita Annexation Area Environmental Impact Report, including responding to comments and completion of the Final Environmental Impact Report (FEIR). ESA's initial cost estimate for developing the required CEQA documentation was based on assumptions that the level of effort would be comparable to the documentation developed for other EIRs that we have prepared for similar projects. Several unanticipated issues have arisen during preparation of the Draft Environmental Impact Report (DEIR) that were not included in our original scope of work, including: • The previous DEIR analysis of on-site biological resources prepared by Albert A. Webb Associates required a substantial amount of revisions and additional analyses and fieldwork not previously anticipated in the original July 24, 2008 contract. • The complexity of unknown existing mineral supplies and continued aggregate production for the local area in relation to future traffic and air quality impacts required additional coordination with the City staff, City attorneys and City subconsultants resulting in overall project delays and more time to be spent on project management/coordination and document production. • Additional unused copies of the SEIR submittal were produced by the printers prior to public review of the document. These copies were produced to meet the City's scheduled deadline, but discontinued and unused as a result of last minute additions/revisions received from the City's subconsultants. • An in-depth alternative scenario study and additional reclamation plan analysis was required to thoroughly respond to comments received during the original DEIR public circulation phase. This required additional analysis and coordination with the City's subconsultants resulting in project delays and increased hours spent during production of the DEIR. : ,l Community ~t,'71 ~ Development Mr. Steve Brown November 5, 2008 Page 2 The following tasks/cost estimate (Table 1) outlines the additional cost required complete the CEQA documentation process for the Environmental Impact Report for the Santa Margarita Annexation Area Environmental Impact Report. The cost for this additional work is not to exceed $20,000. The total cost for the original and amended scopes of work now totals $88,250. TABLE 1 CONTRACT AMENDMENT SUMMARY - SANTA MARGARITA ANNEXATION AREA EIR TASK COST Project Management Coordination $ 2,000 Draft/ Final SEIR Preparation $18,000 Total - Contract Amendment - Not to Exceed $20,000 a Document reproduction costs are variable, but can be reduced if copies of all documents are provided by the applicant's reproduction supplier which eliminates ESA's standard mark up on printing expenses. Please review the enclosed contract amendment scope of work and if acceptable, authorize below and return to ESA. We look forward to providing continued professional environmental consulting services to the City of Temecula. Sincerely, Eric J, Ruby Vice President /Regional Director Authorization to Begin Work City of Temecula Date ITEM NO. 9 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: November 18, 2008 SUBJECT: Community Grant Agreement with the Temecula Sister City Association PREPARED BY: Robin Gilliland, Museum Services Manager RECOMMENDATION: That the City Council approve a grant in the amount of $7,500 for the Temecula Sister City Association for fiscal year 2008-2009. BACKGROUND: That the Temecula Sister City Association (TSCA) is a California non- profit corporation that supports cultural exchanges of people and ideas between the citizens of our community and foreign communities. In doing so, the outlook of our citizens is enhanced and Temecula's quality of life improved. The following is a list of guidelines to assist City Administration in their liaison relationship with the Temecula Sister City Association and Sister City sponsored activities. • The City will work in conjunction with the TSCA to promote understanding, friendship and knowledge. • The Temecula Sister City Association is responsible for the development, coordination and implementation of all Sister /City functions, services and special events that occur related to our two Sister Cities: Leidschendam-Voorburg, Netherlands and Nakayama, Japan. This includes coordination of events, special dinners and activities, and travel related services such as gifts, itineraries for visiting dignitaries or travel abroad. • The City will support and encourage the Temecula Sister City program in their efforts to encourage cultural exchange among our Sister Cities. The City will provide a staff liaison that will represent the City of Temecula at Sister City Board Meetings, programs, special events and activities (as deemed appropriate). • The City liaison will coordinate travel abroad to our Sister Cities when City officials or City Council members are involved in the travel. • The City will provide the Temecula Sister City Association with limited funding to provide necessary Sister City activities and functions. The Temecula Sister City Organization will be responsible for monitoring and managing their budget to ensure proper expenditures and accounting of funds for all organized activities and events. • The Citywill provide limited financial supportfor student scholarships for individual students traveling to Nakayama, Japan or Leidschendam-Voorburg, the Netherlands. • The City will coordinate and fund one official dinner and one official welcome reception per year, for a visiting delegation from Nakayama and Leidschendam-Voorburg, when elected officials from the visiting Sister City are in attendance. • The City will provide official City gifts for elected officials visiting from Nakayama and Voorburg, or when City officials are traveling to Nakayama and Leidschendam-Voorburg. • Membership in the Sister City Association is open to all citizens and or business persons of Temecula and others as determined by the TSCA. • The TSCA must provide an annual budget and financial report/records that are available for review by the City. • The City will provide transportation for official delegations both arriving and traveling abroad. • The TSCA is responsible for transportation of all other guests either coming or going to Nakayama, Japan and Leidschendam-Voorburg, the Netherlands. In the past, TSCA has used funds to provide education opportunities such as the Children's Matsuri and Dutch American Heritage Day. There have also been sponsorships provided to both students and adults traveling abroad. TSCA has an active book exchange with Nakayama and for the first time, a toy drive for a Tecate, Mexico orphanage was done in December 2004. FISCAL IMPACT: Funds have been approved and are available in account #001-101- 999-5280. ITEM NO. 1 0 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: November 18, 2008 SUBJECT: Membership Appointment on Riverside County Solid Waste Management Advisory Council PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING REPRESENTATION ON THE RIVERSIDE COUNTY SOLID WASTE MANAGEMENT ADVISORY COUNCIL 2. Direct the City Manager to appoint a representative to the Riverside County Solid Waste Management Advisory Council. BACKGROUND: In March 1999, the County Board of Supervisors (Board) established a Solid Waste Management Advisory Council (Council) to study, review, evaluate and make recommendations to the Board relative to the preparation and future revisions of the County-Wide Integrated Waste Management Plan and its elements as required by AB 939 and subsequent Solid Waste Management legislation. Membership to the Council is set forth in the Board's Resolution establishing the Council and includes one appointed member from each City with a population exceeding 100,000 within the County. The City of Temecula's population does exceed 100,000 and has recently received a letterfrom the General Manager-Chief Engineer of the Riverside County Waste Management Department (RCWMD), inviting the City of Temecula to follow the procedure outlined in the County's Resolution to seek a seat on the Council. The procedures require the City Council to adopt a Resolution certifying City's population. An appointment may then be made either by the City Council or the City Manager to be submitted to the RCWMD along with the certified Resolution. FISCAL IMPACT: There is no fiscal impact with the appointment representative to the Solid Waste Management Advisory Council. ATTACHMENTS: Resolution RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING REPRESENTATION ON THE RIVERSIDE COUNTY SOLID WASTE MANAGEMENT ADVISORY COUNCIL THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. This Resolution is adopted in consideration of the following facts and circumstances: A. The Riverside County Waste Management Department depends upon the Riverside County Solid Waste Management Advisory Council for advice on issues of concern to the county-wide solid waste system. B. Membership on the Advisory Council provides an opportunity to directly influence public debate regarding important solid waste issues. C. City membership on the Advisory Council is limited to cities with populations of at least 100,000 people. D. The City of Temecula is entitled to become a member of the Advisory Council once the City Council certifies the City's population. Section 2. The City Council does hereby certify that the population of the City of Temecula exceeds 100,000 and further declares its desire for the City to be represented on the Riverside County Solid Waste Management Advisory Council. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , , Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ITEM NO. 11 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Information Systems DATE: November 18, 2008 SUBJECT: Approval of the Pre-Qualified Contractors for Structured Data Cable for the Old Town Civic Center, Project No. IS 08-08 (Phase 2) RECOMMENDATION: That the City Council approve the list of data cable vendors, outlined below, as Pre-Qualified installers with CommScope SYSTIMAX certifications and eligible to submit bids for Structured Data Cable for Phase 2 of the Old Town Civic Center Project. BACKGROUND: The Old Town Civic Center Project Phase 2 consists of a new city administration building, City Hall with attached Council Chamber and semi attached auxiliary room. The Civic Center's cabling solution will be the foundation of its technology infrastructure, supporting and outliving most network components. The City recognizes the critical need to be prepared for the explosion of bandwidth absorbing applications, which includes the convergence of voice and video over Internet Protocol (I P) based networks, visual collaboration between conference rooms, and the real-time streaming of visual content. To meet the requirements of these emerging technologies, the City has opted to bid this requirement as a separate contract outside of the domain of the General Contractor to ensure strict adherence to CommScope Cat 6a SYSTIMAX data cabling specifications. These specifications will support the following: 1. First Floor - (4) Telecom Rooms 2. Second Floor - Main Point of Entry (MPOE), Main Datacenter with integrated Telecom Room 3. Third Floor - (2) Telecom Rooms 4. Riser/Feeder Unshielded Twisted Pair (UTP) multi-pair cable from the 2nd floor MPOE to each of the (8) Telecom Rooms and the Parking Structure MPOE. 5. Riser/Feeder Multimode and Singlemode fiber optics cable from the Datacenter to each of the (8) Telecom Rooms and the Parking Structure MPOE. 6. Category 6a, 4-pair station cables for the Telecom Rooms to Telecom (Voice, Data, Wireless Access Point, and Security Camera) Outlets. 7. CATV coax cable from Telecom Rooms to TV outlets. 8. Cabling for overhead paging system 9. Install Singlemode fiber cable in City owned conduit between Old City Hall and the New Parking Structure Main data room. Because of the size and complexity of the project it requires installers that have recent proven experience in the construction of large scale civic center facilities. On August 22, 2008, City Council authorized the Information Systems Departmentto solicit and pre- qualify vendors to perform the structured data cabling work required for Phase 2 of the Old Town Civic Center Project. A Request for Qualifications (RFQ-01) was prepared with a final filing date of October 2, 2008. This RFQ used the Department of Industrial Relations form and was in compliance with Public Contract Code Section 20101. Five vendors responded to the RFQ for which all Five have met the pre-qualification criteria necessary to bid on this project. The pre-qualified contractors are 1. Anderson & Howard Electrical, Inc. Irvine, CA 2. AT&T Anaheim, CA 3. Pinnacle Networking Services, Inc. dba. Glendale, CA 4. TechWorks Poway, CA 5. Volt Telecommunications Group, Inc. Corona, CA Staff is in the process of completing a specification package for Phase 2 structured data cabling of the Old Town Civic Center Project. Once this is completed the Information Systems Department will request Council's approval of the specifications and authorization to solicit bids exclusively from these pre-qualified vendors. FISCAL IMPACT: None. ITEM NO. 12 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: November 18, 2008 SUBJECT: Temecula Valley Clty County Schools Partnership (at the request of Mayor Pro Tern Edwards and Council Member Washington in conjunction with Temecula Valley Unified School District Board President Barbara Tooker) PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO ESTABLISH THE TEMECULA VALLEY CITY COUNTY SCHOOLS PARTNERSHIP. 2. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT EMANCIPATING FOSTER YOUTH THROUGH THE TEMECULA VALLEY CITY COUNTY SCHOOLS PARTNERSHIP. BACKGROUND: The Cities Counties Schools Partnership (CCS Partnership) has, since 1997, been promoting collaborative efforts between local jurisdictions throughout the state of California. They encourage and support the establishment of local CCS Partnerships. The CCS Partnership has called upon all California City Councils, County Board of Supervisors and School Boards to explore their role in addressing the needs of emancipating foster youth in their communities. The Joint City Council/Temecula Valley Unified School District (TVUSD) Standing Committee met on September 23, 2008. Mayor Pro Tern Edwards and Council Member Washington along with TVUSD Board President Barbara Tooker and Supervisor Jeff Stone discussed establishing a local City County Partnership and working together to support emancipating foster youth in the region. Temecula Valley Unified School District is taking these two resolutions forward to their Board for action on November 18, 2008 and Supervisor Stone will also be taking the same resolutions forward to the County Board of Supervisors very soon. This cooperative action is needed because the CCS Partnership Task Force found unacceptable outcomes for emancipating youth in the areas of education, housing, employment, mental and physical health, and within the criminal justice system. California has the largest number of children and youth in foster care of any state in the nation with approximately 80,000 in care and over 4,000 of those youth emancipate from the system each year when they turn 18 years old. This is an increase of 38% since 1998. The statistics for these youth are unfortunate. Foster youth enter the child welfare system through no fault of their own and become wards of the state. We hold a shared responsibility to support safe passage of these youth into adulthood. Only 40% of foster youth in California complete high school. About 70% of youth who emancipate from foster care report wanting to go to college, however, only 10% attend college and only 1 % graduate from college. Youth emancipating from the foster care system need immediate assistance with housing. Within eighteen months of leaving foster care 40-50% of these youths will be homeless. Sixty percent of former foster youth emancipate into destitution, earning incomes at or below $6,000 per year. Also, many of these youth have no health insurance while nearly 50% of foster children suffer from chronic health conditions such as asthma, visual and auditory problems, dental decay and malnutrition. Former foster youth experience Post Traumatic Stress disorder at a rate two times the level of United States war veterans. Currently, 25% of foster youth will be in prison within two years of emancipation. These statistics are staggering and avoidable. The City of Temecula, County of Riverside, and Temecula Valley Unified School District in establishing a partnership can form an ad-hoc task force to report on current conditions of emancipating foster youth in Temecula and develop recommendations for our role in better assisting these children safelytoward productive adulthood. FISCAL IMPACT: There is no fiscal impact to this action. However, staff time will be required. ATTACHMENTS: Resolutions. RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO ESTABLISH THE TEMECULA VALLEY CITY COUNTY SCHOOLS PARTNERSHIP. WHEREAS, the Cities Counties Schools Partnership (CCS Partnership) has, since 1997, been promoting collaborative efforts between local jurisdictions throughout the state of California; and WHEREAS, the California CCS Partnership encourages and supports the establishment of local CCS Partnerships; and WHEREAS, community vitality is affected by local schools, cities and county government; and WHEREAS, cities, counties and schools serve the same population; and WHEREAS, the quality of services of each type of local government, benefits the other two: and WHEREAS, the leadership and policies adopted by each type of government can benefit the other two; and WHEREAS, to achieve improved outcomes, each type of local government has a part of the solution; and WHEREAS, collaboration leverages resources for greater public service; and WHEREAS, it is our shared responsibility and task to provide the best possible future for our next generation; and WHEREAS, local CCS Partnerships avoid duplication of facilities, allow for the enhancement, expansion and sustaining of programs; and creates a united community image; and WHEREAS, collaboration creates a synergy for ongoing community benefit; and WHEREAS, community members are more interested in results than in which government agency is responsible; and WHEREAS, collaboration allows for the mutual sharing of resources, such as time, ideas, staff, facilities and funds, to achieve a goal; and WHEREAS, collaborating allows us to accomplish more collectively than could be accomplished separately; and THEREFORE BE IT RESOLVED by the City of Temecula that they will join the County of Riverside and the Temecula Valley Unified School District in forming the Temecula Valley City County School Partnership to establish greater ongoing synergy and to achieve desired results for our shared residents. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 18th day of November, 2008. Michael S. Naggar, 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 18th day of November, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT EMANCIPATING FOSTER YOUTH THROUGH THE TEMECULA VALLEY CITY COUNTY SCHOOLS PARTNERSHIP. WHEREAS, the Cities Counties and Schools Partnership 2007 Conditions of Children Task Force has called all California City Councils, County Board of Supervisors and School Boards to explore their role in addressing the needs of emancipating foster youth; and WHEREAS, California has the largest number of children and youth in foster care of any state in the nation with approximately 80,000 children in care; and WHEREAS, each year over 4,000 of those youth emancipate from the system as they turn 18 years old, an increase of 38% since 1998; and WHEREAS, foster youth enter the child welfare system through no fault of their own and become wards of the state: and WHEREAS, we hold a shared responsibility to support safe passage of these youth into adulthood; and WHEREAS, the task force found unacceptable outcomes for emancipating youth in the areas of education, housing, employment, mental and physical health, and within the criminal justice system; and WHEREAS, only 40% of foster youth in California complete high school; and WHEREAS, 70% of youth who emancipate from foster care report wanting to go to college, while only 10% attend and less than 1 % graduate from college; and WHEREAS, 65% of emancipating foster youth need immediate housing when they exit the system; and WHEREAS, within 18 months of emancipation 40-50% of former foster youth become homeless; and WHEREAS, 60% of former foster youth emancipate into destitution, earning incomes at or below $6,000 per year; and WHEREAS, 33% of all foster care alumni have no form of health insurance; and WHEREAS, nearly 50% of foster children suffer from chronic health conditions such as asthma, visual and auditory problems, dental decay and malnutrition; and WHEREAS, former foster youth experience Post Traumatic Stress disorder at a rate two times the level of US war veterans; and WHEREAS, currently 25% of foster youth will be in prison within two years of emancipation; and WHEREAS, these unacceptable and costly outcomes must be averted; and WHEREAS, the City of Temecula, the County of Riverside, and the Temecula Valley Unified School District has established the Temecula Valley City County Schools Partnership to collectively address these types of issues; and BE IT RESOLVED by the City of Temecula, that the City of Temecula will join the County of Riverside and the Temecula Valley Unified School District in forming an ad- hoc task force to report on current conditions of emancipating foster youth from our City and develop recommendations for our role in better assisting these children safely toward productive adulthood. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 18th day of November, 2008. Michael S. Naggar, 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 18th day of November, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ITEM NO. 13 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: November 18, 2008 Authorize Temporary Street Closures for Santa's Electric Light Parade on December 5, 2008, and Delegate Authority to issue Special Events/Street SUBJECT: Closures Permit to the Director of Public Works PREPARED BY: Dan York, Deputy Director of Public Works/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM RANCHO CALIFORNIA ROAD TO OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA MONTEZUMA AT DIAZ ROAD FOR SANTA'S ELECTRIC LIGHT PARADE ON DECEMBER 5, 2008, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES. BACKGROUND: A temporary street closure on Jefferson Avenue between Rancho California Road and Overland Drive is necessary to protect participants and viewers at the Santa's Electric Light Parade for a period of a few hours beginning at approximately 5:00 PM on Friday, December 5, 2008. The parade route will be on Jefferson Avenue between Del Rio Road and Overland Drive. However, the portion of Jefferson Avenue between Rancho California Road and Del Rio Road will also be closed to allow for controlled VIP parking. Other streets will also require temporary street closure to facilitate staging and de-staging. These streets include Del Rio Road, Calle Cortez, Las Haciendas Street, Commerce Center Drive, Via Montezuma between Jefferson Avenue and Diaz Road including the low flow crossing through Murrieta Creek, and Overland Drive west of Jefferson Avenue. The roads will re-open shortly after the parade is over with the signal timing re-established. This would minimize traffic effects. Under Vehicle Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations byordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public rights-of-way. This resolution set forth processes for staff reviewing applications, denying approval or approving subject to conditions including events requiring changes in normal traffic patterns, and an appeal process to the City Manager. Howeverthe resolution did not delegate authorityto temporarily close streets for these special events. The subject resolution delegates the authority to approve temporary street closures for the Temecula Community Services Department sponsored "Santa's Electric Light Parade" to the Director of Public Works/City Engineer. All other special events requiring temporary street closures, construction-related closures, etc, shall remain subject to the approval of the City Council subject to rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of necessary warning and advisory devices by the City Maintenance Department, are included in budgetary items. ATTACHMENTS: 1. Resolution No. 08- 2. Parade Route and Limits of Road Closure RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM RANCHO CALIFORNIA ROAD TO OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA MONTEZUMA AT DIAZ ROAD FOR SANTA'S ELECTRIC LIGHT PARADE ON DECEMBER 5, 2008, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The California State Vehicle Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and WHEREAS, The City of Temecula sponsors the annual "Santa's Electric Light Parade", for which such temporary street closures promote the safety and protection of persons using or proposing to use that street or streets for the special event; and WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets for this annual "Santa's Electric Light Parade" on Friday, December 5, 2008; and NOW, WHEREAS, the City Council desires to authorize the Director of Public Works/City Engineer to approve temporary street closures including Jefferson Avenue from Rancho California Road to Overland Drive, Del Rio Road, Calle Cortez, Las Haciendas Street, Commerce Center Drive, Via Montezuma between Jefferson Avenue and Diaz Road including the low flow crossing through Murrieta Creek, and Overland Drive west of Jefferson Avenue on Friday, December 5, 2008 beginning at 5:00 PM for the annual "Santa's Electric Light Parade", and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the Director of Public Works/City Engineer to permit temporary street closures as stated above for the annual "Santa's Electric Light Parade" on Friday, December 5, 2008, and affirms the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 18th day of November. 2008. Michael S. Naggar, 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 regular meeting thereof held on the 18th day of November, 2008, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk Temecula Electric Light Parade Road Closure Road Closure School Bus Parking ea Road Closure L Light Parade Route Staging Parade Route >++,i4 De-Staging 2 1 18 2 Comer of Commerce Center & Via Montezuma r 3 Comer of Via Montezuma & Del Rio 13 I 4 Between #3 & 95 t`~, ~ 5 Comer of Del l Rio & Las Haciendas i • I 6 L & M l j 7 RV Lot f 14 ! j 8 Precision 16 9 Comer of Calle Cortez & Del Rio 10 Bianchi Lot + ' 11 Birdsalls ~ ~ 15 f 14 Temecula Valley Pipe r L 17 i 12 Southwest Christian Church 13 Southwest Christian Church Judging Area / 15 Excel o r vie 17 McDonalds parking lot a f Parkin 16 North of McDonalds L 18 Discount Tire r o + + L, 19 In front of Bianchi 27 20 Handicapped Parking / 21 Sizzler f I 22 Primer-are Ig 23 Holiday Inn Express t9 Road Closure 24 Overland Drive dirt lot 26 Bus Lot rrII 25 Comer of Overland & Commerce Center AR 27 Overflow Parking - Diaz Rd 1 ORN CAIVF O 28 Overflow Parking - Rancho Cal & Diaz Rd RANCH ~ 29 Overflow Parking -Rancho Cal & Business Park ~ ~ 30 Ovnrflnw Parkinn - Rncinocc Park R. Cinnla Clak ITEM NO. 14 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: November 18, 2008 SUBJECT: Acceptance of certain Public Streets into the City-Maintained System within Tract Map Nos. 29798-1, -2, -3, -5, -6, -7, -9, -10, -F (Located southeasterly of the intersection of Pechanga Parkway and Loma Linda Road (within the Wolf Creek Subdivision) PREPARED BY: Daniel A. York, Deputy Director of Public Works/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 29798-1,-2,-3, -5, -6, -7, -9, -10, -F) BACKGROUND: Tract Map Nos. 29798-1, -2, -3, -5, -6, -7, -9, -10, -F were recorded by the County Recorder on the following dates: Tract Map No. 29798-1 Tract Map No. 29798-2 Tract Map No. 29798-3 Tract Map No. 29798-5 Tract Map No. 29798-6 Tract Map No. 29798-7 Tract Map No. 29798-9 Tract Map No. 29798-10 Tract Map No. 29798-F January 27, 2004 January 13, 2004 March 23, 2004 March 23, 2004 April 20, 2004 April 20, 2004 July 13, 2004 July 13, 2004 July 13, 2004 (Tract Maps 29798-4 and 29798-8 street improvements were previously accepted by Council on July 12, 2007). The owners dedicated to public use for street and public utility purposes streets designated as lettered lots on the nine Wolf Creek Development maps. 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 November, 2009. The Labor and Materials Bonds will be released six months into the one-year warranty period in May, 2009. The public streets now being accepted by this action are as follows: Tract 29798-1 Cedar Way, portion of Bayberry Place, Aspen Way, portion of Hickory Place, Beech Court, Spruce Court, Sweetgum Place, and Lilac Way. Tract 29798-2 Hazel Way, Olive Court, Ponderosa Court, Sequoia Court, Basswood Court, and Juniper Place. Tract 29798-3 Alpine Place, Locust Court, Eucalyptus Court, Plum Way, Magnolia Place, and portion of Ironwood Way. Tract 29798-5 Bluebeech Court, portion of Hickory Place, portion of Sweetgum Place, portion of Bayberry Place, Ficus Way, Birch Court, and portion of Cedar Way. Tract 29798-6 Manatee Way, portion of Basswood Court, and portion of Juniper Place. Tract 29798-7 Portion of Ironwood Way, Elm Place, Yellowwood Way, and Honeysuckle Court. Tract 29798-9 Portion of Badger Way, portion of Seagull Way, portion of Hawk Court, and portion of Mallard Way. Tract 29798-10 Portion of Juniper Place, portion of Seastar Place, Moose Court, Bison Court, Peacock Place, Falcon Way, and portion of Badger Way. Tract 29798-F Jaguar Way, Pheasant Place, Hummingbird Way, portion of Mallard Way, and Penquin Place, FISCAL IMPACT: Periodic surface and I or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 08 - with Exhibits "A - B" inclusive. RESOLUTION NO. 08-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT MAP NOS. 29798-1, -2, -3, -5, -6, -7, -9, -10, -F) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Tract Map Nos. 29798-1, -2, -3, -5, -6, -7, -9, -10, -F were recorded by the County Recorder at various dates between January and July of 2004 in which offers of dedication for street and public utility purposes were accepted by the City of Temecula from Standard Pacific Corporation; 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 City Council of the City of Temecula this 18th day of November, 2008. Michael S. Naggar, 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 18th day of November, 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAI N: COU NCI LMEM BERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" TO RESOLUTION NO. 2008 - Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Maps 29798-1, -2, -3, -5, -6, -7, -9, -10, -F into the City-Maintained Street System as described as follows: Tract Map 29798-1 1. Lot "A" (Cedar Way) of said Tract Map No. 29798-1 2. Lot "B" (portion of Bayberry Place) of said Tract Map No. 29798-1 3. Lot "C" (Aspen Way) of said Tract Map No. 29798-1 4. Lot "D" (portion of Hickory Place) of said Tract Map No. 29798-1 5. Lot "E" (portion of Beech Court) of said Tract Map No. 29798-1 6. Lot "F" (Spruce Court) of said Tract Map No. 29798-1 7. Lot "G" (Sweetgum Place) of said Tract Map No. 29798-1 8. Lot "H" (Lilac Way) of said Tract Map No. 29798-1 9. Lot "I" (portion of Beech Court) of said Tract Map No. 29798-1 Tract Map 29798-2 1. Lot "A" (Hazel Way) of said Tract Map No. 29798-2 2. Lot "B" (Olive Court) of said Tract Map No. 29798-2 3. Lot "C" (Ponderosa Court) of said Tract Map No. 29798-2 4. Lot "D" (Sequoia Court) of said Tract Map No. 29798-2 5. Lot "E" (Basswood Court) of said Tract Map No. 29798-2 6. Lot "F" (portion of Juniper Place) of said Tract Map No. 29798-2 Tract Map 29798-3 1. Lot "A" (Alpine Place) of said Tract Map No. 29798-3 2. Lot "B" (Locust Court Place) of said Tract Map No. 29798-3 3. Lot "C" (Eucalyptus Court) of said Tract Map No. 29798-3 4. Lot "D" (Plum Way) of said Tract Map No. 29798-3 5. Lot "E" (Magnolia Place) of said Tract Map No. 29798-3 6. Lot "F" (portion of Ironwood Way) of said Tract Map No. 29798-3 Tract Mar) 29798-5 1. Lot "A" (Bluebeech Court) of said Tract Map No. 29798-5 2. Lot "B" (portion of Hickory Place) of said Tract Map No. 29798-5 3. Lot "C (portion of Sweetgum Place) of said Tract Map No. 29798- 5 4. Lot "D" (portion of Bayberry Place) of said Tract Map No. 29798-5 5. Lot "E" (Fiscus Way) of said Tract Map No. 29798-5 6. Lot "F" (Birch Court) of said Tract Map No. 29798-5 7. Lot "G" (portion of Cedar Way) of said Tract Map No. 29798-5 Tract Map 29798-6 1. Lot "A" (Manatee Way) of said Tract Map No. 29798-6 2. Lot "B" (Basswood Court) of said Tract Map No. 29798-6 3. Lot "C" (portion of Juniper Place) of said Tract Map No. 29798-6 Tract Mar) 29798-7 1. Lot "A" (portion of Ironwood Way) of said Tract Map No. 29798-7 2. Lot "B" (Elm Place) of said Tract Map No. 29798-7 3. Lot "C" (Yellowwood Way) of said Tract Map No. 29798-7 4. Lot "D" (Honeysuckle Court) of said Tract Map No. 29798-7 Tract Map 29798-9 1. Lot "A" (portion of Badger Way) of said Tract Map No. 29798-9 2. Lot "B" (Seagull Way) of said Tract Map No. 29798-9 3. Lot "C" (portion of Hawk Court) of said Tract Map No. 29798-9 4. Lot "D" (portion of Mallard Way) of said Tract Map No. 29798-9 Tract Map 29798-10 1. Lot "A" (portion of Juniper Place) of said Tract Map No. 29798-10 2. Lot "B" (portion of Seastar Place) of said Tract Map No. 29798-10 3. Lot "C" (Moose Court) of said Tract Map No. 29798-10 4. Lot "D" (Bison Court) of said Tract Map No. 29798-10 5. Lot "E" (Peacock Place) of said Tract Map No. 29798-10 6. Lot "F" (Falcon Way) of said Tract Map No. 29798-10 7. Lot "G" (portion of Badger Way) of said Tract Map No. 29798-10 8. Lot "H" (Bison Court) of said Tract Map No. 29798-10 Tract Map 29798-F 1. Lot "A" (portion of Jaguar Way) of said Tract Map No. 29798-F 2. Lot "B" (Pheasant Place) of said Tract Map No. 29798-F 3. Lot "C" (Hummingbird Way) of said Tract Map No. 29798-F 4. Lot "D" (portion of Mallard Way) of said Tract Map No. 29798-F 5. Lot "E" (Penquin Place) of said Tract Map No. 29798-F 1 I =1 I.1 I +I (NI I r I Cpl I I QI ~I I ' f ~I r ~ I N) I I I~ I its, j • I ~ r I I~ I ~ I ~ I I I I aocoRr rtwa[' - - -''Q ; - \ ~ Q~ Itg y ~V\oq 0110 Z " kp Z Ql Lh t C' 1 ~ 3r U 3 ~r •~~z i -sso»_ v / n - I I rr rl ~ w f I r rf Lam- - WOLF VALLEY RI >w <m O Z 0 LO v X 50 W ~O D~ 0M ~ch O DC -v --1 NO CD Z 4 to Z 00 O N O O 00 ITEM NO. 15 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: November 18, 2008 SUBJECT: First Amendment to a Reimbursement Agreement Associated with the Old Town Infrastructure Projects PW06-07 (C & E) PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP David McBride, Senior Engineer RECOMMENDATION: That the City Council approve the First Amendment to the Reimbursement Agreement with the Eastern Municipal Water District (EMWD) in the amount of $55,038.75 for relocation of sewer laterals associated with the Old Town Infrastructure Projects PW06-07 (C & E) and authorize the City Manager to execute the Amendment. BACKGROUND: On April 22, 2008, City Council approved a reimbursement agreement with EMWD, in the amount of $11,700.00, whereby EMWD will reimburse the City for expenses we incur to raise their various sewer facilities to grade as part of our project. While in the process of constructing a storm drain in Fifth Street between Old Town Front Street and Mercedes Street it became apparent that some of EMWD's existing sewer laterals had to be relocated to accommodate our storm drain line. The cost of the work undertaken by our contractor on behalf of EMWD was $55,038.75. This amendment formalizes how the City will be reimbursed by EMWD. FISCAL IMPACT: The recommended actions will provide for $55,038.75 in reimbursement to the City for work undertaken on behalf of EMWD associated with the Old Town Infrastructure Project PW06-07 (C & E). ATTACHMENTS: 1. First Amendment to a Reimbursement Agreement with EMWD FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT BETWEEN CITY OF TEMECULA PROJECT NO. PW06-07(1C) OLD TOWN INFRASTRUCTURE PROJECT MERCEDES AND MAIN STREET IMPROVEMENTS AND EASTERN MUNICIPAL WATER DISTRICT THIS FIRST AMENDMENT AGREEMENT is made and entered into as of November 18, 2008, between the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "CITY" and Eastern Municipal Water District, a public agency organized and existing pursuant to Division 20 of the Water Code of the State of California, hereinafter referred to as "EMWD". In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: This Amendment is made with respect to the following facts and purposes A. On April 22, 2008, the CITY and EMWD entered into that certain agreement entitled "Reimbursement Agreement Between City of Temecula Project No. PW06-07(1 C) Old Town Infrastructure Project Mercedes and Main Street Improvements and Eastern Municipal Water District" ("Agreement") to establish a basis for reimbursement of cost to the CITY by EMWD in the amount of Eleven Thousand Seven Hundred Dollars and No Cents ($11,700.00) foradjusting to grade certain sewer improvements affected by the Project. Section II of the Agreement is hereby amended to include the following: EMWD shall reimburse CITY one hundred percent (100%) of the costs of relocation of sewer laterals located within Fifth Street between Mercedes Street and Old Town Front Street. The cost of these relocations is Fifty Five Thousand Thirty Eight Dollars and Seventy Five Cents ($55,038.75). This cost was established by time and materials work undertaken by the CITYs' CONTRACTOR. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. CAProgram Files (x86)\Neevia.Com\Document ConverterVemp\897631.doc EASTERN MUNICIPAL WATER DISTRICT By: Anthony J. Pack, General Manager ATTEST: By: Rosemarie V. Howell, Board Secretary CITY OF TEMECULA By: Shawn D. Nelson, City Manager By: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk 2 CAProgram Files (x86)\Neevia.Com\Document ConverterVemp\897631.doc ITEM NO. 1 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: November 18, 2008 SUBJECT: Administering Agency-State Agreement for Federal-Aid Projects Master Agreement and Program Supplement Agreements PREPARED BY: Julie Dauer, Sr. CIP Specialist RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY MANAGER TO EXECUTE THE MASTER AGREEMENT ADMINISTERING AGENCY-STATE AGREEMENT NO. 08-5459R AND ALL PERTINENT PROGRAM SUPPLEMENT AGREEMENTS FOR FEDERAL-AID PROJECTS. BACKGROUND: On December 19, 2000 the City Council passed, approved and adopted a resolution to authorize the City Manager to execute the Administering Agency-State Agreement No. 08-5459, dated March 7, 1997 and all pertinent Program Supplement Agreements for Federal Aid Projects. The Master Agreement has now been revised to incorporate various changes in regulations and policies. Due to the changes within the Master Agreement it is necessary to submit a current resolution approving the new Administering Agency-State Agreement and all Program Supplement Agreements for Federal-Aid Projects and to authorize the City Manager to execute the new agreements. The Master Agreement establishes terms and conditions applicable to the city for receiving federal funds from transportation programs including, the Surface Transportation Program (STP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the Transportation Enhancement Program (TE), Highway Safety Improvement Program (HSI P) and the Highway Bridge Program (HBP). The City of Temecula currently has projects incorporated in our Capital Improvement Program for FY2009-2013 which have been awarded federal funds from various transportation programs. Some of these projects include the Main Street Bridge over Murrieta Creek (Replacement) project which is partially funded by the Highway Bridge Program (HBP) (formerly known as Highway Bridge Replacement and Rehabilitation Program -HBRR) and our Pavement Rehabilitation projects on DePortola Road and Rancho California Road and both funded by the Surface Transportation Program (STP). FISCAL IMPACT: If the signed Agreements are not received bythe Department within 90 days of request, funds will be disencumbered and/or de-obligated. No invoices for reimbursement can be processed until the agreement is fully executed. ATTACHMENTS: For review only- Copy of Master Agreement Administering Agency-State Agreement No. 08-5459-R for Federal-Aid Projects Copy of Program Supplement No. N010 for the Pavement Rehabilitation - DePortola Road project. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY MANAGER TO EXECUTE THE MASTER AGREEMENT ADMINISTERING AGENCY-STATE AGREEMENT NO. 08-5459R AND ALL PERTINENT PROGRAM SUPPLEMENT AGREEMENTS FOR FEDERAL-AID PROJECTS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs. These transportation programs include, but are not limited to, the Surface Transportation Program (STP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the Transportation Enhancement Program (TE), Highway Safety Improvement Program (HSIP) and the Highway Bridge Program (H BP) (collectively the "PROGRAMS"); and WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal-aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipient of these federal-aid funds in accordance with the intent of federal law; and WHEREAS, before federal-funds will be made available for a specific program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. That the City Manager is authorized to execute the Master Agreement Administering Agency-State Agreement No. 08-5459R, for Federal-Aid Projects. Section 2. That the City Manager is authorized to execute all Program Supplement Agreements to the Administering Agency-State Agreement No. 08-5459R. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 18 day of November, 2008. Michael S. Naggar, 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 18 day of November, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk MASTER AGREEMENT ADMI.~ZTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS 08 City of Temecula District Administering Agency Agreement No. 08-5459R This AGREEMENT, is entered into effective this day of 2008, by and between the City of Temecula, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE, and together referred to as "PARTIES" or individually as a "PARTY." RECITALS: 1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs. These transportation programs include, but are not limited to, the Surface Transportation Program (STP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the Transportation Enhancement Program (TE), Highway Safety Improvement Program (HSIP) and the Highway Bridge Program (HBP) (collectively the "PROGRAMS"); and 2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal-aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these federal-aid funds in accordance with the intent of federal law; and 3. WHEREAS, before federal-funds will be made available for a specific program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW, THEREFORE, the PARTIES agree as follows: Page 1 of 26 ARTICLE I - PROJECT ADMIN., f RATION 1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project-specific Program Supplement to this AGREEMENT for federal-aid projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY. 2. The term "PROJECT", as used herein, means that authorized transportation related project and related activities financed in part with federal-aid funds as more fully-described in an "Authorization/ Agreement Summary" or "Amendment/Modification Summary", herein referred to as "E-76" or "E-76 (AMOD)" document authorized by STATE or the Federal Highway Administration (FHWA). 3. The E-76/E-76(AMOD) shall designate the party responsible for implementing PROJECT, type of work and location of PROJECT. 4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive federal-aid funds from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these Federal Funds that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY. 5. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future authorizations/obligations and invoice payments for any on-going or future federal-aid project performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing. 6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of Federal Funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT. 7. Federal, State and matching funds will not participate in PROJECT work performed in advance of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project- specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed with the work authorized for that specific phase(s) on the project-specific E-76 or E-76 (AMOD). ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to receiving an E-76 (AMOD) from STATE for that phase(s) unless no Further Federal funds are needed or for those future phase(s). Page 2 of 26 8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the "Request for Authorization". 9. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT. 10. If PROJECT is not on STATE-owned right of way, PROJECT shall be constructed in accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects off the National Highway System (NHS) allow STATE to accept either the STATE's minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY- approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE PROCEDURES. 11. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its' contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities. 12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. 13. If PROJECT is using STATE funds, the Department of General Services, Division of the State Architect, or its designee, shall review the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. 14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed project-specific PROGRAM SUPPLEMENT. Page 3 of 26 15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time employee to be in responsible charge of each PROJECT. 16. ADMINISTERING AGENCY shall submit PROJECT-specific contract award documents to STATE's District Local Assistance Engineer within sixty (60) days after contract award. A copy of the award documents shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY to: Department of Transportation, Division of Accounting Local Programs Accounting Branch, MS #33, PO Box 942874, Sacramento, California 94274- 0001. 17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred eighty(180) days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LOCAL ASSISTANCE PROCEDURES. 18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA. 19. The Congress of the United States, the Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit A attached hereto) and the NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of PROJECT-related work shall incorporate Exhibits A and B (with third party's name replacing ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third parry as verified by ADMINISTERING AGENCY. Page 4 of 26 ARTICLE II - RIGHTS OF WAY 1. No contract for the construction of a federal-aid PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract. 2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limited to, being clear as certified or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of relocation costs and damages to remainder real property not actually taken but injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. 3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from Federal Funds for expenditures incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. 4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State's current LOCAL ASSISTANCE PROCEDURES and STATE's Right-of-Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 5. Whether or not federal-aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, or non-profit organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his/her dwelling or to move his/her business or farm operation without at least ninety (90) days written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide orderly, timely and efficient relocation of PROJECT- displaced persons as provided in 49 CFR, Page 5 of 26 Part 24. 6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, shall also record an Agreement Declaring Restrictive Covenants (ADRC) as a separate document incorporating the assurances included within Exhibits A and B and Appendices A, B, C and D of the AGREEMENT, as appropriate. Page 6 of 26 ARTICLE III - MAINTENANCE AND MANAGEMENT 1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon ADMINISTERING AGENCY's acceptance of the completed federal-aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future federal-aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence. 3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. Page 7 of 26 ARTICLE IV - FISCAL PROVISIONS 1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission (CTC). 2. STATE'S financial commitment of Federal Funds will occur only upon the execution of this AGREEMENT, the authorization of the project-specific E-76 or E-76 (AMOD), the execution of each project-specific PROGRAM SUPPLEMENT, and STATE's approved finance letter. 3. ADMINISTERING AGENCY may submit signed duplicate invoices in arrears for reimbursement of participating PROJECT costs on a monthly or quarterly progress basis once the project-specific PROGRAM SUPPLEMENT has been executed by STATE. 4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six (6) month period 5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. 6. Invoices must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY. 8. An Indirect Cost Rate Proposal and Central Service Cost Allocation Plan and related documentation are to be provided to STATE (Caltrans Audits & Investigations) annually for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for federal reimbursement. 9. Once PROJECT has been awarded, STATE reserves the right to de-obligate any excess Federal Funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD). 10. STATE will withhold the greater of either two (2) percent of the total of all Federal Funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. Page 8 of 26 11. The estimated total cost of PROJECT, the amount of Federal Funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E-76 (AMOD). Federal-aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase. 12. When additional federal-aid funds are not available, ADMINISTERING AGENCY agrees that the payment of Federal Funds will be limited to the amounts authorized on the PROJECT specific E-76 / E-76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds. 13. ADMINISTERING AGENCY shall use its own non-Federal Funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with Federal Funds. STATE shall make the determination of ADMINISTERING AGENCY's cost eligibility for federal fund financing of PROJECT costs. 14. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual. 15. Federal and state funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE. 16. Federal Funds encumbered for PROJECT are available for liquidation for a period of seven (7) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. State funds encumbered for PROJECT are available for liquidation only for five (5) years from the . beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated within these periods will be reverted unless an Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance (per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT. 17. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. 18. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB) Circular A-87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Page 9 of 26 19. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items and (b) those parties shall comply with federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub-recipient receiving PROJECT funds as a contractor or sub-contractor under this AGREEMENT shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 20. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under OMB Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse moneys due STATE within thirty 30 days of demand, or within such other period as may be agreed in writing between the PARTIES hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third-parry source, including but not limited to, the State Treasurer, the State Controller and the CTC. 21. Upon written demand by STATE, any overpayment to ADMINISTERING AGENCY of amounts invoiced to STATE shall be returned to STATE. 22. Should ADMINISTERING AGENCY fail to refund any moneys due STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future ADMINISTERING AGENCY federal-aid projects. 23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. 24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. Page 10 of 26 ARTICLE V AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of ARTICLE V. 2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJECT. The accounting system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters connected with the performance of ADMINISTERING AGENCY's contracts with third parties, ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to ADMINISTERING AGENCY under any PROGRAM SUPPLEMENT. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and ADMINISTERING AGENCY shall furnish copies thereof if requested. 4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of OMB Circular A-133 if it receives a total of $500,000 or more in Federal Funds in a single fiscal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research. 5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with OMB Circular A-133. 6. ADMINISTERING AGENCY shall not award a construction contract over $10,000 or other contracts over $25,000 (excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f) on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. Page 11 of 26 7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of ARTICLE IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING RECORDS RETENTION AND REPORTS, and shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. 8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner as required of all other PROJECT expenditures. 9. In addition to the above, the pre-award requirements of third-party contractor/consultants with ADMINISTERING AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES. Page 12 of 26 ARTICLE VI -FEDERAL LOBBYING ACTIVITIES CERTIFICATION 1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the signatory officer's knowledge and belief, that: A. No federal or state appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or employee of any STATE or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or federal contract, grant, loan, or cooperative contract. B. If any funds other than federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in accordance with the form instructions. C. This certification is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into. Submission of this certification is a prerequisite for making or entering into this AGREEMENT imposed by Section 1352, Title 31, United States Code. Any party who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this certification will be included in all lower tier sub-agreements which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. Page 13 of 26 ARTICLE VII - MISCELLANEOUS PROVISIONS 1. ADMINISTERING AGENCY agrees to use all State funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and the relevant Federal Regulations. 2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE or the federal government. 4. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under the AGREEMENT. No federal or state funds are obligated against this AGREEMENT. 5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT. ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 6. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. 8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE, FHWA or FTA that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT. 9. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this Page 14 of 26 AGREEMENT. 10. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 11. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Officer who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. 12. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT. 13. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 14. Neither STATE nor any officer or employee thereof shall be responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT. 15. STATE reserves the right to terminate funding for any PROJECT upon written notice to ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT, the bonding requirements if applicable, or otherwise violates the conditions of this AGREEMENT and/or PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is significantly endangered. Page 15 of 26 16. No termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably susceptible of cure within said thirty (30) day period, ADMINISTERING AGENCY proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY. 17. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project- specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall prevail over those in this AGREEMENT. 18. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 19. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By City of Temecula By Shawn D. Nelson Chief, Office of Project Implementation Division of Local Assistance Date City Manager City of Temecula Representative Name & Title (Authorized Governing Body Representative) Date to -t(p --o$ Page 16 of 26 EXHIBIT A FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable regulations promulgated thereunder (California code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. 5. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. Page 17 of 26 (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. Page 18 of 26 EXHIBIT B NONDISCRIMINATION ASSURANCES ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS. More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal-aid Program: 1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS. 2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal-aid Program and, in adapted form, in all proposals for negotiated agreements: ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award. 3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS. 4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein. Page 19 of 26 5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith. 6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property. 7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties: Appendix C; (a) for the subsequent transfer of real property acquired or improved under the federal-aid Program; and Appendix D; (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal-aid Program. 8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property. 9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub-grantees, applicants, sub-applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement. 10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance. Page 20 of 26 11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of STATE assisted contracts. ADMINISTERING AGENCY'S DBE Race-Neutral Implementation Agreement is incorporated by reference in this AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved DBE Race-Neutral Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31 USC 3801 es seq.) THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub-applicants, transferees, successors in interest and other participants in the federal-aid Highway Program. Page 21 of 26 APPENDIX A TO EXHIBIT B During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows: (1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. Page 22 of 26 (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. ADMINISTERING AGENCY shall take such action with respect to any sub-agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States. Page 23 of 26 APPENDIX B TO EXHIBI- The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal-aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns. ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (and) * (2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.* * Reverter clause and related language to be used only when it is determined that such a clause is Page 24 of 26 necessary in order to of `uate the purposes of Title VI of the !il Rights Act of 1964. APPENDIX C TO EXHIBIT B The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)` That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 25 of 26 APPENDIX D TO EXHIBIT B The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that: (1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 26 of 26 PROGRAM SUPPLEMENT NO. N010 Date: September 29, 2008 to Location:08-RIV-0-TMCA ADMINISTERING AGENCY-STATE AGREEMENT Project Number:STPL-5459(017) FOR FEDERAL-AID PROJECTS NO. 08-5459R E.A. Number: 08-925006 This Program Supplement hereby incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on / / and is subject to all the terns and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. , approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth on the following pages. PROJECT LOCATION: De Portola Road from Jedediah Smith Road to Margarita Road TYPE OF WORK: Road rehabilitation LENGTH: 1.4 (MILES) Estimated Cost Federal Funds Matching Funds H230 $240,588.00 LOCAL OTHER $1,869,820.00 Q230 $218,402.00 $1,410,830.00 $0.00 $0.00 CITY OF TEMECULA BY .IL Shawn D. Nelson - City Manager Date Attes + Tit Susa Jones, CHCtt- City Clerk STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budged funds are for this encumbrance: Accounting Officer Date 0t VIS $458,990.00 Chapter Statutes Item Year rogram BC Category Fund Source AMOUNT 171 2007 2660-102-890 2007-2008 20.30.010.810 C 262040 892-F 458,990.00 Program Supplement 08- 5459R-NO 10- ISTEA Page 1 of 3 08-RIV-0-TMCA STPL-5459(017) SPECIAL COVENANTS OR REMARKS The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days after the project contract award. A copy of the award package shall also be included with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract to: Department of Transportation Division of Accounting Local Programs Accounting Branch, MS #33 P. O. Box 942874 Sacramento, CA 94274-0001. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 3. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 4. Any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of five (5) years and seven (7) years, respectively, from the start of the fiscal year(s) that those funds were appropriated within the State Budget Act. All project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested and is approved by the California Department of Finance per Government Code Section 16304. The exact date of each fund reversion will be reflected in the approved finance letter(s) issued for this project. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement that is not submitted to the Department on or before 60 days after that applicable fixed fund reversion date will not be paid from that fiscal year's encumbered funds because all of these unexpended funds will be irrevocably reverted by the Department's Division of Accounting on that date. Pursuant to a directive from the State Controller's Office and the Department of Finance, the last date to submit invoices for reimbursed work in each fiscal year is May 15th in order for payment to be made out of those then current appropriations. Project work performed and invoiced after May 15th will be reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and then only when those funds Program Supplement 08-5459R-N010- ISTEA Page 2 of 3 08-RIV-0-TMCA 10/02/2008 STPL-5459(017) SPECIAL COVENANTS OR REMARKS are actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. 5. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. 6. The Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal- assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administrating Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). Program Supplement 08-5459R-N010- ISTEA Page 3 of 3 ITEM NO. 17 ORDINANCE NO. 08-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 15.04.030 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE CALIFORNIA ELECTRICAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 15.04.030 of Chapter 15.04 of Title 15 of the Temecula Municipal Code is hereby amended by adding paragraphs F-J amending California Electrical Code Sections 690.4(A), 690.14(A), 690.14(C)(2), 690.31(e) and 690 Part VI, as follows: "F. 690.4 (A) is hereby amended to read as follows: Only registered California Contractors License Board entities with a valid A, B, C-10 or C-46 contractor license or the property owner shall install solar photovoltaic systems. Valid copies of the entity's City of Temecula Business License and California Contractors License Board license shall be submitted on the plans. Roof mounted systems - Complete plans and substantiating design calculations shall be submitted showing supporting member sizes, dimensions, materials and the loads which will be imposed on the roof structure. Where the supporting framework of the modules or arrays are shown as part of the laboratory approved system, additional design calculations will not be required for the supporting framework of the modules or arrays provided as they are included in the approved listing. Solar photovoltaic modules and/or arrays shall be installed over only one roof covering unless approved by a California licensed engineer for weight and wind uplift loads. Solar systems not installed on roofs - Foundation and/or footings size plans and substantiating design calculations shall be submitted showing supporting member sizes, dimensions, materials and the loads which will be imposed on the foundation or footings. Where the supporting framework of the modules or arrays are shown as part of the laboratory approved system, design calculations will not be required for the supporting framework of the modules or arrays provided they are included in the approved listing. Photovoltaic systems shall be marked for their use. Materials used for marking shall be weather resistant and meet Underwriters Laboratories Marking and Labeling System 969 (UL969) standards for weather rating. RJOrds 2008/Ords 08-10 ACCESS. PATHWAYS AND SMOKE VENTILATION Access and spacing requirements shall be required in order to: • Ensure access to the roof • Provide pathways to specific areas of the roof • Provide for smoke ventilation opportunities area • Provide emergency egress from the roof Designation of ridge, hip, and valley layout does not apply to roofs with 2-in-12 or less pitch. All roof dimensions are measured to centerlines. Roof access points shall be defined as areas where ladders are not placed over openings (i.e., windows or doors) and are located at strong points of building construction and in locations where they will not conflict with overhead obstructions (i.e., tree limbs, wires, or signs). Residential Systems-Single and Two-Unit Residential Dwellings 1. Access/Pathways Residential Buildings with hip roof layouts: Modules shall be located in a manner that provides one (1) three-foot (3') wide clear access pathway from the eave to the ridge on each roof slope where modules are located. The access pathway should be located at a structurally strong location on the building (such as a bearing wall). Residential Buildings with a single ridge: Modules shall be located in a manner that provides two (2) three-foot (3') wide access pathways from the eave to the ridge on each roof slope where modules are located. Hips and Valleys: Modules shall be located no closer than one and one half feet (18 inches) to a hip or a valley if modules are to be placed on both sides of a hip or valley. If the modules are to be located on only one side of a hip or valley that is of equal length then the modules may be placed directly adjacent to the hip or valley. 2. Smoke Ventilation The modules shall be located no higher than three feet (3') below the ridge. Commercial Buildings and Residential Housing comprised of Three (3) or More Units Exception: If the Temecula fire department determines that the roof configuration is similar to residential (such as in the case of townhouses, condominiums, or single family attached buildings), the Temecula fire department may make a determination to apply the residential access and ventilation requirements. 1. Access There shall be a minimum six foot (6') wide clear perimeter around the edges of the roof. RJOrds 2008/Ords 08-10 2 Exception: If either axis of the building is 150 feet or less, there should be a minimum four feet (4') wide clear perimeter around the edges of the roof. 2. Pathways Pathways shall be established in the design of the solar installation and meet the following requirements: a. Located over structural members b. Centerline axis pathways shall be provided in both axis of the roof. Centerline axis pathways shall run on structural members or over the next closest structural member nearest to the center lines of the roof c. Shall be a straight line not less than 4 feet (4') clear to skylights and/or ventilation hatches d. Shall be a straight line not less than 4 feet (4') clear to roof fire standpipes e. Shall provide not less than 4 feet (4') clear around roof access hatch with at least one not less than 4 feet (4') clear pathway to parapet or roof edge 3. Smoke Ventilation a. Arrays shall be no greater than 150 by 150 feet in distance in either axis b. Ventilation options between array sections shall be either: 1. A pathway 8 feet (8') or greater in width 2. 4 feet (4') or greater in width pathway and bordering on existing roof with skylights or ventilation hatches 3. 4 feet (4') or greater in width pathway and bordering four feet (4') x 8 feet (8') "venting cutouts" every 20 feet (20') on alternating sides of the pathway G. Section 690.14 (A) is hereby amended to read as follows: Disconnecting Means - The main electrical panel disconnecting means shall be designed to shut off all power to all conductors inside structure(s). This includes both Solar (Direct Current) and Utility (Alternating Current). H. Section 690.14 (C) (2) is hereby amended to read as follows: Marking Content and Format for Disconnects • Marking content: CAUTION: SOLAR ELECTRIC SYSTEM CONNECTED • Red background • White lettering • Minimum 3/8 inch height • All capital letters • Arial or similar font, non-bold • Reflective, weather resistant material suitable for the environment - Materials used for marking shall be weather resistant and meet Underwriters Laboratories Marking and Labeling System 969 (UL969) standards for weather rating (durable adhesive materials may meet this requirement). RJOrds 2008/Ords 08-10 3 The marking shall be placed immediately adjacent to the main service disconnect in a location clearly visible from the main service disconnect. Section 690.31 (E) is hereby amended to read as follows: Direct-Current Photovoltaic Source and Output Circuits Inside a Building. Where direct current photovoltaic source or output circuits of a utility-interactive inverter from a building-integrated or other photovoltaic system are run inside a building or structure, they shall be contained in metallic raceways or enclosures from the point of penetration of the surface of the building or structure to the first readily accessible disconnecting means. DC wiring shall be installed, to the maximum extent possible, along the bottom of load-bearing members. The disconnecting means shall comply with 690.14(A) through 690.14(D). Conduit, wiring systems, and raceways for photovoltaic circuits shall be located as close as possible to the ridge or hip or valley and from the hip or valley as directly as possible to an outside wall to reduce trip hazards and maximize fire suppression ventilation opportunities. Conduit runs between sub arrays and to DC combiner boxes shall use design guidelines that minimize total amount of conduit on the roof by taking the shortest path from the array to the DC combiner box. The DC combiner boxes are to be located such that conduit runs are minimized in the pathways between arrays. J. Section 690 Part VI is hereby amended to add the following: Marking for Direct Current Conduit, Raceways, Enclosures, Cable Assemblies, and Junction Boxes Marking shall be required on all interior and exterior DC conduit, raceways, enclosures, cable assemblies, and junction boxes. Marking shall be placed every 10 feet, at turns, sweeps, immediately above and/or below penetrations and on all DC combiner and junction boxes. Marking Content and Format for Direct Current Conduit, Raceways, Enclosures, Cable Assemblies, and Junction Boxes • Marking content: CAUTION: SOLAR CIRCUIT • Red background • White lettering • Minimum 3/8 inch height • All capital letters • Arial or similar font, non-bold • Reflective, weather resistant material suitable for the environment - Materials used for marking shall be weather resistant and meet Underwriters Laboratories Marking and RJOrds 2008/Ords 08-10 4 Labeling System 969 (UL969) standards for weather rating (durable adhesive materials may meet this requirement)." Section 2. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 3. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 18t" day of November, 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [S EAL] R:/Ords 2008/Ords 08-10 5 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. 08-10 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 28th day of October, 2008, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 18th day of November, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RJOrds 2008/Ords 08-10 6 TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 18 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT OCTOBER 28, 2008 A regular meeting of the City of Temecula Community Services District was called to order at 8:21 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero ABSENT: 0 DIRECTORS: None Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No reports at this time. CSD CONSENT CALENDAR 12 Minutes RECOMMENDATION: 12.1 Approve the minutes of October 14, 2008. 13 Water System Grant Deed and Water System Construction Agreement with Rancho California Water District for Water Facilities associated with the Murrieta Creek Multi- Purpose Trail Project - Protect No. PW01-27 RECOMMENDATION: 13.1 Approve a Water System Grant Deed with the Rancho California Water District thereby transferring all rights, title, and interests in specific portions of the water system improvements to be constructed as part of the Murrieta Creek Multi-Purpose Trail Project No. PW01-27 to the District, and authorize the General Manager to execute the Deed; 13.2 Approve a Water System Construction Agreement with the Rancho California Water District, and authorize the General Manager to execute the Agreement. MOTION: Director Washington moved to approve the Consent Calendar. Director Edwards seconded the motion and electronic vote reflected unanimous approval. CSD DEPARTMENTAL REPORT No additional comment. RAMinutes\101408 CSD DIRECTOR OF COMMUNITY SERVICES REPORT No report at this time. CSD GENERAL MANAGERS REPORT No report at this time. CSD BOARD OF DIRECTORS REPORTS No additional comments. CSD ADJOURNMENT At 8:22 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, November 18, 2008, at 5:30 p.m. for a Closed Session with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero. President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] RAMinutes\101408 2 ITEM NO. 19 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: November 18, 2008 SUBJECT: Award the Construction Contract for the Temecula Community Center Expansion , Project No. PW06-05 PREPARED BY: William G. Hughes, Director of Public Works Greg Butler, Deputy Director of Public Works - CIP Bill McAteer, Construction Manger RECOMMENDATION: That the Board of Directors; 1. Award a construction contract for the Temecula Community Center Expansion, Project No. PW06-05 to Erickson Hall Construction Company in the amount of $1,184,000.00. 2. Authorize the General Manager to approve change orders not to exceed the contingency amount of $118,400.00, which is equal to 10% of the contract amount. 3. Make a finding that the Temecula Community Center Expansion project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On May 27, 2008, the Board of Directors approved the Construction Plans and Specifications and authorized the Department of Public Works to solicit construction bids for the Temecula Community Center Expansion, Project No. PW06-05. The project involves construction of a 3500+ square foot, single story building with office space, interview rooms and an activity room for the operations of S.A.F.E.(Safe Alternatives For Everyone) Thirteen (13) bids were received and publicly opened on Tuesday, September 30, 2008. The results were as follows: 1. Erickson-Hall Construction Company $ 1,184,000.00 2. Meadows Construction Services, Inc. $ 1,307,000.00 3. Inland Building Construction Companies, Inc. $ 1,318,500.00 4. Schafer Construction $ 1,339,607.00 5. Tovey Shultz Construction, Inc. $ 1,355,000.00 6. Diamond Construction, Inc. $ 1,377,500.00 7. The Whiting-Turner Contracting Company $ 1,415,000.00 8. Construct One, Corporation $ 1,429,953.00 9. Blair Rasmussen Construction, Inc. $ 1,491,000.00 <Engineer's Estimate> $ 1,500,000.00 10. 3 D Construction, Inc. $ 1,506,200.00 11. Hanan Construction Company, Inc. $ 1,574,000.00 12. Sean Malek Engineering & Construction $ 1,977,365.00 13. Pacific International Building Company, Inc. No n Responsive Bidder number 13 was deemed as "non responsive" because of their failure to submit their bid on our forms and in the format required by our plans and specifications (e.g., no bid bond). A copy of the bid summary is available for review in the Director of Public Works office. Bidder number 2 submitted a letter of concern and bidder number 4 submitted a bid protest letter claiming that the low bidders' bid package failed to list the appropriate number of subcontractors and questioning the City's policy regarding authorization of the "or equal" equipment on the project. The objective of the claims were that these issues required that the City declare the low bid "non- responsive" and that they be awarded the contract. The City Attorney's office and staff have thoroughly reviewed their claims relative to what the low bidder submitted and have concluded that their claims are unfounded and that Erickson-Hall is indeed the lowest responsible bidder. The companies making the claims have been informed of our conclusion. Staff has reviewed the bid proposals and found Erickson - Hall Construction Company of Escondido, CA to be the lowest responsible bidder for this project. Based on the documentation submitted with their bid, Erickson - Hall Construction Company has done similar work for other agencies. The specifications allow one hundred eighty (180) working days or approximately nine (9) months for the completion of the project. Since this project is funded, in part, by Community Development Block Grant (CDBG) funds, the bids have been reviewed bythe County of Riverside as administrator of the CDBG program for this Federal program and the District is cleared to award the contract. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90-days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees, as those programs contribute directly to the MSHCP. The Temecula Community Center Expansion site will occupy land previously used as a paved parking lot, therefore there is no new disturbed area subject to the per acre MSHCP fees, thus the project is exempt. FISCAL IMPACT: The Temecula Community Center Expansion project is a Capital Improvement Program and is funded through a Community Development Block Grant, Development Impact Fees and Quimby. Sufficient funds have been allocated within account number 210-190- 197-5804 for the recommended actions. ATTACHMENTS: Project Location Project Description Contract co N O U O N h U ti O 0. H a~ .r, 0 0. PROJECT DESCRIPTION Project Title: TEMECULA COMMUNITY CENTER EXPANSION PRIORITY: 111 Project Type: Description: Department: Scope of Project: Benefit: Infrastructure Add 3,653 square feet of space adjacent to the Temecula Community Center to accommodate additional human services programs. Also includes site preparation, utilities, and tenant improvements for the relocation of the Escalier house and barn. Community Services - Account No. 210.190.197 Project will include the design and construction of an additional 3,653 square feet of office and meeting space. Project will provide additional space for human services for the community. Project Cost: Actuals to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Administration $ 44,967 $ 85,032 Construction $ 6,000 $ 1,783,060 Construction Engineering $ 60,000 Design $ 184,310 $ 104,631 Fixtures/Fum/Equip $ 20,000 Site Work $ 400,000 Totals Source of Funds: CDBG* DIF (Quimby) Total Funding: Total Project Cost $ 129,999 $ 1,789,060 $ 60,000 $ 288,941 $ 20,000 $ 400,000 $ 235,277 $ 2,452,723 $ - $ - $ - $ - $ 2,688,000 $ 235,277 $ 2,052,723 $ 400,000 $ 2,288,000 $ 400,000 $ 235,277 $ 2,452,723 $ - $ - $ - $ - $ 2,688,000 Future 0 & M Cost: $ 1,000 Annually *TCC Expansion Project $1,738,000, and Temecula Community Pantry Project $550,000 127 TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW06-05 TEMECULA COMMUNITY CENTER EXPANSION THIS CONTRACT, made and entered into the 18th day of November, 2008, by and between the Temecula Community Services District of the City of Temecula, a municipal corporation, hereinafter referred to as "DISTRICT", and Erickson-Hall Construction Company, hereinafter referred to as "CONTRACTOR." WITNESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW06-05, TEMECULA COMMUNITY CENTER EXPANSION, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW06-05, TEMECULA COMMUNITY CENTER EXPANSION. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW06-05, TEMECULA COMMUNITY CENTER EXPANSION. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW06-05, TEMECULA COMMUNITY CENTER EXPANSION All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by DISTRICT. 3. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of DISTRICT or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: One Million One Hundred Eighty Four Thousand Dollars and No Cents 1,184,000.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed One Hundred Eighty (180) working days, commencing with delivery of a Notice to Proceed by DISTRICT. Construction shall not commence until bonds and insurance are approved by DISTRICT. 5. CHANGE ORDERS. All change orders shall be approved by the Board of Directors, except that the General Manager is hereby authorized by the Board of Directors to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the Board of Directors. 6. PAYMENTS LUMP SUM BID SCHEDULE: A. Before submittal of the first payment request, the CONTRACTOR shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: B. Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the DISTRICT, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the DISTRICT on forms provided by the DISTRICT. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the General Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The District hereby delegates its authority to reduce the retention to the Director of Public Works. 7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to DISTRICT the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by DISTRICT. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to DISTRICT. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to DISTRICT. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against DISTRICT. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to DISTRICT, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the DISTRICT related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the DISTRICT, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend DISTRICT, CITY, and/or AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the DISTRICT. The CONTRACTOR shall indemnify and be responsible for reimbursing the DISTRICT for any and all costs incurred by the DISTRICT as a result of Stop Notices filed against the project. The DISTRICT shall deduct such costs from Progress Payments or final payments due to the DISTRICT. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to DISTRICT's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any District officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the DISTRICT within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the General Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO DISTRICT OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to DISTRICT. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the DISTRICT. Contractor and Owner do hereby acknowledge that this Contract will be partially or fully funded with Community Development Block Grant (CDBG) funds [24 CFR 570] and is therefore subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations. Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least five (5) years after the expiration of the term of this Agreement. Contractor shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC a-276, a- 5) and the implementation regulations thereof. Contractor shall comply with the U.S. Department of Housing and Urban Development's Federal Labor Standards Provisions (HUD 4010). 17. INSPECTION. The work shall be subject to inspection and testing by DISTRICT and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The DISTRICT and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, office or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the DISTRICT addressed as follows: Mailing Address: Street Address: Greg Butler Greg Butler Deputy Director of Public Works Deputy Director of Public Works City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Temecula, CA 92590 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Erickson-Hall Construction Company 500 Corporate Drive Escondido, CA 92029-1517 760-796-7700 DATED: CITY OF TEMECULA COMMUNITY SERVICES DISTRICT By: Jeff Commerchero. President ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Print or type NAME Print or type TITLE By: Print or type NAME Print or type Title (Signatures of two corporate officers required for Corporations) Peter M. Thorson, City Attorney REDEVELOPMENT AGENCY ITEM NO. 20 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY OCTOBER 28, 2008 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:22 p.m., in the City Council Chambers, at 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: AGENCY MEMBERS Comerchero, Edwards, Naggar, Washington, Roberts ABSENT: 0 AGENCY MEMBERS: None Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS In response to Mr. Doc Laine's query with regard to the actual cost of the construction of the Civic Center, City Manager Nelson again clarified that the total cost of completion will be $44 million. Commenting on the technical difficulties, Mr. Stephen Eldred, Temecula, questioned what measures will be taken to rectify this problem. In light of the technical difficulties, a portion of the public comments was not audible. Continuing with his comments, Mr. Eldred stated that City Council approved the Civic Center on May 11, 2004 and questioned by this item was not placed on the Council agenda. Information Systems Director Thorson confirmed that technical difficulties were occurring with the equipment and that all possible measures will be taken to resolve the matter. Finding the technical difficulties interesting in light of this Council meeting being the last meeting before the election, Mr. Al Rattan, Temecula, commented on his business dealings in Old Town and addressed the filing of a Conflict of Interest complaint with Fair Political Practices Commission with regard to Council Member Comerchero and his association with Rancon. RDA CONSENT CALENDAR 15 Minutes RECOMMENDATION: 15.1 Approve the minutes of October 14, 2008. MOTION: Agency Member Washington moved to approve the Consent Calendar. Agency Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who abstained with regard to Item No. 15. RAMinutes\102808 RDA DEPARTMENTAL REPORT Mr. Al Rattan expressed concern with the minutes not accurately reflecting comments made by Rescue Temecula and commented on Rescue Temecula's goal to provide transparency. RDA EXECUTIVE DIRECTORS REPORT Executive Director Nelson clarified that the approval of the Design Services for a Master Plan for the Civic Center is simply the approval for the design phase of the project, not the approval of the project itself. RDA AGENCY MEMBERS REPORTS No reports at this time. RDA ADJOURNMENT At 8:38 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, November 18, 2008, 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 Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:winutes\102808 ITEM NO. 21 Approvals City Attorney 110 Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director DATE: November 18, 2008 SUBJECT: Professional Services Agreement between Agency and Fehr & Peers PREPARED BY: Luke Watson, Management Analyst RECOMMENDATION: That the Agency Members 1. Approve a Professional Services Agreement between the Agency and Fehr & Peers Transportation Consultants for the Old Town Parking Management Plan in the amount of $53,510. 2. Approve a 10% contingency for an amount of $5,351. BACKGROUND: The Old Town Visioning process that was conducted over the summer and fall of 2007 included a workshop on parking issues pertaining to Old Town. The public recommendations that came out of that workshop included the re-survey of the findings made in the February 2007parking study conducted by Fehr & Peers and the development of a comprehensive parking strategy to increase the supply of parking over the long term in Old Town. The re-survey of existing parking supply was completed in the spring of 2008 by Fehr & Peers. The professional services agreement attached hereto addresses the second recommendation of long-term parking supply management. The Old Town Parking Management Plan strategy will be a component of the Old Town Specific Plan Amendment project currently underway. The recommendations of this study will be incorporated into the Old Town Specific Plan as part of that amendment. Selection Process A Request for Proposals was sent out to five (5) consultants with two (2) firms delivering adequate submittals. Of the two firms' submittals, Fehr & Peers' submittal had the lowest cost to the Agency, while still addressing all of the issues presented in the Request for Proposals. Considering that Fehr & Peers has conducted two preliminary parking studies for the Agency and the considerable cost savings of their proposal, staff recommends going forward and entering into a professional services agreement with Fehr & Peers for the preparation of the Old Town Parking Management Plan. Project Description The Old Town Parking Management Plan, as proposed by Fehr & Peers, intends to address the following issues: 1. Successful parking management techniques 2. Current trends in financing parking facilities 3. Potential areas of conflict such as opposition to paying for parking 4. Managing potential parking revenues 5. Developing and engineering Urban street standards 6. Alternative approaches to establishing parking districts 7. Mixed-use development parking standards 8. Current parking technologies The goal of this study is to provide recommendations coupled with a clear action plan with specific trigger points regarding the forecasting of future parking shortfalls, identification of potential sites for expanding parking supply, and identification of the most beneficial and efficient types of parking products (i.e. surface, structure, underground, metered). Fehr & Peer's submittal includes a commitment to be available for public meetings including City Council and Planning Commission meetings. The studywill be conducted overfour (4) months and the delivery date of the draft Old Town Parking Management Plan will coincide with the Old Town Specific Plan Amendment approval process. FISCAL IMPACT: This Professional Services Agreement has a total cost to the Agency of $53,510 plus a 10% contingency amount of $5,351, totaling $58,861. Adequate funds are available in the RDA consulting budget. ATTACHMENTS: Professional Services Agreement Fehr & Peers Old Town Parking Management Plan Proposal AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA REDEVELOPMENT AGENCY AND FEHR & PEERS TRANSPORTATION CONSULTANTS FOR THE OLD TOWN PARKING MANAGEMENT PLAN THIS AGREEMENT is made and effective as of November 18, 2008, between the City a of Temecula Redevelopment Agency, a municipal corporation ("Agency") and Fehr & Peers Transportation Consultants ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on November 18, 2008 and shall remain and continue in effect until tasks described herein are completed, but in no event later than November 18, 2009, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty Three Thousand Five Hundred Ten Dollars and no cents ($53,590.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the City Council. 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 Agency's written authorization is given to Consultant for the performance of said services. C:1Program Files (x86)1Neevia.Com\Document Converterltemp1897884.doc c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 5. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the 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 Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records, shall give Agency the right to examine and audit said books and records, shall permit Agency to 2 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 Agency and may be used, reused or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the Agency, upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the Agency, District, and/or City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the Agency, District and/or City, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the Agency. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No. 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. 3 b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($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. and in aggregate 4) Professional Liability coverage: One million ($1,000,000) per claim c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Agency Manager. At the option of the Agency Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Agency, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The Agency, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Agency, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Agency, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the Agency. 4 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the Agency via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the Agency. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Agency. All endorsements are to be received and approved by the Agency before work commences. As an alternative to the Agency's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the Agency a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the Agency. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against Agency, or bind Agency in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the 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 Agency. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena. b. Consultant shall promptly notify Agency should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with Agency and to provide Agency with the opportunity to review any response to discovery requests provided by Consultant. However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) 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 Agency via U.S. Mail: City of Temecula Redevelopment Agency Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 To Agency via Courier Service 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Fehr & Peers Transportation Consultants 15707 Rockfield Boulevard, Suite 155 Irvine, CA 92618 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Agency Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 6 16. GOVERNING LAW. The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the Agency shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the Agency that no officer or employee of the Agency has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the Agency in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA REDEVELOPMENT AGENCY Ron Roberts, RDA Chairperson ATTEST: Susan W. Jones, MMC, City Clerk/Agency Secretary APPROVED AS TO FORM: Peter M. Thorson, City Counsel CONSULTANT: Fehr & Peers Transportation Consultants 15707 Rockfield Boulevard, Suite 155 Irvine, CA 92618 By: By: Name: Title: [Signatures of Two Corporate Officers Required] 8 EXHIBIT A SCOPE OF WORK The specific elements (scope of work) of this service include: The tasks to be perforated by consultant are outlined in the "Work Program" attached hereto and incorporated herein as though set forth in full. 9 D. WORK PROGRAM Task 1- Existing and Future Conditions Analysis Task 1A- Data Collection From our previous work, we have an extensive amount of data including base maps, aerial photos, parking counts, parking surveys, and parking demand estimates. Our latest parking counts were taken late in 2007 with earlier counts taken in February 2007- We would recommend updating these counts to get a more current set of baseline data, given the comments we received during the Visioning Study related to the use of older data that we had collected. For this new set of data collection, we would recommend updating the counts at the same locations and using the same methodology as was done previously. The use of a consistent methodology will ensure that counts are comparable and can be used to establish a baseline, which would be useful for future planning efforts. Task 1 B- Near-Term Supply and Demand Analvsis In addition to these baseline counts, we will meet with City Staff including the Redevelopment Agency and the Planning Department to identify those projects which are currently proposed within Old Town to determine what the near-term impact to the parking supply and demand would be. According the City Staff, there are several development projects which are currently being processed in addition to the Civic Center. We anticipate that within the near-term, the addition of the Civic Center will significantly change the dynamics of parking operations within Old Town with a significant increase in supply with some corresponding increase in demand. Task 1C- Long-Term Supply and Demand Analysis Using data previously developed in association with the Old Town Vision, we will update our previous estimates of the Long-Term Demand associated with the Buildout of the Old Town area. For purposes of this planning effort, we will prepare updated demand estimates for up to three scenarios, which could vary in terms of parking demand per square feet of new development, total amount of new development, and other considerations. We will also concurrently determine the supply associated with this new development based on the likelihood that some of the new development projects might propose or contain some level of on-site parking. Based on these various scenarios, we will meet with City Staff to determine the appropriate level of long-term supply and demand. Task 1 D- Strategy Development Once we have completed Tasks 1A-1C, we will meet with City Staff to present the results of the analysis. Based on data collected previously and updated information from City Staff regarding recent development 'r 10 We do anticipate that there will be parking deficiencies within Old Town over the long-term as the Old Town Vision is implemented. Parking deficiencies will occur as the result of two related issues. First, existing off- street surface parking may be removed as redevelopment occurs on the various parcels within Old Town. This new development could reduce the available supply if new buildings are constructed on existing off- street parking lots. Second, the development of vacant parcels or redevelopment of existing buildings would create additional demand for parking spaces. To develop strategies needed to address any likely future shortfall, we will apply the following process: • We will first meet with the staff to review the analysis and note both any long-term overall shortfall and what time period this shortfall is expected to occur • We will then identify those locations where additional surface parking could be provided • We will also identify those locations, based on known and proposed developments, where surface or structured parking could be provided as a joint venture between the City and proposed developments. As an example, a joint use facility might include a parking garage built by a large development whereby the City contributes a portion of the construction cost and is allowed to reserve a certain percentage of the garage spaces for public or civic use- • If the surface lots and joint use parking facilities are unable to provide sufficient long-term supply, we will determine how many parking garages are required and approximate locations for those garages To the extent possible, we will use the spreadsheets and other analytical tools that we already prepared for the Old Town Vision to reduce the time and effort needed for this task. Task 2- Draft Old Town Parking Management Plan Once the analysis of existing and future conditions, we will develop the parking management plan. As an initial step, we would recommend holding an informational session with City Staff to talk about parking management plans. This meeting would be followed by the preparation of the Draft Parking Management Plan. Task 2A- Informational Session Given the variety of topics which would be addressed in the Parking Management Plan, we anticipate that the most cost-effective and efficient method of presenting and discussing these topics would be a day long or half- day long work session at the City. We anticipate that this meeting could be attended by City Staff, Fehr & Peers, selected business owners and/or property owners, and other persons as applicable. Topics of discussion at this meeting would include: • Successful parking management techniques (what other cities are doing); what works and I' i r . 11 patterns, we anticipate that there will be sufficient parking overall within Old Town with certain locations (such as along Front Street) where there may be temporary parking deficiencies. • Current technologies in parking payment and parking information systems. For example, the City of Santa Monica maintains a website providing real time information on the availability of parking as shown above. • Current trends in financing parking facilities including payment of capital costs and operations costs. It has been our recent experience that operational costs for parking facilities including lighting, maintenance, and security can be substantial. • Potential areas of conflict related to parking management. For example, our recent experience in the City of Pomona indicated that paying for on-street parking met with significant opposition by the various merchants. • Managing and using any parking revenues. Parking revenues could be allocated to a fund to pay for future parking facilities, pay for travel demand management measures such as bus passes, pay for maintaining the streetscape and lighting, or other uses. As an example, Old Town Pasadena uses funds collected by parking meters to pay for streetscape, maintenance, lighting, and other related items. • Street standards for the roadways within Old Town including curb radii, street width, provision of curb bulb outs, sidewalks, crosswalks, and other related items. We anticipate the need for a significant level of coordination between Fehr & Peers, the Planning Department, and the Public Works Department related to these street standard issues. This coordination could entail one or more separate meetings with these parties subsequent to the initial meeting discussed above. We anticipate that recent research published by Fehr & Peers through the Institute of Transportation Engineers (ITE) could be instrumental in this discussion. • Potential to implement a parking district under two alternative approaches. The first approach would be to for the City to take the lead in establishing and operating the district. The second approach would involve a private party, such as a Merchant's Association, taking the lead on the parking district. Both approaches have been used successfully in Southern California in various communities. • Mixed-use parking standards reflecting the latest research and localized data collected by Fehr & Peers for SANDAG and other agencies in Southern California We expect that a key point of discussion during this meeting would be the issue of parking pricing and how a pricing system might be implemented. During the previous work efforts, there were initial discussions regarding paying for parking; however we anticipate that a more formal evaluation of the need for a parking payment scheme would be needed. We also anticipate that a discussion of paying for parking may also involve high level City staff such as the City Manager or other parties. If requested by City Staff, we will also invite representatives of other cities to attend this meeting to discuss any issues such as parking charges, parking financing, and other related issues. As an example, we anticipate that staff from cities such as Santa Monica, Pasadena, and Pomona could provide input regarding these issues. 'r 12 what does not work. Some example strategies that we might consider would include centralized valet, educational programs addressing use of on-street parking by business owners instead of business patrons, and other applicable items. Once we receive input from City Staff, we will assemble the Draft Old Town Parking Management Plan. This plan will address the following elements: • A statement describing the overall parking management strategy • A management plan for public and private parking • A review of technologies related to parking payment and information and a recommendation of which ones would be applicable to Old Town Temecula • Parking District recommendation (whether a City-led District or a privately operated District would be preferable) • Street standards for Old Town This draft plan will be compiled and submitted to City Staff for their review and comment. We anticipate that the most appropriate way to facilitate review and comment on this plan is to hold another meeting with City Staff where any issues and concerns can be discussed much more effectively through an in-person meeting. TASK 3- DRAFT FINAL OLD TOWN PARKING MANAGEMENT PLAN We will update the Draft Plan following the receipt of any comments from City Staff and prepare a Draft Final Plan. We anticipate that we would present the updated Draft Final Plan to both the Planning Commission and the City Council. TASK 4- FINAL OLD TOWN PARKING MANAGEMENT PLAN Following the receipt of any comments received from the public, Planning Commission, and City Council, we will update the Draft Final Old Town Parking Management Plan to produce a Final Parking Management Plan. 13 Task 26- Prepare Draft Old Town Parking Management Plan EXHIBIT B PAYMENT RATE AND SCHEDULE The specific elements of the (payments rate and schedule) include; The payment rate and schedule outlined by the consultant in the "Cost Estimate" is attached hereto and incorporated herein as though set forth in full. TABLE 1 COST ESTIMATE- OLD TOWN PARKING MANAGEMENT PLAN Tasks Pat Gibson Principal $355 Chris Gray Associate S175 Traffic Engineer 5140 Support Staff $110 Direct Expenses Total ask 1- Existing and Future Condition Analysis Task 1 A- Data Collection 2 16 8 8 S 4,000 $ 9.510 Task 113- Near Term Supply and Demand 2 8 12 4 $ 500 $ 4,730 Task 1C- Long Term Supply and Demand 2 8 12 4 $ 500 $ 4.730 Task 113- Strategy Development 8 16 0 8 $ 500 $ 7,020 Task 2- Draft Parking Management Plan Task 2A- Informational Session 8 24 4 4 $ 500 $ 8,540 Task 213- Prepare Draft Plan 4 16 2 16 $ 500 $ 6,760 Task 3- Final Draft Parking Management Plan 2 16 4 12 $ 500 $ 5,890 Task 4- Final Parking Management Plan 2 16 4 16 $ 500 $ 6,330 Totals 30 120 46 72 S 7.500 S 53,510 Direct Expenses include travel. copying, communication. and parking counts within Old Town 14 ITEM NO. 22 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director DATE: November 18, 2008 SUBJECT: Old Town Parking License Agreement - Munyon RECOMMENDATION: That the Agency Members extend the Old Town License Agreement between the Temecula Redevelopment Agency and Dennis Munyon for an annual amount of $9,500. BACKGROUND: On September 27, 2005, the Redevelopment Agency negotiated a License Agreement with Dennis Munyon for use of a 33 space parking lot located at 28581 Old Town Front Street. The parking lot is accessed off 4th Street and is adjacent to the north side of the Theater. Mr. Munyon's property contains a two story office building. This use, which is predominately a 9-5 weekday operation, has successfully provided for a shared parking arrangement. The license agreement provides public access to the parking lot from 5:00 pm to midnight Monday through Thursday and from 5:00 pm Friday through midnight on Sunday. Mr. Munyon will receive $9, 500 per year for the License. FISCAL IMPACT: The $9,500 annual license fee will be funded from the Agency's Old Town Implementation line item budget, which has adequate funds. ATTACHMENTS: License Agreement First Amendment FIRST AMENDMENT TO OLD TOWN PARKING LICENSE AGREEMENT BETWEEN REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND DENNIS MUNYON THIS FIRST AMENDMENT TO PARKING LICENSE AGREEMENT is made and entered into as of November 18, 2008 and between the Redevelopment Agency of the City of Temecula, a public body corporate and politic ("Agency"), and Dennis Munyon ("Owner"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This First Amendment is made with the respect to the following facts and purposes: a. On September 27, 2005, the Agency and Owner entered into that certain agreement entitled "Old Town Parking License Agreement" ("License Agreement"). follows: b. The parties now desire to extend the term and amend the license fee the License Agreement as set forth in this First Amendment. 2. Section 2, TERM of the License Agreement is hereby amended to read as "2. Term of License. The term of this License Agreement shall be from October 1, 2005 to October 31, 2011. Either party may terminate this License Agreement, with or without cause, on six (6) months prior written notice to the other." 3. Section 3. Section 3, License Fee, of the License Agreement is hereby amended to read as follows: "3. License Fee. Agency shall pay to the Owner the fee of nine thousand five hundred dollars ($9,500) annually for the license. The fee will be paid per calendar quarter in advance on or before the first business day following the end of each calendar quarter beginning January 1, 2009. Within ten business days of the effective date of the First Amendment, Agency shall pay to owner the sum of two thousand three hundred seventy-five dollars ($2,375.00) for the fourth quarter of 2008." 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. CAProgram Files (x86)\Neevia.Com\Document Converter1emp\89F728.1DOC IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. BY: BY: BY: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Ron Roberts, RDA Chairperson ATTEST: Susan W. Jones, MMC, City Clerk/Agency Secretary APPROVED AS TO FORM: Peter M. Thorson, Agency Counsel Attorney Attn: Dennis Munyon 945 N. Los Alisos Road Fallbrook, CA 92028 BY: (Signature) NAME: (Printed Named) CAProgram Files (x86)\Neevia.Com\Document Converter1emp\89Z728.1DOC T J O F JJ ,J, ,J ; JJ , J o JJ oJ, ~ JJ ,J,, JJ nyo r ,{fie J J ~ak~+artc ui~~ am o J? ' J , ~J, of J,J, ,J J~a , JJ ,J,~JJ ,J,J J J a' J, J' J J ' a a J ~ , J JJ a 0 25 50 00 150 200 eet Ogislkelli cm docskheater vicinity_map_ yer.m PUBLIC HEARING ITEM NO. 23 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: November 18, 2008 SUBJECT: Long Range Planning Project No. LR08-0039, Proposed Development Code Amendments Amending Zoning Standards Applicable to Educational Institutions and Schools and Amending the Temecula Municipal Code PREPARED BY: Betsy Lowrey, Junior Planner RECOMMENDATION: That the City Council: Introduce and read by title only an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ZONING STANDARDS APPLICABLE TO EDUCATIONAL INSTITUTIONS AND SCHOOLS AND AMENDING THE TEMECULA MUNICIPAL CODE BACKGROUND: On March 19, 2008, the Planning Commission recommended to the City Council that staff should pursue an amendment to Title 17 of the Temecula Municipal Code in order to remove the distinction in the Development Code that exists between zoning standards for public schools, which includes charter schools, and zoning standards for private schools (kindergarten through grade twelve). The Planning Commission determined all schools should require a Conditional Use Permit (CUP) (except Temecula Valley Unified School District, which is exempt), and not be permitted outright, so that the placement of schools and their relationship to surrounding uses, as well as CEQA impacts, can be analyzed on a case by case basis with each Conditional Use Permit application, except that in the Light Industrial (LI) and Highway Tourist (HT) zones schools altogether should be precluded. On May 13, 2008, the City Council considered the March 19, 2008 Planning Commission recommendations. A motion was made and approved to form an Ad-Hoc Subcommittee consisting of Mayor Pro Tern Maryann Edwards and Council member Chuck Washington to advise staff regarding drafting an Ordinance not only applicable to the zoning standards of private and public schools (and public charter schools), but also to include colleges and universities. Staff met with the Ad-Hoc Subcommittee on June 24, 2008 and presented an overview of the land use requirements mandated at the State level for schools, including traditional and charter public schools, private schools, and public and private colleges and universities in order to clarify how schools are reviewed at the State level in comparison to a Conditional Use Permit review at the City level. The Ad-Hoc Subcommittee determined that private and public schools, to the extent the City has jurisdiction, should be reviewed and processed in the same manner requiring a CUP in all zones; however, noting further discussion by the Planning Commission would be prudent as to whether there are specific Zoning Districts that schools should not be conditionally permitted (such as Light Industrial or Highway Tourist) for further consideration by the City Council. The Ad-Hoc subcommittee also determined that, as a policy, staff should distribute a copy of all future CUP submittals for schools to TVUSD, as well as to the California Department of Transportation- Aeronautics Division, the Airport Land Use Commission, and the California Department of Toxic Substances (in addition to other appropriate outside agencies) to ensure adequate outside agency review for school site proposals. Lastly, the Ad-Hoc Subcommittee directed staff to ensure that vocational and trade schools, such as cosmetology schools and other specialized vocations, would not be subject to the same process as K-12 schools and colleges and universities, since they are viewed more as a business than a conventional school. As a result, the proposed Development Code Amendment is consistent with the Ad-Hoc Subcommittee's directives and the subsequent Planning Commission recommendations on September 17, 2008 as illustrated on the redlined proposal of Development Code amendments attached as Attachment "A." and also described below: 1. All Kindergarten through Grade Twelve (K-12) public and private schools will be processed and reviewed in the same manner by utilizing the existing term "Educational Institution" as redefined to serve as reference for all K-12 schools (public and private) as well as colleges and universities. The term Educational Institution removes any inference within the Development Code that distinguishes public schools from private schools. 2. All "Educational Institutions" within all land use tables of the Development Code (except those exempt by State law) will be required to obtain approval of a Conditional Use Permit (CUP) to ensure that the placement of schools and their relationship to surrounding uses, as well as CEQA impacts, are analyzed on a case by case basis with each CUP application as follows: A. A "C" (for permitted by CUP) shall be placed within all rows where the Description of Use is "Educational Institution" in Neighborhood Commercial (NC), Community Commercial (CC), Service Commercial (SC), Professional Office (PO), and Business Park (BP), except Highway Tourist (HT), and Light Industrial (LI). As requested by the Ad-Hoc Subcommittee, the Planning Commission discussed and concluded (at both the March 19, 2008 and September 18, 2008 meetings) that Highway (HT) and Light Industrial (LI) zones should preclude Educational Institutions altogether within these zones based on the fact that a school is nottypically compatible nor desired uses intended for Light Industrial and Highway Tourist, even with the analysis of a CUP. For example, allowing a school within the Light Industrial zone could potentially prevent a future industrial use that may have hazardous materials from locating nearby a school, even though the zone is intended for light industrial and manufacturing uses. Furthermore, Highway Tourist zones have limited remaining vacant land, and should be reserved for General Plan's intent of commercial development oriented to the needs of tourists. B. A "C" (for permitted by Conditional Use Permit) shall be placed within all rows where the Description of Use is "Educational Institution" in all Planned Development Overlay ("PDO") Districts, except if the PDO District prohibits schools (then it will remain prohibited). It is importantto note that Linfield PDO No. 7 has been revised to require a Conditional Use Permit; however, Linfield has an approved Master Plan Conditional Use Permit for all of their school facilities and this amendmentwill neither affect their entitlement nor preclude Linfield from modifying their existing and legal Conditional Use Permit. 3. Staff has defined the term "School, trade or vocational" and replaced all references to "Schools, business and professional" with "Schools, trade or vocational" to clarify the intent of the Development Code since the terms were used interchangeably and this clarifies its description. The land use permissions will remain the same. 4. Staff has made a few minor clarifications to ensure uniformity throughout the Development Code consistent with these modifications. FISCAL IMPACT: None. ATTACHMENTS: Proposed City Council Ordinance Attachment "A" (a redlined proposal of Development Code Amendments) March 19, 2008 Planning Commission Staff Report and Minutes May 13, 2008 City Council Staff Report and Minutes September 17, 2008 Planning Commission Staff Report and Minutes Notice of Public Hearing ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ZONING STANDARDS APPLICABLE TO EDUCATIONAL INSTITUTIONS AND SCHOOLS AND AMENDING THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The proposed amendments to Title 17 of the Temecula Municipal Code were processed and an environmental review was conducted as required by the California Environmental Quality Act. B. The Planning Commission of the City of Temecula held a duly noticed public hearing on September 17, 2008, to consider the proposed amendments at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to the matter. C. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed amendments, the Planning Commission adopted Resolution No. 08-41 recommending that the City Council approve the proposed amendments to Title 17 of the Temecula Municipal Code. D. On November 18, 2008, the City Council of the City of Temecula held a duly noticed public hearing on the proposed amendments at which time all persons interested in the proposed amendments had the opportunity and did address the City Council on these matters, and following receipt of all public testimony closed the hearing. Section 2. Further Findings. The City Council, in approving the proposed Municipal Code amendments in Long Range Planning Project Number LR08-0039, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The proposed amendments to Title 17 of the Temecula Municipal Code are allowed in the land use designations in which the uses are located, as shown on the land use map, or are described in the text of the General Plan. B. The proposed amendments to Title 17 of the Temecula Municipal Code are in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. C. The proposed amendments to Title 17 of the Temecula Municipal Code are consistent with the General Plan and all applicable provisions contained therein. Section 3. 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 proposed amendments to Title 17 of the Temecula Municipal Code may have a significant effect on the environment. Staff concluded that there is no possibility that the Code amendments may have a significant effect on the environment because the proposed Development Code Amendments are minor policy changes and clarifications to Title 17 of the City of Temecula Municipal Code. Staff has determined that the land use impact for a school does not change based on whether the school is public or private. Since private schools are permitted in certain Zoning Districts where public schools are not permitted and since public schools are permitted in certain Zoning Districts where private schools are not permitted, an Amendment is proposed to establish "Educational Institution" as the term for purposes of maintaining consistency between public and private schools in all zoning districts. Staff has further determined that all Educational Institutions, including kindergarten through grade twelve schools, and colleges and universities, shall be required to process a Conditional Use Permit which will require a site-specific review and CEQA analysis. The proposed Amendment will strengthen the City's ability to conduct a CEQA review for future Educational Institutions since certain Zoning Districts did not previously require a Conditional Use Permit analysis for Educational Institutions whereas the proposed amendment will require that no Educational Institution shall be permitted without analysis of a Conditional Use Permit, which requires a site-specific CEQA review for every application including colleges and universities where the City is the lead agency. These proposed amendments are minor clarifications of the Code and will ensure compliance with CEQA. As such, there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code will have a significant effect on the environment. Section 4. The City Council of the City of Temecula hereby amends subsection 17.34.010.E by replacing the term "Educational institution" to read as follows: ""Educational institution" means a private or public kindergarten through grade twelve school, or college or university, to give general academic instruction." Section 5. The City Council of the City of Temecula hereby amends subsection 17.34.010.S by adding the term "Trade or vocational school" to be inserted alphabetically to read as follows: "Schools, trade or vocational" means a commercial establishment limited to offering specialized instruction in technical, commercial or trade skills, including but not limited to cosmetology school, mechanical school, driving school, real estate or other specialized instruction. This definition does not include a community college or university." Section 6. The City Council of the City of Temecula hereby amends specific sections of Table 17.12.030 by deleting the rows "colleges and universities", "schools, public (elementary, jr. high, high school)" and "Schools, private" in their entirety; deleting the word "(Reserved)" immediately after the subheading "E"; and adding a new row beneath the subheading "E" with "Educational institution" inserted into the Description of Use column and the letter "C" (for conditionally permitted) inserted into the Public/Institutional District (PI) column to read as follows: Table 17.12.030 Schedule of Permitted Uses-Public/Institutional Districts Description of Use Public/Institutional District (PI) E Educational institution C Section 7. The City Council of the City of Temecula hereby amends a specific section of Table 17.08.030 by replacing the row "Religious institution, without a daycare or private school" in its entirety with a new row to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Religious institution, without a day care P P P C P C C center or educational institution I ~ ~ I ~ I Section 8. The City Council of the City of Temecula hereby amends a specific section of Table 17.08.030 by replacing the row "Religious institution, with a private school" in its entirety with a new row to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Religious institution, with an educational C C C C C C - institution Section 9. The City Council of the City of Temecula hereby amends a specific section of Table 17.08.030 by replacing the row "Religious institution, with a daycare" in its entirety with a new row to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Religious institution, with a day care C C C C C C - center Section 10. The City Council of the City of Temecula hereby amends specific sections of Table 17.08.030 by deleting the row "Schools, private (kindergarten through grade 12)" in its entirety. Section 11. The City Council of the City of Temecula hereby amends specific sections of Table 17.08.030 by adding a new row beneath the subheading "E" with "Educational institution" inserted into the Description of Use column and the letter "C" (for conditionally permitted) inserted within the NC, CC, SC, PO and BP columns and a dash (for not permitted) inserted within the HT and LI columns to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP Ll E Educational institution C C - C C C - Section 12. The City Council of the City of Temecula hereby amends a specific section of Table 17.08.030 by replacing the row "Schools, business and professional" in its entirety with a new row to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Schools, trade or vocational - P P P P P C Section 13. The City Council of the City of Temecula hereby amends specific sections of Table 17.24.040 by replacing the rows "Elementary and junior high school", "High school" and "Trade school, business school, adult education" in their entirety with new rows to read respectively as follows: Table 17.24.040 Parking Spaces Required Description of Required Number of Spaces Use Educational Facilities Elementary and 1.5 spaces/classroom, plus 1 space/5 fixed seats in junior high school auditorium, gymnasium or similar public assembly facility (35 (kindergarten SF = 5 fixed seats) through eighth grade) High school (ninth 8 spaces/classroom through twelfth grade) Trade or vocational 2 spaces/3 people based on maximum number of students school and staff, or 1 space/35 SF of instruction GFA Section 14. The City Council of the City of Temecula hereby amends subsection 17.12.050.6.3 to read as follows: "3. The height limits of this section, with the exception of corner visibility areas, shall not apply to fences constructed around recreational facilities within educational institutional properties, public parks and recreation areas, or properties with jail or detention facilities." Section 15. The City Council of the City of Temecula hereby amends subsection 17.10.020.A.1.b.v to read as follows: "v. All animals shall be kept a minimum distance of seventy feet from any adjacent residence, day care center or educational institution, hospital or church that is located on an adjacent property. This requirement applies to the location of corrals, fenced enclosures, barns, stables or other enclosures." Section 16. The City Council of the City of Temecula hereby amends subsection 17.10.020.A.1.d to read as follows: "d. Apiary; provided, that all hives or boxes housing bees shall be placed at least four hundred feet from any public streets or highways, day care center, educational institution, park, property line to a different ownership, or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary. Additionally, a water source shall be provided on-site." Section 17. The City Council of the City of Temecula hereby amends subsection 17.10.020.6.3 to read as follows: "I Businesses selling alcoholic beverages and requiring a conditional use permit shall not be located within five hundred feet of any religious or educational institution, day care center or public park. This distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance to the religious or educational institution, day care center or public park. This requirement shall not apply when the alcohol-selling business and the religious or educational institution, day care center or public park are both located within commercial or industrial zones." Section 18. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.106 by replacing the row "Religious institution, without a daycare or private school" in its entirety with a new row to read as follows: Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District -1 Description of Use PDO-1 Religious institution, without a day care center or educational C institution Section 19. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.106 by replacing the row "Religious institution, with a private school" in its entirety with a new row to read as follows: Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District -1 Description of Use PDO-1 Religious institution, with an educational institution C Section 20. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.106 by replacing the row "Religious institution, with a daycare" in its entirety with a new row to read as follows: Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District -1 Description of Use PDO-1 Religious institution, with a day care center C Section 21. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.106 by deleting the row "Schools, private (kindergarten through grade 12)" in its entirety. Section 22. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.106 by adding a new row beneath the subheading "E" with "Educational institution" inserted into the Description of Use column and a dash (for use prohibited in the district) inserted into the PDO-1 column to read as follows: Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District -1 Description of Use PDO-1 E Educational institution - Section 23. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.106 by replacing the row "Schools, business and professional" in its entirety with a new row to read as follows: Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District -1 Description of Use PDO-1 Schools, trade or vocational - Section 24. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.126 by replacing the row "Religious institution, without a daycare or private school" in its entirety with a new row to read as follows: Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas and Winchester Roads Planned Development Overlav District - 3 Description of Use PDO-3 Religious institution, without a day care center or educational C institution Section 25. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.126 by replacing the row "Religious institution, with a private school" in its entirety with a new row to read as follows: Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas and Winchester Roads Planned Development Overlav District - 3 Description of Use PDO-3 Religious institution, with an educational institution - Section 26. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.126 by replacing the row "Religious institution, with a daycare" in its entirety with a new row to read as follows: Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas and Winchester Roads Planned Development Overlav District - 3 Description of Use PDO-3 Religious institution, with a day care center - Section 27. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.126 by deleting the row "Schools, private (kindergarten through grade 12)" in its entirety. Section 28. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.126 by adding a new row beneath the subheading "E" with "Educational institution" inserted into the Description of Use column and the letter "C" (for permitted by conditional use permit in the district) inserted into the PDO-3 column to read as follows: Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas and Winchester Roads Planned Development Overlay District - 3 Description of Use PDO-3 E Educational institution C Section 29. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.126 by replacing the row "Schools, business and professional" in its entirety with a new row to read as follows: Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas and Winchester Roads Planned Development Overlav District - 3 Description of Use PDO-3 Schools, trade or vocational _ Section 30. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.1366 by replacing the row "Religious institution, without a daycare or private school" in its entirety with a new row to read as follows: Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District - 4 Description of Use PDO-4R PDO_4V Religious institution, without a day care center or educational C - institution Section 31. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.1366 by replacing the row "Religious institution, with a private school" in its entirety with a new row to read as follows: Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Develonment Overlav District - 4 Description of Use PDO-4R PDO-4V° Religious institution, with an educational institution C - Section 32. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.1366 by replacing the row "Religious institution, with a daycare" in its entirety with a new row to read as follows: Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Develoament Overlav District - 4 Description of Use PDO-4 PDO-4V° Religious institution, with a day care center C - Section 33. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.136B by deleting the row "Schools, private (kindergarten through grade 12)" in its entirety. Section 34. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.136B by adding a new row beneath the subheading "E" with "Educational institution" inserted into the Description of Use column and a dash "-"(for use prohibited in the district) inserted into the PDO-4 and PDO-4V columns to read as follows: Table 17.22.13613 Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District - 4 Description of Use PDO-4 PDO_4V6 E Educational institution - - Section 35. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.1366 by replacing the row "Schools, business and professional" in its entirety with a new row to read as follows: Table 17.22.13613 Schedule of Permitted Uses Temecula Creek Village Planned Development Overlav District - 4 Description of Use PDO-4 PDO-4V° Schools, trade or vocational - - Section 36. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.1866 by deleting the specific rows "Schools, private", "Schools, public (elementary, jr. high, high school)" and "Colleges and universities" in their entirety. Section 37. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.1866 by deleting the word "(Reserved)" immediately after the subheading "E" and adding a new row beneath the subheading "E" with "Educational institution" inserted into the Description of Use column and the letter "C"(far permitted by conditional use permit in the district) inserted into the columns entitled Area 1A & B (El), Area 2 (ER) and Area 3 (PI) to read as follows: Table 17.22.18613 Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District - 7 Description of Use Area Description of Use Area 1A 2 re a Area 3 & 1B L R ) (PI) (El) E Educational institution C C C Section 38. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.1866 by replacing the row "Schools, business and professional" in its entirety with a new row to read as follows: Table 17.22.18613 Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District - 7 Description of Use Area Description of Use Area 1A Area 2 Area 3 &1B (ER) (PI) (El) Schools, trade or vocational C C C Section 39. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.196 by replacing the row "Religious institution, without a daycare or private school" in its entirety with a new row to read as follows: Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District - 8 Description of Use PDO-8 Religious institution, without a day care center or educational C institution Section 40. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.196 by replacing the row "Religious institution, with a private school" in its entirety with a new row to read as follows: Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlav District - 8 Description of Use PDO-8 Religious institution, with an educational institution - Section 41. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.196 by replacing the row "Religious institution, with a daycare" in its entirety with a new row to read as follows: Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned District - 8 Description of Use PDO-8 Religious institution, with a day care center - Section 42. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.196 by deleting the row "Schools, private (kindergarten through grade 12)" in its entirety. Section 43. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.196 by adding a new row beneath the subheading "E" with "Educational institution" inserted into the Description of Use column and a dash (for use is prohibited in the district) inserted into the PDO-8 column to read as follows: Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District - 8 Description of Use PDO-8 E Educational institution - Section 44. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.196 by replacing the row "Schools, business and professional" in its entirety with a new row to read as follows: Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlav District - 8 Description of Use PDO-8 Schools, trade or vocational p Section 45. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.216(6) by replacing the row "Religious institution, without a daycare or private school" in its entirety with a new row to read as follows: Table 17.22.216(B) Schedule of Permitted Uses Temecula Education Center Planned Development Overlav District - 10 Description of Use PDO-10 Religious institution, without a day care center or educational C institution Section 46. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.216(6) by replacing the row "Religious institution, with a private school" in its entirety with a new row to read as follows: Table 17.22.216(B) Schedule of Permitted Uses Temecula Education Center Planned Development Overlav District - 10 Description of Use PDO-10 Religious institution, with an educational institution C Section 47. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.216(6) by replacing the row "Religious institution, with a daycare" in its entirety with a new row to read as follows: Table 17.22.216(B) Schedule of Permitted Uses Temecula Education Center Planned Development Overlav District - 10 Description of Use PDO-10 Religious institution, with a day care center P Section 48. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.216(6) by deleting the specific rows "Schools, private (kindergarten through grade 12)", "Colleges and universities (private and public)", "Schools, business and professional", and "Trade and vocational schools" in their entirety. Section 49. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.216(6) by adding a new row beneath the subheading "E" with "Educational institution" inserted into the Description of Use column and the letter "C" (for permitted by conditional use permit in the district) inserted into the PDO-10 column to read as follows: Table 17.22.216(B) Schedule of Permitted Uses Temecula Education Center Planned Development Overlay District - 10 Description of Use PDO-10 E Educational institution C Section 50. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.216(6) by adding a new row beneath the subheading "S" to be inserted alphabetically with "Schools, trade or vocational" inserted into the Description of Use column and the letter "P" (for Permitted by right in the district) inserted into the PDO-10 column to read as follows: Table 17.22.216(B) Schedule of Permitted Uses Temecula Education Center Planned Develonment Overlav District - 10 Description of Use PDO-10 Schools, trade or vocational p Section 51. 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 any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 52. Notice of Adoption. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2008. Michael S. Naggar, 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. - 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 , 200_, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ATTACHMENT "A" TO November 18, 2008 STAFF REPORT Redlined Proposal of Development Code Amendments 17.34.010 Definitions and illustrations of terms. "Educational institution" means ap iAGt a private or public kindergarten through grade twelve school, or college or university, qualified by thee State -Reard- of to give general academic instruction. "School, Trade or vocational" means a commercial establishment limited to offering specialized instruction in technical, commercial or trade skills, including but not limited to cosmetology school, mechanical school, driving school, real estate or other specialized instruction. This definition does not include a community college or university. 17.12.030 Use regulations. Table 17.12.030 Schedule of Permitted Uses-Public/Institutional Districts Description of Use Public/Institutional District (PI) C C E g Zed Educational institution C S P Ssh eel&-, p r+vate 6 17.12.050 Special use and development standards. B. Fences, Hedges and Walls. 3. The height limits of this section, with the exception of corner visibility areas., shall not apply to fences constructed or-around recreational facilities within educational institutional his SGheot properties, public parks and recreation areas, or properties with jail or detention facilities. Legend: P = Permitted by right in the district C = Permitted by conditional use permit - = Use is prohibited in the district 17.08.030 Use regulations. Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI E Educational Institution C C C C C C C R Religious institution, without a day_care center or pr+vate--~chooieducational institution P P P C P C C Religious institution, with an educational institution -p4vat e -s6heo4 C C C C C C - Religious institution, with a daycare center C C C C C C - S Schools, trade and vocational busdness and pr-ofe- onaI - P P P P P C kindergarten through B G P P G P C - 17.24.040 Parking requirements Table 17.24.040 Parking Spaces Required Description of Use Required Number of Spaces Educational Facilities Elementary and junior high school (kindergarten 1.5 spaces/classroom, plus 1 through eighth grade) space/5 fixed seats in auditorium, gymnasium or similar public assembly facility (35 SF = 5 fixed seats) High school (ninth through twelfth grade) 8 spaces/classroom Trade or vocational school 2 spaces/3 people based on maximum number of students and staff, or 1 space/35 SF of instruction GFA Legend: P = Permitted by right in the district C = Permitted by conditional use permit - = Use is prohibited in the district 17.10.020 Supplemental development standards. A. Agricultural Uses. 1. Permitted Uses. The following agricultural uses are permitted by right in all zones, except the hillside residential and open space/conservation. a. Farms of orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture. b. Raising, grazing, breeding, boarding or training of large or small animals, except concentrated lot feeding and commercial poultry and rabbit raising enterprises, are allowed on properties one-half net acre or larger in size subject to the following requirements: i. Large animals (cattle, horses and mules). Two animals per half- acre plus one additional animal for each additional half-acre of lot area. Animals under the age of twelve-months are not counted. ii. Small animals (burros, goats, pigs, ponies, and sheep). Two animals per half-acre plus three additional animals for each additional half-acre of lot area. Animals under the age of six-months are not counted. iii. Poultry. Limited to fifty poultry per acre. The minimum lot size for keeping poultry is one half-acre. For lots smaller than one acre, only twelve poultry are allowed. Poultry under the age of three-months are not counted. All poultry must be confined. The keeping of roosters is prohibited. iv. Outdoor Aviary. For lots larger than one acre, limited to fifty birds per acre. For lots smaller than one acre, limited to twenty-four birds. Birds under the age of six-months are not counted. All birds must be confined. V. All animals shall be kept a minimum distance of seventy feet from any adjacent residence, wheel day care center or educational institution, hospital or church that is located on an adjacent property. This requirement applies to the location of corrals, fenced enclosures, barns, stables or other enclosures. c. In no event shall there be any limit to the permissible number of sheep which may be grazed per acre, where such grazing operation is conducted on fields for the purpose of cleaning up unharvested crops, stubble, volunteer or wild growth where such grazing operation is not conducted for more than four weeks in any six-month period. d. Apiary; provided, that all hives or boxes housing bees shall be placed at least four hundred feet from any public streets or highways, day care center, educational institution a l+Gseheol, park, property line to a different ownership, or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary. Additionally, a water source shall be provided on-site. Legend: P = Permitted by right in the district C = Permitted by conditional use permit - = Use is prohibited in the district 17.10.020 Supplemental development standards. B. Alcoholic Beverage Sales. 1. All businesses or establishments offering the sale of alcoholic beverages shall require the appropriate license from the state of California. 2. Grocery stores, drug stores and discount/department stores may offer the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a permitted use, unless such primary uses are otherwise conditionally permitted by another provision of this title. All other businesses or establishments offering the incidental sale of alcoholic beverages, in conjunction with an otherwise allowable use, shall also require a conditional use permit. Examples of these other businesses include: golf courses, bowling alleys, and other sports and recreation facilities. 3. Businesses selling alcoholic beverages and requiring a conditional use permit shall not be located within five hundred feet of any religious or educational institution, day care center GGheef or public park. This distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance to the religious or educational institution, day care center &Ghoot-or public park. This requirement shall not apply when the alcohol-selling business and the religious or educational institution, day care center or public park OiurGh,-soheo~-ar-park_are both located within commercial or industrial zones. Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District-1 Description of Use PDO-1 E Educational institution - R Religious institution, with a day care center C Religious institution, with an educational institution private ss#ool C Religious institution, without a day care center or educational institution private SGhGG4 C S Schools, trade or vocational i~ - &Ghoots-private - Legend: P = Permitted by right in the district C = Permitted by conditional use permit - = Use is prohibited in the district Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas and Winchester Roads Planned Development Overlay District -3 Description of Use PDO-3 E Educational institution -P C R Religious institution, without a day care center or-p4vate sshosl educational institution C Religious institution, with an educational institution - Religious institution, with a day care center - S Schools, trade or vocational P Sshoals ir~der arteR through Grade 12) P Table 17.22.13613 Schedule of Permitted Uses Temecula Creek Village Planned Development Overla District-4 Description of Use PDO- 4R PDO- 4V6 E Educational institution - - R Religious institution, without a day care center or-private Ssheel educational institution C - Religious institution, with an educational institution a pf+vate school C - Religious institution, with a day care center C - S Schools, trade or vocational - - Schools - - Legend: P = Permitted by right in the district C = Permitted by conditional use permit - = Use is prohibited in the district Table 17.22.1866 Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District-7 Description of Use Area Description of Use Area 1A & I B EI Area 2 (ER) Area 3 (PI) E Educational institution C C C C S S C S P S C T Schools, trade or vocational fir °C,csaiv C C C Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District-8 Description of Use PDO-8 E Educational institution - R Religious institution, without a day care center or-private GGheel educational institution C Religious institution, with an educational institution-a-p-ivate-steel - Religious institution, with a da _care center - S Schools trade or vocational b4j&4ness and sioF P S+ ©el +uate -through GFade 12) - Legend: P = Permitted by right in the district C = Permitted by conditional use permit - = Use is prohibited in the district Table 17.22.216(B) Schedule of Permitted Uses Temecula Education Center Planned Development Overlay District-10 Description of Use PDO-10 C P E Educational institution C R Religious institution, with a day care center P Religious institution, with an educational institution C Religious institution, without a day care center or privar°+w cs nvvi educational institution C S P- i? Trade-and-vecat+e-a,4 -schoa4s P Schools, trade or vocational P Legend: P = Permitted by right in the district C = Permitted by conditional use permit - = Use is prohibited in the district STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission FROM: Betsy Lowrey, Junior Planner DATE: March 19, 2008 SUBJECT: Request for Direction from Planning Commission regarding Zoning for Public Charter Schools as Requested by Julian Charter School BACKGROUND On October 31, 2007, staff received a Conditional Use Permit application from Julian Charter School ("JCS"), a public school sponsored by Julian School District, to operate a kindergarten through eighth grade public charter school within the Service Commercial (SC) zone, generally located at the southwest corner of Madison Avenue and Buecking Drive, at 27235 Madison Avenue. On November 19, 2007, staff relayed to JCS that the proposal for a public charter school is not permitted in the Service Commercial zone. Staff followed up with a letter dated November 30, 2007 stating the same. Pursuant to Development Code Sections 17.08.030 and 17.12.030, "schools, public (elementary, junior high, high school)" are permitted only within the Public/institutional District (PI) zoning. At the direction of City staff, JCS conferred with their attorney to determine whether or not they are exempt or would be able to exempt themselves from Temecula's local zoning code. Staff indicated that if JCS seeks an exemption, the City Attorney would need to review it. On December 27, 2007, JCS submitted a Resolution of "Exemption from Zoning for Property used as a Charter School Site" along with their attorney opinion letter in support of an effort to exempt itself from local zoning requirements. The City Attorney advised staff that, pursuant to Government Code Section 53097.3/2002 Legislation (AB 14), JCS does not have authority to exempt itself from local zoning regulations. On January 24, 2008, staff provided a letter to Julian Charter School indicating the proposal remains inconsistent with the City of Temecula Development Code. At the request of JCS, a meeting was held on February 26, 2008 between City Management/Staff and JCS. JCS requested that the City consider an amendment to the zoning ordinance to allow public charter schools the same zoning rights as private schools. The City has since deemed the application for the Conditional Use Permit for a Public Charter School submitted by JCS incomplete. The Conditional Use Permit application is not the issue for consideration. The issue for the Planning Commission's consideration is the distinction in the Development Code between zoning for public schools and zoning for private schools (kindergarten through grade twelve). Staff requests the Planning Commission to consider whether a zoning amendment should be proposed that would provide the same zoning for public schools as private schools (kindergarten through grade twelve). C1Program Files (x86)\Neevia.Com\Document Converter\temp\879580.doc 1 ANALYSIS Below are use regulations for schools (Kindergarten through grade twelve) within the development code. A letter "P" indicates a permitted use, indicates the use is prohibited, and "C" indicates the use shall be conditionally permitted subject to the approval of a Conditional Use Permit. Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Schools, private (kindergarten through grade 12) C P P C P C - Table 17.12.030 Schedule of Permitted Uses-Public/Institutional Districts Description of Use Public/Institutional District (PI) Schools, public (elementary, junior high, high school) P Schools, private C Zoning Julian Charter School must comply with City of Temecula zoning regulations and is only permitted within the Public/Institutional District (PI) zone as designated for public schools. It is important to point out; however, that the same is not true for Temecula Valley School District. State law exempts public school districts from local zoning regulations within theirjurisdictional boundaries. As a result, TVUSD may operate its public schools without City zoning approval (historically, TVUSD sites are then reclassified to PI for consistency with the City's Development Code); while Julian School District must comply with Temecula's local zoning regulations since they are outside their jurisdictional boundaries. Therefore, a proposal to expand zoning for public schools would only benefit public schools not sponsored by Temecula Valley School District. Public Charter Schools vs. Private Schools The Development Code clearly delineates between public and private schools for kindergarten through grade twelve. JCS requests the City consider zoning for public schools be the same as zoning for private schools. Should the Planning Commission direct staff in this way, JCS would then propose such a Zoning Amendment for Planning Commission and City Council approval and ultimately continue forward with a Conditional Use Permit for the operation of its public charter school within the Service Commercial zone. Charter schools are public schools fully funded by the State of California (students do not pay tuition) and must be authorized by an existing local public school board, County Board of Education, or the State Board of Education. For example, Julian Charter School is authorized (sponsored) by Julian School District. It is staffs understanding, since California funding is based upon student enrollment, Temecula residents who attend Julian School District charter school (instead of Temecula Valley School District) may lower the funding that would otherwise go to TVUSD or a charter school sponsored by TVUSD. CAProgram Files (x88)\Neevia.Com0ocument Converter\tempW9580.doc 2 Charter schools are required by the State to enter into an agreement ("Charter") detailing specific goals and operating procedures between the authorizing board (its sponsoring school district) thereby creating an ongoing working relationship and connection between the charterschool and its school district. A charter school not sponsored/authorized by Temecula School District will not share such a connection or working relationship. Dr. Carol Leighty, Superintendent of the Temecula Valley Unified School District, has indicated to staff that TVUSD does not support a Development Code Amendment that would expand zoning for public charter schools. A representative of TVUSD will attend the Planning Commission meeting. RECOMMENDATION Based on concerns raised by the Temecula Valley School District, staff recommends that the Planning Commission not support a proposal for a Development Code Amendment to expand zoning for public charter schools. Staff further recommends that a city-initiated development code amendment provide a separate use entitled "Schools, Public Charter (kindergarten through 12th grade)" so that Charter Schools are defined, delineated and consistent with its present use in the Public Institutional zone under "Schools, Public (elementary, junior high, high school)" in order to alleviate ambiguity regarding zoning for public charter schools. CAProgram Files (x86)\Neevia.C0m\Dowment Converter\temp\879580.doc 3 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MARCH 19, 2008 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on Wednesday, March 19, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Commissioner Harter led the audience in the Flag salute ROLL CALL Present: Commissioners: Carey, Chiniaeff, Guerriero, Harter, and Telesio Absent: None PUBLIC COMMENTS A. Referencing the Mills Act, Mr. Otto Baron, Temecula, relayed his dismay with the City and its destruction of historic buildings in Old Town. PUBLIC HEARING ITEMS 1 Minutes 1.1 Approve the Minutes of February 20, 2008 2 Director's Hearina Case Uodate 2.1 Approve the Director's Hearing Case Update for January 2008 MOTION: Commissioner Chiniaeff moved to approve the Consent Calendar. Commissioner Harter seconded the motion and voice vote reflected approval with the exception of Commissioner Guerriero who abstained on Item No. 1.1. COMMISSION BUSINESS 3 Reauest for Direction from Plannina Commission regarding Zoning for Public Charter Schools as requested by Julian Charter School Junior Planner provided a PowerPoint presentation, highlighting on the following: • Public Charter Schools RAMinutesPC\031908 1 • Current Zoning • General Plan • Analysis • Conclusion In response to the Planning Commission's queries, Junior Planner Lowrey added the following: • That it would be her opinion that there are three charter schools within the City of Temecula • That River Springs Charter School was granted approval from the Riverside County Board of Education which was initially associated with Eagle's Peak Charter School (now separated) Not having done much research with respect to Charter Schools, Assistant City Attorney Curley advised that the Planning Commission is being asked to ensure consistency between the uses of charter schools versus public/private schools. Junior Planner Lowrey noted that Eagles Peak would be zoned Service Commercial; River Springs: Light Industrial; and Vallejo: Residential; advised that the above-mentioned schools would be operating under a Conditional Use Permit (CUP) which was approved by the Riverside County Board of Education. For the Planning Commission, Junior Planner Lowrey noted that initiation of the Development Code Amendment will provide a separate use entitled "Schools, Public Charter (kindergarten through 12•' grade), so that Charter Schools are defined, delineated and consistent with its present use in the Public Institutional Zone under "Schools, Public (elementary, junior high, and high school)" in order to alleviate ambiguity regarding zoning for public charter schools. Assistant City Attorney Curley stated that this item would not be a public hearing; that the Commission is being requested to provide generalized guidance and impressions of land use changes; and relayed that the Commission is not being asked to make any land use changes or binding administrative record that would indicate a detailed process with respect to any land use changes. A. Speaking on behalf of the Jillian Charter School, Executive Director of Julian Charter Schools Cauzza, clarified the following for the Planning Commission: • That Eagles Peak Charter School would be sponsored by Julian Union High School District; that Julian Charter School is sponsored by Julian Union Elementary School District; and that River Springs Charter School is sponsored by the Riverside County Office of Education • That as of 2006, charters schools were directed to comply with local building codes • That 65% of charters schools start in churches • That she would be hopeful that the Planning Commission consider the proposed facility • That public schools receive its funding from the State and that private schools receive its funding from private individuals • That students currently attending Julian Charter School come from Temecula Valley, Oceanside, Vista, San Marcos, Escondido, Bonsall, Menifee, Lake Elsinore, and home- schooling; noting that students would not need an intra-district transfer R:WinutesPC\031908 That charter schools offers personalized learning for students that would not receive from a traditional public school; advising that Temecula Valley would be a centralized region to serve the surrounding cities; noting that Julian Charter School would be in compliance with all State Laws. B. Mr. Dave Gallaher, representing Temecula Valley School District, relayed that although the Temecula Valley School District would not be in opposition to Julian Charter School, the school district relayed its opposition to a Development Code Amendment that would expand zoning for public charter schools. In response to Commissioner Telesio's query, Mr. Gallaher noted that the fact that Julian Charter School has a large amount of enrollment would show its need by local and surrounding communities. For Commissioner Harter, Mr. Gallaher noted that Temecula Valley has not rejected any charter schools that have approached them, but did advise that one charter school disbanded. C. Mr. Larry Markham, representing Julian Charter School, relayed the following • That Julian Charter School would not be here to discuss its location • That the request before the Planning Commission would be whether or not to modify the Development Code to allow charter schools the same privileges as private schools • That the operational aspect of charter schools or where the students come from would not be the issue before the Planning Commission • That the question before the Planning Commission would be whether or not the Planning Commission would support staffs recommendation • That Riverside County Code does not make a distinction between public or private schools • That the request to amend the City's Development Code would help put other charter schools already established in the City into compliance • That Julian Charter School would be in full agreement with all imposed Conditions of Approval Adding clarification to what staff is recommending, Assistant City Attorney Curley reiterated that the Planning Commission's position would be to determine whether or not the Development Code be amended to provide separate uses entitled "Schools, Public Charter" in order to remain consistent with its present use. For Commissioner Harter, Junior Planner Lowrey stated that colleges and universities would be treated differently than public and private schools. D. Relaying that her daughter is a student of Julian Charter School, Ms. Amanda Grillo, Fallbrook, spoke highly of Julian Charter School and noted its positive aspects. E. Advising that Temecula Valley School District was approached by Julian Charter School for its support, Ms. Sue Miller Hurst, Temecula, relayed on support for the school and its request to amend the City's Development Code; and noted that Julian Charter School offers special education. RAMinutesP0031908 F. Mr. Peter Minegar, Temecula, stated that although his kids have had success at Temecula Valley School District, he did understand the importance and need for this type of education. G. Mr. Tom Fenton, Fallbrook, relayed his full support of this type of education program. H. Mr. Brian Frunk, Murrieta, representing M.S.S. Properties, relayed his support of the requested amendment to the City's Development Code to accommodate charter schools. 1. Ms. Elysia Luke, Sun City, informed of her daughter's success with Julian Charter School. Adding clarification, Assistant City Attorney Curley stated that the Planning Commission would be at a public policy level, not a site specific level, not an applicant right issue; the Planning Commission is being asked to recommend a legislative action; that the proponent is requesting that the Planning Commission find a need to revise the zoning laws and recommend to the City Council that the City undertake the zoning law changes that would provide a separate use entitled "Schools, Public Charter" (kindergarten through 12th grade) in order to be consistent with its present use. Not having done research, Assistant City Attorney Curley stated that he would not be aware of a non-Temecula Valley School District school being considered a "private school". With respect to Land Use issues, Commissioner Chiniaeff relayed the following • That the City would need to explore the relationships between the different types of schools • Expressed concern with displacing opportunities for employment and transitioning over to lower intensity non-producers • Queried if the Development Code be amended to reflect where schools should be located • Queried on whether or not he City impose a Conditional Use Permit (CUP) for schools the City would have jurisdiction over • Would be of the opinion that Industrial Zones would not be an appropriate location for a school as well as the Highway Tourist Zone Concurring with Commissioner Chiniaeffs comments, Commissioner Harter noted that although he would be a proponent of charter schools in general, he did relay his concern with the amount of schools popping up. Commissioner Carey concurred with the comments made by Commissioner Chiniaeff and Harter. Noting that the current zoning should be reviewed and amended, Chairperson Telesio noted the following: • That he would be of the opinion that the impacts of a charter school versus a regular school would not differ • That there would appear to be a market for charter schools and its beneficial affect upon the community R1MinutesPC\031908 Commissioner Chiniaeff reminded the Commission that the City does not have jurisdiction over the Temecula Valley School District. After much discussion, the Planning Commission recommended the following to the City Council for consideration. • That all schools be reviewed and be conditioned in the same manner (with the exception of TVSD) schools under a Conditional Use Permit (CUP) • That the City explore the placement of schools and its relationship to surrounding uses • That a CEQA analysis be imposed At this time, the Planning Commission took a 5-minute break. PUBLIC HEARING ITEMS New Items By way of PowerPoint Presentation, Senior Planner Fisk highlighted on the following aspects of staffs report: • Location • Project Description • Front Street looking • River Promenade • Goals o Historic Core o Streets o Building Heights o Architecture o Murrieta Creek Walk o Infrastructure o Residential Neighborhoods o Parking o Economic Development o North Area of Old Town (vicinity of Moreno Road) With respect to parking, Principal Planner Richardson noted that one of staffs recommendations would be to resurvey parking from the February, 2007, survey; stated that the survey was performed the Saturday before Christmas 2007 which indicated that the parking was more or less the same as the February 2007 survey with the exception of Saturday Farmer's Market hours. Principal Planner Richardson also noted that this item was reviewed by the Old Town Local Review Board with the consensus to move staffs recommendation forward. For the Planning Commission, Senior Planner Fisk noted that the future civic center parking structure will be free to the public. RAMinutesPQ031908 Plan to implement these goals and recommendations At this time, the public hearing was opened A. By way of overheads, Mr. All Rattan, Temecula, commended staff for their efforts in the Visioning Project; relayed his dismay with the exclusion of Pujol Street as part of the visioning project (Historic Core); stated that more consideration would be needed with respect to south of arches; stated that there will be a lack of parking spaces (north of Main Street) at build-out; and relayed his disappointment with the architect and his inexperience with California and a downtown plan. B. Mr. Walt Allen, Temecula, thanked Assistant City Manager Johnson and staff for their efforts with the proposed visioning project; relayed his support of the project but did express concern with Recommendation 2: Streets should not be an either/or goal but rather a both/and goal; relayed his concern with piecing-mealing the Recommendation: Future development should a) orient building activity to the street, b) create a clear street edge and c) preserve existing and reclaim vacated alleys where possible; advising that staffs recommendation would not be realistic. C. Mr. Ed Dool, Temecula also thanked staff for their efforts with respect to the Old Town Visioning project, but did express concern with the unbalanced parking surveys conducted by the City; and encouraged that a shuttle service for Old Town be considered to handle future growth. At this time, the public hearing was closed. For the Planning Commission, Assistant City Manager Johnson relayed that the Planning Commission is being requested to recommend that the City Council make an amendment to the Old Town Specific Plan (OTSP) to implement staffs goals; stated that the goals would be a result of the six workshops raised by residents, business owners, and development community; that an amendment to the OTSP will take a year to revise; that the goals would provide a general guidance as well as the creation to form-based codes that will address the relationship between building facades and the public realm. Requesting clarification of what the Planning Commission is being asked to recommend, Commissioner Chiniaeff relayed that it would be difficult to recommend that the City Council consider an amendment to the Old Town Specific Plan, per staffs goals, when form-based codes have not yet been created; noting that it would be his opinion that having the form-based goals developed first would give an understanding of its implementation process and how it would affect a change to the OTSP. Understanding Commissioner Chiniaeff s concern, Assistant City Manager Johnson agreed that form-based codes would have to be developed first in order to implement staffs goals; For Commissioner Chiniaeff, Principal Planner Richardson advised that staff thoroughly reviewed the existing OTSP with respect to what could be built based on square footages of land in the specific plan which equates to 4-million square feet; noting that the preferred scenario would equate to 2.5-million square feet; relaying that the high intensity scenario would be lower than the development intensity then what could be built under the existing specific plan. RAMinutesPM031908 6 As per Keyser-Marston, Assistant City Manager Johnson stated that in order to ensure that Old Town is viable and functional, 50% of new development would need to be residential placing it any place throughout Old Town; noting that residential would be a downtown residential, rather than a traditional residential; relayed that the intent would be to have more residential on the west side of the creek as well as a strong residential element throughout the east side of the creek. With respect to parking, Assistant City Manager Johnson noted that the Master Plan Parking study will identify parcels that would need to be acquired by the City early-on for service parking for the short term and structured parking for long term. Principal Planner Richardson added that parking surveys be conducted on a yearly basis to determine what the utilization would be. To alleviate concerns of creating an amendment to the OTSP without having developed form- based codes and acquisition of parking parcels, Assistant City Manager advised that more research will we undertaken as well as additional workshops will be held; and added that a work shop with respect to creating form-based codes can be conducted. Concurring with Commissioner Chiniaeffs concerns and comments, Commissioner Guerriero encouraged the idea of implementing a shuttle service to serve in Old Town. Commissioner Guerriero also concurred with the Old Town Local Review Board's suggestion of the City purchasing property with a park-like setting to place its historic buildings. Relaying that there will be a problem with parking if the City does not acquire parking parcels for the future, Commissioner Carey would be in full support of a trolley and/or shuttle bus for Old Town. For the Planning Commission, Assistant City Manager Johnson relayed that the City will be operating a free trolley system in the near future that will service Temecula residents. Commissioner Chiniaeff relayed that he would not be prepared to make a recommendation to the City Council without seeing how staffs goals will be implemented. In an effort to clarify, Principal Planner Richardson relayed that the recommendation will create a new public review process holding workshops that will cover building masses, a parking management study, and design guidelines. MOTION: Commissioner Chiniaeff recommended to the City Council that staff move forward to seek an amendment to the Old Town Specific Plan (OTSP) to see how staffs goals can be implemented. Commissioner Guerriero seconded the motion voice vote reflected unanimous approval. COMMISSIONER REPORTS Assistant City Attorney Curly briefly updated the Commission with respect to SB343 Act. RAMinutesPC\031908 PLANNING DIRECTOR'S REPORT Director of Planning Ubnoske informed the Planning Commission with respect to the upcoming State of the City. ADJOURNMENT At 8:58 pm, Chairman Telesio formally adjourned to April 2. 2008 at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. John Telesio Chairman Debbie Ubnoske Director of Planning RAMinutesPQ031908 Approvals / City Attorney ~I J A Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Planning Director DATE: May 13, 2008 SUBJECT: Request for Direction from City Council regarding Zoning for Public Charter Schools as Requested by Julian Charter School PREPARED BY: Betsy Lowrey, Junior Planner RECOMMENDATION: The City Council provide direction to staff whetherornotto proceedas recommended by the Planning Commission as follows: That an amendment to the Development Code be considered to provide that all schools be processed and reviewed in the same manner [except Temecula Valley Unified School District is exempt]. 2. That all schools require a Conditional Use Permit (CUP), and not be outright permitted, so that the placement of schools and their relationship to surrounding uses, as well as CEQA impacts, can be analyzed on a case by case basis with each Conditional Use Permit application. BACKGROUND: On October 31, 2007, staff received a Conditional Use Permit application from Julian Charter School, a public school sponsored by Julian School District, to operate a kindergarten through eighth grade public charter school within the Service Commercial (SC) zone, generally located at the southwest comer of Madison Avenue and Buecking Drive, at 27235 Madison Avenue. Julian Charter School must comply with City of Temecula zoning regulations and is only permitted within the Public/Institutional District (PI) zone as designated for public schools. As a result, the application for the Conditional Use Permit submitted by Julian Charter School to operate a public charter school within the Service Commercial (SC) zone is inconsistent with the Development Code. The Conditional Use Permit application has since been deemed incomplete and likewise is not the issue for consideration by City Council. On February 26, 2008, Julian Charter School requested the City to consider a proposal to amend the zoning ordinance to allow public charter schools the same zoning as private schools (kindergarten through grade twelve) and on March 19, 2008 this request was considered by the Planning Commission. A representative from the Temecula Valley Unified School District spoke indicating that while the School District is not opposed to Julian Charter School, it did not support a change to the Development Code that would expand zoning for public charter schools. Furthermore, the School District indicated that it was in favor of establishing a relationship with charter schools (or sponsoring charter schools) within their School District rather than being entirely independent, and noted the success of their two charter schools. Several speakers, including parents and representatives of Julian Charter School, spoke in support of amending the Development Code to provide public charter schools the same zoning as private schools. The Planning Commission discussed that the relationship of zoning and schools should be reviewed with more scrutiny pointing out that the Development Code permits schools in certain zones with no review at all. The Planning Commission suggested that the Development Code should not permit any school that the City has jurisdiction over (private or public) without the analysis of a Conditional Use Permit to examine its surroundings and, additionally, that certain zones such as Light Industrial and Highway Tourist should not permit schools at all. From a land use perspective, the Planning Commission commented that there is no difference between public and private schools and, in conclusion, recommended requesting that the City Council consider an amendment to the Development Code to eliminate the zoning differentiation between public and private schools, and to request the City Council to direct staff to review what zones schools would be most appropriately located with the approval of a Conditional Use Permit. FISCAL IMPACT: None ATTACHMENTS: Planning Commission Staff Report dated March 19, 2008 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 13, 2008 The City Council convened in Closed Session at 6:15 p.m. and its regular meeting commenced at 7:00 p.m. on Tuesday, May 13, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Roberts, Washington, Nagger Absent: Council Members: None PRELUDE MUSIC The prelude music was provided by Niko Ayala INVOCATION The invocation was provided by Pastor Mike Wallace of Crossroads Church PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Temecula Valley Young Marines PRESENTATIONS/PROCLAMATIONS Public Works Week Proclamation In recognition of the many contributions of the Public Works Department to the health, safety, comfort, and quality of life of this community, Mayor Naggar proclaimed May 181h through 2e, 2008, to be National Public Works Week. On behalf of the Public Works Department, Deputy Public Works Director Butler thanked the City Council for the recognition. Certificates of Appreciation to Temecula Youth Emolovment Expo Committee Members In honor of their efforts in making this year's Youth Employment Expo a success, the City presented the following individuals with a Certificate of Appreciation: • Ms. Lynn Laing, Partners in Education Committee • Ms. Jennifer Malek, Temecula Valley Chamber of Commerce • Ms. Alice Sullivan, Temecula Valley Chamber of Commerce • Ms. Laura Turnbow, Temecula Valley Chamber of Commerce • Ms. Connie Herrick, Temecula Valley Unified School District • Ms. Tracy Hunter, Temecula Valley Unified School District • Dr. Carol Leighty, Temecula Valley Unified School District • Mr. Scott Schaufele, Temecula Valley Unified School District • Ms. Yolanda Guttierez, Riverside County Economic Development Agency R:\Minutes\051308 • Ms. Martha Ventura, Riverside Economic Development Agency • Ms. Corinna Coran, Partners in Education Committee • Ms. Karen Harr, Riverside County Office of Education On behalf of the committee, Ms. Sullivan thanked the City Council for its ongoing support. Certificate of Appreciation to Bob Spaller Honoring a long-time resident of Temecula that has been an icon in Old Town Temecula since the 1960s, Mayor Nagger, on behalf of the City of Temecula, presented Bob "the Barber" Speller with a Certificate of Appreciation. Reminiscing the past, Mr. Spaller thanked the City Council for the recognition. PUBLIC COMMENT A. Ms. Barbara Wilder, Temecula, highlighted the City Council's achievements and relayed her appreciation of all the new facilities the City has built, and requested that residents ignore the disgruntled residents attacking the Council for false and unproven innuendos and ignore the false accusations. B. By way of overheads, Mr. Doc Lain, Temecula, expressed his concern with an article in the Press Enterprise referencing the future Civic Center site area and its potential of underlying Indian artifacts, Mr. Lain queried on the archeological documentation of the Mitigated Negative Declaration. In response to Mr. Lain's query of the Mitigated Negative Declaration, Mayor Nagger advised that he contact the City Manager's office for clarification. C. Ms. Tracy Mackellar, Temecula, relayed her frustration with the developer of the Reserve at Crown Hill and the lack of fulfilling its Conditions of Approval as mandated by the City of Temecula and requested that the City Council hold the developer accountable for its responsibilities. D. Mr. Kevin Richards, Temecula, also relayed his dismay with the developer of the Reserve at Crown Hill and the lack of responsibilities to the residents. With respect to the Reserve at Crown Hill, City Manager Nelson advised that Mayor Pro Tem Edwards, staff, and he will be diligently working to resolve the issues of the community at the Reserve. E. Mr. Steve Phillips, Temecula, reiterated his concerns with the Reserve at Crown Hill and thanked staff for its efforts thus far. F. Mr. Michael Minniear, Temecula, relayed the issues at the Reserve at Crown Hill and requested the help of the City Council. G. Mr. Jon Billings, Temecula, echoed comments with respect to the concerns of the Reserve at Crown Hill. H. Mr. Bob Mejia, Reserve at Crown Hill, Temecula, thanked the City Council for its efforts but reiterated the importance of the Council and staff continuing its efforts to resolve the issue at hand. RAMinutes\051308 I. By way of overheads, Mr. Otto Baron, Temecula, spoke regarding the Escallier House and Barn and relayed his dismay with the future spot for the building and the destruction of the historic character of the Escallier House and Barn, and requested that the City Council reconsider its plans for the Escallier House and Barn. J. By way of handout, Ms. Nancy Baron, Temecula, echoed comments by Mr. Baron. K. Ms. Kathleen Hamilton, De Luz, commented on the many reasons why individuals have chosen to reside in the City of Temecula and thanked the City Council for providing a safe and wonderful community for future generations to enjoy. L. Mr. Wayne Hall, Temecula, thanked the City Council for its efforts in addressing the abandoned home in his neighborhood and expressed his dismay with the Press Enterprise. M. Mr. Ed Dool, Temecula, congratulated the City of Temecula for receiving four awards of Excellence with respect to its Old Town Community Theater, The Parents Single Focus Group, The Temecula Library, and the Patricia H. Birdsall Sports Park; and advised the citizens of Temecula, that the City of Temecula was ranked 180 for the State of California for Automated Signal System which the City received $500,000 to mitigate traffic issues. N. Mr. Kassen Klein, Murrieta, commended the City Council and staff for its leadership and also gave kudos to the City for ranking 18`h in the State of California with regard to funding for an Automated Signal System. 0. Mr. Gary Thornhill, Temecula, spoke regarding erroneous statements made in the City's local newspaper articles, as well as speakers who speak regarding false tales; and commended the City Council and staff for its ongoing efforts to ensure quality of life and public safety for its residents. P. Mr. Chris Pedersen, Temecula, also relayed his dismay with the false innuendos made against the City of Temecula and County of Riverside. CITY COUNCIL REPORTS A. Referencing an article in the Press Enterprise regarding the recycling of soccer uniforms and equipment for less fortunate families, Council Member Comerchero invited the public to attend an event to collect gently used uniforms for kids which will be held on Saturday, May 17, 2008, at Ronald Reagan Sports Park, Pala Park, Patricia H. Birdsall Sports Park, and Harveston Community Park. B. Understanding the concerns of the residents of the Reserve at Crown Hill, Mayor Pro Tern Edwards advised that she will continue to work with regard to this matter to ensure the issues are resolved and noted that staff is working on an Ordinance with respect to foreclosures in the community. C. Council Member Roberts referenced a letter from the Mayor of Liedschendam-Voorburg honoring Ad and Elizabet Creemers of Temecula for all their efforts in establishing the Sister City Association. D. Council Member Washington relayed his disappointment with the City Council being accused of erroneous doings and questioning the integrity of his Council Members as well as himself by a few detractors. By way of overheads, he described the California Form 700 which all Council Members are required to fill out yearly; explained the mission statement of the Fair Political Practices Commission (FPPC); and relayed his past employment. RAMinutes\051308 E. On behalf of the City Council and City of Temecula, Mayor Naggar honored Council Member Washington for receiving a distinguished Leadership Award from the American Planning Association and spoke regarding his prestigious position servicing as Chair on the Western Riverside Council of Governments (WRCOG). Mayor Nagger relayed that a Bob's Big Boy will be coming to Temecula as well as a Morton's Steak House and/or a Ruth's Chris Steak House. By way of overheads, Mayor Nagger spoke regarding Phase I of the construction of the future Civic Center and the testing of a horse-drawn trolley system for moving patrons around Old Town. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of April 8, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of March 31. 2008 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of March 31, 2008. R:\Minutes\051308 5 Initiation of City Construction of Priority Public Improvements with Bond Proceeds (CFD 03- RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 08-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CONSTRUCTION OF VARIOUS PUBLIC IMPROVEMENTS RELATED TO DEVELOPMENT IN RORIPAUGH RANCH AND RELATED ACTIONS, AND AUTHORIZING AND DIRECTING VARIOUS ACTIONS WITH RESPECT TO THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) 6 Contract for Audit Services for the Fiscal Years Ended June 30. 2008.2009. and 2010 RECOMMENDATION: 6.1 Approve an agreement with Lance, Soil and Lunghard, LLP, Certified Public Accountants, to serve as the City's auditors for the fiscal years ended June 30, 2008, 2009, and 2010, for annual contract amounts of $43,400, $44,610, and $45,860, respectively; 6.2 Approve a 10% contingency amount for the three year period; 6.3 Appoint the Mayor or his designee to meet with the auditors in order to comply with new auditing standards. RECOMMENDATION: 7.1 Accept Phase II of the Maintenance Facility Expansion Field Operations Center, Project No. PW03-06, as complete; 7.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 7.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. R:\Minutes\051308 8 All-Way Stop Control - Walcott Lane and Klarer Lane RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 08-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL-WAY STOP CONTROL AT THE INTERSECTION OF WALCOTT LANE AND KLARER LANE 9 Contractor Pre-Qualifications for Phase 2 of the Old Town Civic Center. Project No. PW06- 07(Ph2) RECOMMENDATION: 9.1 Authorize the Department of Public Works to solicit and pre-qualify contractors to perform the work required for Phase 2 of the Old Town Civic Center Project, Project No. PW06-07(Ph2). 10 Professional Services Agreement for Geotechnical and Material Testing Services with Geocon Inland Empire. Inc.. associated with the Pechanga Parkway Phase II Street Improvements. Project No. PW99-11 RECOMMENDATION: 10.1 Approve an agreement with Geocon Inland Empire, Inc., in an amount not to exceed $125,589 to provide as needed geotechnical and material testing services for the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11, and authorize the Mayor to execute the agreement; 10.2 Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $12,558.90, which is equal to 10% of the agreement amount. 11 RECOMMENDATION: 11.1 That the City Council approve a contract with Inland Planning & Design, Inc., for planning services in the amount of $45,000. (Considered under separate discussion; see page 7). Mayor Naggar relayed his enthusiasm with respect to Item No. 5 of the Consent Calendar, noting that these improvements will take 12 to 18 months to complete. R:\Minutes\051308 12 Second Reading of Ordinance No. 08-02- Continued to the meeting of May 27, 2008 RECOMMENDATION: 12.1 Adopt an Ordinance entitled: ORDINANCE NO. 08-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10 TO THE TEMECULA MUNICIPAL CODE PROVIDING FOR CAMPAIGN DISCLOSURE REQUIREMENTS A. Mr. Tom Rogers, Winchester, relayed his appreciation of the continuation of Item No. 12 in order to allow an opportunity to review Mr. Bell's comments and suggestions. B. Mr. Al Rattan, Temecula, thanked the City Council for extending Item No. 12 for further review. Mr. Rattan also referenced an article by the Press Enterprise with regard to campaign disclosure requirements. C. Mr. Bob Kowell, Murrieta, relayed his opposition to the proposed campaign finance Ordinance. D. Mr. Ed Dool, Temecula, reiterated his support of the campaign disclosure requirements E. Mr. Chris Pedersen, Temecula, also relayed his support of the campaign disclosure requirements. MOTION: Council Member Edwards moved to approve the Consent Calendar with the exception of Item No. 11 which was pulled for separate discussion and Item No. 12 which was continued to May 27, 2008. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who abstained on Item No. 2.1. CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION 11 Agreement for Consulting Services between the City of Temecula and Inland Planning and Design. Inc.. for DreDaration of Design Guidelines for the Old Town Specific Plan RECOMMENDATION 11. 1 That the City Council approve a contract with Inland Planning & Design, Inc., for Planning services in the amount of $45,000. Assistant City Manager Johnson provided a staff report (of record). A. Relaying his full support, Mr. Kassen Klein, commended staff and the City Council for the proposed Design Guidelines for the Old Town Specific Plan. R:\Minutes\051308 MOTION: Council Member Comerchero moved to approve Item No. 11. Council Member Roberts seconded the motion and electronic vote reflected unanimous approval. At 8:37 p.m., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, and the Temecula Public Financing Authority. At 8:42 p.m., the City Council resumed with regular business. CITY COUNCIL BUSINESS 21 Reauest for Direction from City Council regarding Zoning for Public Charter Schools as requested by Julian Charter School RECOMMENDATION: 21.1 Provide direction to staff whether or not to proceed as recommended by the Planning Commission as follows: That an amendment to the Development Code be considered to provide that all schools be processed and reviewed in the same manner (except Temecula Valley Unified School District is exempt). That all schools require a Conditional Use Permit (CUP), and not be outright permitted, so that the placement of schools and their relationship to surrounding uses, as well as CEQA impacts, can be analyzed on a case by case basis with each Conditional Use Permit application. By way of staff report, Junior Planner Lowrey addressed the Current Commercial Zoning requirements and as well commented on the Planning Commission's proposed recommendation In response to the City Council's queries, Ms. Lowrey noted the following: • That by law, Charter Schools have been identified as public schools • That Julian Charter Schools would receive its funding from the Temecula Valley Unified School District A. Ms. Jennifer Cauzza, representing Julian Charter School, made the following comments: • That Julian Charter School has been established for nine years and is sponsored by Julian Elementary School District in San Diego County • That Julian Charter School has 1,900 students all within the San Diego County, Orange County, and Riverside County • That there are five Julian Charter School facilities in operation • That the proposed Temecula facility would service students K-8 and would be considered a non-classroom based charter school • That Julian Charter School would comply with all required charter school laws and regulations • That funding received would be directly funded to Julian Charter School from the State • That the facility in question would currently have 117 students enrolled, noting that seven students would be from the City of Temecula • That students currently enrolled at the proposed facility currently serve students from Fallbrook, Escondido, Oceanside, Fallbrook, Sun City and the City of Temecula • That the applicant has completed all necessary requirements • That charter schools were opened to challenge traditional school methods R:\M1nutes\051308 • That the primary goal of charter schools would be to personalize learning per student needs • That at this point in time, the proposed Julian Charter School would lease its site • That Julian Charter School does not offer athletics • That no more than 160 students would be able to attend the school at any given time • That Julian Charter School would be considered a public school and would be mandated to offer special education classes for its special needs students • That Julian Charter School IUP students are not referred out, noting that the school would comply with all State laws and regulations B. Ms. Sue Miller-Hurst, Director of the Innovation Center, relayed that legislation created charter schools to create competition for school districts so that positive change could happen; to create innovation and choices for parents; and that the public law for education would be a constitutional law for students. C. Dave Gallaher, representing the Temecula Valley School District, relayed that the school district would be in support staffs recommendation, as written; but would request that the CUP process require that future charter schools attempt to communicate with the district to better serve the students in the community. D. Mr. Larry Markham, representing Julian Charter School, noted his support with staff recommendation, as written and voiced no objection of notifying the Temecula Valley School District's notification process of any potential charter schools. E. Mr. Brian Frunk, representing M.S.S. Properties, relayed his support of the proposed facility. Noting his support of the proposed Julian Charter School, Council Member Washington suggested the formation of an ad hoc subcommittee comprised of himself and Mayor Pro Tern Edwards to meet with the City Attorney and staff to work on provisions of a Development Code Amendment regarding public charter schools. For the record, Director of Planning Ubnoske clarified that the Temecula Valley School District would be exempt from the provision; and requested that after provisions have been recommended by the City Attorney, staff, and subcommittee, the recommendation would require review by the Planning Commission prior to forwarding it to the City Council. MOTION: Council Member Comerchero moved to approve staff recommendation and authorize the formation of the ad hoc subcommittee to work with the City Attorney and staff and return to the City Council for a recommendation. Mayor Pro Tern Edwards seconded the motion and electronic vote reflected unanimous approval. CITY MANAGER REPORT No reports at this time. CITY ATTORNEY REPORT With respect to closed session, City Attorney Thorson advised that with respect to the three real property matters, the City Council considered the price and terms and authorized staff to make RAMinutes\051308 specific offers with respect to acquiring those properties; that with respect to the second item, Rodpaugh Ranch, the City Council authorized the filing of a foreclosure action against Ashby, U.S.A. for the non-payment of special taxes. A. Mr. Al Rattan, Temecula, referenced a letter from the City Attorney to the Fair Political Practices Commission (FPPC) dated in March 2008; and requested that any Ordinance with respect to the Campaign Disclosure requirements include a section with regard to Rancon. Referencing the letter to the FPPC, as mentioned by Mr. Rattan, Council Member Washington relayed his resentment to Mr. Rattan's comments and clarified the letter in whole. The City Council relayed their resentment towards Mr. Rattan's false comments and noted that if he continues to make such, that he do his research the accuracy of them prior to presenting them to the Council. ADJOURNMENT At 9:31 p.m. the City Council meeting was formally adjourned to Tuesday, May 27, 2008, 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. Michael S. Nagger, Mayor ATTEST: Susan W. Jones, CIVIC City Clerk [SEAL] R:\Minutes\051308 10 STAFF REPORT -PLANNING ORIGINAL CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: September 17, 2008 PREPARED BY: Betsy Lowrey, Case Planner APPLICANT NAME: Citywide PROJECT Long Range Planning Project Number LR08-0039, proposed SUMMARY: Development Code amendments amending zoning standards applicable to educational institutions and schools and amending the Temecula Municipal Code CEQA: Categorically Exempt Section 15061(b)(3) RECOMMENDATION: Adopt a resolution recommending that the City Council approve an Amendment to Title 17 of the Temecula Municipal Code. BACKGROUND SUMMARY On March 19, 2008, the Planning Commission considered whether an amendment to Title 17 of the Temecula Municipal Code should be pursued by staff in order to remove the distinction in the Development Code that exists between zoning standards for public schools, which includes charter schools, and zoning standards for private schools (kindergarten through grade twelve). The Planning Commission determined that, from a land use perspective, there is no difference between public and private schools. There was also discussion that certain zones, such as Light Industrial and Highway Tourist, should not permit schools at all. Ultimately, the Planning Commission directed that the proposal be brought forward to City Council for consideration with the following recommendations: That an amendment to the Development Code be considered to provide that all schools be processed and reviewed in the same manner (except Temecula Valley Unified School District, which is exempt). 2. That all schools require a Conditional Use Permit (CUP) (except Temecula Valley Unified School District, which is exempt), and not be permitted outright, so that the placement of schools and their relationship to surrounding uses, as well as CEQA impacts, can be analyzed on a case by case basis with each Conditional Use Permit application. On May 13, 2008, the City Council considered the March 19, 2008 Planning Commission recommendations. Several speakers attended the meeting, including Jennifer Cauzza and other representatives of Julian Charter School, who spoke in support of an amendment to the Development Code. Dave Gallaher representing Temecula Valley Unified School District (TVUSD) also spoke in support of a Development Code amendment so long as a CUP is required for all schools as recommended by the Planning Commission to ensure adequate analysis of the school impacts by the City (although TVUSD schools would be exempt since permits are obtained at the State level). Dave Gallaher recommended that the City involve TVUSD with incoming school CUP applications to allow TVUSD the opportunity to communicate and share ideas with potential new schools. He stated that TUVSD would not have control over approval of the CUP but would appreciate the opportunity for early communications between schools, particularly charter schools since it could even possibly result in TVUSD sponsoring the charter school. No speakers were opposed to the proposal. After Council discussion, a motion was made and approved to form an Ad-Hoc Subcommittee consisting of Mayor Pro Tem Maryann Edwards and Councilmember Chuck Washington to advise staff regarding drafting an Ordinance applicable to the zoning standards of schools, including all private and public schools (and public charter schools), as well as colleges and universities. Staff met with the Ad-Hoc Subcommittee on June 24, 2008 and presented an overview of the land use requirements mandated at the State level for schools, including traditional and charter public schools, private schools and public and private colleges and universities in order to clarify how schools are reviewed at the State level in comparison to a Conditional Use Permit review at the City level. Staff further presented to the Ad-Hoc Subcommittee a preliminary proposal for a Development Code amendment consistent with the Planning Commission's March 19, 2008 recommendation. The Ad-Hoc Subcommittee agreed that, as a policy, staff should distribute a copy of all future CUP submittals for schools to TVUSD, as well as to the California Department of Transportation-Aeronautics Division, the Airport Land Use Commission, and the California Department of Toxic Substances (in addition to other appropriate outside agencies) to ensure adequate outside agency review for school site proposals. Furthermore, the Ad-Hoc Subcommittee directed staff to draft an Ordinance that has the following provisions: Kindergarten through Grade Twelve (K-12) public and private schools are processed and reviewed in the same manner and would require a Conditional Use Permit (CUP) (except Temecula Valley Unified School District may be exempt pursuant to State law). Furthermore, all colleges and universities (except State universities and community colleges exempt pursuant to State Law) shall also be required to process a Conditional Use Permit. A CUP will ensure that the placement of schools and their relationship to surrounding uses, as well as CEQA impacts, are analyzed on a case by case basis with each Conditional Use Permit application. 2. Allow K-12 public and private schools, and colleges and universities, to be located within all commercial Zoning Districts city-wide with approval of a Conditional Use Permit. The Ad-Hoc Subcommittee noted they would like the Planning Commission to further discuss at the public hearing for the proposed amendment whether there are specific Zoning Districts where schools should not be conditionally permitted (such as Light Industrial or Highway Tourist) for further consideration by the City Council to disallow schools in those particular zone(s). 3. Ensure that vocational and trade schools, such as cosmetology schools and other specialized vocations, would not be subject to the same process as K-12 schools and colleges and universities, since they are viewed more as a business than a conventional school. ANALYSIS Staff is proposing amendments to the Development Code consistent with the directives of the Council and Ad-Hoc Subcommittee as outlined below: Staff is proposing an amendment to the Development Code to ensure all Kindergarten through Grade Twelve (K-12) public and private schools are processed and reviewed in the same manner by utilizing the existing term "Educational Institution" as redefined to serve as reference for all K-12 schools (public and private) and also incorporates colleges and universities. The term Educational Institution removes any inference within the Development Code that distinguishes public schools from private schools. Furthermore staff is proposing that all Educational Institutions [except those exempt by State law] will be required to obtain approval of a Conditional Use Permit (to ensure that the placement of schools and their relationship to surrounding uses, as well as CEQA impacts, are analyzed on a case by case basis with each Conditional Use Permit application) by placing a "C" (for permitted by conditional use permit) within all rows where the Description of Use is "Educational institution" within all land use tables of Title 17 as follows: A. A "C" (for permitted by Conditional Use Permit) has been placed within all rows where the Description of Use is "Educational Institution" in Neighborhood Commercial (NC), Community Commercial (CC), Highway Tourist (HT), Service Commercial (SC), Professional Office (PO), Business Park (BP) and Light Industrial (LI). The Ad-Hoc Subcommittee requests that the Planning Commission discuss at the public hearing whether there are specific Zoning Districts where schools should not be conditionally permitted (such as Light Industrial or Highway Tourist) for further consideration by the City Council to disallow schools in those zone(s). B. A "C" (for permitted by Conditional Use Permit) has been placed within all rows where the Description of Use is "Educational Institution" in all Planned Development Overlay Districts, except if the Planned Development Overlay District prohibits schools (then it will remain prohibited). It is important to note that Linfield Planned Development Overlay-7 has been revised to require a Conditional Use Permit; however, Linfield has an approved Master Plan Conditional Use Permit for all of their school facilities and this amendment will not harm their entitlement nor preclude Linfield from modifying their existing and legal Conditional Use Permit. Staff has defined the term "School, trade or vocational" and replaced all references to "Schools, business and professional" with "Schools, trade or vocational" to clarify the intent of the Development Code since the terms were used interchangeably and this clarifies its description. The land use permissions will remain the same. Staff has made a few minor clarifications to ensure uniformity throughout the Development Code consistent with these modifications. A redlined proposal of Development Code amendments is attached as Attachment "A." LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on September 6, 2008. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA Section 15061(b)(3). It can be seen with certainty that there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code may have a significant effect on the environment. Staff concluded that there is no possibility that the Code amendments may have a significant effect on the environment because the proposed Development Code Amendments are minor policy changes and clarifications to Title 17 of the City of Temecula Municipal Code. Staff has determined that the land use impact for a school does not change based on whether the school is public or private. Since private schools are permitted in certain Zoning Districts where public schools are not permitted and since public schools are permitted in certain Zoning Districts where private schools are not permitted, an Amendment is proposed to establish "Educational Institution" as the term for purposes of maintaining consistency between public and private schools in all zoning districts. Staff has further determined that all Educational Institutions, including kindergarten through grade twelve schools, and colleges and universities, shall be required to process a Conditional Use Permit which will require a site-specific review and CEQA analysis. The proposed Amendment will strengthen the City's ability to conduct a CEQA review for future Educational Institutions since certain Zoning Districts did not previously require a Conditional Use Permit analysis for Educational Institutions whereas the proposed amendment will require that no Educational Institution shall be permitted without analysis of a Conditional Use Permit, which requires a site-specific CEQA review for every application including colleges and universities where the City is the lead agency. These proposed amendments are minor clarifications of the Code and will ensure compliance with CEQA. As such, there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code will have a significant effect on the environment. FINDINGS The Planning Commission, in approving the proposed Municipal Code amendments in Long Range Planning Project No. LR08-0039, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code. The proposed amendments to Title 17 of the Temecula Municipal Code are allowed in the land use designations in which the uses are located, as shown on the land use map, or are described in the text of the General Plan. The proposed amendments to Title 17 of the Temecula Municipal Code are in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed amendments to Title 17 of the Temecula Municipal Code are consistent with the General Plan and all applicable provisions contained therein. ATTACHMENTS PC Resolution Exhibit A - Draft CC Ordinance Attachment "A" (a redlined proposal of Development Code amendments) March 19, 2008 Planning Commission Staff Report and Minutes May 13, 2008 City Council Staff Report and Minutes Notice of Public Hearing MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION SEPTEMBER 17, 2008 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on Wednesday, September 17, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Commissioner Chiniaeff led the audience in the Flag salute ROLL CALL Present: Commissioners: Carey, Chiniaeff, Guerriero, and Telesio Absent: Harter PUBLIC COMMENTS No comments at this time. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of August 6, 2008 1.2 Approve the Minutes of August 20, 2008 MOTION: Commissioner Chiniaeff moved to approve the Consent Calendar. Commissioner Carey seconded the motion and voice vote reflected approval with the exception of Commissioner Harter who was absent. Item No. 2 was addressed on pages 3-9. RAMinutesPC\091708 PUBLIC HEARING ITEMS 3.1 Adopt a resolution entitled: PC RESOLUTION 08-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ZONING STANDARDS APPLICABLE TO EDUCATIONAL INSTITUTIONS AND SCHOOLS AND AMENDING THE TEMECULA MUNICIPAL CODE" Junior Planner Lowrey provided a PowerPoint Presentation, highlighting the main components of staff's report as follows: • Background • Current Commercial Zoning • Analysis o Planned Development Overlay 1 o Planned Development Overlay 3 o Planned Development Overlay 7 o Planned Development Overlay 8 o Planned Development Overlay 10 • Recommendation Junior Planner Lowrey provided the Planning Commission with an exhibit that displays the zoning map. At this time, the public hearing was opened. For the record, Chairman Telesio advised that he had a short telephone conversation with Mr. Markham with respect to the staff's Conditions of Approval. A. Mr. Larry Markham, Temecula, representing Julian Charter School, relayed that the applicant would be in agreement of the Conditions of Approval and would look forward to moving the proposed project forward. At this time, the public hearing was closed. Commissioner Chiniaeff expressed his concern with placing schools in the Highway Tourist and Light Industrial Zones. R1MinutesPC\091708 MOTION: Commissioner Chiniaeff moved to approve staff recommendation as proposed, but would request the removal of the condition allowing schools to be placed in the Highway Tourist and the Light Industrial Zone. Commissioner Guerriero seconded the motion and electronic vote reflected approval with the exception of Commissioner Harter who was absent. 2 2.1 Adopt a resolution entitled: PC RESOLUTION 08-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NUMBER PA08-0008, A DEVELOPMENT PLAN TO CONSTRUCT A 66,075 SQUARE FOOT, FOUR- STORY BUILDING WITH HEIGHT INCREASE UP TO 66'3" WITH PROPOSED USES TO INCLUDE FIRST FLOOR RETAIL AND OFFICES ON THE SECOND THROUGH FOURTH FLOORS AND PLANNING APPLICATION NUMBER PAO& 0083, AN ASSOCIATED SIGN PROGRAM WHICH INCLUDES A VERTICAL MARQUEE, DIRECTIONAL BLADE SIGNS, WALL/FRIEZE BUILDING SIGNS, AND WINDOW SIGNS FOR THE TRUAX BUILDING LOCATED AT THE NORTHWEST CORNER OF MERCEDES AND SECOND STREETS (APNS 922- 043-012 AND 922-043-017) Associate Planner Peters, by way of PowerPoint Presentation, highlighted the following main components of staff's report: • Project Description • Location • Site Plan • Elevations • Special Considerations • Sign Program • Sign Details • Recommendations Director of Public Works Hughes relayed the following comments regarding Public Works Conditions of Approval: • That granting the applicant's request as proposed, would severely weaken the department's ability to manage the design of the street improvements • That the public works department is responsible for what is built in the City's right-of-way • That as engineering representatives of the City of Temecula, it would be staff's responsibility to point out challenges and make recommendations of approval • That regardless to the challenge of the public work's conditions, it would be the responsibility of staff to ensure that all City streets are safe RAMinutesPC\091708 RECOMMENDATION: COUNCIL BUSINESS ITEM NO. 24 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: November 18, 2008 SUBJECT: Community Services Commission Appointment PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: Appoint one applicant to serve a full three-year term on the Community Services Commission through October 10, 2011. BACKGROUND: The term of Commissioner Jim Meyler expired on October 10, 2008. The City Clerk's office has followed the Council's established procedure for filling Commission vacancies by advertising the openings in the local newspaper. Notices were also posted at various locations within the City and on the City's Web page. When the deadline was reached for accepting applications, the applications were forwarded to the subcommittee comprised of Mayor Naggar and Council Member Comerchero for review and recommendation. Both Mayor Naggar and Council Member Comerchero have recommended the re-appointment of Jim Meyler to serve a full three- year term through October 10, 2011. All applicants are registered voters and live within the city limits of the City of Temecula. Attached are copies of the applications that were received by the filing deadline of September 23, 2008. FISCAL IMPACT: None ATTACHMENTS: Six (6) Applications for Appointment 09-23-D8A07:57 RCVD City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appointment Application EOVED 23 2008 ARKS DEPT. NAME: &01 CroYxwve-l/rl OCCUPATION: ~~rec~or ADDRESS: 3os-&S g-sreyd Sr , 7emmulw A era- `tL DAYTIME PHONE: Cg SIl 69 S-Sl / l EVENING PHONE: cel I EMPLOYER NAME: l ri wtft TeKo~S a. A'+l EMPLOYER ADDRESS: /o/ SPrRcrs IJKwS/+ E-MAIL Educational Background/Degrees: List any City or County Board, Committee or Commission on which you have served and the year(s) of service: sc ~ /7` 7-7'~°• a sl s.7~ - List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) _ SEE- /77Ti4t'rf~ls - 1 understand that any or all information on this form may be verified. I consent to the release of this information for public information purp9t5vs. re• Date: q--Z4 - ZoOg Please return to. City Clerk's Office, 43200 Business Park`Dnve (96) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Please check one: F-71 Planning ® Community Services 0 Public Traffic Safety Number of years as a City of Temecula Resident .3 Are you a City Registered Voter? __)~es Education Background/Degrees: • B.A. Degree, History. California State University Hayward, California List any City or County Board, Committee or Commission on which you have served and the year(s) of service: • Leisure Services Board, City of Costa Mesa for 3 years. (Letter from City Manager attached) • Past President and 3-year member of the Leisure Services, Master Plan Committee for Parks & Recreation - City of Costa Mesa List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc. • President and team Captain of Inland Valley (SCGA) Men's Golf Club - 2002 & 2003 • Assistant to Golf Coach - Linfield Middle School, Temecula, CA - 2005, 2006 • Active and support of Great Oaks High school Water Polo - 2007 • Strong Volunteer Support of Chaparral High School Water Polo - 2008 • Director on National Board Commission, US Trailer Manufactures-2006 to December 31, 2008. (TMA Board advises US trailer manufactures and certifies trailers to industry standards and works with State and Federal government for industry standards.) • President of Temecula Valley Golf League 2005 to 2008 (term ending December 31, 2008) • (Eight Inland Valley golf club teams playing monthly Ryder Cup format events in competition format) • Local teams include SCGA in Murrieta and our two Temecula golf courses: Temecula Creek Inn and Temeku golf clubs State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. My family absolutely loves living in the Temecula community and I feel it is a city with a great past and present and if given the opportunity, I would be ecstatic to be even a small part in giving back to a City that provides so much to its residents. In 2004,1 see my time obligations involving my business and most of my current non-profit activities will be greatly reduced. I feel that many years of dealing with staff, customers and volunteers in numerous activities have given me the background to clearly define objectives and work well in community services and will present an opportunity to contribute to the community of Temecula. WISHES FoR CHILDREN Charles Pate Founder / President / CEO 44752 Corte Sanchez Temecula, CA 92592 951 302-2231 home 951 326-0618 cell 951 302-6367 fax ccpateiii@hotmail.com City Council / Community Services Commission City of Temecula 43200 Business Park Drive Temecula, CA 92590 September 19, 2008 Dear City Council and Commission: This letter is to offer my support and recommendation of Paul Crommelin to serve as a member of the Temecula Community Service Commission. Paul Crommelin has been very supportive to "Wishes for Children Foundation", located here in Temecula, an organization of which I am Founder and President over the past five years. I have known Paul and his family on a personal basis and he has shown himself to be trustworthy, hard working and a man of integrity. Paul is a sound family-man and a person you can count on to "roll his sleeves up" to get a job done. His actions have demonstrated and validated his interest in his Community. Paul approaches each task given to him in a very professional manner with utmost zeal and interest. I can wholehearted recommend Paul to be a productive asset to the Community Service Commission for the City of Temecula, and without doubt you will find him to be a pleasure to work with and one who will bring enthusiasm and energy to the Commission. With any questions that you may have about Paul you may contact me at anytime. Sincer , Charles Pate Founder/ President /CEO Wishes for Children@ Foundation www.WishesforChildren.org CITY OF COSTA MESA CALIFORNIA 92628-1200 P. O. BOX 1200 FROM THEOFFICEOFTHE CITY MANAGER November 18, 1986 Mr. Paul Crommelin 1701 Golf Course Drive Costa Mesa, CA 92626 Dear Paul: On behalf of the City of Costa rMesa, I would' like to express our appreciation for your contribution of time and talent to the Costa Mesa Men's Club Board of Directors, including your year as President,` time served on the Board, and your service on the Master Plan Committee. As I'm sure you are aware, the quality of any voluntary organization is directly related to the dedication of its members, members who give of their time and are willing to express their ideas and concerns for the betterment of the group. Paul, may I again express our appreciation of your contributions to the betterment of both the club and our course at the Costa Mesa Golf and Country Club.. Sincerely, ,.g ZI_ Allan L. _Roeder City Manager ALR/ib - - Trailer Manufacturers Association - TMA Board - 2006 - 2008 Board of Directors Page 1 of 2 TMA Board 2006 - 2008 Board of Directors Mr. Gary Potter, Chairman General Manager, Custom Division E-Z Loader Boat Trailers, Inc. 6533 Highway 126 North P.O. Box 270 Midway, AZ 72651 Tel: 870-081-5138x227 Fax: 870-481-5146 Email: gootter@ezloader.com Mr. Craig Clawson, Vice Chairman Magic Tilt Trailers Inc. 2161 Lions Club Road Clearwater, FL 33764 Tel: 727-998-8458 Fax: 727-539-8472 Email: clawsoncj@macictilt com Mr. Andy Brosius, Director Midwest Industries Highway 59 & 175 P.O. Box 235 Ida Grove, IA 51445 Tel: 712-364-3365 Fax: 712-364-3361 Email: abrosius(o)midwestindustdes.com Mr. Paul Crommelin, Director Cequent Trailer Products 1050 Indianhead Dr. Mosinee, WI 54555 Tel: 715-693-1700 Fax: 715-693-1799 Email: crommelin_ cecuentgrouo com ~Mr. Bernie Goettker, Director Unique Functional Products 135 Sunshine Lane San Marcos, CA 92069 Tel: 760-744-1610 Fax: 760-744-1616 Email: bcoettkerCa)ufpnet.com ~Mr. Rod Harklau, Director Mr. Rod Harklau General Manager Yacht Club Trailers 1419 11 St. N. P.O. Box 569 Humboldt, IA 50548 Tel: 515-332-1802 Fax: 515-332-1833 Email: rowachtclubtrailers.com -Mr. Chuck MacKarvich, Director http://www.trailermanufacturersassociation.org/aboutus/aboutus4.htnil 9/20/2008 City of Temecula 09-22-06P04: 39 RCVD 43200 Business Park Drive Commission Appointment Temecula, CA 92590 www.cityoftemecula.org Application (951) 694-6444 P 2 2 2®®8 CLERKS 09PT Please check one. 0 Planning Community Services 0 Public Traffic Safety Number of years as a City of Temecula Resident 3 Are you a City Registered Voter? Yes NAME: Kristen Hufford OCCUPATION: Mffketine ADDRESS: 32669 Clearvail Drive Temecula, CA 92592 DAYTIME PHONE: 760-763-0679 EVENING PHONE: 951-302-8893 EMPLOYER NAME: Marine Corps Community Services EMPLOYER ADDRESS: Bldg. 1100 Camp Pendleton, CA 92055 E-MAIL kristen@mccscp.con Educational Background/Degrees: Associate of Arts Degree, General Studies (Central Texas College), Bachelor of Arts Degree, Communication (California State University San Marcos), Master of Science Degree, Business Management (Troy University) List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): American Marketing Association (AMA), Injured Marine Scraper Fi Fund (Raise money through marathons) Vail Creek Homeowners Board of Directors (Elected 2006, Re-Elected 2008) Courteau Child Development Center Parent Advisory Board (Elected 2005) State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) Please see attached. I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: 42~ Date: 9' 0-~o 0 Please return to: City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE 32669 Clearvail Dr. Temecula, CA. 92592 Tel 951-302-8893 kristen0mccsco.com September 20, 2008 City of Temecula Community Services Commission 43200 Business Park Drive Temecula, CA 92590 Dear Commission Appointment Committee, Thank you for the opportunity to address you regarding the open seat on the Community Services Commission. I wish to serve on this commission for a variety of reasons; the most important being that the services this commission oversees directly impact my life and the lives of my family. I have a desire to work for the community in a capacity that benefits all residents and improves the quality of life of our citizens. I am qualified for this position because of my many years of community service, volunteerism and service to our country. I began my adult life as a Marine serving four years active duty and another six as a reservist. I attended college and volunteered on a Communication committee. After marrying my husband, who is currently preparing to retire from the Marine Corps, 1 worked with the Key Volunteer Network, helping the junior spouses navigate the military life. I've been active the past three years as a board member for my Home Owners Association as well as holding a seat on my children's school parent board for the past three years. At my current position as Senior Marketing Executive, Marine Corps Community Services, I develop marketing plans, work with sponsors, plan events, manage web content and more for two of our largest division, our Recreation account and our Services accounts. I have a vast knowledge of athletics, children's sports programs, parades, races and many other events that coincide with the mission of the Community Services Commission. Although I have never formally sat on a city commission, I'm of the firm belief that citizens must take responsibility for the environments they live in. My children play sports in this city, they participate in the city's activity programs, and they will attend public schools in Temecula. I have a vested interest in keeping our city growing and providing the highest standard of services available. I thank you for your time and look forward to your decision. Respectfully submitted, Kristen Hufford Marine Corps Base Camp Pendleton Camp Pendleton, CA 92055-5020 5000 MCCS 19 Sep 08 Community Services Commission City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 To Whom it May Concern: It is with pleasure that I recommend Ms. Kristen Hufford for a position with the Community Services Commission, City of Temecula. Ms. Hufford has served Marine Community Services for four years and has played a significant role in providing quality recreation and community events to the Camp Pendleton community with its population of over 60,000 personnel. She has assisted in the promotion and execution of an aggressive intramural program in support of the fitness requirements and competitive recreation of our active duty personnel. The successful results of her efforts in the promotion and organization of a variety of youth sports activities is well recognized and most appreciated. Additionally, she has been the lead promoter and active supporter of a variety of military and community educational and recreational events. Her promotion of the Camp Pendleton race series - triathlon, duathlon, half marathon, 10K Run, Mud Runs - supports a strong participation from Camp Pendleton along with thousands of guests throughout Southern California. Ms. Hufford's personal involvement in volunteering with several of the local charity organizations has been well received and has improved the level of service provided to those in need. I am confident that you will find Ms. Hufford to be a valued member of your Commission. If you have any questions, please feel free to contact me at (760) 725-5551. L. 1H VF R Assistant hief of Staff Marine Co s Community Services Marine Corps Base Camp Pendleton N vj. MN! Community L Services Camp Pendleton Community Services Commission City of Temecula Temecula, CA 92589-9033 To Whom It May Concern: Camp Pendleton, CA 92055-5020 MCCS 9/22/08 As Marketing Director of Marine Corps Base, Camp Pendleton I am delighted to recommend to you a stellar member of our marketing executive staff, Ms. Kristen Hufford, and to write this letter on her behalf. Ms. Hufford has served Marine Corps Community Services for four years as our Senior Account Executive. She is one of our most popular and effective account executives recognized for her skills and expertise Marine Corps wide. Her responsibilities rum the gamut of supporting two of the largest accounts within Marine Corps Community Services. Ms. Hufford is a master of all the ingredients of successful marketing and business planning, especially the ability to inspire. Ms. Hufford serves the Camp Pendleton community of over 60,000 personnel with a comprehensive intramural program recognized worldwide. She is also responsible for the business aspect of Marine Corps Community Services that generates $20,000,000+ of annual sales. Let me say that I have no doubt she can adeptly meet any challenge. She has shown me repeatedly that she is profoundly dedicated and responsible. Ms. Hufford has personally volunteered with local charity organizations and is recognized for all of her continuous support. It is a real honor to witness Ms. Hufford's development at Marine Corps Community Services. I am confident that she is fully prepared to assume a position with the Community Services Commission, City of Temecula. If you have any questions, please feel free to contact me at (760) 725-3691. Sincerely, ~f PatriciaN. Heath Director of Marketing Marine Corps Community Services 09-23-08P72:56 RCVD City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appointment Application 'rppm~ ~ by,~y yq~~°®®Kgg~~''¢qy~ 4Etc~92i'S°' ®WE- P/ease check one: 0 Planning © Community Services C] Public Traffic Safety Number of years as a City of Temecula Resident 13 Are you a City Registered Voter? YES NAME: James E. McCann Jr. OCCUPATION: Air Traffic corarruerawtructoru ADDRESS: 41847 Via Vasquez, Temecula, CA 92592 DAYTIME PHONE: 951-693-9776 EVENING PHONE: 951-693-9776 EMPLOYER NAME: Washington Consulting Group/Federal Aviation Administration EMPLOYER ADDRESS: 7000 Merrill Ave, Box 2, Chino CA 91710 E-MAIL M-c-Iii-@ Educational Background/Degrees: High School Degree List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Southern California Airspace Users Group-1994-1995 (FAA) Temecula Middle School Site Council 2006-2008- Chairman List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): National Air Traffic Controllers Association, USA Inline Hockey Association Temecula Valley Inline Hockey Associaiton AOPA Pilots Association State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) Please see attached. 1 understand that any or all information on this form may be verified.) consent to the release of this information for public information purposes. Date: 912 return to: City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Applicant: Mr. James McCann Commission Appointment Application Question #3: State why you wish to serve on this commission, and why you believe you are qualified for the position. Be specific. As I begin to finish my career as an air traffic controller with the FAA, my opportunity to serve on this commission has become available. Most active members of our society would agree that for one to achieve a position in politics, one must begin with small steps. I have chosen this commission as my first step toward my path into local politics. After a brief email to Mr. Naggar regarding seat availability under this commission, I believe that the job description clearly parallels with those activities and responsibilities I have already experienced while living in Temecula for the past 13 years. First of all, I am very active in our community's local in-line hockey program. I have been with Temecula Valley In-line Hockey Association since 1995 and have held several positions on the Board of Directors throughout the past 10 years. Currently, I am serving as a second-year President for the Temecula Valley Inline Hockey Associaiton (Non Profit) as well as Head of Officials. Our league continues to work closely with the City of Temecula and most recently, it is because of this relationship built between the city and our league, we have a new and improved Ronald Reagan rink upgrade facility for the citizens of Temecula to practice and compete on. Additionally, as president, I have also worked with the TVUSD and established a local middle school hockey program in an effort to combine not only a safe after school sport for middle school students but to also provide a way for fellow students to come to cheer their fellow classmates on and build school spirit. This program has been successful as we enter into our third year, and we are happy to report that this program does not cost anything to the local school district. I have also served on the Boys and Girls Club hockey board when Mr. Frank Stipatti ran this division. I organized their officials program as well and became a referee trainer under USA Hockey in1997.1 have conducted several instructional clinics over the years in the valley. From 1994 to 19951 served on the Southern California Airport Users Group (FAA). This group consisted of aviation experts from all areas of aviation. We redesigned airspace that allowed aircraft to safely move through the airspace above Southern California as well as solve everyday problems in the busy sky's above. In 1996,1 was one of the first members of the National Air Traffic Controllers Association. I served as the Western Pacific Regional head in the organization of the controllers. The union was certified in 1996. Finally, in closing, I believe that I can bring fresh ideas into our community. I am fiscally responsible, and I believe in accountability in those that make decisions that affect us all. Sincerely, James McCann, Jr. Temecula Resident CITYOF TEMECULA APPLICATION FOR REAPPOINTMENT TO COMMUNITY SERVICES COMMISSION ATTACHMENT FOR JAMES A MEYLER OCCUPATION: President Manager Mesa Business Services, Inc. Donald McLean & Co., CPA's 31813 Via Campanario 38760 Sky Canyon Dr., Suite C Temecula, CA 92592 Murrieta, CA 92563 COMMITTEES OR COMMISSIONS SERVED: 1992 -1993 - Served on Economic Development Committee for formation of General Plan for City of Temecula 1997 to Present - Served as Community Services Commissioner (incumbent). Was Chairman in 2002 and again in 2005. Served on numerous committees for development of recreational activities, library, museum, children's museum and Cultural Arts Master Plan 2001 to 2004 - Served on Citizen's Advisory Committee for update of General Plan for City of Temecula. MEMBERSHIP/ACTIVITIES IN ORGANIZATIONS: Arts Council of Temecula Valley -Founding member- served three years as President. Resigned in 1999 to avoid conflict of interest as a Commissioner. Currently serving as accountant. As president, in 1991, 1 organized the first Mayor's Ball and also that year I started the first Concert on the Green in Temecula. In 2006, Mrs. Meyler and I received the Arts Council's award as Outstanding Contributors to the Arts. Temecula Sunrise Rotary Club - Member since 1989. Director for eight years. Treasurer and/or Foundation Treasurer for seven years. Obtained IRS approval for 501(c3) status for Temecula Sunrise Rotary Foundation. Mrs. Meyler and I are both Paul Harris Fellows in Rotary. Rotary International District 5330 - In 2005, served as Treasurer for this Rotary District with 58 Rotary clubs. Founded the District Music Competition with hundreds of participants in Riverside and San Bernardino counties. The competition now yields over $5,000 per year in cash prizes. Temecula Valley Chamber of Commerce - Recently received plaque for 25 years of membership. Director for five years, three years as Treasurer. Also served as Chair of Ambassador's Committee. 1985 nominee for Business of the Year. Assistance League of Temecula Vallev -ALTV Advisor and Accountant. Temecula Valley Historical Society - accountant Musicians' Workshop - accountant California Society and National Society of Enrolled Agents - Served on executive board and as vice president of Palomar Chapter. University of California Riverside Planned Giving Advisory Board - Board member. 2001 - 2002 Chairman for Southwest Riverside County. American Society of Mechanical Engineers - served on Los Angeles Section Executive Committee and one year as Chairman of this six thousand member group. APPLICATION FOR REAPPOINTMENT TO COMMUNITY SERVICES COMMISSION ATTACHMENT FOR JAMES A MEYLER MEMBERSHIP/ACTIVITIES IN ORGANIZATIONS - continued Temecula United Methodist Church - Currently serving as Chairman of the Finance Committee. QUALIFICATIONS FOR SERVING ON COMMUNITY SERVICES COMMISSION: The City of Temecula is placing more and more emphasis on arts and cultural activities. This is evidenced by the City's development of a Cultural Arts Master Plan and the continuous funding to implement the plan, its support of the Old Town Temecula Community Theater and the emphasis on art in public places. I assisted in development of the master plan and have dedicated my services as a Commissioner to assist the Community Services Department in overseeing the implementation of the plan. I have attended and participated in most of the meetings leading to the development of the Temecula Valley Museum and of the Children's Museum as well as many other Community Services activities and facilities. Mrs. Meyler and I have been members of the Friends of the Library for many years and we have participated in the development of the new library. In 1982 my wife and I formed General Business Services in Temecula. This tax and accounting practice grew to be the largest of its kind in the Temecula Valley, and in 1989 we merged the business with Donald McLean & Co., CPA's with whom I have been continuously associated. I am currently serving as manager of this CPA firm with a nine person staff. My accounting and financial background has been helpful in providing input to the Community Services Commission. The City of Temecula has invested a good deal of time and money in my education and training as a commissioner. I believe that the City's investment is being paid off by my performance as a commissioner. I love Temecula and I can help to keep improving it by continuing as a Community Services Commissioner. 09-23-J SiH2: ~ i -_P 2 3 2008 CLEPHS, DEr9T, 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 P/ease check one: 0 Planning l-7Z_1 Community Services F---j Public Traffic Safety Number of years as a City of Temecula Resident J, Are you a City Registered Voter? 61 ~ NAME:V/0rV/ l %P~Y .0'y® OCCUPATION: 0b11AnG*'eW- ADDRESS: Ce_1~ DAYTIME PHONE: E"°~ ~ I;: PHONE: 71? - 013 EMPLOYER NAME: EMPLOYER ADDRESS: E-MAIL Educational Background/Degrees: lows List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): il UrA!G> a , State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Date: a3 -or City of Temecula Commission Appointment Application mce= __@6ED s For'proper consideration,'you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula C-1 r Please return to: City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to. P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE September 23, 2008 City of Temecula Community Services Commission I wish to serve the City of Temecula, because I am interested and committed to continuing the good work of community services to the residents within Temecula. I believe with my business skills and knowledge, I can assist the Commission in achieving their goals of servicing the community. I am interested in "taking care of mankind" in this part of my life and hope to be part of a commission that brings great programs and services to the community. Although I worked in corporate America for over 20 years and raised 4 adult children, I now stay home with my six-year old son (attending Rancho Elementary) and choose to volunteer my business experience and skills to "promote change" within organizations that serve the community. I have attached my resume for your review and also included a recommendation. Thank you for your consideration of me as a candidate. Sincerely, Cheryl Peterson Cheryl L. Peterson 40932 Cebu Drive, Temecula, CA 92591 (951) 587-6563, email: cheri5485@aol.com Education: Graduate: Master of Business Administration, 1999 Chapman University Undergraduate: B.A., Business Administration, 1990 California State University, Fullerton Experience: Temecula Valley Garden Club (2008) (Volunteer) Vice-President: responsible for setting up communications system to include (set-up web site, weekly a-news, monthly newsletter and status reports on projects) to club members; publicity (write press releases and announcements); schedule speakers for monthly meetings; write and submit grants applications for community service projects; set-up "Friends" of TVGC program, solicit donations for community service projects; co-chair GROW IT & GIVE IT community service project (wherein we grow/purchase fresh produce to be given to the food pantries in Riverside County. Good News (2004-2005) (Volunteer) Assistant Editor: assist Managing Editor in start-up of new publication, to include assistance in managing writing team, editing, budgeting, advertising, reporting and sales. Providian (2000-2002) Project Manager: managed internal software and hardware modifications and implementation; in charge of improving software and user processes within several departments. Consultant (1998-1999) On-site consultant for Kuakini Hospital in Oahu, Hawaii; specialized in educating and working through processes related to patient care & financial software installation, education of staff, analysis, and successful client relations required to take hospital "live". Ouality Systems. Inc. (1996-1997) Department Manager, Software Application & Training: developed project management methodology and training materials; managed project managers, trainers and data entry analysts; developed budgets and forecasts for site projects. The Compucare Co. (1991-1996) Project Manager: expertise in hardware and software implementation of hospital information systems; on-budget; managed project teams, interfaced with hospital executive management; problem-solving, follow-up on issue and programming modifications; expertise in contract management and negotiations, organized and able to assist hospitals in complete conversion to new information system. Business Application Analyst & Trainer: expertise in financial applications software, trainer for hospital personnel (5 day training class); responsible for installation, user-training, implementation of business processes required or needed to change, user issues; troubleshooting; interface between hospital financial department and The Compucare Co.; follow-up, testing and quality assurance of product and delivery. Temecula Valley Garden Club "Growing Together" P. O. Box 1526, Temecula, CA 92593 September 23, 2008 To Whom It May Concern: I am pleased to have the opportunity to recommend Cheryl Peterson to serve on the City of Temecula Community Service Commission. Cheryl joined the Temecula Valley Garden Club (TVGC) last year and in her brief time with us has made significant contributions to our organization. Chief among these was the creation and management of our club website, the establishment of a major community service project to provide fresh produce to local needy families, and writing grants to help fund this and other club projects. Cheryl presently serves on the TVGC Board of Directors as 1" Vice President. As President of the Board, I have worked closely with her on club matters and become very well acquainted with her. I have found her to be smart, dedicated, energetic and well organized. She is sensitive to other, works well as a member of a team and can motivate and inspire those that work with her. I feel she would be an excellent choice to sit on the Temecula Community Service Commission. Sincerely, Susan W. Puma President ITEM NO. 25 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: November 18, 2008 SUBJECT: Public/Traffic Safety Commission Appointments PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: Appoint two applicants to serve full three-year terms on the Public/Traffic Safety Commission through October 10, 2011. BACKGROUND: The terms of Commissioners Pete Ramos and GaryYoumans expired on October 10, 2008. The City Clerk's office has followed the Council's established procedure for filling Commission vacancies by advertising the openings in the local newspaper. Notices were also posted at various locations within the City and on the City's Web page. When the deadline was reached for accepting applications, the applications were forwarded to the subcommittee comprised of Mayor Naggar and Mayor Pro Tern Member Edwards for review and recommendation. Mayor Naggar and Mayor Pro Tern Edwards recommended the re-appointment of Pete Ramos and Gary Youmans to serve full three-year terms through October 10, 2011. All applicants are registered voters and live within the city limits of the City of Temecula. Attached are copies of the applications that were received by the filing deadline of September 23, 2008. FISCAL IMPACT: None ATTACHMENTS: Eight (8) Copies of Applications for Appointment '9-23-38/109:49 RCVD City of Temecula 43200 Business Park Drive Commission Appointment Temecula, CA 92590 www.cityoftemecula.org Application (951) 694-6444 ECEIVED EP 2 3 2008 CLERKS DEPm Please Check over r I Planning Community Services ® Public Traffic Safety Number of years as a City of Temecula Resident 6 Are you a City Registered Voter? YES NAME: Joseph J. Kresl, Jr. OCCUPATION: construction Manager ADDRESS: 42234 Camino Merano. Temecula, CA. 92592 DAYTIME PHONE: (951) 634-2733 EVENING PHONE: (951) 587-8531 EMPLOYER NAME: EDGE Development, Inc. EMPLOYER ADDRESS: 27368 Via Industria,#100,Temecula, CA.92590 E-MAIL ancresi@venvnn.net Educational Background/Degrees: Please see attached Resume for all educational background/degrees. List any City or County Board, Committee or Commission on which you have served and the year(s) of service: NONE List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): I have coached youth recreational roller/ice hockey intermittently for the last 6 years. State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) PLEASE SEE ATTACHED DOCUMENTATION. 1 understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. re: Y,,-D - Date: ( aJ 0 U Please relm, o: City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to., P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE ATTACHMENT TO COMMISION APPOINTMENT APPLICATION SUBJECT: Why I wish to serve/am qualified to serve on the commission Since I moved to Temecula approximately six years ago, I have admired/respected how efficiently and effectively the City is run. I would like to contribute to that success by serving on the Public/Traffic Safety Commission, where my extensive experience, background, and abilities can be utilized for the City. I have worked in the construction industry for over 20 years. I have managed multi-million dollar projects and have worked with numerous people from both public agencies and private industry companies, on a daily basis, in the process of completing my assigned projects. I am very good in dealing with people of all backgrounds and fully understand that decisions are made based on the facts or information presented and not based on "personal/emotional" interests or views. I have to negotiate/administer issues on a daily basis and because of this; I have become very experienced at resolving problems/issues. My extensive background would bring to the commission a person who has "dealt" with various people representing various interests. I am a problem solver, not a problem creator! I would greatly appreciate the opportunity to contribute, in order to help ensure the City continues to develop/grow in a way that is true to its past, present, and future plans/traditions. Professional references: Ron Guerriero, Commissioner, City of Temecula Planning Commission For other references, please see attached Project Reference Listing Friday, September 19, 2008 Honorable Mayor Mr. Mike Naggar Councilmember's Roberts, Comerchero, Washington and Edwards I am pleased to support Joe Kresl for a position on the Temecula Traffic and Public Safety Commission. I have known Joe Kresl for 5 years and have found him to be a family man, honest, educated, and a professional individual. He possesses a great knowledge of planning, development, infrastructure, and community involvement that makes him a perfect candidate for this position. He has watched our community grow and is excited to become a part of the ongoing planning for our community. Joe has been asking me for years how he could become involved in city government, and I believe this is the opportunity he has been waiting for. I feel strongly that Joe Kresl will be an outstanding member of the commission and his years of development and planning experience will benefit our city. Please give Joe the opportunity to serve the Council and citizens of Temecula. Respectfully Submitted _ /I Ron Guerriero JOSEPH J. KRESL, JR. 42234 Camino Merano Temecula, CA. 92592 (951) 587-8531 SUMMARY OF QUALIFICATIONS > 20 years of strong and comprehensive Management experience. > Adept in handling diverse financial procedures, encompassing budget preparation and control, equipment procurement, accounts payable/receivable and payroll. > Proficient skills in contract administration and negotiations, following through to successful completion on time and within budget. > Excellent verbal communicator; build and maintain a strong rapport with clients, suppliers, subcontractors, and all levels of personnel. > Distinct staff management background: interview, hire, schedule, train and evaluate, providing motivation and guidance. > Competent in management of day to day business operations and generation of long range business plans. > Strong problem solver, determined, and hands-on manager. > Proficient in Microsoft Word, Excel, Outlook, Project, Power Point, & ProLog. EDUCATION UNIVERSITY OF REDLANDS, REDLANDS, CALIFORNIA Bachelor of Science in Business and Management - May 1998 UNIVERSITY OF CALIFORNIA, RIVERSIDE Certificate in Educational Facilities Planning - January 1999 CALIFORNIA STATE POLYTECHNIC UNIVERIITY, POMONA Certificate in Construction Management with an emphasis in Technical Studies - December 2002 Certificate in Construction Management with an emphasis in Managerial Studies - August 2003 UNITED STATES MARINE CORPS SCHOOLS Various Leadership & Electronic Courses PROFESSIONAL EXPERIENCE 2003-Present EDGE DEVELOPMENT, INC., TEMECULA, CALIFORNIA Construction Manager Responsibilities include ongoing Project Management for various school districts, which includes: pre-construction phase, continuous project management, administration, and project close-out. The types of projects responsible for consist o£ modernization, expansion, and new construction. 2002-2003 MD ENTERPRISES, INC., ONTARIO, CALIFORNIA Director of Project Management Hired to administer the day-to-day operations of the newly established Project Management Division. Overall responsibilities include: Oversight/management of all projects throughout the State of California, budget monitoring by project, contract administration, receivables, payables, personnel, estimating, site coordination, problem solving, interfacing with clients, subcontractors, and government agencies. Establish policies and procedures for this new division. 2001-2002 BERNARDS BROTHERS CONSTRUCTION MANAGEMENT, SAN FERNANDO, CALIFORNIA Project Manager Responsibilities include Project Management for various ongoing projects for the San Bernardino Unified School District, which includes: pre-construction phase, continuous project management, administration, and project close-out. The types of projects responsible for consisted of. modernization, expansion, and new construction. 1997-2001 AURORA MODULAR IND., RIVERSIDE, CALIFORNIA Director of Project Management During my fast year with this modular/construction company ($50-60M in annual sales) I held the position of a Sales/Project Manager. Due to my background, experience, and performance I was tasked to create/develop the "Field Operations Division". Within the first year I "organized" the Project Management Dept. to track projects with "formal" schedules, proper documentation, tracking reports, routine status meetings, established more customer interaction, hands-on problem solving, better cost tracking, adherence to procedures, and faster "close-out" of projects. In the Customer Service Dept. I established policies and procedures for responsiveness of service requests, customer follow-up, staffing requirements, minimum tool/equipment requirements, and timely completion of service calls. In the Shipping Dept. I developed procedures for better customer and subcontractor coordination in shipment of the prefabricated buildings, a "last-look" quality check, complete/correct "ship-loose" materials, and most importantly "on-time" delivery of buildings to site location(s). Overall responsibilities include: Oversight of $18-21M (average) in concurrent projects, site construction, budget and monitoring of budget, equipment and material acquisitions, personnel, contract administration, interfacing with clients and subcontractors, billing submissions and follow-up, problem resolution, on-site inspections/coordination, and interaction with government agencies. 1996-1997 COMPLETE COACH WORKS, RIVERSIDE, CALIFORNIA Project Manager Planned, directed, and coordinated activities of designated projects to ensure that goals or objectives of projects were accomplished within prescribed time frames and funding parameters. Streamlined the process of project tracking through the use of "formal" schedules, periodic project reviews, proper staffing requirements for each phase of the project, direct and coordinate activities of project personnel, establish procedures, review project status reports and make adjustments if necessary, resolve problems, client interaction, and confer with government agencies. 1987-1995 KINGDON & SONS, INC., MORENO VALLEY, CALIFORNIA Vice-President/General Manager Full administrative responsibility for daily operational procedures of this pipeline construction company, in the corporate office and on-site at all projects. Began with the company deeply distressed financially and successfully turned it around to a profitable corporation. Financial accountability for all receivables, payables, and budget, monitoring by project. Handle all purchasing of equipment, supplies and materials, maintaining inventory control and minimum costs. Hold periodic safety meetings and adhere to all regulatory mandates of OSHA. Also, accountable for personnel management, contract administration, interfacing with clients, subcontractors, suppliers, estimators, & government agencies. 1983-1987 UNITED STATES MARINE CORPS, VARIOUS LOCATIONS NCO of Communications/Navigations Systems Quality Assurance Inspector Honorable Discharge PROFESSIONAL LICENSES California State Contractors License - A - General Engineering Contractor B - General Building Contractor HAZ- Hazardous Substances Removal Certification ASB - Asbestos Abatement Certification HIC - Home Improvement Certification Excellent references available upon request. JOSEPH J. KRESL, JR. 42234 Camino Merano Temecula, CA. 92592 Cell #(951) 634-2733 PROJECT REFERENCE LIST EDGE Development (2003 to Present) - "The references listed below are projects I managed directly and represent total various/single project amounts. All projects were located in Southern California. Temecula Valley Unified School District - - CONTACT: Dave Gallaher, Former Director of Facilities Currently Chief of Facilities with Hayward Unified School District (510) 305-0920 Temecula Valley High School - New Theater Site Work (Nov. 2007) - $1.2M Temecula Valley High School - New Gym, Pool, & Site Work (Sep. 2007) - $23.3M Crowne Hill Elementary School (Aug. 2005) - $17M Bella Vista Middle School (Aug. 2004) - $19M Alamos Elementary School (Aug. 2004) - $13M Temecula Elementary School Expansion/Modernization (Jan. 2005) - $6M Barnett Elementary School Wing "E" Expansion (Oct. 2004) - $3M Misc. work at various sites throughout the District - $1.5M Murrieta Valley Unified School District - - CONTACT: Britt Rees, Director of Construction (951) 813-9038 Dorothy McElhinneyM.S. (CURRENTLY UNDER CONST.) - $39.6M Lake Elsinore Unified School District - - CONTACT: Mike Sattley, Former Director of Facilities Currently Project Manager with HCH Construction Managers (951) 677-9819 Lake Elsinore High School Storm Drain (Mar. 2007) - $1.1M Lakeland Village Middle School (Aug. 2006) - $27M Ronald Reagan Elementary School (Aug. 2005) - $13M Butterfield Elementary School Modernization/Expansion (Aug. 2005) - $3.5M Corona-Norco Unified School District - - CONTACT: Don Lussier, Construction Coordinator (951) 736-5048 Bernice Jameson Todd Elementary School (Nov. 2007) - $18.6M Riverside Unified School District - CONTACT: Orin Williams, Director of Facilities (951) 788-7102 Arlington & North High Schools' New Science Wings (Sep. 2004) - $5M Ramona High School Science Wings' Modernization (Sep. 2004) - $1M Page 1 of 1 Bernards Brothers (2001 to 2002) "The reference listed below is the project I managed directly and represent total various/single project amounts. The project was located in Southern California. San Bernardino Unified School District - - Kitchen Remodels at various sites - $6M Aurora Modular (1997 to 2001) - "The references listed below are projects I managed directly and represent total various/single project amounts. All projects were located in Northern & Southern California. Hayward Unified School District - - $7.4M Pomona Unified School District - - $3.5M Palmdale School District - - $2.6M Montebello Unified School District - - $2.1M Saugus Union School District - - $1.9M Palm Springs Unified School District - - $1.9M Westminster Unified School District - - $13M Claremont Unified School District - - $ 1. 1M San Marcos Unified School District - - $ LOM Kingdon & Sons, Inc (1987 to 1995) - "The references listed below are projects I managed directly and represent total various/single project amounts. All projects were located in Southern California. City of Corona - - Water Lines/Pump Station - - $1.5M Pacific Scene Development Co. - - Water & Sewer Lines, Storm Drains - - $1M Various Developers - - Water & Sewer Lines, Storm Drains, & Fire Lines - - $15K - $800K City of Hesperia - - Water Lines - - $700K City of Rialto - - Water Lines/Sewer Repairs - - $50K - $600K City of Ontario - - Water Lines - - $100K $500K City of Pomona - - Water Lines - - $350K Riverside Highland Water Co. - - Water Lines/Water Line Emergency Repairs - - $25K - $300K City of Moreno Valley - - Water Lines - - $300K Page 2 of 2 0)- 1)-) 8,002 : 5>4 RC V0 sPT Number of years as a City of Temecula Resident Are you a City Registered Voter? LS OCCUPATION: ADDRESS: DAYTIME PHONE: (N lS610 EVENING PHONE: ~~M Q EMPLOYER NAME: 1, t42 c mTA EMPLOYER ADDRESS: W +fane cuucauonai DacKgrounoiuegrees: T~~e C rn' %-ovva List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if 7eces ary. Lettgrs of r comm dation and/or references are encouraged.) T -For P ,QP of fXc2 &Min reify re~~rz~i ~uhl16 /haF~,e Sa{e 1 understand that any or all information on this form may be verified. 1 consent to the release of this information for public information purposes. c wQ ^ V(~V~ L Date: v to: City Cle 'cs_Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Please check One. 0 Planning 0 Community Services Ox Public Traffic Safety BRIAN BOUDREAU 32441 Magenta Court Temecula, CA 92592 (213) 922-2474 (Work) (951) 733-8610 (Home) EMPLOYMENT Los Angeles County Metropolitan Transportation Authority February 2003 to Present Executive Officer Project Control & Administration Responsibilities: • Direct the activities of the Project Control & Administration Department, including supervision of 24 staff members. • Provide policy direction in the areas of budgets, finance, cost engineering, scheduling, configuration management and information systems for construction projects. • Establish and monitor short and long range strategies, goals and objectives. • Negotiate and manage funding agreements with federal, state and local agencies. • Negotiate and manage consultant contracts in support of construction projects. • Prepare and present reports to executive staff and the Board of Directors. September 1996 to January 2003 Director of Grants Management & Administration Responsibilities: • Direct the activities of the Grants Management & Administration Department, including supervision of nine staff members. • Manage the preparation of applications and allocation requests to federal, state and local transportation funding agencies for financing of MTA projects and programs. These agencies include, but are not limited to, the Federal Transit Administration, Federal Highway Administration, California Transportation Commission and Caltrans. • Develop and negotiate Full Funding Grant Agreements with the Federal Transit Administration for financing of New Start Projects. • Coordinate the preparation of periodic status reports to meet the requirements of federal and state funding agencies. • Develop and monitor forecasts, budgets and financial plans for transportation programs and projects. • Evaluate alternative funding programs, plans and strategies to enhance delivery of MTA projects. • Present information to federal, state and local agencies and elected officials regarding MTA's projects in order to assist in securing support and funding. San Diego Metropolitan Transit Development Board August 1988 to August 1996 Manager of Financial Planning & Programming Responsibilities: • Identify and pursue funding from federal, state and local agencies for transit purposes, and prepare applications and allocation requests. • Prepare and monitor financial plans and forecasts for transit projects. • Coordinate and administer funding programs, including staying abreast of program requirements and providing input regarding proposed changes to policies and guidelines. • Coordinate the preparation of periodic status reports for federal and state agencies. • Prepare and present the Transportation Improvement Program. • Monitor federal and state legislation to determine impact on MTDB programs and projects. • Represent MTDB at meetings with federal, state and local agencies. Southern California Rapid Transit District October 1982 to August 1988 Senior Program Control Analy Responsibilities: • Assist in the preparation of grant applications for federal, state and local grant funds. • Assist in the development and negotiation of funding contracts with federal and state agencies. • Prepare project cost and schedule status reports for grantor agencies. • Develop project financial reports and forecasts for use by project managers. • Provide input to regional transportation plans, including the Transportation Improvement Program and Short Range Transit Plan. • Coordinate the development of the annual capital budget and prepare quarterly status reports. EDUCATION California State Polytechnic University, Pomona 1985-1986 Completed several courses toward attaining a Masters Degree in Business Administration. Merrimack College, North Andover, Massachusetts 1977-1982 Received a Bachelor of Science Degree in Business Administration. City of Temecula 43200 Business Park Drive Temecula, CA 92590 www_cityoftemecula.org (951) 694-6444 ?ECEIVED EP 16 2008 Please Cheek One. CLERKS DEN'S Planning 0 Community Services Ox Public Traffic Safety Number of years as a City of Temecula Resident in years Are you a City Registered Voter? Yes NAME: James D. Dent 09-15-08P12:56 RCVD Commission Appointment Application OCCUPATION: Red w Poiim sergeant ADDRESS: 41791 Cascades Court Tee ec'Ua `)1-S9I DAYTIME PHONE: (951) 506-6639 EVENING PHONE: Same EMPLOYER NAME: City of San Diego EMPLOYER ADDRESS: 1401 Broadway E-MAIL iii-M-L- Educational Background/Degrees: Pt-¢ASa Sag ArrAcNQC List any City or County Board, Committee or Commission on which you have served and the year(s) of service:, ,G List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): P+.gASG $rr, Arr Ae-WeA• 8!^4e why uru, kvistr to serve nn this nnmmuas ran, and why you believe You are gtkWiied for the flosition. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) Q<6ASC SE 6 Arra<kED. I understand that any or all information on this form may be verified. 1 consent to the release of this information for public information purposes. re: _r Date: Shek tt, , a60 8 Please r n to City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Citv. of Temecula Commission Appointment Application Public Traffic Safety James D. Dent 41791 Cascades Court Temecula, California 92591 i spent me masonry or my Law nmorcement career in me area or t tame ~)arety, Hcciaent Investigation, Traffic Law Enforcement and Education. Since moving to Temecula from San Diego I have found a community that takes great pride in its Roadways and Traffic Safety issues. I feel that I could contribute to these ideals and give further to the community that I now call home. Please accept the following information as my resume for consideration for this position on the Public Traffic Safety Commission. 1969-1994 San Diego Police Department Assignments: 1969-1971 Patrol Duties 1971-1972 Accident Investigation 1972-1975 Motorcycle Officer 1975-1982 Detective Hit & Run Detail 1982 Promoted to Sergeant 1982-1984 Supervisor Patrol 1984 1985 Supervisor Communications Division 1985-1986 Supervisor Traffic Division 1986-1989 Supervisor Motorcycle Unit 1989-1994 Supervisor Training and Development Division Specific Related Duties: Investigate Traffic Collisions Enforce DUI and Traffic Related Violations Make Traffic Safety Recommendations Follow-un_ Investigations of Fatal and Felony Collisions Supervise Accident Investigations Supervise Speed Enforcement Units Supervise Special Details such as Presidential Visits, Olympic Events, Runs and Stadium Events (Chargers, Padres, SDSU etc.). Supervise In-Service Training Unit Courses taught at The San Diego Police Academy, Southwestern College and Miramar College: Basic Accident Investigation Hit & Run Investigation Crime Scene Investigation Interview and Interrogation Techhi-q_ues Verbal Judo Community Orientated Policing Cultural Awareness Educational Background: Teaching Credential Earned at San Diego State University Since I moved to the Citv of Temecula I have served on the Temeku Hill Board of Directors for a total of six years. I served three years as President and three years as Vice President. In addition I am on the Board of Directors of the Temeku Hill Clubhouse LLC. Thank you for considering my application for the Public Traffic Safety Commission. es D. Dent 09-D3-D&n'17:3E RCVD City of Temecula - 43200 Business Park Drive Commission Appointment Temecula, CA 92590 www.cityoftemecula.org Application (951) 694-6444 T' IV D SE' 2008 Please check one. F---j Planning 0 Community Services 0 Public Traffic Safety Number of years as a City of Temecula Resident s Are you a City Registered Voter? yes_ NAME: Mark Garcie OCCUPATION: Firecaptain ADDRESS: 40529 Calle Medusa Temecula California 92591 DAYTIME PHONE: (951) 764-9683 EVENING PHONE: (951)308-1347 EMPLOYER NAME: California Department of Forestry and Fire Protection EMPLOYER ADDRESS: 210 West San Jacinto Avenue Perris CA 92570 E-MAIL garceigirls@roadru a cum Educational Background/Degrees: Fire Science and Public Administration List any City or County Board, Committee or Commission on which you have served and the year(s) of service: California Joint Apprentice Committee List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): International Association of Firefighters California Professional Firefighters International Association of Wildland Fire O State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) I believe that with my background and experience, my eduction and my commitment to public allows me to apply a professional view regarding Safety and Traffic issues that will help to maintain this city as a outstanding community for mill I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Date: 9- I~F_'- &e City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE MARK JAMES GARCIE 40529 Calle Medusa Temecula Ca 92591 (909) 308-1347-home (909) 764-9683-cell phone Email: aarcieeirlsna.roadrunner.com SSN:553944806 Date of Birth: 12-11-1962 Employment History: Career. California Department of Forestry & Fire Protection / CalFire Captain: 2007 to present Federal Fire Department: 1988 to 2007 Captain: 1993 to 2007 Fire Apparatus Engineer: 1991 to 1993 Firefighter: 1988 to 1991 (FFD Long Beach 1988 to 1997 - closed due to downsizing) (FFD Barstow 1998 to 2000 - relocated to FFDSD) (FFD San Diego 2000 to present) Fort Irwin Fire Department: 1986 to 1988 Firefighter/EMT Non-Career: San Bernardino County Fire: 1984 to 1987 - Paid/Call Firefighter Orange County Fire Department: 1982 to 1985 - Paid/Call Firefighter Adams Ambulance Company: 1982 to 1984 - EMT AMR Ambulance Company 1984 to 1986 - EMT Beverly Hills Fire Department: 1982 to 1984 - Fire Cadet Awards & Commendations: Certificate of Commendation (LAFD) 10/91 Meritorious Service Citation 10/91 Superior performance award 10/91 Special service award 2/2004 Special service award 6/2003 Performance award 711994 Performance award 12/1995 Performance award 03/1998 Performance award 09/2006 Education and Training: Education: St. John Bosco HS Bellflower Ca - graduated 1981 Cerritos College Palo Verde College Long Beach City College UC Davis extension Campus Texas A & M extension program Training & Certificates: California class B firefighter driver's license: N9448781 CSFM Firefighter - 1 CSFM Firefighter - II DoD/ ISFAC Firefighter - II CALJAC/CSFM Fire Officer - I National Fire Academy Fire Service Supervision DoD/ ISFAC Fire Officer - 1 DoD/ ISFAC Fire Apparatus Operator - Pumper CSFM Emergency Medical Tech. - AED/Combi-Tube DoD Level 1 supervisor CSTUCSFM HAZMAT Technician Confined Space awareness & rescue CSTUCSFM HAZMAT ICS CSFM Instructor IA & I B CSFM Command IA & 1B CSFM Command 2C HAZMAT ICS for Port HAZCAT chemical ID system Wildland S-130/131, 5-132, S-134, 5-190 & S-290 Wildland S-260, 5-234, S-200, 205, 5-212 & 231 Fire Control 3 & 6 CSFM instructor S-130,190 & 231 CSFM instructor Semi-Automated External Defibrillation and Combi-Tube intubation ICS 100 & 200, CSFM/CSTI ICS 300 & 400 & 700 / 800 (NIMS) DoD/ISFAC fire instructor DOD/ISFAC-HazMat & HazMat IC Critical Incident Response & Management (WMD) WMD Course Instructor (CPF) Texas A & M Terrorism Management & WMD course Texas A & M Terrorism Incident Command course CPAT proctor certification CSFM Ethical Leadership in the Classroom CDF/CALFire crew Captain Administration & Operations Disaster Preparation & Management/Critical Incident Response Nat. Fire Academy Emergency Response to Terrorism Nat. Fire Academy Awareness of Command and Control Decision Making at Multiple Alarm Incidents Personal Training record on file 1986 to present (CAUAC monthly forms) Letters of Appreciation: City of Long Beach (LBFD) May 1992 Naval Station LB, fire prevention Oct. 1990 City of Downey FD July 1996 MCLBFD, prevention Feb. 1998 Los Angeles City FD May 1998 Long Beach City FD Nov. 1991 CNO, Unit Commendation, NSYLB -1996 Congressional Commendation - Cedar Fire 2003 Certificate of Appreciation - 2003 Letter of Appreciation (Bum Foundation) - 2003 Mountain Conservatory letter of Appreciation - 2005 Associations: International Association of Firefighters California Professional Firefighters International Association of Wildland Fire Fire Safety Officer Association San Diego Emerald Society SAFER FFD SUBJAC secretary (CALJAC) CalChiePs Training Officer Section (South) References: Gary Becks - Retired Battalion Chief Rescue Task Force Director - 619-424-7415 Colin Bell-Assistant Fire Chief Federal Fire, Ventura County 805-914-4818 Pat Dennen - Fire Chief San Bernardino County FD 909-387-5948 Jerry Sack - Fire Chief Miramar Federal Fire Department 858-577-6848 Dave Updike - Fire Management Officer Mountain Conservatory 310-985-5230 Shirl Coons - CALJAC 916-648-1717 James Johnson -16"' District VP, IAFF (937) 470-4340 Bob Uribe - Fire Chief, Pine Valley FPD & Battalion Chief FFD SD Pine Valley: 619473-8445 / FFD (cell) 619-884-0832 Jeff Robinson - Battalion Chief Cleveland National Forest / USFS 619-473-9607 Vince O'Neal - Battalion Chief/South Ops California Department of Forestry & Fire protection 951-526-3943 Jamie Wood - Fire Chief Federal Fire Department, Southwest Region 619-524-2522 Howard Maxey - Fire Chief San Pasquel Res, Fire Department 760-7494112 Mike Masson - Fire Apparatus Engineer 5's District VP, CPF 951-235-0549 References Cont., Don Bigler-Battalion Chief Federal Fire Department, San Diego 619-545-6682 Rey Campos -Fire Apparatus Engineer President, LAFF Local F33 951-212-6065 Eric Perry - Fire Apparatus Engineer California Department of Forestry & Fire Protection 951-533-2071 Paul Gilbrook - Fire Apparatus Operator Los Angeles City Fire Department 562-301-6399 U)-II-J8po1:30 KCVO City of Temecula 43200 Business Park Drive Commission Appointment Temecula, CA 92590 www.cityoftemecula.org Application (951) 694-6444 CE I ED EP 11 2008 CLERKS DEPT Please check one. F----l Planning 0 Community Services 0 Public Traffic Safety Number of years as a City of Temecula Resident 4.5 YRs Are you a City Registered Voter? YES NAME: HOWARD H SMITH OCCUPATION: sOFTwmw ENGINEER ADDRESS: 42554DRENNON COURT DAYTIME PHONE: 951-303-0643 EVENING PHONE: 951-303-0643 EMPLOYER NAME: AMERICAN SPECIALTY HEALTH EMPLOYER ADDRESS: 777 FRONT STREET SAN DIEGO CA 92101 E-MAIL howmds@Pauenu(-ch.com Educational Background/Degrees: BS Information Systems MBA Global Business List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Past President of Crowne Hill Community. List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Microsoft Certified Professional State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) I want to contribute to the City of Temecula and work with other commission members to make the city a model city where its diversity and good taste defines it. I understand that any or all information on this forth may be verified. I consent to the release of this information for public ifformation purposes. re: ~ W%-Sd8t Date: O c p.5 ^ 08 Please return to: City ~ Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE ITEM NO. 26 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jerry Williams, Chief of Police DATE: November 18, 2008 SUBJECT: Massage Ordinance PREPARED BY: Heidi Schrader, Management Analyst RECOMMENDATION: That the City Council Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING REGULATIONS APPLICABLE TO MASSAGE SERVICES, AND AMENDING TITLE 5 OF THE TEMECULA MUNICIPAL CODE BACKGROUND: Temecula Municipal Code Chapter 5.22 establishes the requirements for massage establishments in the City of Temecula. It requires all establishments which provide massage to obtain a City permit. These permits are administered through the Planning Department which performs background screenings and tracks the establishment. There is no current requirement for massage practitioners, other than they obtain a license through the County of Riverside. The number of massage establishments within the City of Temecula has increased from 10 to 35. With this increase in the number of businesses comes a need for a more thorough review and monitoring of both establishments and practitioners to ensure the health and safety of our residents. The new massage ordinance will transfer responsibility for the background investigation of massage permits from Planning to the Police Department. This will allow for more thorough background checks and tracking by dedicated Special Enforcement Team personnel working in conjunction with City Code Enforcement. It will also allow the City to license, test and perform background checks on all massage technicians working within the City of Temecula. The updated ordinance provides more detailed requirements for the operation of massage facilities within City limits. These ordinances ensure that proper hygiene and safety measures are in use at all times. A designated manager is required to be on the premises at all times and businesses must close by 9pm. Businesses and massage technicians are required to provide evidence of a liability insurance policy providing minimum coverage of $2,000,000 for personal injury or death to one person arising out of the operation of the massage establishment and/or the administration of any massage. Massage technicians are also required to obtain a permit and the requirement for education will be increased from 100 hours to 720 hours of training at a certified training facility. FISCAL IMPACT: The ordinance requires all City massage establishments to reapplyfor permits within 120 days of the effective date of this ordinance and new fees will be assessed, unless the establishment paid license fees in the quarter preceding the re-application date. The City currently has a fee of $578 for new Massage Establishment permits and $234 for Massage Establishment permit renewals. There is a $58 fee for Massage Practitioners. In addition, there is a separate fee for fingerprinting. All massage ordinance fees are being reviewed and will be updated as part of the Citywide User Fee Study. ATTACHMENTS: Ordinance No. 08- An Ordinance of the City Council of the City of Temecula Revising Regulations Applicable to Massage Services, and Amending Title 5 of the Temecula Municipal Code. ORDINANCE NO. 08 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING REGULATIONS APPLICABLE TO MASSAGE SERVICES, AND AMENDING TITLE 5 OF THE TEMECULA MUNICIPAL CODE A. Recitals. (i) The City Council finds and declares as follows: (a) The massage permitting requirements and restrictions adopted herein are reasonably necessary to protect the health, safety and welfare of the citizens of the City of Temecula. (b) The City of Temecula is authorized under the State Constitution and California Government Code § 51030, et seq., to regulate massage establishments by imposing reasonable standards relative to the skill and experience of massage operators and massage technicians, and reasonable conditions on the operation of the massage establishments. (c) There is a significant risk of injury to massage clients by improperly trained and/or educated massage technicians and this Chapter provides reasonable safeguards against such injuries and resulting economic loss. (d) The operation of unregulated massage establishments often results in increased criminal activities on the premises of such businesses. Such increased criminal activity presents a risk to the public health, safety and welfare. The establishment of reasonable standards for issuance of massage related permits and restrictions on massage operations will serve to reduce the risk of illegal activity. (e) The restrictions and requirements set forth in this Ordinance will serve to reduce the burdens on the Police Department and permit the deployment of the police personnel so as to more effectively provide law enforcement services throughout the City. (ii) All legal prerequisites to the adoption of this Ordinance have occurred. 1043165 B. Ordinance. NOW, THEREFORE, the City Council hereby ordains as follows: SECTION 1: The facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Chapter 5.22 of Title 5 of the Temecula Municipal Code is amended to read as follows: Chapter 5.22 MASSAGE AND MASSAGE ESTABLISHMENTS Sections: 5.22.010 Definitions. 5.22.020 Massage Establishment permit required. 5.22.030 Application for Massage Establishment permit. 5.22.040 Massage Establishment permit issuance and denial. 5.22.050 Massage Technician permit required. 5.22.060 Application for Massage Technician permit. 5.22.070 Massage Technician permit issuance and denial. 5.22.080 Requirements applicable to the operation of Massage Establishments. 5.22.090 Requirements applicable to Massage Technicians. 5.22.100 Health certificate. 5.22.110 Transfers and changes of business. 5.22.120 Fees. 5.22.130 Exemptions. 5.22.140 Duration and renewal of permits. 5.22.150 Suspension, revocation, permit denial, and appeal. 5.22.160 Violation and penalty. 5.22.010 Definitions. Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this Section shall govern the construction, meaning and application of words and phrases used in this Chapter. A. "Chief of Police" shall mean and include the Captain of the Riverside County Sheriff's Department currently designated by the Sheriff as the command officer responsible for the City of Temecula, or his or her designated representative. B. "City Manager" shall mean and include the City Manager of the City of Temecula or his or her designated representative. 1043165 2 C. "City Council" shall mean and include the City Council of the City of Temecula. D. "Conviction" or "Convicted" shall mean and include a conviction following a plea or verdict of guilty, or plea of nolo contendre. E. "Days" shall mean and include calendar days, unless otherwise specifically stated in the text. F. "Employ" shall mean and include the act of employing employees and/or contracting with independent contractors. G. "Employee" shall mean and include every owner, partner, manager, supervisor, and any other person, whether paid or not, who renders massage services, or engages in activities that further massage services, of any nature in connection with the operation of a massage establishment, or upon the premises of a massage establishment. H. "Health Department" shall mean and include the Health Services Agency of the County of Riverside. 1. "Manager" or "On Duty Manager" shall mean and include the person(s) designated by the operator of the massage establishment, and qualified under § 5.22.030B, to act as the representative and agent of the operator in managing day-to- day operations with the same liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an owner. J. "Massage" shall mean and include any method of treating the external parts of the body for remedial, hygienic, relaxation or any other reason or purpose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powders, creams, ointment or other similar preparations commonly used in this practice. Outcall massage is any massage performed by a massage technician outside of the massage establishment by which the massage technician is employed. K. "Massage Establishment" shall mean and include any business conducted within the City of Temecula at a fixed location where any person, firm, association, partnership, corporation or combination of the foregoing engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, administration to another person of massage, bath or treatment involving massages or baths. For purposes of this Chapter, "massage establishment" includes "acupressure" or "day spa" establishments, and any other kind of business where massage is offered. "Massage establishment" does not include any kind of business exempt under §5.22.130 1043165 or that is otherwise currently licensed, and thereby specifically authorized, under any provision of state or federal law, to provide massage, so long as such business conducts massage in strict conformance with, and only to the extent permitted by, such license. Any such exempt business shall have the burden of establishing its exemption. L. "Massage Technician" shall mean and include any individual who administers massage to another individual in exchange for anything of value. M. "Operator" shall mean and include any owner or other person who operates a massage establishment. N. "Owner" shall mean and include any person having any ownership interest in a massage establishment, and/or any person whose name appears on the City business license for a massage establishment. 0. "Person" shall mean and include any individual, or corporation, partnership, association or other group or combination of individuals acting as an entity. P. "Police Department" shall mean and include the Riverside County Sheriff's Department, acting pursuant to its law enforcement contract with the City of Temecula. Q. "Recognized school of massage" shall mean and include any school or institution of learning which (i) teaches, through State certified instructors, the theory, ethics, practice, profession, and work of massage; (ii) has been approved in writing by the State of California, pursuant to provisions of the California Education Code, including, but not limited to, Sections 94900 or 94905; and (iii) requires a resident course of study as a condition to receiving a diploma or other evidence of graduation. A school offering a correspondence course or courses not requiring attendance shall not be deemed a recognized school of massage for purposes of this Chapter. The City shall have the right to confirm that the applicant has actually attended class at a recognized school of massage. 5.22.020 Massage Establishment permit required. A. It is unlawful and a misdemeanor, subject to prosecution and punishment in accordance with Chapter 1.20 of this code, for any person to engage in, operate, conduct or carry on, in or upon any premises, a massage establishment within the City without first obtaining a massage establishment permit pursuant to 5.22.030 and 5.22.040 of this Chapter, securing the necessary business license as required by this code and complying with Title 5 of this code. A separate permit shall be obtained for each separate massage establishment operated by such person. A permit to operate a massage establishment shall be valid for a period of one year, commencing at the date of issuance. 1043165 4 5.22.030 Application for Massage Establislunent permit. A. Any person desiring a permit for a massage establishment shall file a written application on the required form with the Chief of Police who shall conduct an investigation. The application, to be signed under penalty of perjury, shall be accompanied by the appropriate filing fee established by resolution of the City Council. The application shall be completed and signed by the operator of the proposed massage establishment, if a sole proprietorship; one general partner, if the operator is a partnership; one officer or one director, if the operator is a corporation; and one participant, if the operator is a joint venture. The application for permit does not authorize operation of a massage establishment unless and until such permit has been properly granted. The application shall contain or be accompanied by the following information: 1. The type of ownership of the business; for example, whether by individual, partnership, corporation or otherwise. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than 5% of the stock of that corporation. If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If it is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required for an individual applicant under this Chapter, but only one application fee shall be charged; 2. The precise name under which the massage establishment is to be conducted; The complete address and all telephone numbers of the massage establishment; 4. A complete current list of the names, residence addresses and copy of driver's license or other picture identification card issued by a governmental authority, of all proposed massage technicians, managers, operators, and employees in the massage establishment; 5. A description of any other business operated on the same premises or within the City of Temecula or the State of California that is owned or operated by the applicant; 1043165 6. The following personal information concerning the applicant: a. Full complete name and all aliases used by the applicant; b. Current address and all previous residential addresses for eight years immediately preceding the present address of the applicant; C. Acceptable proof that the applicant is at least 18 years of age; d. Proof of legal residency and/or the ability to legally work in the United States; e. Height, weight, color of hair, eyes and gender; f. Two front faced portrait photographs at least two inches by two inches in size; g. The applicant's complete business, occupation and employment history for eight years preceding the date of application, including, but not. limited to, the massage or similar business history and experience of the applicant; h. The complete massage permit history of the applicant, whether such person has ever had any permit or license to conduct a massage business issued by any governmental authority; the date of issuance of such a permit or license, whether the permit or license was denied, revoked or suspended; and the reason therefor; 1. All criminal convictions occurring in any state or country, including convictions resulting from any plea of nolo contendre, within the last ten years, including those dismissed or expunged pursuant to Penal Code § 1203.4, but excluding infraction traffic violations, and the date and place of each such conviction and reason therefor; Department; A complete set of fingerprints taken by the Police 7. The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on the owner's property; 8. Authorization for the City, its agents and employees to verify all information contained in the application, including, but not limited to, performing a complete criminal history background check; 1043165 6 9. Such other identification and information as the Chief of Police may require in order to discover the truth of the matters required to be set forth in the application; 10. A statement in writing and dated by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct; 11. Statements in writing and dated by the applicant and the applicant's designated manager(s) certifying under penalty of perjury that they: a. Have received a copy of this Chapter; b. Understand its contents; and c. Understand the duties of a manager. If, during the term of a permit, the permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the Police Department of such change, within ten (10) business days thereafter, in writing. 12. A floor plan of the proposed massage establishment showing all interior areas and rooms where massage will be provided, all doors, restrooms, plumbing, and any other physical features required by the Chief of Police. B. The applicant, if a corporation or partnership, shall designate one or more of its officers or partners to act as manager during business hours. If the applicant is an individual, then that individual, or designee thereof shall act as manager. Any such designee must comply with the requirements of this subsection B. Each person who shall serve as manager shall complete and sign all application forms required of an individual applicant for a massage establishment permit. However, only one application fee shall be charged. Each manager must, at all times, meet all of the requirements of this Chapter for massage establishment permit holders or the massage establishment permit shall be suspended until a manager who meets such requirements is designated. If no such person is designated within ninety (90) days of permit approval, the massage establishment permit shall be subject to suspension and revocation. Operation of a massage establishment without a qualified manager being present is prohibited. C. Notwithstanding the fact that an application filed under this § 5.22.030 or § 5.22.060 may be a "public record" under Government Code § 6250, et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Those portions of the application which are not subject to disclosure are: the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's permit and/or social security number, and/or personal financial 1043165 7 data. The City Council in adopting the application and licensing and/or permit system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy, confidentially or security interests are protected. The city clerk shall cause to be redacted from any copy of a completed permit application made available to any member of the public, the information set forth above. 5.22.040 Massage Establishment permit issuance and denial. A. Upon receipt of a written application for a permit, the Chief of Police shall conduct an investigation to ascertain whether the applicant satisfies the requirements of this Chapter. The Chief of Police shall, within sixty (60) days of receipt of an application, approve, conditionally approve or deny the application. The sixty (60) day period may be extended for up to sixty (60) additional days, if necessary, to complete the investigation. The Chief of Police shall issue the permit, unless he or she makes any of the following findings: 1. The applicant, if an individual, or any of the officers or directors of the corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership, or any person directly engaged or employed in the massage establishment, has, within ten (10) years preceding the date of the application: a. Any crime involving conduct which requires registration under any state, federal or territorial law similar to and including California Penal Code Section 290, or involving conduct which is a violation of the provisions of any state, federal or territorial law similar to and including California Penal Code Sections 266(h), 266(1), 314, 315, 316, 318, 647 (a), (b) or (d); any crime or violation for which the prosecutor accepted a plea to violation of California Penal Code Section 415, 602, or any lesser included or related offense, or any other Penal Code or other criminal violation in satisfaction or in lieu of, or as a substitute for, any of the foregoing crimes or Penal Code violations or for any crime involving dishonesty, fraud, deceit, or moral turpitude. In determining if the applicant pled to a lesser included or related offense or any other offense in lieu of any of the foregoing code sections or crimes, pursuant to any provision of this Section 5.22.040, the Chief of Police, and any person considering this matter on appeal, may consider the underlying facts resulting in the arrest regardless of the charge for which the applicant was convicted. For the purposes of this chapter, "conviction" means and includes a conviction pursuant to a plea of guilty or nolo contendere; b. Been convicted of a violation of Health and Safety Code § 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code 11054, 11055, 11056, 11057 or 11058; 1043165 8 C. Been convicted of any offense in any other state which is the equivalent of any of the above-mentioned offenses; d. Engaged in conduct in another jurisdiction which, if it had occurred within the city, would constitute grounds for denial, suspension or revocation under this Chapter; e. Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code 11225 through 11235 or any similar provisions of law in a jurisdiction outside the State of California; f. Engaged in conduct in any state or country which would constitute an offense as described in subsection La, above; g. Been convicted of an act involving theft, dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the operator of a massage establishment, or which act or acts occurred in connection with the operation of a massage establishment; h. The applicant has had a massage operator or establishment, or massage technician permit, or other similar license or permit denied, suspended or revoked for cause by any governmental authority; 2. The applicant is required to register under Penal Code § 290. 3. The applicant has made a false, misleading or fraudulent statement or omission of fact to the City in the permit application process; 4. The application does not contain all of the information required by § 5.22.030; 5. The massage establishment, as proposed by the applicant, does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements, regulations and standards; 6. The applicant has not satisfied the requirements of this Chapter in the time specified; B. If the application is denied for failure to comply with subsection 3 above, the applicant may not reapply for a period of one (1) year from the date the application was denied. 1043165 9 5.22.050 Massage Technician permit required. No person shall perform or administer a massage, including outcall massage, or advertise to provide massage services in the City of Temecula, unless such person has in effect a valid massage technician permit issued pursuant to 5.22.060 and 5.22.070 of this Chapter. 5.22.060 Application for Massage Technician permit. A. Any person desiring a massage technician permit shall file a written application on the required form with the Police Department. The application shall be accompanied by the appropriate filing fee established by resolution of the City Council. The application shall contain the following information: 1. A statement of the exact location(s) where the applicant will be working as a massage technician, including the full street address, business name, and all telephone numbers associated with each such location, and the following personal information concerning the applicant: a. Full, complete and true name, including all other names ever used by the applicant, residential address, telephone number, and copy of driver's license or other picture identification card issued by a governmental authority; b. All previous residential addresses for eight (8) years immediately preceding the current address of the applicant; C. Acceptable written proof that the applicant is at least eighteen (18) years of age; d. Proof of legal residency and/or the ability to legally work in the United States; e. Height, weight, color of hair and eyes and gender; f. Two (2) front faced portrait photographs at least two (2) inches by two (2) inches in size; g. The business, occupation and employment history of the applicant for the eight (8) years immediately preceding the date of the application; h. The complete permit history of the applicant and whether such person has ever had any license or permit, issued by any agency, board, city or other jurisdiction, denied, revoked or suspended and the reasons therefor; 2. All criminal convictions occurring in any state or country, including pleas of nolo contendre, within the last ten (10) years, including those 1043165 10 dismissed or expunged pursuant to Penal Code § 1203.4, but excluding traffic infractions, violations, and the date and place of each such conviction and reason therefor; A complete set of fingerprints taken by the Police Department; 4. Such other information and identification as the Chief of Police may require in order to discover the truth of the matters herein specified and as required to be set forth in the application; 5. Authorization for the City, its agents and employees to verify all information contained in the application, including, but not limited to, performing a complete criminal history background check; 6. A statement in writing and dated by the applicant certifying under penalty of perjury that all information contained in the application is true and correct; 7. A statement in writing and dated by the applicant certifying under penalty of perjury that he or she: a. Has received a copy of this Chapter; b. Understands its contents; and in this Chapter. C. Understands the duties of a massage technician as provided 8. The health certificate required by § 5.22.100; 9. If, during the term of a permit, a permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the Police Department of such change within ten (10) business days thereafter, in writing. B. Each applicant must furnish, along with his or her photograph, an original or certified copy of a diploma or certificate and certified transcript of graduation evidencing completion of 720 hours of instruction from an approved or recognized school of massage, wherein the method, practice, profession, theory, ethics, anatomical and physiological knowledge and practice of massage is taught by state certified instructors. The applicant must also supply a course description, an outline of material covered and a letter to the City from the school administrator verifying completion. If an applicant has received at least 500 hours of instruction from a recognized school of massage, and has worked continuously as a massage therapist for five (5) or more years under a permit issued by a California city or county, the Chief of Police may consider up to 220 hours of documented continuing education from a properly licensed and recognized provider of continuing education in massage therapy, and apply such hours to the 720 hour requirement. 1043165 11 1. The Chief of Police may consider an applicant's study of massage completed outside the State of California, at a licensed educational institution if proof of completion from a formalized course of study in massage practice, anatomy and/or physiology is provided with the application. Proof of completion shall include dates of study and the name, address and phone number of the school attended. 2. Any outside course of study submitted for approval shall meet the State of California's Office of Post-Secondary Education's minimum requirements and all requirements set forth in Subchapter 3 of Chapter 21 of Division 1 of Title 5 of the California Code of Regulations. C. The applicant must also provide documentary proof of being issued a valid policy of insurance from a company authorized to do business in the State of California evidencing that the applicant is insured under a liability insurance policy providing minimum coverage of $2,000,000 for personal injury or death to one person arising out of the administration of massage. The policy must remain in full force and effect while the massage technician license is valid and is subject to inspection and verification by the Police Department. D. If required by written order of the Chief of Police issued not less than sixty (60) days prior to receipt of an application, each applicant for a new permit must pay a fee and take and receive not less than a seventy percent (70%) score on a written and/or practical examination conducted by the Police Department or other test administrator designated by the Police Department. Passage of such test may be required by the Chief of Police, prior to further processing of any application. The test administrator shall consist of a member or members appointed by the Police Department or the County Health Officer. The test administrator shall not be a City employee, and shall be qualified by reason of education and experience concerning the methods and procedures used in the practice of massage. The Health Officer and/or the Police Department shall develop and establish standards and procedures for the panel governing the administration of examinations for applicants for a massage technician license in order to determine whether such applicants are competent to engage in the practice of massage, and the Health Officer and/or the Police Department shall exercise such supervision as may be necessary to assure compliance therewith. An unsuccessful applicant shall be entitled to receive a copy of his or her test scores, but not the examination. Applicants wishing to take the test in a language other than English, may do so if the test is currently available in their language. If the test is not available in the applicant's preferred language, the applicant may pay the costs associated with having both the test and answer sheets translated by a court-certified translator approved by the Chief of Police. The written examination may be taken as often as is offered provided, however, that the test fee shall be paid for each test. E. Excepting only the requirement to file an application and fee, the Chief of Police may waive any of the permitting requirements of § 5.22.060, including testing, if he or she finds that the applicant is currently licensed as a massage technician in another 1043165 12 jurisdiction having substantially the same or stricter permitting or licensing standards as are set forth in this Chapter. Any such waiver shall be effective only while such massage technician's other license or permit remains current and valid. 5.22.070 Massage Technician permit issuance and denial. A. Upon receipt of a written application for a permit, the Chief of Police shall conduct an investigation in such maiuier as he or she deems appropriate in order to ascertain whether the applicant satisfies the requirements of this Chapter. The Chief of Police shall approve, conditionally approve or deny the application within sixty (60) days of the filing of an application. The sixty (60) day period may be continued for an additional thirty (30) days if necessary to complete the investigation. The Chief of Police shall issue such permit as requested, unless he or she makes any of the following findings: 1. The applicant has, within ten (10) years preceding the date of the application, been convicted of any of the following: a. Any crime involving conduct which requires registration under any state, federal or territorial law similar to and including California Penal Code Section 290, or involving conduct which is a violation of the provisions of any state, federal or territorial law similar to and including California Penal Code Sections 266(h), 266(1), 314, 315, 316, 318, 647 (a), (b) or (d); any crime or violation for which the prosecutor accepted a plea to violation of California Penal Code Section 415, 602, or any lesser included or related offense, or any other Penal Code or other criminal violation in satisfaction or in lieu of, or as a substitute for, any of the foregoing crimes or Penal Code violations or for any crime involving dishonesty, fraud, deceit, or moral turpitude. In determining if the applicant pled to a lesser included or related offense or any other offense in lieu of any of the foregoing code sections or crimes, pursuant to any provision of this Section 5.22.070, the Chief of Police, and any person considering this matter on appeal, may consider the underlying facts resulting in the arrest regardless of the charge for which the applicant was convicted. For the purposes of this chapter, "conviction" means and includes a conviction pursuant to a plea of guilty or nolo contendere; b. A violation of Health and Safety Code § 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code 11054, 11055, 11056, 11057 or 11058; or c. Any offense in any other state which is the equivalent of any of the above-mentioned offenses; 1043165 13 2. The applicant is required to register under Penal Code § 290, or has engaged in conduct which would constitute an offense as described in subsection 1.a., above; 3. The applicant has committed an act, which, if committed in this state would have been a violation of law and which, if done by a permit holder under this Chapter, would be grounds for denial, suspension or revocation of the permit; 4. The applicant has been convicted of an act involving theft, dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are substantially related to the qualifications, functions or duties of a massage technician, or which act or acts occurred in connection with the provision of massage or the operation of a massage establishment; 5. The applicant has had a massage establishment permit or massage technician's permit or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any city, county or state within ten (10) years prior to the date of the application; 6. The applicant has knowingly made a false, misleading or fraudulent statement or omission of fact to the City in the permit application process; 7. The application does not contain the information required by § 5.22.060; 8. The applicant failed to pass any written or practical examination required by this Chapter. 9. The applicant has not satisfied the requirements of this Chapter in the time specified; 10. The applicant has a communicable disease that presents an unreasonable risk of harm to the applicant or the public; 11. If the application is denied for failure to comply with subsections 6 or 7, above, the applicant may not reapply for a period of six (6) months from the date the application was denied. 5.22.084 Requirements applicable to the operation of Massage Establishments. A. Facilities. 1. Structure. Massage establishments shall be located in a zoning district which permits such use. When a new massage establishment is proposed to be constructed, a set of plans shall be submitted to the City of Temecula for approval and shall be accompanied by the appropriate application and plan check fee. 1043165 14 2. Signs; display of permits. Each operator shall post and maintain, in compliance with all state and City laws, a readable sign identifying the premises as a massage establishment. Neither signs or the front of the business shall be illuminated by strobe or flashing lights. Each operator and/or on-duty manager shall display the massage establishment permit in a conspicuous public place in the lobby of the massage establishment. In addition, each operator and/or on-duty manager shall ensure the massage technician permit for each massage technician employed at the establishment (whether on-duty or not) is conspicuously displayed in a public place in the lobby, or is contained within a clearly marked binder at the front desk or counter, and that each massage technician is wearing or has in his/her possession the identification card required by § 5.22.090A.3. at all times when in the massage establishment. Massage technician permits shall be available for inspection only to City or Police Department representatives while performing official duties. The operator and/or on-duty manager must also post, on a daily basis in a conspicuous public place in the lobby, the name of the operator and on-duty manager, as well as all on-duty massage technicians. 3. Services list. Each operator shall post and maintain a list of services available and the cost of such services, in a conspicuous public place within the premises. No operator or on duty manager shall permit, and no massage technician shall offer or perform, any service other than those posted. 4. Lighting. Each operator shall illuminate each room where massage is given with light equivalent to a 40-watt incandescent light bulb, and shall provide sufficient ventilation. Such lighting and ventilation shall otherwise comply with the current Mechanical and Building Code of the City. The lighting in each massage room shall be activated at all times while the patron is in such room or enclosure. 5. Bath facilities. A minimum of one toilet and one separate wash basin shall be provided for patrons in each massage establishment. Each wash basin shall be equipped with soap or detergent and hot running water at all times and shall be located in close proximity to the area devoted to the performing of massage services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom hand wash sink. Bar soap may not be used. A trash receptacle shall be provided in each toilet room. Showers may be provided at the operator's option. 6. Separate rooms. If male and female patrons are to be treated simultaneously at the same massage establishment, separate massage rooms shall be provided for male and female patrons provided, however, that massage establishments having separate massage rooms for male and female patrons may provide "couples massage" in a single room, subject to the requirements of this subsection 6. Couples massage, i.e., concurrent massage of two persons, is permitted within one room provided all other requirements of this Chapter are satisfied including, but not limited to, provision of a separate massage table and massage technician for each customer. Any room to be used for couples massage shall be sufficiently sized so as to comply with any and all 1043165 15 applicable Building and Fire Codes and to permit free passage and movement of the massage technicians. 7. Maintenance. All facilities of the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be made smooth and easily cleanable. No carpeting shall be installed in any of these areas. 8. Massage table. A massage table shall be provided in each massage room and the massage shall be performed on this massage table. The tables shall have a minimum height of 28 inches. Two inch thick foam pads with maximum width of four feet may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the premises. B. Operations. 1. Equipment. Each operator and/or on duty manager shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage. 2. Inspections. a. By accepting a massage establishment permit, each massage establishment permit holder consents to the routine inspection of the massage establishment, without prior notice, by the City's Building and Safety Department, Fire Department, Police Department and the Health Department for the purpose of determining that the provisions of this Chapter, state law or other applicable laws or regulations are met. Routine inspections shall not occur more than twice a year, unless violations are found or complaints are received. Criminal investigations may be conducted at any time permitted by law. The Police Department may inspect the occupied massage rooms for the purpose of determining that the provisions of this Chapter are met upon occurrence of any of the conditions referenced in § 5.22.080B.25 which would require the posting of the Notice To All Patrons. During an inspection, the Police Department may verify the identity of all on-duty employees. b. Inspections of the massage establishment shall be conducted during business hours. C. No operator or manager, or his or her agent or employee, shall refuse to permit an inspection of the massage establishment pursuant to this subsection by a representative of the Police Department anytime it is occupied or open for business. 3. Linen. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate 1043165 16 cabinets or containers shall be provided for the storage of clean and soiled linen, and such cabinets or containers shall be plainly marked: "clean linen" and "soiled linen". 4. Sterilizing equipment. Each massage technician shall provide and maintain at the location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. 5. Living prohibited. No person or persons shall be allowed to live inside the massage establishment at any time. All living quarters shall be separate from the massage establishment. No food of any kind shall be prepared for sale or sold in the establishment unless permitted by the Temecula Municipal Code, and an appropriate food vending permit is granted by the City or County of Riverside. 6. Alcoholic beverages/drugs; Prohibited materials. No person shall enter, be in or remain in any part of a massage establishment licensed under this Chapter while in possession of, consuming, using or under the influence of any alcoholic beverage or controlled substance. The owner, operator and on-duty manager shall be responsible to ensure that no such person shall enter or remain upon the massage establishment. Service of alcoholic beverages shall not be permitted. No contraception devices; i.e. condoms or other prophylactics, shall be allowed on the premises or possessed by any employee while on the premises. 7. Recordings. No electrical, mechanical or artificial device shall be used by the operator or any employee of the massage establishment for audio and/or video recording or for monitoring the performance of a massage or the conversation or other sounds in the massage rooms without the written consent of the patron. 8. Roster of employees. The owner, operator and/or manager of the massage establishment shall maintain a roster of all employees, including operators, managers and massage technicians, showing each name, nick-name and alias, home address, age, birth date, gender, height, weight, color of hair and eyes, phone number, social security number, date of employment, and duties of each employee. The foregoing roster and all information therein shall be maintained on the premises for a period of two (2) years following the termination of each employee. The operator or manager on duty shall make the roster immediately available for inspection upon demand by a City or Police Department representative performing official duties, during all hours the massage establishment is open for business. Information in the roster shall be available for inspection only to City or Police Department representatives while performing official duties. 9. Coverings. The massage technician shall provide to each patron clean, sanitary and opaque coverings capable of covering areas of the patron identified as prohibited massage areas in § 5.22.090A.1, including the genital area, anus and female breast(s). No common use of such coverings is permitted, and re-use is prohibited unless adequately cleaned and sanitized. 1043165 17 10. Records. Every person operating a massage establishment shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of technician administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the operator to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition which may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment and shall be retained on the premises for a period of 24 months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this Chapter and for no other purpose. The Police Department shall periodically inspect the records to ensure compliance with this Section. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this Chapter or any other applicable state or federal laws and shall remain confidential. Any unauthorized disclosure or use of such information by any person, including any officer or employee of the City, shall constitute a misdemeanor. 11. Hours of operation. The owner must advise the City, in writing, at the time of application for a permit of the business hours, and any change in hours occurring thereafter. No person shall operate a massage establishment or administer a massage in any massage establishment or at an outcall location booked by that massage establishment pursuant to § 5.22.080C between the hours of 9:00 p.m. and 7:00 a.m. A massage begun any time before 9:00 p.m. must nevertheless terminate at 9:00 p.m. All customers, patrons and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from the outside. 12. Advertising. No permitted massage establishment shall place, publish or distribute, or cause to be placed, published or distributed, in any publication or any website, any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services authorized in this Chapter. No massage establishment shall employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services authorized by this Chapter. 13. Insurance. No person shall engage in, conduct or carry on the business of a massage establishment unless there is on file with the Police Department, in full force and effect at all times, documents issued by an insurance company authorized to do business in the State of California evidencing that the permit holder is insured under a liability insurance policy providing minimum coverage of $2,000,000 for personal injury or death to one person arising out of the operation of the massage establishment and/or the administration of any massage. Evidence of the required insurance shall be provided to the Chief of Police at the time an initial application, or renewal application, is filed. 1043165 18 14. Compliance with the Americans With Disabilities Act and related laws. All massage establishments must comply with all state and federal laws and regulations providing for access to and receipt of services by disabled persons. 15. Municipal Code compliance. Proof of compliance with all applicable provisions of the Temecula Municipal Code shall be provided upon request by the Police Department. 16. Doors. All front, reception, hallway or front exterior doors (except back or exterior doors used solely for employee entrance to and exit from the massage establishment) shall be unlocked during business hours, except as may be permitted by applicable law (such as the Temecula Fire Code) which allow for safety doors that may be opened from the inside when locked. No massage may be given within any cubicle, room, booth or any other area within a massage establishment that is fitted with a lock of any kind (such as a locking door knob, padlock, dead bolt, sliding bar or similar device), unless the door is an exterior door. 17. Access. No customer shall be permitted to be within a massage establishment except within the lobby/reception area, or area where such customer is receiving massage services, during hours of operation. No entry doors to any room shall be obstructed by any means. 18. Discrimination. No massage establishment may discriminate or exclude patrons on the basis of their race, sex, religion, age, disability or any other classification protected under federal or state laws, rules or regulations. 19. Prohibited massage areas. No massage technician or other person shall massage the genitals or anal area of any patron or the breasts of any female patron, nor shall any owner, operator or manager allow or permit such massage. No operator, manager or employee while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's genitals, gluteal crease, anus and, in the case of a female, her breasts, are fully covered. 20. Clothing. All persons employed in a massage establishment shall be fully clothed at all times while acting on behalf of the business or performing under the massage establishment permit. Clothing shall be of a fully opaque, non-transparent material and shall provide complete covering of the genitals, pubic area, buttocks, anal area and chest area. 21. Names. No person granted a permit pursuant to this Chapter shall use any name or conduct business under any designation not specified in his or her permit. 22. Display of identification cards. The operator and on duty manager shall ensure that, at all times while in the massage establishment, while open for business, or otherwise while massage is being performed, each massage technician wears or has in 1043165 19 his/her possession the identification card required by § 5.22.090A.3. Such identification shall be provided to City or Police Department representatives upon demand. 23. Responsibility for conduct of massage establishment. The owner, operator and on duty manager shall be jointly responsible for the conduct of all employees while the employees are on the premises of the massage establishment. Any act or omission of an employee constituting a violation of any provision of this Chapter shall be deemed to be an act or omission of the owner, operator and on duty manager for purposes of determining whether the massage establishment permit should be suspended or revoked, or an application for such permit or renewal thereof, denied. 24. Licensed Massage Technicians. No owner or operator shall employ any person as a massage technician who does not have a valid massage technician permit issued pursuant to this Chapter. Every operator shall report to the Chief of Police any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Chief of Police. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five (5) business days of the date of hire or termination. 25. Notices. In the event that any employee of the massage establishment or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or state court, to have violated any of the offenses listed in 5.22.040A.I or 5.22.070A.1, then the Chief of Police may require posting of the following notice: NOTICE TO ALL PATRONS - THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE TEMECULA POLICE DEPARTMENT WITHOUT PRIOR NOTICE. the Chief of Police. a. The notice set forth above shall be prepared and issued by b. The notice shall be conspicuously posted in locations within the massage establishment that are easily visible to any person entering the premises and in each massage room. The notice shall be posted for twelve (12) months following the date of the offense. C. The requirement for posting the notice described in this Section is cumulative and in addition to all other remedies for violations, and penalties, set forth in this Chapter or otherwise in the ordinances, laws, rules or regulations of the City of Temecula, County of Riverside and the State of California. 26. Manager on premises. All massage establishments shall have an on-duty manager on the premises at all times the massage establishment is open. Within ninety (90) days of permit approval, the operator of each massage establishment shall file 1043165 20 a statement with the Chief of Police designating a qualified person or persons who shall act as a manager. The operator shall also file with the Chief of Police a statement signed and dated by each such designated manager certifying under penalty of perjury that they: a. Have received a copy of this Chapter; b. Understand its contents; and c. Understand the duties of a manager as provided in this Chapter. The operator and/or on duty manager shall post, on a daily basis, the name of each on duty manager in a conspicuous public place in the lobby of the massage establishment. The operator, or the manager in the operator's absence, shall be responsible for ensuring compliance with this Chapter. 27. Licensed massage technician on premises. No massage establishment permitted hereunder shall be open for business without having at least one massage technician holding a current valid permit for the specific establishment on the premises and on duty at all times when the establishment is open. 28. Display of permits and identification cards. The operator and/or designated manager(s) shall ensure that the massage technician permit for each massage technician employed at the establishment (whether on-duty or not) is displayed or retained as required by § 5.22.080A.2, and that each massage technician is wearing or has in his/her possession the identification required by § 5.22.090A.3. at all times when in the massage establishment. Such identification shall be provided to City or Police Department representatives upon demand. 29. Compliance with all laws. Each owner, operator and on-duty manager shall at all times comply with all provisions of this Chapter and all other applicable provisions of the Temecula Municipal Code, all conditions of any required zoning approvals, conditions imposed by the Chief of Police, and all state and federal laws, statutes and regulations C. Outcall massage. Outcall massage may be booked by an operator and/or manager to be performed only in a commercial establishment holding a massage establishment permit, or at a massage customer's business office located in a commercial zone. Outcall massage may not be performed within any residence. Outcall massage may be provided by a City-permitted massage technician employed by or under written contract with a massage establishment, so long as such massage is incidental to the operation of the operator's massage establishment and so long as the outcall massage is provided in compliance with §5.22.080, subsections AA, A.8, B.3, B.4, and B.7, and §5.22.090, excepting only subsection A.7, of this Chapter. 1043165 21 The owner, operator and on duty manager shall be jointly responsible for the conduct of all massage technicians while they are acting in the course of providing outcall massage services on behalf of the massage establishment. Any act or omission of any massage technician constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the owner, operator and on duty manager for purposes of determining whether the massage establishment permit shall be revoked, suspended, or an application for such permit or renewal thereof, denied or renewed. Each massage technician performing outcall massage shall be subject to the provisions of, and shall prepare and maintain records as described in §5.22.080 B.10 of this Chapter. Outcall massage may only be provided during the hours set forth in §5.22.080 B.11. 5.22.094 Requirements applicable to Massage Technicians. A. All massage technicians shall comply with the following requirements and any other conditions imposed by the Chief of Police on issuance of the massage technician's permit. 1. Prohibited massage areas. No massage technician or other person shall massage the genitals or anal area of any patron or the breast(s) of any female patron. No massage technician or other person, while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's genitals, gluteal crease, anus or, in the case of a female, her breasts, are fully covered. 2. Coverings. The massage technician shall provide to each patron clean, sanitary and opaque coverings capable of covering areas of the patron identified as prohibited massage areas in § 5.22.090A.1, including the genital area, anus and female breasts. No common use of such coverings is permitted, and re-use is prohibited unless adequately cleaned and sanitized. No massage technician shall massage any patron unless the person's genitals, gluteal crease, anus and, in the case of a female, her breasts, are fully covered at all times while the technician or other employee is present in the same room as the patron. 3. Identification cards. The massage technician shall wear or have in his/her possession a photo identification card prepared and issued by the Police Department at all times when present in the massage establishment. Such identification shall be provided to City regulatory officials upon demand. When worn, the identification card shall be worn on outer clothing with the photo side facing out. If a massage technician changes his or her business address, he or she shall, prior to such change, obtain from the Chief of Police a new photo identification card and advise the Police Department, in writing, of the new business address. 4. Massage locations. Massage technicians shall not perform any massage at any location other than the massage establishment specified on the permit, or 1043165 22 at an authorized outcall location booked by that massage establishment pursuant to § 5.22.080C. 5. Names. While on duty, the massage technician shall not use any name other than that specified on his or her photo identification card. 6. Clothing. Massage technicians and all massage establishment employees shall be fully clothed at all times while within a massage establishment or performing services under a massage establishment permit. Clothing shall be of a fully opaque, non-transparent material and provide complete covering of the genitals, pubic area, buttocks, anal area and chest area. 7. Inspections. By accepting a massage technician permit, each massage technician consents to the inspection of the massage establishment by the City's Building and Safety, Fire Department, Police Department, Code Enforcement and the Health Department for the purpose of determining that the provisions of this Chapter or other applicable laws or regulations are met. The massage technician further consents to the inspection of the occupied massage rooms by the Police Department for the purpose of determining that the provisions of this Chapter are met upon occurrence of any of the conditions referenced in § 5.22.080.B.25 which would require the posting of the Notice to All Patrons. 8. Every massage technician licensed under this Chapter shall annually complete at least twelve (12) hours of continuing education courses in massage from a recognized school of massage or equivalent organization as approved by the Chief of Police. Failure to complete such hours and submit proof of such completion in a form satisfactory to the Chief of Police at the time of permit renewal shall be grounds for denial of permit renewal. The minimum requirement of twelve (12) hours of continuing education courses to renew a permit is based on a five-hundred-hour education recommendation for membership in the American Massage Therapists Association (AMTA). If recommended hours of education for membership in the AMTA increase, the number of continuing education hours for renewal of permits under this Section shall increase by two (2) hours for each additional one-hundred (100) education hours required for membership in the AMTA. 5.22. 100 Health certificate. A. Before issuing or renewing a massage technician permit, the Chief of Police shall submit the name and address of the applicant to the County Health Officer and shall advise the applicant that he or she must report for examination or, alternatively, the applicant may report to a private medical doctor duly licensed to practice medicine in the State of California for examination. The Chief of Police shall not issue the permit until advised that the applicant has been examined by the County Health Officer or his or her private physician and has been found to be free of any contagious or communicable disease as defined in this Chapter. 1043165 23 B. In addition to the above requirements, upon submission of an initial application for a massage technician permit or upon annual renewal thereafter, the applicant shall submit to the Chief of Police a certificate from a medical doctor stating that the applicant has, within fifteen (15) days immediately prior thereto, been examined and found to be free of any contagious or communicable disease as defined in this Chapter; and if said applicant is not so found free of any contagious or communicable disease, his or her permit shall be denied or revoked by the Chief of Police. Failure to provide such health certificate shall result in revocation of the massage technician permit. C. For purposes of this Chapter, contagious and communicable diseases shall include tuberculosis and hepatitis A, B and C. D. Notwithstanding the above, if a person with a communicable disease wishes to be considered for licensing by the City, such individual may provide a report from an appropriate medical specialist concluding that, based upon a recent physical and review of medical records, allowing such individual to practice massage therapy would not interfere with the individual's treatment or health and that the individual's practice of massage therapy would not create a risk to patients, including patients with compromised immune systems. The report shall include any precautions recommended by the medical specialist. The Chief of Police shall consider the report and shall issue the permit within fifteen (15) days unless he or she finds that the risk of harm to the applicant or to massage customers if the permit is granted would be significant. E. The report or certification of an appropriate medical specialist must provide a description of his/her specialty and practice and include a detailed description of the physical and medical history he/she conducted, including the results of any tests for such individual. Any and all records provided by an applicant pursuant to this section shall be maintained as confidential medical records. 5.22.114 Transfers and changes of business. A. Every owner and operator shall report immediately to the Police Department any and all changes of ownership or management of the massage establishment or business, including, but not limited to, changes of manager or other person principally in charge, stockholders holding more than 5% of the stock of the corporation, officers, directors and partners, and any and all changes of name, style or designation under which the business is to be conducted and all changes of address or telephone numbers of the massage business. A change of location of any of the premises may be approved by the Chief of Police provided there is compliance with all applicable regulations of the City of Temecula. B. No massage establishment permit may be sold, transferred or assigned by a permit holder, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; provided and excepting, however, that if the permit holder is a partnership and 1043165 24 one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the Chief of Police, shall be placed in the name of the surviving partners. No massage technician permit may be sold, transferred or assigned by a permit holder or any operation of law to any other person or persons. 5.22.120 Fees. The City Council shall establish by resolution, and from time to time may amend, the fees for the administration of this Chapter, including required testing. Fees required by this Chapter shall be in addition to any required under any other chapter of this code. 5.22.130 Exemptions. A. The provisions of this Chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of the duties of their respective professions: 1. Physicians, surgeons, chiropractors, osteopaths, acupuncturists and physical therapists who are duly licensed to practice their respective professions in the State of California, provided such professionals are performing massage, as defined in this Chapter, at a licensed business as part of and to the extent permitted by their respective professions, and further provided massage is not being performed at any time by massage technicians or other persons who are required to obtain a massage technician permit pursuant to this Chapter; 2. Registered and licensed vocational nurses working on the premises of, and under the direct supervision of, a State licensed physician, surgeon, chiropractor or osteopath. Practical nurses or other persons that do not meet the requisite qualifications to obtain a massage technician permit under this Chapter, or any other person otherwise licensed by the State of California, whether or not employed by a physician, surgeon, chiropractor or osteopath, may not provide massage services or act as a massage technician; 3. Barbers and cosmetologists, licensed by the State of California, and persons licensed by the State of California to provide skin care (estheticians) or nail care (manicurists), as defined and to the extent provided in Business and Professions Code Section 7316, or any successor provision thereto, as follows: a. Barbers may massage the face and scalp; b. Cosmetologists may massage the scalp, face, neck, arms, hands, feet below the calf, and the body extending from the clavicles upward; 1043165 25 C. Estheticians may massage the face, neck, arms and the body extending from the clavicles upward; d. Manicurists may massage the hands, and feet below the calf. State licensed barbers, cosmetologists, estheticians and manicurists are subject to the exemption provided by this subsection 3 only while providing other barbering, cosmetology, skin care or nail care services in a facility licensed by the City of Temecula to provide such services. The provisions of this subsection 3 apply to apprentices of any of the foregoing who are licensed by the State of California, but only while performing barbering, cosmetology, skin care or nail care services under the direct supervision of a barber, cosmetologist, esthetician or manicurist who is subject to the exemption provided by this subsection. 4. Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the State of California; 5. Fully accredited high schools, junior colleges, and colleges or universities whose athletic coaches and trainers are acting within the scope of their employment; 6. Trainers of amateur, semiprofessional or professional athletes or athletic teams; 7. Massage conducted in the course of education at any recognized school of massage, as defined herein. 8. "Chair massage", i.e., massage of the body from the waist up, to a person seated in a chair, provided by a City-permitted massage technician, provided the customer and massage technician are fully clothed and the massage is provided in full compliance with §5.22.090A.1 (no massage of prohibited massage areas.) 9. Persons and businesses exempt from the permitting requirements of this Chapter, pursuant to any State or federal law that expressly preempts the permit requirements set forth in this Chapter, but only to the extent of such preemption. Any business or person claiming to be exempt pursuant to this subsection 9 shall have the burden of establishing the applicability of such exemption. B. The provisions of this Chapter shall not apply to massage services provided by the City of Temecula or by any City-authorized person, group, entity, business or organization as part of an official City program or function approved in writing by the City Manager. 1043165 26 5.22.140 Duration and reneival of permits. A. Permits for massage establishments and technicians may be renewed on a year-to-year basis provided the permit holder continues to meet the requirements of this Chapter. B. Applications for the permit renewal shall be filed with the Chief of Police at least sixty (60) days prior to expiration of the existing permit, otherwise the permit will lapse. At the discretion of the Chief of Police, a conditional permit pending satisfactory completion of the renewal application process may be issued to renewal applicants who have no permit revocation or suspension proceedings pending at the time of filing of the renewal application. C. Renewal applications shall set forth such information as may be required by the Chief of Police to update and verify the information contained in the original permit application. The applicant shall pay a new application fee when applying for renewal. 5.22.150 Suspension, revocation, permit denial, and appeal. A. Violation and noncompliance. The Chief of Police may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the applicant or permit holder has failed to comply with the permit conditions or other requirements of this Chapter. If a suspended permit lapses during the suspension period, a new application must be made at the end of the suspension period. In any such case, the applicant or permit holder shall have the right to appeal in the time and manner set forth in this Section. Permit. B. Revocation, suspension, and denial of renewal of massage establishment 1. The Chief of Police may revoke or refuse to renew a massage establishment permit if he or she finds that any owner or operator: (i) no longer satisfies the requirements of § 5.22.040A, or (ii) has engaged in or permitted conduct that would be grounds for denial of a permit under § 5.22.040A., or (iii) has engaged in or permitted conduct that would be a violation of § 5.22.080B.19, B.20, B.24 or § 5.22.090 A.1, A.2 or A.6, as applies to massage technicians performing outcall massage; or (iv) has violated any provision of this Chapter within one year following suspension under subsection 2 below; or (v) has demonstrated an inability to operate or manage the massage establishment in a law abiding manner, thus necessitating one or more criminal investigations of the establishment by law enforcement officers. 2. The Chief of Police may suspend a massage establishment permit for a period of thirty (30) days for violation of any subsection of § 5.22.080 not listed in subsection 1, above. 1043165 27 C. Revocation, suspension, and denial of renewal of massage technician permit. 1. The Chief of Police may revoke or refuse to renew a massage technician permit if he or she finds that the technician: (i) no longer satisfies the requirements of § 5.22.070, or (ii) has engaged in conduct that would be grounds for denial of a permit under § 5.22.070A, or (iii) has engaged in conduct that would be a violation of § 5.22.090A.1, A.2 or A.6, or (iv) has violated any provision of this Chapter within one (1) year following suspension under subsection 2 below. 2. The Chief of Police may suspend a massage technician permit for a period of 30 days for any violation of any section or subsection of this Chapter not listed in subsection 1, above. D. Notice. When the Chief of Police concludes that grounds for denial of a new permit or permit renewal, or permit suspension or revocation exist, the Chief of Police shall serve the applicant or permit holder, either personally or by certified mail addressed to the business or residence address of applicant or permit holder, with a Notice of Denial of Permit, or Notice of Intent to Suspend, Revoke or Deny Renewal. This Notice shall state the reasons for the decision, the effective date of the decision, the right of the applicant or permit holder to appeal the decision to a Hearing Officer, and that the decision will be final if no written appeal is filed within the time permitted. E. Appeal. 1. The right to file a written appeal shall terminate upon the expiration of fifteen (15) days of the date of mailing by the Chief of Police of the Notice specified in subsection D, above. The written appeal shall be filed with the City Clerk of the City of Temecula and shall be accompanied by an appeal fee in an amount as set by City Council resolution, and the City Clerk shall promptly forward a copy of the appeal to the Chief of Police. 2. In the event an appeal is timely filed, the denial of renewal, suspension or revocation shall not be effective until a final decision has been rendered by the Hearing Officer. Notwithstanding the foregoing, if the Chief of Police finds and determines that permitting a massage establishment to continue to operate, or a massage technician to continue to provide massage, pending the appeal hearing, would present an unreasonable and immediate risk to the public health and safety, the denial of renewal, suspension or revocation may take effect immediately. If no timely appeal is filed, the denial of renewal, suspension or revocation shall become effective upon expiration of the period for filing appeals. 3. Upon receipt of a timely appeal, the City Clerk shall make arrangements for the selection of a Hearing Officer to conduct the Appeal Hearing. Not less than fifteen (15) days prior to the Appeal Hearing, the City Clerk shall notify the Chief of Police and the Appellant of the names of three qualified attorneys or retired 1043165 28 Superior Court or Appellate Court judges submitted to the City Clerk by a reputable firm providing mediators and arbitrators to serve as a panel from which the Hearing Officer will be selected. Within five (5) days of the date of mailing the notice of the available panel, the Chief of Police and the Appellant may notify the City Clerk in writing that he or she elects to remove one of the three potential Hearing Officers. The City Clerk shall then request the mediation and arbitration firm to select one of the remaining names on the list as the designated Hearing Officer for the Appeal Hearing. The Hearing Officer shall be fair and impartial and shall have no bias for or against the Chief of Police or the Appellant. 4. At the Appeal Hearing, the Hearing Officer shall receive oral and written evidence from the Chief of Police and the Appellant. The Hearing Officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The Hearing Officer shall have broad authority to control the proceedings and to provide for cross examination of witness in a fair and impartial manner. The Chief of Police shall have the burden of proof to establish by clear and convincing evidence the facts upon which his decision is based. The Appeal Hearing shall be recorded by audio recording. Any party may, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be made available for purchase to both parties. The Hearing Officer may continue the Appeal Hearing from time to time, but only upon written motion of a party showing good cause for the continuance. 5. The Hearing Officer may uphold, modify or reverse the decision of the Chief of Police. Within ten (10) days of the conclusion of the Appeal Hearing, the Hearing Officer shall render his or her decision and make written findings supporting the decision. He or she shall send the decision to the City Clerk. Upon receipt of the Hearing Officer's Decision, the City Clerk shall send a copy of it to the Chief of Police and the Appellant, along with a proof of mailing. 6. Within ten (10) days from date of the City Clerk's mailing of the Decision, either party may appeal the Decision to the City Manager. The appeal shall be in writing and filed with the City Clerk, and shall state the grounds of the appeal and specify the errors in the Hearing Officer's decision. Upon receipt of the Appeal, the City Clerk shall schedule the Appeal for review by the City Manager to occur within thirty (30) days. 7. The City Manager's review of the Appeal shall be limited to determining whether the evidence received at the Appeal Hearing supports the findings and decision of the Hearing Officer. The City Manager shall be limited to considering the evidence presented at the Appeal Hearing. No public hearing shall be required and no new evidence shall be taken by the City Manager. The City Manager's decision on the Appeal shall be set forth in a written opinion. The City Clerk shall mail a copy of the 1043165 29 City Manager's opinion to the Chief of Police and the Appellant along with a proof of service. Any legal action challenging the City Manager's decision shall be filed within ninety (90) days of the date of the proof of service of mailing of the City Manager's opinion, pursuant to § 1094.5, et seq. of the California Code of Civil Procedure. The City Manager's decision shall be final and effective upon mailing of the opinion. If the Appellant prevails following a final decision, the appeal fee shall be returned. 5.22.160 Violation and penalty. A. Violation of any provision of this Chapter is a misdemeanor and is subject to enforcement pursuant to the provisions of Chapters 1. 20, 1.21 and/or 1.24 of Title 1 of this code. The provisions of this Chapter may be enforced by members of the Riverside County Sheriffs Department, persons employed by the City whose job descriptions require the person to enforce the provisions of this Code, including but not limited to code enforcement officers, and such other Enforcement Officials as described in Section 1. 16.020 of this Code or its successor sections. B. Any massage establishment operated, conducted or maintained contrary to the provisions of this Chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal or administrative action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enj oinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishment businesses and restrain and enjoin any person from operating, conducting or maintaining a massage establishment or contrary to the provisions of this Chapter." SECTION 3: Time for Compliance. Commencing on the effective date of this Ordinance and Chapter hereby adopted, all permits are to be issued in accordance with the provisions of said Chapter. Existing massage practitioners' and/or technicians' permits that are valid and in good standing as of the effective date of this Ordinance, shall continue in effect until expiration, provided the affiliated massage establishment permit remains valid. All existing and validly permitted massage practitioner or technician permit holders shall have an additional twelve (12) months from the effective date of this Ordinance to meet and comply with the 720 hour training and testing requirement (if testing is required.) Each massage establishment permit holder legally doing business as of the effective date of this Ordinance shall apply for a new permit not later than one-hundred twenty (120) days from said date, and shall comply with all new permit holder requirements for issuance of a permit before such a new permit may be issued. Notwithstanding the foregoing, in order to avoid a lapse of permit, owners and operators having massage establishment permits that will expire within said 120 day period must apply for a new permit within such time as is provided for a new permit application to be processed in accordance with this Ordinance. If a permit is denied for any such business, the business shall cease operation upon issuance of the decision of the Chief of Police, 1043165 30 unless a timely appeal is filed in accordance with the Chapter adopted hereby. In such case, the business shall cease operation if and when there is a final decision upholding the decision of the Chief of Police. SECTION 4: Severability. The City Council declares that, should any article, provision, section, paragraph, sentence or word of this Ordinance or the Chapter hereby adopted be or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of the Chapter hereby adopted shall remain in full force and effect. SECTION 5: The City Clerk shall certify to the adoption of this Ordinance. ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this day of , 2008. MAYOR City of Temecula ATTEST: CITY CLERK City of Temecula APPROVED AS TO FORM: CITY ATTORNEY City of Temecula I, Susan W. Jones, City Clerk of the City of Temecula, California, hereby certify that the foregoing Ordinance was duly and regularly introduced at a meeting of the City Council on the of , 2008, and that thereafter the said Ordinance was duly and regularly adopted at a meeting of the City Council on the Ayes: Noes: Absent: day of , 2008, by the following vote, 1043165 31 IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Temecula, California, this day of 12008. City Clerk of the City of Temecula 1043165 32