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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
MARCH 24, 2009 - 7:00 PM
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items
can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
6:00 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant
to Government Code Section:
1) Conference with Attorney pursuant to Government Code Section
54956.9(a), (b) and (c). The Council will meet pursuant to Government
Code Section 54956.9(x) with respect to the following four matters
of actual litigation pertaining to the Roripaugh Ranch Project in which the
City of Temecula ("City") and Temecula Public Financing Authority
("Authority") are defendants: (1) R.J. Noble v. Ashby USA, City, Authority
et, al. (Riverside Superior Court Case No. RIC 480922); (2) Riverside
Construction Co. v. Ashby USA, City, Authority et. al. (Riverside Superior
Court Case No. RIC 484179); (3) Utah Pacific Construction Co. Ashby
USA, City, Authority et. al. (Riverside Superior Court Case No. RIC
485802); and (4) Klaer Brittain, Inc. Ashby USA, City, Authority et. al.
(Riverside Superior Court Case No. RIC 506084). Additionally conference
with City Attorney pursuant to Government Code Section 54956.9(b) and
(c) with respect to one additional matter of potential litigation involving the
Roripaugh Ranch Project in which the City Attorney has determined that a
point has been reached where there is a significant exposure to litigation
involving the City based on existing facts and circumstances and
pursuant to Government Code Section 54956.9(c) with respect to the same
matters in which the City Council will decide whether to initiate litigation.
2) Conferemce with City Attorney pursuant to Government Code Section
54956.9(b) and (c). The Council will meet pursuant to Government Code
Section 54956.9(b) with respect to two matters of potential litigation in which
the City Attorney has determined that a point has been reached where there
is a significant exposure to litigation involving the City based on existing
facts and circumstances and pursuant to Government Code Section
54956.9(c) with respect to the same matters in which the City Council will
decide whether to initiate litigation.
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
Next in Order:
Ordinance: 09-05
Resolution: 09-30
CALL TO ORDER: Mayor Maryann Edwards
Prelude Music: Ruth Northrup
Invocation: Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley
Flag Salute: Council Member Roberts
ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards
National Start! Walking Day Proclamation
Child Abuse Prevention Month 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.
2
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 Action Minutes
RECOMMENDATION:
2.1 Approve the action minutes of March 10, 2009.
3 List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
Award a Construction Contract and Reimbursement Aareements for Rancho California
Road Pavement Rehabilitation Project - Project No. PW06-14
RECOMMENDATION:
4.1 Award a construction contract for the Rancho California Road Pavement
Rehabilitation Project No. PW06-14 to All American Asphalt in the amount of
$3,666,004.25;
4.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $366,600.43, which is equal to 10% of the contract amount;
4.3 Approve a Reimbursement Agreement in the amount of $22,508 with the Eastern
Municipal Water District (EMWD) for adjustment of various sewer facilities
associated with the Rancho California Road Pavement Rehabilitation Project No.
PW06-14 and authorize the City Manager to execute the Agreement on behalf of
the City;
4.4 Approve a Reimbursement Agreement in the amount of $8,671.50 with the Rancho
California Water District (RCWD) for adjustment of various water facilities
associated with the Rancho California Road Pavement Rehabilitation Project No.
PW06-14 and authorize the City Manager to execute the Agreement on behalf of
the City;
4.5 Make a finding that the Rancho California Road Pavement Rehabilitation project is
exempt from Multiple Habitat Conservation Plan (MSHCP) fees;
4.6 Approve a transfer of $1,601,162.29 from Citywide Pavement Rehabilitation
Program 210-165-655-5804 to account 210-165-657 the Rancho California Road
Pavement Rehabilitation Project No. PW06-14.
Geotechnical, Material Testing and Special Inspection Professional Service Agreement for
the Rancho California Road Rehabilitation Project - Project No. PW06-14
RECOMMENDATION:
5.1 Approve an Agreement with LOR Geotechnical Group, Inc. to provide professional
geotechnical, material testing and special inspection services associated with the
Rancho California Road Rehabilitation Project PW06-14, Federal Project No. STPL
5459 (019) in the amount of $71,170;
5.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the
contingency amount of $7,117, which is equal to 10% of the Agreement.
Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for
the Citywide Slurry Seal Project FY 2008-09, Paloma del Sol and Temeku Hills area -
Proiect No. PW09-01
RECOMMENDATION:
6.1 Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids for the Citywide Slurry Seal Project FY 2008-09, Paloma
Del Sol and Temeku Hills area, Project No. PW09-01.
First Amendment to Food and Beverage Sales Agreement between the City of Temecula
and C & E Concessionary Enterprises, Inc.
RECOMMENDATION:
7.1 Approve the First Amendment to Food and Beverage Sales Agreement between the
City of Temecula and C & E Concessionary Enterprises, Inc.
License Agreement between the City of Temecula and Riverside County Flood Control and
Water Conservation District
RECOMMENDATION:
8.1 Approve the License Agreement between the City of Temecula and Riverside
County Flood Control and Water Conservation District for public recreational use
within the channel right of way along Murrieta Creek between Winchester Road and
Rancho California Road.
City Council authorization to apply for a Caltrans Multiiurisdictional Transportation Planning
Grant with the Cities of Murrieta, Lake Elsinore , and the Western Riverside Council of
Governments as sub-recipients
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
DESIGNATING TEMECULA AS THE RECIPIENT, AND THE WESTERN
RIVERSIDE COUNCIL OF GOVERNMENTS (WRCOG) AS THE SUB-RECIPIENT
FOR PURPOSES OF SUBMITTING A GRANT APPLICATION TO THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE DEVELOPMENT
OF A MULTIJURISDICTIONAL CORRIDOR PLANNING PROGRAM
10 Second Reading of Ordinance No. 09-03
RECOMMENDATION:
10.1 Adopt an ordinance entitled:
ORDINANCE NO. 09-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY
COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF
ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM
11 Second Reading of Ordinance No. 09-04
RECOMMENDATION:
11.1 Adopt an ordinance entitled:
ORDINANCE NO. 09-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
REPEALING CHAPTER 8.32 (NOISE CONTROL) OF THE TEMECULA
MUNICIPAL CODE AND AMENDING SECTIONS 9.20.020.E, 9.20.020.F,
9.20.040, 9.20.050, 9.20.060.D, AND 9.20.070.A.1 OF THE TEMECULA
MUNICIPAL CODE CONCERNING REGULATION OF NOISE
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
12 Action Minutes
RECOMMENDATION:
12.1 Approve the action minutes of March 10, 2009.
13 Old Town Temecula Community Theater Booking and Rental Policy Amendment
RECOMMENDATION:
13.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 09-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA AMENDING
THE OLD TOWN TEMECULA COMMUNITY THEATER BOOKING AND RENTAL
POLICY
CSD DEPARTMENTAL REPORT
14 Community Services Departmental Report
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
TEMECULA REDEVELOPMENT AGENCY MEETING
RDA PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item not on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name for the record.
RDA CONSENT CALENDAR
15 Action Minutes
RECOMMENDATION:
15.1 Approve the action minutes of March 10, 2009
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.
16 Plannina Application Number LR08-0019, a proposed Heritaae Tree Ordinance, adding
new Chapter 8.48 to Title 8 of the Municipal Code
RECOMMENDATION:
16.1 Introduce and read by title only an Ordinance entitled:
ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, ADDING NEW CHAPTER 8.48 (TEMECULA HERITAGE TREE
ORDINANCE) TO TITLE 8 (HEALTH AND SAFETY) OF THE MUNICIPAL CODE
OF THE CITY OF TEMECULA
DEPARTMENTAL REPORTS
17 Planning Department Monthly Report
18 City Council Travel/Conference Report - February 2009
19 Public Works Department Monthly Report
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: City Council Regular, Tuesday, April 14, 2009, 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.
NOTICE TO THE PUBLIC
The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (43200 Business Park
Drive, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council
meeting. At that time, the packet may as well be accessed on the City's website - www.citvoftemecula.oro
Supplemental material received after the posting of the Agenda
Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the
Agenda, will be available for public review at the Main Reception at City Hall (43200 Business Park Drive, Temecula - 8:00 -
5:00 PM). In addition, such material will be made available on the City's web - www.cityoftemecula.org - and will be available
for public review at the respective meeting.
If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's
Department - 951-694-6444.
PRESENTATIONS
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CONSENT CALENDAR
ITEM NO. 1
ITEM NO. 2
ACTION MINUTES
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
MARCH 10, 2009 - 7:00 PM
6:15 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant
to Government Code Section:
1) Conference with City Attorney pursuant to Government Code Sections
54956.9(a) and (c). The Council will meet pursuant to Government Code
Section 54956.9(b) with respect to one matter of potential litigation in which
the City Attorney has determined that a point has been reached where there
is a significant exposure to litigation involving the City based on existing
facts and circumstances and pursuant to Government Code Section
54956.9(c) with respect to the same matter in which the City Council will
decide whether to initiate litigation.
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
At 6:15 P.M., Council Member Naggar moved to call the Closed Session to order. The motion was
seconded by Council Member Comerchero and voice vote reflected approval.
The City Council meeting convened at 7:01 PM.
CALL TO ORDER: Mayor Maryann Edwards
Prelude Music: Susan Miyamoto
Invocation: Pastor Leon Franklin of The Living Word Church
Flag Salute: Council Member Naggar
ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards
The Plastic Bag and Our Environment Presentation
Presentation to exchange students traveling to our Sister City Nakayama, Japan
Bill Harker Day Proclamation
1
PUBLIC COMMENTS
Phil Baily and Chris Baily, representing Temecula Team 150, addressed the City Council and
apprised of upcoming events.
Rebecca Weersing, President of the Temecula Valley Council of PTAs, apprised the Council of
the Reflections Program (K through 12`" grade) and advised that the visual arts and
photography pieces will be displayed in Old Town.
Corinna Coram, Event Chair person for the Events and Promotions Committee of the Old Town
Temecula Association further commented on the Reflection Exhibition and introduced those
students who have successfully advanced to the next level.
CITY COUNCIL REPORTS
CONSENT CALENDAR
Standard Ordinance and Resolution Adoption Procedure - Approved Staff
Recommendation (5-0-0) - Council Member Comerchero made the motion; it was
seconded by Council Member Washington; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
Action Minutes - Approved Staff Recommendation (5-0-0) - Council Member
Comerchero made the motion; it was seconded by Council Member Washington;
and electronic vote reflected unanimous approval.
RECOMMENDATION:
2.1 Approve the action minutes of February 24, 2009.
List of Demands - Approved Staff Recommendation (5-0-0) - Council Member
Comerchero made the motion; it was seconded by Council Member Washington;
and electronic vote reflected unanimous approval.
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 09-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
City Treasurer's Report as of January 31, 2009 - Approved Staff Recommendation
(5-0-0) - Council Member Comerchero made the motion; it was seconded by Council
Member Washington; and electronic vote reflected unanimous approval.
RECOMMENDATION:
4.1 Approve and file the City Treasurer's Report as of January 31, 2009.
Southern California Edison Agreements for the Underground Utility District Rule 20B,
Project No. PW06-07 (1 B) - Approved Staff Recommendation (5-0-0) - Council
Member Comerchero made the motion; it was seconded by Council Member
Washington; and electronic vote reflected unanimous approval.
RECOMMENDATION:
5.1 Authorize the City Manager to approve an Agreement entitled, "Agreement For
Replacement of Overhead with Underground Distribution Facilities" associated with
the Rule 20B Utility Undergrounding Project in Old Town;
5.2 Authorize the City Manager to approve an Agreement entitled, "Added Facilities
Agreement Applicant Financed" associated with the placement of a buried 75
kilovolt transformer associated with the Rule 20B Utility Undergrounding Project in
Old Town;
5.3 Authorize the payment of $133,535.08 and $5,272.89 ($138,807.97 total) to
Southern California Edison to satisfy the monetary obligations of these two
Agreements.
Fifth Amendment to a Professional Services Aareement Murrieta Creek Bridae and
Overland Drive Extension to Diaz Road, Project No. PW00-26 - Approved Staff
Recommendation (5-0-0) - Council Member Comerchero made the motion; it was
seconded by Council Member Washington; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
6.1 Approve the Fifth Amendment to the agreement with Project Design Consultants in
an amount not to exceed $6,000 for additional services to modify the design of the
Murrieta Creek Bridge and Overland Drive Extension to Diaz Road - Project No.
PW00-26 - to accommodate an existing 12 inch Rancho California Water District
(RCWD) waterline.
Authorize temporary and Partial Street Closures for the 2009 Temecula Rotarv Club
Triathlon (within the Redhawk Area) - Approved Staff Recommendation (5-0-0) -
Council Member Comerchero made the motion; it was seconded by Council Member
Washington; and electronic vote reflected unanimous approval.
RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION NO. 09-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING STREET CLOSURES FOR 2009 TEMECULA ROTARY CLUB
TRIATHLON, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT
FOR THIS SPECIFIC SPECIAL EVENT
Third Amendment to the Joint Exercise of Powers Agreement creating the Western
Riverside County Regional Conservation Authority_- Approved Staff Recommendation
(5-0-0) - Council Member Comerchero made the motion; it was seconded by Council
Member Washington; and electronic vote reflected unanimous approval.
RECOMMENDATION:
8.1 Approve the third amendment to the Joint Exercise of Powers creating the Western
Riverside County Regional Conservation Authority.
Long Range Planning Project Number LR08-0005. CEQA Procedure Handbooks for
Private Development and Capital Improvement Projects - Approved Staff
Recommendation (5-0-0) - Council Member Comerchero made the motion; it was
seconded by Council Member Washington; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
9.1 Adopt a resolution entitled
RESOLUTION NO. 09-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADOPTING THE CITY OF TEMECULA ENVIRONMENTAL REVIEW
PROCEDURES HANDBOOKS FOR PRIVATE DEVELOPMENT PROJECTS AND
CAPITAL IMPROVEMENT PROJECTS (LR08-0005)
10 General Maintenance Expenditure with Quaid Temecula Harley-Davidson - Approved
Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it
was seconded by Council Member Washington; and electronic vote reflected
unanimous approval.
RECOMMENDATION:
10.1 Approve an additional expenditure of $15,500 for General Maintenance Services
with Quaid Temecula Harley-Davidson, bringing the total FY08-09 annual
expenditure to $45,500.
At 7:44 p.m., the City Council convened as the Temecula Community Services District and the
Redevelopment Agency. At 7:56 p.m. the City Council resumed with regular business.
PUBLIC HEARING
14 Proposed Ordinance to repeal Chapter 8.32 (Noise Control) of the Temecula Municir)al
Code and amending Sections 9.20.020.E, 9.20.020.F, 9.20.040, 9.20.050, 9.20.060.D
and 9.20.070.A.1 of the Temecula Municipal Code concerning regulation of noise -
Approved Staff Recommendation with direction to staff to work with Mr. Dool as
relates to noise readings regarding his establishment (5-0-0) - Council Member
Comerchero made the motion; it was seconded by Council Member Washington;
and electronic vote reflected unanimous approval.
RECOMMENDATION:
14.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 09-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
REPEALING CHAPTER 8.32 (NOISE CONTROL) OF THE TEMECULA
MUNICIPAL CODE AND AMENDING SECTIONS 9.20.020.E, 9.20.020.F,
9.20.040, 9.20.050, 9.20.060.13, AND 9.20.070.A.1 OF THE TEMECULA
MUNICIPAL CODE CONCERNING REGULATION OF NOISE
City Planner Richardson presented the staff report (as per agenda material).
At this time, the public hearing was opened.
Ed Dool, Temecula, expressed concern to the Council with the proposed ordinance.
There being no additional public input, the public hearing was closed.
CITY COUNCIL BUSINESS
15 Establishment and Armointment of Ad-Hoc Subcommittee--Youth Court (at the Reauest
of Mayor Pro-Tem Comerchero) - Appointed Mayor Edwards and Council Member
Comerchero (5-0-0) - Council Member Washington made the motion; it was
seconded by Council Member Roberts; and electronic vote reflected unanimous
approval.
RECOMMENDATION
15.1 Establish an ad-hoc subcommittee to work in partnership with the City of Murrieta
and the County of Riverside to establish a Youth Court;
15.2Appoint two City Council Members to serve on the subcommittee.
CITY MANAGER REPORT
CITY ATTORNEY REPORT
With regard to Closed Session, City Attorney Thorson advised that there was no action to report
under the Brown Act.
ADJOURNMENT
At 8:50 p.m. the City Council meeting was formally adjourned to Tuesday, March 24, 2009, 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.
ATTEST:
Susan W. Jones, MMC
City Clerk
Maryann Edwards, Mayor
[SEAL]
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: March 24, 2009
SUBJECT: List of Demands
PREPARED BY: Pascale Brown, Accounting Manager
Jada Yonker, Accounting Specialist
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 09-
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. 09-
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 $6,937,577.51.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 24th day of March, 2009.
Maryann Edwards, 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. 09- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 24th day of March, 2009, 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
02/26/2009 TOTAL CHECK RUN
03/05/2009 TOTAL CHECK RUN
03/05/2009 TOTAL PAYROLL RUN:
$ 3,108,898.07
3,350,812.20
477,867.24
TOTAL LIST OF DEMANDS FOR 03/242009 COUNCIL MEETING: $ 6,937,577.51
DISBURSEMENTS BY FUND
CHECKS:
001
GENERAL FUND
$ 2,019,807.40
165
AFFORDABLE HOUSING
16,035.76
190
TEMECULA COMMUNITY SERVICES DISTRICT
247,072.16
192
TCSD SERVICE LEVEL B
120.06
193
TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE
80,386.33
194
TCSD SERVICE LEVEL D
1,984.20
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
1,425.01
197
TEMECULA LIBRARY FUND
8,921.61
210
CAPITAL IMPROVEMENT PROJECTS FUND
901,556.66
280
REDEVELOPMENT AGENCY - CIP PROJECT
118,076.61
300
INSURANCE FUND
17,632.19
320
INFORMATION SYSTEMS
48,543.68
330
SUPPORT SERVICES
16,092.43
340
FACILITIES
11,351.10
472
CFD 01-2 HARVESTON A&B DEBT SERVICE
538,769.35
473
CFD 03-1 CROWNE HILL DEBT SERVICE FUND
585,645.98
474
AD03-4 JOHN WARNER ROAD DEBT SERVICE
46,777.69
475
CFD03-3 WOLF CREEK DEBT SERVICE FUND
1,093,420.86
476
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
171,635.54
477
CFD- RORIPAUGH
534,455.65
$ 6,459,710.27
001
GENERAL FUND
$ 322,080.44
165
AFFORDABLE HOUSING
7,206.44
190
TEMECULA COMMUNITY SERVICES DISTRICT
97,401.91
192
TCSD SERVICE LEVEL B
140.94
193
TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE
5,025.04
194
TCSD SERVICE LEVEL D
1,360.34
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
1,424.12
197
TEMECULA LIBRARY FUND
739.81
280
REDEVELOPMENT AGENCY - CIP PROJECT
3,267.75
300
INSURANCE FUND
1,206.64
320
INFORMATION SYSTEMS
25,761.33
330
SUPPORT SERVICES
3,519.25
340
FACILITIES
8,733.23
477,867.24
TOTAL BY FUND: $ 6,937,577.51
apChkLst
Final Check List
Page: 1
0212612009
1:27:OOPM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
Check #
Date
Vendor
Description
Amount Paid
Check Total
1212
02125/2009
005460
U S BANK
ss#1 cfd property tax payment
2,321,806.84
2,321,806.84
1213
02126/2009
005460
U S BANK
ss#1 property tax: Roripaugh CFD 03-2
223,883.34
223,883.34
130079
02126/2009
012755
ABELLA, MELISSA
refund:sec dep:TCC rental
150.00
150.00
130080
02126/2009
005530
AMADOR, PETER
Cfd 88-12 reimb 07108
403.72
403.72
130081
0212612009
000747
AMERICAN PLANNING
4109-3110 APA mbrshp:Richardson, P
475.00
475.00
ASSOCIATION
130082
0212612009
000747
AMERICAN PLANNING
4109-3110 APA mbrshp:Pln Comm
360.00
360.00
ASSOCIATION
130083
02126/2009
000747
AMERICAN PLANNING
4109-3110 APA mbrshp:Jones, Eric
255.00
255.00
ASSOCIATION
130084
02126/2009
012686
ASHTON, KATHLYN KEHAULANI
sttlmnt: Aloha @ the Merc 2118
84.00
84.00
130085
0212612009
011961
AT&T MOBILITY
Feb 511813465:cell phone usage
13.24
13.24
130086
02126/2009
004040
BIG FOOT GRAPHICS
TCSD instructor earnings
504.00
TCSD instructor earnings
560.00
1,064.00
130087
02126/2009
005712
BINKY PATROL
Community Svc Funding Awrd 08109
200.00
200.00
130088
02126/2009
012583
BLANCA Y PRICE & COMPANY
PA05-0297 deducted paid in full
250.00
250.00
130089
02126/2009
010576
BOYS & GIRLS CLUB OF
Community Svc Funding Awrd 08/09
1,000.00
1,000.00
130090
0212612009
004176
BROADWING
Long distance & internet svcs
741.00
741.00
TELECOMMUNICATIONS
130091
0212612009
012762
CAL WEST FIRE PROTECTION
refund:permit fee diff:F090048
296.00
296.00
130092
02126/2009
005714
CAMP DEL CORAZON
Community Svc Funding Awrd 08109
2,500.00
2,500.00
130093
0226/2009
000131
CARL WARREN & COMPANY INC
Jan Liability Claims Mgmt Svc:Finance
1,872.70
1,872.70
Page:1
apChkLst
0212612009
1:27:001"M
Final Check List
CITY OF TEMECULA
Page: 2
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
130094
02126/2009
003775
CHAPARRAL HIGH SCHOOL
Community Svc Funding Awrd 08109
1,000.00
1,000.00
130095
02126/2009
012763
CHOI, JESSICA
refund:adm cite:violation dismissed
65.00
65.00
130096
02126/2009
012764
COLLINS, MARVIN D.
refund:admin cite:overpayment
35.00
35.00
130097
02126/2009
012756
CRANDELL, GINA R.
refund:picnic shelter:harveston
60.00
60.00
130098
02126/2009
012758
DE LA VINA, THERESA
refund:sr line dancing
10.00
10.00
130099
02126/2009
004192
DOWNS COMMERCIAL FUELING
Fuel for City vehicles: TCSD
1,494.80
INC
Fuel for City vehicles: B&S
255.64
Fuel for City vehicles: Code Enf/Pln
325.70
Fuel for City vehicles: Police
44.43
Fuel for City vehicles: PW Lnd Dv
427.31
Fuel for City vehicles: PW Traffic
138.74
Fuel for City vehicles: PW Maint
989.16
Fuel for City vehicles: PW CIP
106.59
3,782.37
130100
02126/2009
012759
DUNCAN, LINAJA
refund:deep sympathy bk
24.95
24.95
130101
02126/2009
011202
E M H SPORTS & FITNESS
TCSD instructor earnings
399.00
399.00
130102
02126/2009
002390
EASTERN MUNICIPAL WATER
190304-02 39569 seraphina rd
81.59
81.59
DIST
130103
02126/2009
002283
EMBASSY SUITES HOTEL
deposit 5119109:Every 15 Min Pgrm
411.00
411.00
130104
02126/2009
012630
ERICKSON-HALL
Jan const svcs: TCC Expansion
107,814.00
107,814.00
CONSTRUCTION CO
130105
02/26/2009
001056
EXCEL LANDSCAPE
Jan Idscp maint: City Facilities
9,685.00
Jan Idscp maint: Parks/Schools
43,040.00
Jan Idscp maint: North Slopes
28,494.00
Jan Idscp maint: South Slopes
41,885.00
Jan Idscp maint: Medians
14,987.00
138,091.00
Page2
apChkLst
Final Check List
Page: 3
0212612009
1:27:OOPM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date Vendor
Description
Amount Paid
Check Total
130106
02/26/2009 003347 FIRST BANKCARD CENTER
CONFERENCE MANAGER.COM
RJ conference call Waterpark
21.93
CONFERENCE MANAGER.COM
RJ conference call Waterpark
32.24
CONFERENCE MANAGER.COM
RJ conference call Mercedes Benz
7.54
AMAZON.COM, INC
RJ publication:Timeless Way of Bldg
46.80
SHOPEXTREME.COM
RJ Canon 4L Batter: Planning
17.97
AMERICAN AIRLINES
ME Air Bag Check:US Cf Mayors
15.00
AMERICAN AIRLINES
ME Air Bag Check:US Cf Mayors
15.00
PARK N FLY
ME Airport Parking Ont:US Cf Mayors
40.00
HILTON
ME Htl:'09 US Cf Mayors: 1117-19
1,407.79
INTL COUNCIL OF SHOPPING
AA ICSC Cf San Diego 1114:Wolnick
45.00
INTL COUNCIL OF SHOPPING
AA ICSC Cf San Diego 1114:Damko
45.00
INTL COUNCIL OF SHOPPING
AA ICSC'09 mbrshp:Wolnick
50.00
INTL COUNCIL OF SHOPPING
AA ICSC'09 mbrshp:Damko
50.00
INTL COUNCIL OF SHOPPING
AA ICSC'09 mbrshp:Adams
50.00
CALIF REDEVELOPMENT ASSN
JM Foreclosure Conf 1129
95.00
PAYPAL
TT Verisign Payflow Pro Transaction
130.80
PC CONNECTION
TT USB Cable: Info Sys
51.85
RED ROBIN
TT refreshments PD mall move
70.98
NEW URBAN RESEARCH INC
TT Intro to GIS Conf:Thorson 3/18
495.00
CATERERS CAFE
WH refreshments PW Maint mtg 1129
168.49
CONFERENCE MANAGER.COM
RJ conference call Mercedes Benz
13.19
CONFERENCE MANAGER.COM
RJ conference call Mercedes Benz
17.12
CONFERENCE MANAGER.COM
RJ conference call Waterpark
91.80
CONFERENCE MANAGER.COM
RJ conference call Mercedes Benz
16.94
CONFERENCE MANAGER.COM
RJ conference call Mercedes Benz
10.16
INTL COUNCIL OF SHOPPING
AA ICSC'09 mbrshp
50.00
INTL COUNCIL OF SHOPPING
AA ICSC'09 mbrshp:City
100.00
3,155.60
130107
02126/2009 010493 FOREST CITY COMMERCIAL
refund: deposit Regional Ctr Plan
10,060.47
10,060.47
MGMT
Page:3
apChkLst
Final Check List
Page: 4
0212612009
1:27:OOPM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
130108
02126/2009
011145
FOSTER, JILL C.
TCSD instructor earnings
52.50
52.50
130109
02126/2009
011967
FULL VALUE ENTERTAINMENT
sttlmnt: Battle of the Bands 2120
42.00
42.00
130110
0212612009
009608
GOLDEN VALLEY MUSIC
sttlmnt: By Popular Demand 1125
321.71
SOCIETY
sttlm nt: Classics at the Merc Feb '09
574.00
895.71
130111
02126/2009
011885
GRACIANO, RUDY
reimb: CDIAC trng 11120 Pasadena
158.03
158.03
130112
02126/2009
008444
GREAT OAK HIGH SCHOOL
Community Svc Funding Awrd 08109
1,000.00
1,000.00
130113
0226/2009
011049
HOSPICE OF THE VALLEY
Community Svc Funding Awrd 08109
2,500.00
2,500.00
130114
02126/2009
012765
KIRK, JASON
refund:adm cite:violation dismissed
60.00
60.00
130115
02126/2009
004412
LEANDER, KERRY D.
TCSD instructor earnings
885.50
TCSD instructor earnings
539.00
TCSD instructor earnings
269.50
TCSD instructor earnings
504.00
2,198.00
130116
02126/2009
000482
LEIGHTON CONSULTING INC
Dec geotech svcs:Old Town Parking
19,388.75
Dec geotech svcs: Old Town
418.50
19,807.25
130117
02126/2009
001256
MARRIOTT HOTEL
Htl:EnCase Forensics 3110-3113
506.80
506.80
130118
02126/2009
012580
MINUTEMAN PRESS
Business Cards: Thomas, John
44.95
44.95
130119
02126/2009
006077
NTH GENERATION COMPUTING Software maint/virtual desktop:I.S.
3,330.00
3,330.00
INC
130120
02126/2009
002925
NAPA AUTO PARTS
City vehicle parts & supplies: stn 84
112.52
City vehicle parts & supplies: stn 84
9.60
City vehicle parts & supplies: stn 84
76.39
198.51
130121
02126/2009
004898
NEIGHBORHOOD HEALTHCARE
FY 08109 Community Service Funding
1,000.00
1,000.00
130122
02/2612009
000233
NELSON, SHAWN
reimb: Feb internet services
44.99
44.99
130123
02126/2009
011679
OAK GROVE INSTITUTE
FY 08109 Community Service Funding
1,000.00
1,000.00
FOUNDATION
Page-.4
apChkLst Final Check List Page: 5
0212612009 1:27:00113M CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA
Check # Date Vendor
130124 02126/2009 003964 OFFICE DEPOT BUSINESS SVS
DIV
130125 02!2612009 002105 OLD TOWN TIRE & SERVICE
130126 02126/2009 009602 ORANGE COUNTY BUSINESS
JOURNAL
(Continued)
Description
Misc office supplies:childrens museum
Misc office supplies:childrens museum
Misc office supplies:childrens museum
Misc office supplies:childrens museum
City Vehicle Maint Svcs:PW Maint
City Vehicle Maint Svcs:PW Maint
City Vehicle Maint Svcs:PW Maint
City Vehicle Maint Svcs:Pw Land Dev
City Vehicle Maint Svcs:PW CIP
City Vehicle Maint Svcs:PW Maint
City Vehicle Maint Svcs:PW Maint
City Vehicle Maint Svcs:PW Maint
City Vehicle Maint Svcs: Police Cap
Amount Paid
7.75
14.44
11.63
36.04
75.00
737.30
36.27
142.80
79.57
215.31
79.37
92.87
117.67
Check Total
69.86
1,576.16
69.00
1 yr subscr: Econ Dev OC856925
130127
02126/2009
001171
ORIENTAL TRADING COMPANY
Misc rec supplies:children's museum
INC
Misc supplies:spring egg hunt
130128
02126/2009
000580
PHOTO WORKS OF TEMECULA
photo development:CRC pool
film:CRC pool
130129
0212612009
011660
PLANNET CONSULTING
Jan consulting srvcs: Civic Cntr
130130 02126/2009 010338 POOL & ELECTRICAL PRODUCTS pool supplies & chemicals: aquatics
INC
pool supplies & chemicals: aquatics
130131 02126/2009 012251 PORTRAIT PRODUCTIONS TCSD Instructor Earnings
130132 02126/2009 012366 PROJECT TOUCH FY 08109 Community Service Funding
130133 02126/2009 004627 PUBLIC SAFETY TECHNOLOGIES Equip repair:police radar trailer
INC
130134 02126/2009 004029 R J M DESIGN GROUP INC Jan dsgn:redhawk parks improvment
130135 02126/2009 000262 RANCHO CALIF WATER DISTRICT Various Water Meters:tcsd
Various Water Meters
Various Water Meters
Var Water Meters:rcwd conf#262456
Various Water Meters:PW
Various Water Meters: RDA
69.00
9.99
3,654.31
18.45
4.79
80.91
161.22
787.47
567.00
2,500.00
749.93
1,722.20
4,165.84
35.83
334.49
730.58
116.44
7.79
3,664.30
23.24
80.91
948.69
567.00
2,500.00
749.93
1,722.20
5,390.97
Pagea
apChkLst
Final Check List
Page: 6
0212612009
1:27:OOPM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
130136
02126/2009
000907
RANCHO TEMECULA CAR WASH
City vehicle detailing srvcs:Var.Depts.
105.00
105.00
130137
02/2612009
012726
RAYFORD, MEELYNDA
TCSD Instructor Earnings
192.50
192.50
130138
02126/2009
004584
REGENCY LIGHTING
electrical supplies: c. museum/crc
124.99
electrical supplies: library/c.musuem
70.60
electrical supplies: various parks
127.43
electrical supplies: mpsclfoc
177.79
electrical supplies:parks
28.45
credit:supplies returned/parks
-28.45
500.81
130139
02126/2009
002110
RENTAL SERVICE
equip rental: pw maint div
15.50
15.50
CORPORATION
130140
02126/2009
006483
RICHARDS, TYREOSHA I.
TCSD Instructor Earnings
500.50
TCSD Instructor Earnings
140.00
640.50
130141
02126/2009
000353
RIVERSIDE CO AUDITOR
Jan'09 parking citation assessments
13,622.50
13,622.50
130142
02126/2009
000268
RIVERSIDE CO HABITAT
Jan'09 K-Rat payment
2,255.00
2,255.00
130143
02126/2009
000815
ROWLEY, CATHY
TCSD Instructor Earnings
283.50
TCSD Instructor Earnings
346.50
TCSD Instructor Earnings
252.00
882.00
130144
02126/2009
012757
ROWLEY, KELLEY ROSE
TCSD Instructor Earnings
425.60
TCSD Instructor Earnings
212.80
638.40
130145
02126/2009
002226
RUSSO, MARYANNE
TCSD Instructor Earnings
1,232.00
TCSD Instructor Earnings
858.66
2,090.66
130146
02126/2009
012766
SALAS, ERNEST
refund:adm cite: overp aym ent
55.00
55.00
130147
02/26/2009
012760
SALYER, LANA
refund:pre-cotillion young ladies
98.00
98.00
130148
02126/2009
001919
SENIOR CITIZENS SERVICE
FY 08109 Community Service Funding
5,000.00
5,000.00
CENTER
130149
02126/2009
000645
SMART & FINAL INC
Misc supplies:theater
137.32
Misc supplies:teen pgrms
50.86
188.18
Page.6
apChkLst
Final Check List
Page: 7
0212612009
1:27:OOPM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
130150
02126/2009
000537
SO CALIF EDISON
2-28-397-1315 Redhawk Pkwy
16.95
Jan 2-30-099-3847:S-6
82.53
Jan 2-30-296-9522:31035 ranch vista
1,090.44
2-27-560-0625 Deerhollow Way
3,110.61
2-00-397-5059 various mtrs
7,290.49
2-28-331-4847 Pauba Rd
126.55
2-29-974-7568 Ynez Rd TC-1
120.19
11,837.76
130151
02126/2009
001212
SO CALIF GAS COMPANY
meter connection fee:TCC Expansion
772.83
772.83
130152
02126/2009
001212
SO CALIF GAS COMPANY
Jan 015-575-0195-2:FS#94
356.76
Jan 055-475-6169-5:pbsp
97.66
454.42
130153
02126/2009
000282
SO CALIF MUNICIPAL ATHLETIC
Publications:softball rulebooks
846.50
846.50
130154
02126/2009
002503
SOUTH COAST AIR QUALITY
P53300 fuel dispensing fees:Stn 84
500.00
500.00
130155
02126/2009
000519
SOUTH COUNTY PEST CONTROL
pest control services:fire station 92
42.00
INC
pest control srvcs:rancho vista vlg
84.00
126.00
130156
0212612009
012753
STARWOOD WASSERMAN
refund:depositlregional ctr specific
6,706.19
6,706.19
130157
02126/2009
009811
SUNNY HILLS TOWING LOWBED
vehicle towing srvcs: Tem. Police
270.00
270.00
SRVC
130158
0212612009
004972
T E A M COMMUNITY PANTRY
FY 08109 Community Service Funding
5,000.00
5,000.00
130159
02126/2009
008292
TEMECULA DIESEL AUTO &
City veh repair & maint:PW Maint
538.30
TRUCK
City veh repair & maint:PW Maint
931.47
City veh repair & maint:PW Maint
532.41
2,002.18
130160
02126/2009
010848
TEMECULA PLANTSCAPE
Feb plantscape srvcs:library
400.00
400.00
130161
02126/2009
011736
TEMECULA TROPHY INC
Recognition awards:P. Van Swanguen
1,073.19
1,073.19
130162
02126/2009
011664
TEMECULA UNITED METHODIST
FY 08109 Community Service Funding
1,000.00
1,000.00
CHRC
130163
02126/2009
000515
TEMECULA VALLEY CHAMBER
3rd qtr agrmnt pmt:econ dev
37,850.00
37,850.00
OF
130164
02126/2009
010276
TW TELECOM
Feb high speed intemet:FS#92
117.12
Feb high speed internet:mpsc
44.95
162.07
Page:?
apChkLst
Final Check List
Page: 8
0212612009
1:27:OOPM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
130165
02126/2009
002702
U S POSTAL SERVICE
Postage meter deposit
5,408.11
5,408.11
130166
02126/2009
008517
UNITED SITE SERVICES OF
1129-2125 Fence Rental:Main St Bridge
26.40
26.40
CA,INC
130167
02126/2009
012761
UNIVERSITY OF CALIF,
refund:rmrental:library
216.00
216.00
RIVERSIDE
130168
02(2612009
004261
VERIZON
xxx-8573 general usage
33.73
xxx-4723 Police Storefront
34.81
xxx-3526 fire alarm
104.41
xxx-2676 general usage
34.80
xxx-5696 Sports Complex
34.80
xxx-2016 reverse 911
120.33
xxx-5706 Field OPS Cntr
174.09
Feb xxx-2075 general usage
31.79
xxx-5275 PD DSL
34.81
xxx-6084 general usage
32.84
xxx-0074 general usage
291.07
xxx-0714 PD Mall Alarm
35.64
xxx-3564 alarm
67.48
xxx-0073 general usage
255.81
xxx-5473 Moraga Rd
33.73
xxx-3143 PD Overland Office
40.85
xxx-5072 general usage
3,871.59
5,232.58
130169
02126/2009
012015
VERIZON BUSINESS FIOS
Feb internet svc:EOC b/u Library
439.95
439.95
130170
02126/2009
004789
VERIZON ONLINE
Internet svc:Tem PD DSL
42.99
42.99
130171
02126/2009
004848
VERIZON SELECT SERVICES INC
Feb long distance phone svcs
712.29
712.29
130172
02(2612009
003487
VETERANS OF FOREIGN WARS
FY 08109 Community Service Funding
1,000.00
1,000.00
4089
130173
0212612009
012754
WASSERMAN CONSTRUCTION
refund:depositlregional ctr specific
6,706.19
6,706.19
COMPANY
130174
02126/2009
003730
WEST COAST ARBORISTS INC
Tree removal srvcs:vintage hills/wnchr
316.00
316.00
130175
02126/2009
000621
WESTERN RIVERSIDE COUNCIL
Jan'09 TUMF Payment
84,648.00
84,648.00
OF
Page:B
apChkLst
Final Check List
Page: 9
0212612009
1:27:OOPM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date Vendor
Description
Amount Paid
Check Total
130176
02126/2009 008402 WESTERN RIVERSIDE COUNTY
Jan'09 MSHCP payment
37,387.77
37,387.77
130177
0212612009 003776 ZOLL MEDICAL CORPORATION
Misc medical supplies: paramedics
930.78
930.78
Grand total for UNION BANK OF CALIFORNIA:
3,108,898.07
Page9
apChkLst
0212612009 1:27:OOPM
101 checks in this report.
FUNDS:
001 GENERAL FUND
165 RDA LOW/MOD -20% SETASIDE
190 TEMECULA COMMUNITY SERVICES DISTRICT
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE
197 TEMECULA LIBRARY FUND
210 CAPITAL IMPROVEMENT PROJECTS FUND
280 REDEVELOPMENTAGENCY-CIPPROJECT
300 INSURANCE FUND
320 INFORMATION SYSTEMS
340 FACILITIES
472 CFD 01 -2 H ARVESTO N A&B DEBTSERVICE
473 CFD 03-1 CROWNE HILL DE BT SERVICE FU ND
474 AD03-4 JOHN WARNER ROAD DE BT SERVICE
475 CFD03-3 WOLF CREEK DEBT SERVICE FUND
476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
477 CFD- RORIPAUGH
0212612009 TOTAL CHECK RUN:
Final Check List Page: 10
CITY OF TEMECULA
Grand Total All Checks:
3,108,898.07
247,092.95
95.00
96,716.71
72,532.78
1,846.25
130,213.21
27.48
1,872.70
11,207.92
1,602.89
446, 930.28
436,121.98
46, 777.69
936,683.12
144,712.46
534,455.65
3,108,898.07
Page:10
apChkLst
03/0512009
2:21:51 PM
Final Check List
CITY OF TEMECULA
Page: 1
Bank :
union UNION BANK OF CALIFORNIA
Check #
Date
Vendor
Description
Amount Paid
Check Total
1214
03105/2009
000283
INSTATAX(IRS)
Federal Income Taxes Payment
86,209.19
86,209.19
1215
03105/2009
000444
INSTATAX (EDD)
State Disability Ins Payment
22,571.89
22,571.89
1216
03105/2009
000245
PERS - HEALTH INSUR PREMIUM
PERS Health Admin Cost Payment
86,780.98
Blue Shield HMO Payment
0.00
86,780.98
1217
03105/2009
000642
TEMECULA CITY FLEXIBLE
Child Care Reimbursement Payment
0.00
Child Care Reimbursement Payment
9,933.92
9,933.92
1218
03105/2009
000246
PERS (EMPLOYEES'
PERS ER Paid Member Contr Payment
126,156.33
126,156.33
RETIREMENT)
1219
03105/2009
001065
NATIONWIDE RETIREMENT
Nationwide Retirement Payment
21,866.74
21,866.74
SOLUTION
1220
03105/2009
000389
NATIONWIDE RETIREMENT
OBRA- Project Retirement Payment
2,307.62
2,307.62
SOLUTION
1221
03105/2009
005460
U S BANK
spy #1 cfd property tax payment
425,014.89
425,014.89
130178
03105/2009
003552
A F L A C
AFLAC Cancer Payment
3,291.88
3,291.88
130179
03105/2009
001700
A PLUS TEACHING MATERIALS
recreation supplies: Tiny Tot pgrm
53.51
53.51
130180
03105/2009
012752
ABBOTT, ALBERT
refund:candidate statement fee
719.48
719.48
130181
03105/2009
012245
ALEGRIA, GLENDA FAY
Support Payment
1,091.00
1,091.00
130182
03105/2009
003951
ALL AMERICAN ASPHALT
Jan Contt Svcs:Pechanga Pkwy II
560,278.69
560,278.69
130183
03105/2009
006915
ALLIE'S PARTY EQUIPMENT
misc rental: FatherlDaughter Dt Ngt
59.71
equip rental: Old Town event
292.22
351.93
130184
0310512009
004240
AMERICAN FORENSIC NURSES
DUI & drug screenings: Police
450.00
DUI & drug screenings: Police
360.00
DUI & drug screenings: Police
450.00
DUI & drug screenings: Police
1,200.00
DUI & drug screenings: Police
414.00
2,874.00
130185
03105/2009
002187
ANIMAL FRIENDS OF THE
Jan animal control services
13,000.00
13,000.00
VALLEYS
Page:1
apChkLst
03/0512009
2:21:51 PM
Final Check List
CITY OF TEMECULA
Page: 2
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
130186
03105/2009
001445
ASSISTANCE LEAGUE OF
Community Svc Funding FY 08109
2,500.00
2,500.00
TEMECULA
130187
03105/2009
002648
AUTO CLUB OF SOUTHERN
Membership: 34054446 PL
47.00
CALIF
Membership: 80925362 ML
47.00
94.00
130188
03105/2009
012774
BALO, BETTY
refund:rm rental:mpsc
63.00
63.00
130189
03105/2009
002541
BECKER CONSTRUCTION SRVS
guardrail repair:Butterfield Stage
2,115.00
2,115.00
INC
130190
03105/2009
010528
BEDOY ENTERPRISES
vehicle repair/maint: Stn 12
546.29
546.29
130191
03105/2009
004040
BIG FOOT GRAPHICS
TCSD instructor earnings
120.00
TCSD instructor earnings
240.00
recycling promo item s:250 tote bags
762.50
1,122.50
130192
03105/2009
012583
BLANCA Y PRICE & COMPANY
Feb Lndscp Plan Ck Svcs: Planning
2,420.00
credit: billing adj inv 005 Feb svcs
-720.00
1,700.00
130193
03105/2009
012230
BRAKE CHAMBER TOOLS
vehicle weigh station: Police
49.95
49.95
130194
03105/2009
012777
BRIAD CONSTRUCTION SVCS.,
refund:major mod proj closed out
1,230.50
1,230.50
LLC
130195
03105/2009
006908
C C & COMPANY INC
entertainment:special games 3113
375.00
375.00
130196
03105/2009
003138
CAL MAT
PW patch truck materials
783.35
PW patch truck materials
773.00
PW patch truck materials
481.43
PW patch truck materials
1,195.59
PW patch truck materials
687.66
PW patch truck materials
542.20
4,463.23
130197
03105/2009
003769
CAL OLYMPIC GLOVE & SAFETY
equipment repair: Stn 84
85.00
85.00
CO
130198
03105/2009
011383
CAL STATE SAN MARCOS
CSUSM Tenant Improvement #08008
115,000.00
115,000.00
130199
03105/2009
000924
CALIF ASSOC OF PUBLIC
CAPPO mbrshp 3/09-2110: RC
130.00
130.00
130200
03105/2009
005384
CALIF BAGEL BAKERY& DELI
refreshments: Fire Dept Batt Mtg
304.39
304.39
Paget
apChkLst
Final Check List
Page: 3
03/0512009
2:21:5
1 PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
130201
03105/2009
010349
CALIF DEPT OF CHILD SUPPORT
Support Payment
25.00
25.00
130202
03/0512009
004248
CALIF DEPT OF JUSTICE-
Jan Indscp plan ck svcs: Planning
1,260.00
1,260.00
ACCTING
130203
03105/2009
012769
CALIFORNIA MOUNTED
Protocol Class 3128 Pomona:PD
255.00
255.00
OFFICERS
130204
03105/2009
007146
CALIFORNIA SENSOR CORP
offsite repair svcs: park gauges
64.65
64.65
130205
03105/2009
004228
CAMERON WELDING SUPPLY
Helium tank refill: TCC
80.36
80.36
130206
03105/2009
004971
CANON FINANCIAL SERVICES,
Mar copier lease: Stn 84
182.55
INC
Feb copier leases: City Facilities
4,744.84
4,927.39
130207
03105/2009
010746
CENTEX HOMES INLAND EMPIRE
refund:eng grad dep:TM23065-3
995.00
995.00
130208
03105/2009
000137
CHEVRON AND TEXACO
City vehicles fuel: CM
141.36
141.36
130209
03105/2009
004609
CINTAS DOCUMENT
Feb doc shred svcs: Police/CC
87.50
MANAGEMENT
Jan doc shred svcs: Police/CC
122.50
210.00
130210
03105/2009
005417
CINTAS FIRST AID & SAFETY
first aid kit supplies: City Hall
131.63
First aid supplies: PW Maint
438.23
569.86
130211
03105/2009
008594
COMMUNITY BANK
retention w/h: All American Asphalt
62,253.19
62,253.19
130212
03105/2009
004405
COMMUNITY HEALTH CHARITIES
Community Health Charities Payment
116.00
116.00
130213
03105/2009
010654
COMMUNITY VETERINARY
Veterinary Svcs: Casper Police K-9
30.00
30.00
HOSPITAL
130214
03105/2009
000442
COMPUTER ALERT SYSTEMS
alarm battery: Children's Museum
312.05
312.05
130215
03105/2009
006303
CONDUIT NETWORKS, INC
Computer memory: Info Sys
1,099.05
cnslt svcs: ShoreTel phones
9,720.00
10,819.05
130216
0310512009
001264
COSTCO WHOLESALE
supplies: Father/Daughter Dt Ngt
287.43
misc hospitality supplies: Theater
241.59
529.02
130217
03105/2009
001264
COSTCO WHOLESALE
08/09 mb: City 000111667050820
140.00
140.00
Page3
apChkLst
Final Check List
Page: 4
03/0512009
2:21:5
1 PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
130218
03105/2009
002631
COUNTS UNLIMITED INC
traffic count svcs: PW Traffic
385.00
385.00
130219
03105/2009
010650
CRAFTSMEN PLUMBING & HVAC
plumbing svcs:Paloma del Sol park
150.00
INC
plumbing svcs: MPSC
1,820.00
plumbing svcs: MPSC
149.00
2,119.00
130220
03105/2009
008810
CROSSTOWN ELECTRICAL &
equip repair/maint: PW Traffic
9,518.82
9,518.82
DATA
130221
03105/2009
010785
D.R. HORTON, INC.
refund:eng grad dep:TM31946
995.00
refund:eng grad dep:TM31946
995.00
1,990.00
130222
03105/2009
001393
DATA TICKET INC
Jan parking citation svcs: Police
3,270.87
3,270.87
130223
03105/2009
011027
DEL RIO ENTERPRISE INC.
sidewalk removal:Tem Middle School
5,535.00
Grading & Curb Svcs: RRSP
8,291.00
13,826.00
130224
0310512009
003945
DIAMOND ENVIRONMENTAL
Feb portable toilets:Lng Cyn Pk
55.78
SRVCS
Feb portable toilets: Riverton Pk
55.78
Feb portable toil ets:Veterans Pk
55.78
Feb portable toilets:Vail Rnch Pk
55.78
Feb portable toilets:Redhawk Pk
55.78
278.90
130225
03105/2009
010097
DREAM PAINTING
Res Imp Pgrm:Montano,Cayetano
3,100.00
3,100.00
130226
03105/2009
009565
EMPTY CRADLE
Community Svc Funding FY 08109
1,000.00
1,000.00
130227
03105/2009
011203
ENVIRONMENTAL CLEANING
Feb Janitorial Svcs: Park Restrooms
5,127.00
5,127.00
130228
03105/2009
001056
EXCEL LANDSCAPE
mainline repairs: Vail Ranch Pkwy
202.67
mainline repairs: The Villages
207.81
mainline repairs: Rancho Highlands
349.45
mainline repairs: Vail Ranch Pkwy
203.82
irrigation repairs: Harveston
89.28
mainline repairs: Vail Ranch Pkwy
142.42
mainline repairs: Wolf Creek
104.11
mainline repairs: Vail Ranch Pkwy
284.12
1,583.68
130229
03105/2009
000478
FAST SIGNS
5th St sign replacement: RDA
231.66
231.66
130230
03105/2009
012773
FERGUSON, LAMONT
refund: security deposit Theater
500.00
500.00
130231
03105/2009
011922
FIRST AMERICAN CORELOGIC
Feb database subscrip: B&S
30.00
30.00
INC
Page-.4
apChkLst
03/0512009
2:21:51 PM
Final Check List
CITY OF TEMECULA
Page: 5
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
130232
03105/2009
000166
FIRST AMERICAN TITLE
lot book rpt:29826 Via Puesta
75.00
75.00
COMPANY
130233
0310512009
003347
FIRST BANKCARD CENTER
PAYPAL
GR Payflow Pro Transaction
59.95
C S M F O
GR 08109 CSMFO mbrshp:Roberts, G
110.00
C S M F O
GR 08109 CSMFO mbrshp:Graciano, R
110.00
C S M F O
GR 08109 CSMFO mbrshp:Brown, P
110.00
MARIE CALLENDER
GY refreshm ents:Union Mtg 2111
41.16
43111
RESTAURANT 25
130234
03105/2009
010493
FOREST CITY COMMERCIAL
Mar lease pmt: PD mall storefront
1,458.33
1,458.33
MGMT
130235
03105/2009
004074
FRANCHISE MGMT SERVICES
equip rental: MPSC anniv event
126.32
126.32
INC
130236
03105/2009
007866
G C S SUPPLIES INC
toner cartridges: Info Sys
457.96
toner cartridges: Info Sys
1,940.58
toner cartridges: Info Sys
748.39
toner cartridges: Info Sys
150.85
3,297.78
130237
03105/2009
010326
G E MOBILE WATER, INC
Feb rent osmosis washer:Stn 73
25.86
25.86
130238
03105/2009
001937
GALLS INC
Motor Uniforms: Police
1,040.02
Motor Uniforms: Police
442.27
1,482.29
130239
03105/2009
000177
GLENN IES OFFICE PRODUCTS
Office Supplies: Stn 731Prev
927.79
INC
Office Supplies:Stn 73112/84/Prev
1,214.16
2,141.95
130240
03105/2009
012775
GONZALEZ, REBECCA
refund:sec dep:crc rental
150.00
150.00
130241
03105/2009
008081
HALL & FOREMAN INC
Jan cnslt svcs:add'I library parking
2,200.00
Jan eng svcs:Santa Gertrudis Creek
14,688.50
Nov Dec cnslt:add'I Library parking
6,603.25
23,491.75
130242
03105/2009
000186
HANKS HARDWARE INC
Hardware supplies: Library
30.16
30.16
130243
03105/2009
001135
HEALTH POINTE MEDICAL
Employee Physicals: HR
323.51
323.51
GROUP INC
130244
03105/2009
004811
HEWLETT PACKARD
notebook computers: Info Sys
3,949.86
3,949.86
130245
0310512009
000963
HOGAN, DAVID
Retirement Medical Payment
699.00
699.00
Pagea
apChkLst
Final Check List
Page: 6
03/0512009
2:21:5
1 PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
130246
03105/2009
011342
1 A C ENGINEERING INC.
Jan Const:Murr Crk Multi Purp Trail
65,172.54
65,172.54
130247
03105/2009
000194
1 C M A RETIREMENT-PLAN
I C M A Retirement Trust 457 Payment
9,428.02
9,428.02
303355
130248
03105/2009
004406
IGOE & COMPANY INC
Feb flex benefit plan pmt
426.00
426.00
130249
03105/2009
006914
INNOVATIVE DOCUMENT
Jan copiermaintlrepair: Citywide
4,071.83
SOLUTIONS
Jan copier maint/repair: Library
816.90
4,888.73
130250
03105/2009
009393
J M DIAZ INC
Jan eng svcs:Temecula Pkwy Striping
14,497.40
14,497.40
130251
03105/2009
012285
JOHNSTONE SUPPLY
fan repair: Stn 73
112.85
112.85
130252
03105/2009
004481
KIMLEY HORN & ASSOCIATES
Jan Design Svc:Santiago Det Basin
256.73
256.73
INC
130253
03105/2009
001282
KNORR SYSTEMS INC
pool maint supplies: Aquatics
2,266.51
2,266.51
130254
03105/2009
000209
L & M FERTILIZER INC
equipment repair: Stn 12
98.11
misc supplies: PW Maint
523.45
621.56
130255
0310512009
002863
LAWSON PRODUCTS INC
misc supplies: PW Maint
299.41
299.41
130256
03105/2009
000482
LEIGHTON CONSULTING INC
Jan geotech svcs:add'I library pkng
6,076.00
Jan geotech srvcs: Old Town
3,110.00
9,186.00
130257
03105/2009
012778
LEINART, DEBORAH L.
refund:CUP proj closed out
769.50
769.50
130258
03105/2009
003726
LIFE ASSIST INC
Misc Medical Supplies: Paramedics
744.16
Misc Medical Supplies: Paramedics
676.94
1,421.10
130259
03105/2009
004174
LIGHT IMPRESSIONS
misc exhibition supplies: TV Museum
289.95
289.95
130260
03105/2009
012784
M & M INVESTMENTS
refund:eng grad dep:PM28657-1
995.00
995.00
130261
03105/2009
003782
MAIN STREET SIGNS
misc street signs: PW Maint
2,351.75
2,351.75
130262
03105/2009
003076
MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment
8,502.84
8,502.84
Page6
apChkLst
Final Check List
Page: 7
03/0512009
2:21:5
1 PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
130263
03105/2009
012580
MINUTEMAN PRESS
business card s:Washi n gton, C
116.96
116.96
130264
03105/2009
004490
MUSCO SPORTS LIGHTING INC
sports field re-lamping: Parks
34,193.06
34,193.06
130265
03105/2009
001986
MUZAK-SOUTHERN CALIFORNIA
Mar on hold music: telephone sys
98.18
98.18
130266
03105/2009
004508
NAGGAR, MICHAEL S.
refund:candidate statement fees
715.57
715.57
130267
03105/2009
002925
NAPA AUTO PARTS
City veh. parts & supplies: Fire Prev
166.06
credit:battery core deposit/Fire Prev
-12.93
153.13
130268
03105/2009
004512
NINYO & MOORE
Citywide Slurry Seal Project:PW
1,934.00
1,934.00
130269
03105/2009
002139
NORTH COUNTY TIMES
Jan Recruitment Ads: Human Resources
304.50
304.50
130270
03105/2009
006140
NORTH JEFFERSON BUSINESS
Apr-Jun assn dues xx17:F.V.lntrchng
415.13
PARK
Apr-Jun assn dues xx20:F.V.lntrchng
564.02
979.15
130271
03105/2009
011679
OAK GROVE INSTITUTE
refund:sec.depositrrem. Live '09
500.00
500.00
FOUNDATION
130272
03105/2009
003964
OFFICE DEPOT BUSINESS SVS
Misc office supplies:central srvcs
143.93
DIV
Misc office supplies:childrens museum
13.49
157.42
130273
03105/2009
002105
OLD TOWN TIRE & SERVICE
City Vehicle Maint Svcs:Code Enf
90.35
City Vehicle Maint Svcs:B&S
594.80
City Vehicle Maint Svcs:Code Enf
51.27
City Vehicle Maint Svcs:TCSD
2,363.42
City Vehicle Maint Svcs:PW CIP
101.16
3,201.00
130274
03105/2009
012100
OUR NICHOLAS FOUNDATION
fy 08109 community service funding
1,000.00
1,000.00
130275
03105/2009
012688
PD RNB ENTERPRISE INC
Res Imprv Prgm:D'Ambrosio, Angela
3,000.00
3,000.00
130276
03105/2009
001958
PERS LONG TERM CARE
PERS Long Term Care Payment
377.54
377.54
PROGRAM
130277
03105/2009
012782
FETCH, SUSAN K.
TCSD Instructor Earnings
120.00
120.00
130278
03/05/2009
007484
PHILIPS MEDICAL SYSTEMS INC
CPR materials: Fire
511.27
511.27
Page:?
apChkLst
Final Check List
Page: 8
03/0512009
2:21:5
1 PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
130279
03105/2009
001999
PITNEY BOWES
Apr-Jun postage mtr rental:Cntrl Srvcs
269.11
269.11
130280
03105/2009
012251
PORTRAIT PRODUCTIONS
TCSD Instructor Earnings
63.00
63.00
130281
03105/2009
005820
PRE-PAID LEGAL SERVICES INC
PrePaid Legal Services Payment
450.40
450.40
130282
03105/2009
012355
PVM LATH & PLASTER
Res Imprv Prgm: Fitzgerald, Tom
500.00
500.00
130283
03105/2009
002012
R D O EQUIPMENT COMPANY
City veh repair & maint:PW backhoe
982.55
982.55
130284
03105/2009
000262
RANCHO CALIF WATER DISTRIC
T Aug 01-04-10033-2 Margarita Rd
53.40
Jan 01-02-98000-0 Fire Stn 84
13.69
Jan 01-02-98010-0 Fire Stn 84
149.13
Various Water Meters:TCSD
7,349.05
7,565.27
130285
03105/2009
009725
RAZAVI, MANDIS
TCSD Instructor Earnings
554.40
554.40
130286
03105/2009
000271
RBF CONSULTING
Dec Ldscp Dsgn:Sr79 Corridor
531.20
531.20
130287
03105/2009
004584
REGENCY LIGHTING
Misc electrical supplies:theater
42.61
42.61
130288
03105/2009
003591
RENES COMMERCIAL
Citywide weed control:PW Maint
7,750.00
7,750.00
MANAGEMENT
130289
03105/2009
012148
RICHARDSON TECHNOLOGIES
HVAC repair & maint:foc
261.00
261.00
INC
130290
03105/2009
001592
RIVERSIDE CO INFO
Jan radio rental & maint:police dept
1,556.82
1,556.82
TECHNOLOGY
130291
03105/2009
000406
RIVERSIDE CO SHERIFFS DEPT
1 21410 8-1 2131 10 8:law enforcement
1,386,626.93
Jan '09 booking fees
1,465.20
1,388,092.13
130292
03105/2009
008818
ROTARY CLUB OF TEMECULA
Sec.DepositlRotary Music Contest 2118
171.00
171.00
130293
03105/2009
012757
ROWLEY, KELLEY ROSE
TCSD Instructor Earnings
240.00
240.00
130294
03105/2009
002226
RUSSO, MARY ANNE
TCSD Instructor Earnings
700.00
700.00
130295
03105/2009
007582
SAFEGUARD DENTAL & VISION
SafeGuard Vision Plan Payment
1,095.58
1,095.58
Page:B
apChkLst
Final Check List
03/0512009
2:21:5
1 PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
130296
03105/2009
006815
SAN DIEGO, COUNTY OF
Support Payment
130297
03105/2009
009980
SANBORN, GWYN
Country @ the Merc 2121109
130298
03105/2009
012776
SCHOLARSHIP AMERICA, INC
FY 08109 Community Srvc Fundingftvhs
130299
03105/2009
012776
SCHOLARSHIP AMERICA, INC
FY 08/09 Community Srvc Funding/gohs
130300
03105/2009
012776
SCHOLARSHIP AMERICA, INC
FY 08/09 Community Srvc Funding/chs
130301
03105/2009
008529
SHERIFF'S CIVIL DIV - CENTRAL
Support Payment
130302 03105/2009 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment
130303 03/0512009 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment
130304 03105/2009 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment
130305 03105/2009 008529 SHERIFFS CIVIL DIV -CENTRAL Support Payment
130306
03105/2009
009213
SHERRY BERRY MUSIC
130307
03105/2009
000537
SO CALIF EDISON
Jazz @ the Merc 2119109
2-27-371-8494 Offsite Storage
Feb 2-31-031-2616 27991 Diaz ped
Feb 2-31-282-0665 27407 Diaz Ped
2-29-807-1382 Irrigation Meter
2-21-981-4720:30153 Tem Pkwy TTP
2-14-204-1615 Front St Rdio
2-18-937-3152 T.Museum
2-19-171-8568 Wedding Chpl
2-02-351-4946 MPSC
2-29-657-2787 Winchester Rd
2-28-904-7706 Overland Trail
2-20-817-9929 Police O.T. Stn
2-29-933-3831 FOC
2-29-807-1093 Irrigation Diaz Rd
2-29-807-1226 Diaz Rd Irrigation
Amount Paid
12.50
427.50
1,000.00
1,000.00
1,000.00
409.47
367.63
200.00
100.00
100.00
403.50
26.57
18.35
18.96
18.08
43.26
26.51
453.79
72.14
725.85
18.08
180.33
236.73
1,704.95
19.11
17.79
Page: 9
Check Total
12.50
427.50
1,000.00
1,000.00
1,000.00
409.47
367.63
200.00
100.00
100.00
403.50
3,580.50
Page9
apChkLst
03/0512009
2:21:51 PM
Final Check List
CITY OF TEMECULA
Page: 10
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
130308
03105/2009
001212
SO CALIF GAS COMPANY
Feb 101-525-1560-6:FS#73
465.75
Feb 095-167-7907-2:FS#84
345.24
026-671-2909-8 Community Theater
565.43
196-025-0344-3 C. Museum
136.44
181-383-8881-6 T. Museum
144.04
Sep 091-024-9300-5 CRC
267.11
021-725-0775-4 MPSC
325.96
101-525-0950-0 TCC
114.05
133-040-7373-0 Maint Fac
197.62
125-244-2108-3 Library
856.88
3,418.52
130309
03105/2009
012770
SPROCKET ENTERTAINMENT
West Coast Funnies prod. 2119109
264.51
264.51
130310
03105/2009
000293
STADIUM PIZZA INC
refresh ments:csd mtg 2111
45.51
45.51
130311
03105/2009
007762
STANDARD INSURANCE
Mandatory Life Insurance Payment
11,322.28
11,322.28
COMPANY
130312
03/05/2009
007762
STANDARD INSURANCE
Mandatory Life Insurance Payment
660.20
660.20
COMPANY
130313
03105/2009
012691
STATEWIDE SAFETY & SIGNS
traffic control supplies/equip: PW Maint
3,163.81
INC
traffic control supplies/equip: PW Maint
387.90
3,551.71
130314
03105/2009
010703
STEWART, JAMES
refund:candidate statement fees
719.33
719.33
130315
03105/2009
011803
STOWE, MICHAEL
refund:acct bal:rm rental:library
595.00
595.00
130316
03105/2009
009061
STURDIVANT, ANGELA P.
TCSD Instructor Earnings
136.50
136.50
130317
03105/2009
011667
T & T JANITORIAL INC
Feb cleaning srvcs:police storefront
790.00
Feb janitorial srvcs:City facilities
7,301.76
8,091.76
130318
03105/2009
003599
T Y LIN INTERNATIONAL
11129-12131 Srvcs:W.Bypass Bridge
24,939.49
24,939.49
130319
03105/2009
000305
TARGET BANK BUS CARD SRVCS Misc supplies:mpsc
116.82
Misc supplies:tiny tot pgrm
64.49
Misc supplies:theater
26.53
207.84
130320
0310512009
001547
TEAMSTERS LOCAL 911
Union Dues Payment
5,354.00
5,354.00
Page:10
apChkLst
Final Check List
Page: 11
03/0512009
2:21:5
1 PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
130321
03105/2009
011736
TEMECULA TROPHY INC
Recognition trophies:sports pgrm
121.22
recogn award:F/D Date Night
21.55
recogn award:S.Buckley
15.62
nameplate:P. Richardson
15.62
174.01
130322
03105/2009
000312
TEMECULA VALLEY PLAYHOUSE
Lend Me a Tenor prod. 215-15109
5,246.61
5,246.61
130323
03105/2009
007636
THERMO ENVIRONMENTAL
equipment repair: stn 73
270.08
270.08
130324
03105/2009
012548
TOLAR MANUFACTURING CO INC
Replace bus shelter: Marg s1o Solana
11,854.38
11,854.38
130325
03105/2009
004145
TW TELECOM
Feb City phones general usage
5,381.61
5,381.61
130326
03105/2009
002065
UNISOURGE
Paper Supplies:Central Services
4,997.11
4,997.11
130327
03105/2009
004981
UNISOURCE SCREENING &
211-15109 bckgrnd srvcs:hr
102.50
102.50
130328
03105/2009
000199
UNITED STATE TREASURY
Support Payment
250.00
250.00
130329
03105/2009
000325
UNITED WAY
United Way Charities Payment
36.00
36.00
130330
03105/2009
012783
USAA SUBROGATION
release claims agreement payment
933.84
933.84
130331
03105/2009
012781
VALLEY JUNIOR GOLF ASSN
TCSD Instructor Earnings
240.00
240.00
(VJGA)
130332
03105/2009
004261
VERIZON
xxx-9897 general usage
87.80
xxx-7786 C. Washington
40.29
128.09
130333
03105/2009
009921
WASHINGTON, CHUCK
refund:candidate statement fees
714.08
714.08
130334
03105/2009
001342
WAXIE SANITARY SUPPLY INC
Misc custodial supplies:Cityfacilities
1,274.71
1,274.71
130335
03105/2009
003730
WEST COAST ARBORISTS INC
211-15109 tree trimming srvcs:citywide
15,906.00
15,906.00
130336
03105/2009
007085
ZUNA, JOHN PAUL
Reimb:ICC Certification
70.00
70.00
Grand total for UNION BANK OF CALIFORNIA: 3,350,812.20
Page:11
apChkLst Final Check List Page: 12
03/05/2009 2:21:51 PM CITY OF TEMECULA
167 checks in this report.
Grand Total All Checks:
3,350,812.20
Page:12
ITEM NO. 4
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: March 24, 2009
SUBJECT: Award a Construction Contract and Reimbursement Agreements for Rancho
California Road Pavement Rehabilitation Project No. PW06-14
PREPARED BY: David McBride, Senior Engineer, CIP
RECOMMENDATION: That the City Council:
Award a construction contract for the Rancho California Road Pavement
Rehabilitation Project No. PW06-14 to All American Asphalt in the amount of
$3,666,004.25.
2. Authorize the City Manager to approve change orders not to exceed the contingency
amount of $366,600.43, which is equal to 10% of the contract amount.
3. Approve a Reimbursement Agreement in the amount of $22,508 with the Eastern
Municipal Water District (EMWD) for adjustment of various sewer facilities associated with the
Ranch California Road Pavement Rehabilitation Project No. PW06-14 and authorize the City
Manager to execute the Agreement on behalf of the City.
4. Approve a Reimbursement Agreement in the amount of $8,671.50 with the Rancho
California Water District (RCWD) for adjustment of various water facilities associated with the
Rancho California Road Pavement Rehabilitation Project No. PW06-14 and authorize the City
Manager to execute the Agreement on behalf of the City.
5. Make a finding that the Rancho California Road Pavement Rehabilitation project is
exempt from Multiple Habitat Conservation Plan (MSHCP) fees.
6. Approve a transfer of $1,601,162.29 from Citywide Pavement Rehabilitation Program
210-165-655-5804 to account 210-165-657 the Rancho California Road Pavement
Rehabilitation Project No. PW06-14.
BACKGROUND: On July 22, 2008, City Council authorized utilization of Citywide
Pavement Rehabilitation funding on this project to rehabilitate the entire stretch of Rancho California
Road, from Ynez Road to the eastern City limit, with the goal of realizing a cost savings on the larger
project through an economy of scale. The original project envisioned rehabilitating only the worst
sections of Rancho California Road easterly within the projects $3.12 million dollar budget. On
December 16, 2008, City Council approved the plans & specifications and authorized staff to solicit
construction bids.
The more specific project components involve: removal of the existing base and asphalt concrete
paving, installation of geogrid, construction of an asphalt concrete base course and rubberized
asphalt concrete overlay, raising of various facilities to grade, construction of new and revisions to
existing concrete access ramps, traffic control and installation of traffic striping, pavement markers
and legends and miscellaneous appurtenant work.
On Thursday, January 29, 2009, the City received 9 bids. The bids were publicly opened and
read aloud. The results were as follows:
All American Asphalt
$ 3,666,004.25
R. J. Noble
$ 3,734,534.00
Sequel Contractors, Inc.
$ 3,776,637.00
Hardy & Harper, Inc.
$ 4,069,000.00
Hazard Construction Co.
$ 4,310,147.00
Palp Inc.
$ 4,474,999.41
Elite Bobcat
$ 4,645,337.00
Vance Corporation
$ 4,695,328.00
Granite Construction
$ 4,976,198.00
The Engineer's Estimate for the project was $5,140,102.00. The project specifications provides
for One Hundred Sixty (160) working days for the contract which is an approximate duration of 8
months.
Staff has reviewed the bid proposals and found All American Asphalt to be the lowest
responsible bidder. All American Asphalt has extensive public contracting experience and has
completed similar projects for the City and other agencies.
The proposed Reimbursement Agreements establish the EMWD and RCWD funding amounts the
City will receive for work undertaken by our Contractor on behalf of these Agencies and establishes
the terms for inspection, billing and various other construction and administrative tasks. The costs
for EMWD and RCWD, based on our bid prices, are $22,508.00 and $8,671.50, respectively.
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 Rancho California Road Pavement Rehabilitation project is exempt from these
fees because the rehabilitation project does not propose to widen the road outside of existing
rights of way nor does it change the roadways capacity.
FISCAL IMPACT: The Rancho California Road Rehabilitation Project PW06-14 is funded
by Measure A and State Transportation Program Funds (Federal) under account number 210-165-
657 and the Annual Citywide Pavement Rehabilitation Program is funded entirely with Measure A
funds under account number 210-165-655. To fully fund the project it is recommended to transfer
$1,601,162.29 in funds from the Citywide Pavement Rehabilitation account 210-165-655-5804 to the
Rancho California Pavement Rehabilitation account 210-165-657 as follows:
Transfer Detail
Account No.
FY 08/09
Less
Account
Citywide
Adjusted
210-165-657-
Appropriation
FY 08-09
Transfers
Transfer -
Appropriation
Actual
Pavement
Project
5801 Admin
$
$
$
$ 75,612.29
$
92,825.00
49,903.29
131,466.00
250,000.00
5802 Design
$
$
$
$ 0.00
$
28,035.27
25,119.27
2,916.00
0.00
5804 Const.
$
$
$
$1,489,000.00
$
2,546,000.00
0.00
0.00
4,035,000.00
5805 Const.
$
$
$
$ 36,550.00
$
Eng
43,450.00
0.00
0.00
80,000.00
5806 MSHCP
$
$
$
$ 0.00
$
128,550.00
0.00
(128,550)
0.00
Totals
$
$
$
$1,601,162.29
F$
2,838,860.27
75,022.56
0.00
4,365,000.00
Upon completion of the transfers outlined above adequate funds will be available for the
$4,032,604.68 request, which includes the $3,666,004.25 contract plus a contingency of
$366,600.43. The transfers also provide the necessary funding for a geotechnical and material
testing Agreement also on tonight's agenda.
The reimbursement agreements will provide for $22,508 and $8,671.50 in reimbursements to
the City for work undertaken on the behalf of EMWD and RCWD associated with the Rancho
California Pavement Rehabilitation Project PW06-14.
ATTACHMENTS:
Project Location
Project Description
Contract
EMWD Reimbursement Agreement
RCWD Reimbursement Agreement
PROJECT LOCATION
Project Title: PAVEMENT REHABILITATION - STPL PROJECT
roc aa~ c
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to 4 '
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PROJECT DESCRIPTION
Project Title:
PAVEMENT REHABILITATION - STPL PROJECT
PRIORITY: 1
Project Type:
Description:
Department:
Scope of Project:
Benefit:
Circulation
Using computer-assisted methodology, develop and implement cost-effective pavement maintenance treatments and strategies.
Public Works - Account No. 210.165.657
Project will include the environmental processing (federal clearance required), design, and rehabilitation of segments of Rancho
California Road that qualify for federal funding.
Project will improve the quality of City roadways.
Project Cost:
Actuals
Total Project
to Date
2008-09 2009-10 2010-11 2011-12 2012-13
Cost
Administration
$
68,769
$
139,231
$
208,000
Construction
$
2,571,000
$
2,571,000
Construction Engineering
$
43,450
$
43,450
Design
$
108,596
$
72,404
S
181,000
MSHCP
$
128,550
$
128,550
Totals
$
177,365
$
2,954,635 $ $ $ $
$
3,132,000
Source of Funds:
Measure A
$
177,365
$
234,635
$
412,000
STPL
$
2,720,000
$
2,720,000
Total Funding:
$
177,365
$
2,954,635 $ $ - $ $
$
3,132,000
Future O & M Cost: N/A
67
PROJECT LOCATION
Project Title: PAVEMENT REHABILITATION PROGRAM - CITYWIDE
62
PROJECT DESCRIPTION
Project Title:
Project Type:
Description:
Department:
Scope of Project:
PAVEMENT REHABILITATION PROGRAM- CITYWIDE
PRIORITY: 1
Benefit:
Circulation
Using computer-assisted methodology, develop and implement cost-effective pavement maintenance treatments and strategies.
Public Works - Account No. 210.165.655
Project will include the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major
streets.
Project will improve the quality of City roadways.
Project Cost: Actuals
Future
Total Project
to Date
2008-09
2009-10
2010-11
2011-12
2012-13 Years
Cost
Administration
$ 106,000
. $ 135,000
$ 135,000
$ 135,000
$ 135,000
$
646,000
Construction
$ 2,703,340
$ 2,600,000
$ 2,100,000
$ 2,100,000
$ 2,100,000
$
11,603,340
Construction Engineering
$ 53,500
$ 75,000
$ 75,000
$ 75,000
$ 75,000
$
353,500
Design
$ 51,660
$ 60,000
$ 60,000
$ 60,000
$ 60,000
$
291,660
MSHCP
$ 85,500
$ 130,000
$ 130,000
$ 130,000
$ 130,000
$
605,500
Totals $
$ 3,000,000
$ 3,000,000
$ 2,500,000
$ 2,500,000
$ 2,500,000 $
$
13,500,000
Source of Funds:
Measure A
$ 3,000,000
$ 3,000,000
$ 2,500,000
$ 2,500,000
$ 2,500,000
$
13,500,000
Total Funding: $ -
$ 3,000,000
$ 3,000,000
$ 2,500,000
$ 2,500,000
$ 2,500,000 $
$
13,500,000
Future O & M Cost: N/A
63
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW06-14
RANCHO CALIFORNIA ROAD PAVEMENT REHABILITATION
FEDERAL PROJECT NO. STPL 5459 (019)
THIS CONTRACT, made and entered into the 24th day of March, 2009, by and between the
City of Temecula, a municipal corporation, hereinafter referred to as "CITY', and All American
Asphalt, hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY 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-
14, RANCHO CALIFORNIA ROAD PAVEMENT REHABILITATION, Insurance Forms,
this Contract, and all modifications and amendments thereto, the State of California
Department of Transportation Standard Specifications (Latest Ed.) 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. PW06-14, RANCHO CALIFORNIA ROAD
PAVEMENT REHABILITATION. 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-
14, RANCHO CALIFORNIA ROAD PAVEMENT REHABILITATION.
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.
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. PW06-14, RANCHO CALIFORNIA ROAD PAVEMENT
REHABILITATION
All of said work to be performed and materials to be furnished shall be in strict accordance
with the Drawings and Specifications and the provisions of the Contract Documents
hereinabove enumerated and adopted by CITY.
CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed under the direction and supervision, and subject to
the approval of CITY or its authorized representatives.
CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR
agrees to accept, in full payment for, the work agreed to be done, the sum of: THREE
the total amount of the bid.
CONTRACTOR agrees to complete the work in a period not to exceed One Hundred and
Sixty (160) working days, commencing with delivery of a Notice to Proceed by CITY.
Construction shall not commence until bonds and insurance are approved by CITY.
CHANGE ORDERS. All change orders shall be approved by the City Council, except that
the City Manager is hereby authorized by the City Council to make, by written order,
changes or additions to the work in an amount not to exceed the contingency as
established by the City Council.
PAYMENTS
LUMP SUM BID SCHEDULE:
A. Before submittal of the first payment request, the CONTRACTOR shall submit to
the City Engineer a schedule of values allocated to the various portions of the
work, prepared in such form and supported by such data to substantiate its
accuracy as the City Engineer may require. This schedule, as approved by the
City Engineer, shall be used as the basis for reviewing the CONTRACTOR'S
payment requests.
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 CITY, the CONTRACTOR shall be
paid a sum equal to ninety percent (90%) of the value of the work completed
according to the bid schedule. Payment request forms shall be submitted on or
about the thirtieth (30th) day of each successive month as the work progresses.
The final payment, if unencumbered, or any part thereof unencumbered, shall be
made sixty (60) days after acceptance of final payment and the CONTRACTOR
filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms
provided by the CITY.
C. Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work for
which payment is demanded has been performed in accordance with the terms of
the Contract, and that the amount stated in the certificate is due under the terms of
the Contract. Partial payments on the Contract price shall not be considered as an
acceptance of any part of the work.
D. Interest shall be paid on all undisputed payment requests not paid within thirty (30)
days pursuant to Public Contracts Code Section 20104.50. Public Contract Code
Section 7107 is hereby incorporated by reference.
E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works
Construction and Section 9203 of the Public Contract Code. a reduction in the
retention may be requested by the Contractor for review and approval by the
Engineer if the progress of the construction has been satisfactory, and the project
is more than 50% complete. The Council hereby delegates its authority to reduce
the retention to the Engineer.
LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government
Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one
thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond
the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted
from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be
granted an extension of time and will not be assessed liquidated damages for
unforeseeable delays beyond the control of, and without the fault or negligence of, the
CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the
occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty
(30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written
documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to
provide such notice and documentation shall constitute CONTRACTOR'S waiver,
discharge, and release of such delay claims against CITY.
WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6
above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to
work related to the payment. Unless the CONTRACTOR has disputed the amount of the
payment, the acceptance by CONTRACTOR of each payment shall constitute a release of
all claims against the CITY related to the payment. CONTRACTOR shall be required to
execute an affidavit, release, and indemnity agreement with each claim for payment.
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.-qov.
The Federal minimum wage rates for this project as predetermined by the United States
Secretary of Labor are included in Exhibit "B" of the project specifications. Future
effective general prevailing wage rates which have been predetermined are on file with
the California Department of Industrial Relations and are referenced but not printed in the
general prevailing wage rates.
CONTRACTOR shall post a copy of such wage rates at the job site and if there is a
difference between the minimum wage rates predetermined by the Secretary of Labor and
the general prevailing wage rates determined by the Director of the California Department
of Industrial Relations for similar classifications of labor, CONTRACTOR shall pay not less
than the higher wage rate.
CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by him or by any subcontractor under him, in violation
of the provisions of the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract.
11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or
in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone.
CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, DISTRICT,
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 CITY.
The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any
and all costs incurred by the CITY as a result of Stop Notices filed against the project. The
CITY shall deduct such costs from Progress Payments or final payments due to the CITY.
12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or
representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing favorable
treatment with respect thereto.
13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee, or
any architect, engineer, or other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in its employ has been employed
by the CITY within one year of the date of the Notice Inviting Bids.
14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in an
affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
17. INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such manner
as to not unduly delay the work. The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work.
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. CONTRACT ASSURANCE. The CONTRACTOR or subcontractor shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this contract. The
CONTRACTOR shall carry out applicable requirements of 49 CFR, Part 26 in the award
and administration of DOT-assisted contracts. Failure by the CONTRACTOR to carry out
these requirements is a material breach of contract, which may result in the termination of
this contract or such remedy, as recipient deems appropriate.
20. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning
this Contract shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the City of Temecula. In the event of litigation between the
parties concerning this Contract, the prevailing party as determined by the Court, shall be
entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
21. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the
proceeds thereof during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no
board member, officer or employee of the City of Temecula has any interest, whether
contractual, non-contractual, financial or otherwise, in this transaction, or in the business
of the contracting party other than the City of Temecula, and that if any such interest
comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such interest
would not be considered a conflict of interest under Article 4 (commencing with Section
1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California.
22. 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.
23. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents,
and to the CITY addressed as follows:
Mailing Address:
Greg Butler
Director of Public Works
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Street Address:
Greg Butler
Director of Public Works
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed
on the date first above written.
DATED:
DATED:
ATTEST:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
CONTRACTOR
All American Asphalt
P.O. Box 2229
Corona, CA 92878
(951) 736-7600
By:
Mark Luer
Secretary
By:
Robert Bradley
Vice President
CITY OF TEMECULA
By:
Maryann Edwards, Mayor
Peter M. Thorson, City Attorney
REIMBURSEMENT AGREEMENT
BETWEEN
CITY OF TEMECULA
PROJECT NO. PW06-14
RANCHO CALIFORNIA ROAD PAVEMENT REHABILITATION
AND
EASTERN MUNICIPAL MATER DISTRICT
THIS AGREEMENT is made and entered into as of March 24, 2009, 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:
Section I. PURPOSE OF THE AGREEMENT. The purpose of this Agreement is to
establish reimbursement to CITY by EMWD for the cost of adjusting to grade certain sewer
improvements made necessary by the Pavement Rehabilitation of Rancho California Road,
Project No. PW06-14, hereinafter referred to as "PROJECT".
Section II. EMWD shall reimburse CITY for one hundred percent (100%) of the costs
(hereinafter referred to as "REIMBURSEMENT'), for adjusting to grade certain sewer improvements
within the PROJECT area that are affected bythe PROJECT. The costs for the REIMBURSEMENT
to CITY by EMWD shall include the following items as shown within the attached Bid Result
Spreadsheet:
A. Item Quanti Unit Cost Extended Amt
14. Adjust Sewer Manhole 68 $331.00 $22,508.00
Frame & cover to Grade
Total $22,508.00
Section III. Costs are based on construction bids received for the PROJECT under Bid
Item 14 (Adjust Sewer Manhole Frame and Cover to Grade) shown within the attached Base Bid
Result spreadsheet. CITY has evaluated and analyzed all bids received and selected the lowest
responsible bidderforthe PROJECT as All American Asphalt Company (hereinafter referred to as
"CONTRACTOR"). EMWD has reviewed the bids and approved CITY's selection of CITY's
CONTRACTOR prior to the commencement of the work on the PROJECT.
EMWD shall maintain as a contingency an amount equal to ten percent (10%) of the total estimated
costs of adjusting sewer manhole frame and cover to grade to account for unforeseen changes to
the work. The CITY shall obtain approval from EMWD prior to the approval of any change orders
associated with adjusting these utilities to grade, and authorizing the CONTRACTOR to proceed
unless failure to act immediately may affect public safety. The cost of any delay in the work due to
the delayed action of EMWD in approving change orders associated with adjusting utilities to grade
shall be borne by EMWD. EMWD shall respond to sewer facility change orders within fifteen (15)
business days.
CITY shall make payment to CONTRACTOR for work performed. Actual costs shall be identified
and billed to EMWD for payment on the following basis:
A. The CITY shall invoice EMWD upon completion of work for all EMWD facilities
completed and invoiced by the CONTRACTOR. EMWD shall remit payment to the City
within thirty (30) days of receipt of invoice.
C \Program Files\Neevia.ComDocument ConverterVemp1911310.doc
Section IV. It is acknowledged that EMWD has reviewed and approved all CITY plans and
specifications for adjusting existing manholes to grade and has approved the bid amount as
reasonable. Management and administration of the terms expressed herein shall be performed by
CITY for the PROJECT. CITY agrees to designate Mr. David McBride, Senior Engineer, Capital
Improvement Projects, as the contact for CITY in regards to this agreement. EMWD agrees to
designate Mr. Severino Mendoza, Senior Engineer, as a point of contact for EMWD to facilitate
the reimbursements identified herein.
Section V. INSPECTION EMWD shall provide and pay for inspection of all sewer facilities
related to the PROJECT, specifically Bid Item 14 -Adjust Sewer Manhole Frame and Cover to
Grade.
Section VI. CITY TO PROVIDE INSURANCE For the period during which City or its
contractor(s) controls the job site, City will provide, or cause to be provided, for the entire period of
construction of any of the Project, a policy of workers' compensation insurance and comprehensive
general liability insurance with coverage broad enough to include the contractual obligation it may
have under the construction contract and having a combined single limit of liability in the amount of
$2,000,000 covering EMWD's officers, employees and agents as additional insured.
Section VII. RECIPROCAL INDEMNIFICATION City shall assume the defense of,
indemnify and hold harmless EMWD and its respective officers, employees and agents, and each
and every one of them, from and against all actions, damages, claims, losses and expenses of
every type and description to which they may be subjected or put, by reason of, or resulting from, (i)
action of City pursuant to this Agreement and (ii) the construction of the Project. No provision of this
Agreement shall in any way limit the extent of the responsibility of City for payment of damages
resulting from its own operations or the operations of any of its contractors, agents or employees.
EMWD shall assume the defense of, indemnify and hold harmless City and its respective officers,
employees and agents, and each and every one of them, from and against all actions, damages,
claims, losses and expenses of every type and description to which they may be subjected or put, by
reason of, or resulting from, (i) action of EMWD pursuant to this Agreement; and (ii) work directly
related to Bid Item 14 - Adjust Sewer Manhole Frame and Cover to Grade for which EMWD is
responsible for performing inspections under Section V of this Agreement and excluding those (such
as worker safety issues) for which EMWD is not responsible under Section V of this Agreement. No
provision of this Agreement shall in any way limit the extent of the responsibility of EMWD for
payment of damages resulting from its own operations or the operations of its contractors, agents or
employees.
Section VIII. NOTICES All notices under this Agreement shall be sent as follows:
EMWD: Eastern Municipal Water District
P.O. Box 8300
Perris, CA 92572
Attn: Severino Mendoza, Senior Engineer
CITY: City of Temecula
P.O. Box 9033
Temecula. CA 92589-9033
Attn: David McBride, Senior Engineer
Either party may change its address for notices by notifying the other party. All notices given at the
most recent address specified shall be deemed to have been properly given.
C \Program Files\Neevia.ComDocument ConverterVemp1911310.doc
This Agreement is dated as of the date set forth above.
EASTERN MUNICIPAL WATER DISTRICT
By:
Anthony J. Pack, General Manager
ATTEST:
By:
Rosemarie V. Howell, Board Secretary
CITY OF TEMECULA
By:
By:
Shawn D. Nelson, City Manager
Peter M. Thorson, City Attorney
ATTEST:
Susan W. Jones, MMC, City Clerk
C \Program Files\Neevia.ComDocument ConverterVemp1911310.doc
REIMBURSEMENT AGREEMENT
BETWEEN
CITY OF TEMECULA
(PROJECT NO. PW06-14)
RANCHO CALIFORNIA ROAD PAVEMENT REHABILITATION
AND
RANCHO CALIFORNIA WATER DISTRICT
(PROJECT NO. D1503)
THIS AGREEMENT is made and entered into as of March 24, 2009 between the CITY OF
TEMECULA, a municipal corporation, hereinafter referred to as "CITY" and Rancho California Water
District, a public agency organized and existing pursuant to Division 20 of the California Water
Code, hereinafter referred to as "RCWD". In consideration of the mutual promises and covenants
contained herein, the parties hereto mutually agree as follows:
Section I. PURPOSE OF THE AGREEMENT. The purpose of this Agreement is to
establish reimbursement to CITY by RCWD for the cost of the relocation and installation of certain
water improvements made necessary by the Pavement Rehabilitation of Rancho California
Road, Project No. PW06-14, hereinafter referred to as "PROJECT".
Section II. RCWD shall reimburse CITY for one hundred percent (100°x6) of the costs
(hereinafter referred to as "REIMBURSEMENT"), for the relocation and installation of certain water
improvements within the PROJECT area that are affected by the PROJECT. The costs for the
REIMBURSEMENT to CITY by RCWD shall include the following items as shown within the
attached Bid Result Spreadsheet:
A. Item Quanti Unit Cost
15. Adjust Water 141 $61.50
Valve Cover to Grade
Total
Extended Bid Amounts
$8,671.50
$8,671.50
Section Ill. Costs are based on construction bids received for the PROJECT shown
within the attached Bid Result Spreadsheet as Bid Items 15 (Adjust Water Valve Cover to Grade).
CITY has evaluated and analyzed all bids received and selected the lowest responsible bidder for
the PROJECT as All American Asphalt Company (hereinafter referred to as "CONTRACTOR").
RCWD has reviewed the bids and approved CITY's selection of CITY's CONTRACTOR prior to the
commencement of the work on the PROJECT.
RCWD shall maintain as a contingency an amount equal to ten percent (10%) of the total estimated
costs of constructing the water facilities to account for unforeseen changes to the work. The CITY
shall obtain approval from RCWD prior to the approval of any change orders associated with the
relocation and installation of these facilities, and authorizing the contractorto proceed unless failure
to act immediately may affect public safety. The cost of any delay in the work due to the delayed
action of RCWD in approving change orders associated with the water facility construction shall be
borne by RCWD. RCWD shall respond to water facility change orders within three business days.
CITY shall make payment to CONTRACTOR for work performed. Actual costs shall be identified
and billed to RCWD for payment on the following basis:
A. The CITY shall invoice RCWD on a monthly basis for all RCWD facilities completed
by the CONTRACTOR. RCWD shall remit payment to the City within thirty (30) days of
receipt of invoice.
C Trogram Files\Neevia.ComtiDocument ConverterVemp\911311.doc
Section IV. It is acknowledged that RCWD has reviewed and approved all CITY plans
and specifications for the relocation and installation of the water facility improvements and has
approved the bid amount as reasonable. Management and administration of the terms expressed
herein shall be performed by CITY for the PROJECT. CITY agrees to designate David McBride,
Senior Engineer, as the contact for CITY in regards to this agreement. RCWD agrees to designate
Mr. Bud Jones, Associate Engineer, as a point of contact for RCWD to facilitate the
reimbursements identified herein.
Section V. INSPECTION RCWD shall provide and pay for inspection of all new and
relocated facilities specifically, Bid Items #15 (Adjust Water Valve Cover to Grade).
Section VI. NOTICES All notices under this Agreement shall be sent as follows:
RCWD: Rancho California Water District
42135 Winchester Road
Temecula. CA 92590
Attn: Andrew L. Webster, P.E., Acting District Engineer
CITY: City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Attn: David McBride, Senior Engineer
Either party may change its address for notices by notifying the other party. All notices given at the
most recent address specified shall be deemed to have been properly given.
C Trogram Files\Neevia.ComtiDocument ConverterVemp\911311.doc
This Agreement is dated as of the date set forth above.
District:
RANCHO CALIFORNIA WATER DISTRICT
By:
Andrew L. Webster, Acting District Engineer
By:
City:
CITY OF TEMECULA
By:
Shawn D. Nelson, City Manager
By:
Peter M. Thorson, City Attorney
ATTEST:
Susan W. Jones, MMC, City Clerk
C Trogram Files\Neevia.ComtiDocument ConverterVemp\911311.doc
ITEM NO. 5
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: March 24, 2009
SUBJECT: Geotechnical, Material Testing and Special Inspection Professional Service
Agreement for the Rancho California Road Rehabilitation Project, PW06-14
PREPARED BY: David McBride, Senior Engineer - CIP
RECOMMENDATION: That the City Council:
Approve an Agreement with LOR Geotechnical Group, Inc. to provide professional
geotechnical, material testing and special inspection services associated with the
Rancho California Road Rehabilitation Project PW06-14, Federal Project No. STPL
5459 (019) in the amount of $71,170.00.
2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the
contingency amount of $7,117.00, which is equal to 10% of the Agreement.
BACKGROUND: On March 24, 2009, the City Council will consider awarding a
construction contract for the Rancho California Road Rehabilitation project. The purpose of the
subject Professional Services Agreement is to provide the necessary geotechnical & material
testing, and special inspection for the scope of work included in the Pavement Rehabilitation
contract.
The Public Works Department requested proposals from firms with extensive experience in
geotechnical & material testing of similar projects. Seventeen (17) firms responded to the RFP.
Staff rated LOR Geotechnical Group, Inc. as the firm most qualified to provide the needed services;
they have extensive experience with similar projects and have completed similarwork forthe City in
the past. LOR will provide all the geotechnical & material testing and special inspection services
shown in Exhibit "A" of the attached agreement.
FISCAL IMPACT: The Rancho California Road Rehabilitation Project PW06-14 is funded
by Measure A and State Transportation Program Funds (Federal) under account number 210-165-
657 and the Annual Citywide Pavement Rehabilitation Program is funded entirely with Measure A
funds under account number 210-165-655. Adequate funds are available in these accounts to
complete the project. As part of the construction award staff report, recommendations will be
included to address the appropriate fund transfer to fully fund this contract.
ATTACHMENTS:
1. Rancho California Road Rehabilitation Project Location & Description (Pavement
Rehabilitation - STPL Project & Pavement Rehabilitation Program - Citywide)
2. Professional Service Agreement with LOR Geotechnical Group, Inc.
PROJECT LOCATION
Project Title: PAVEMENT REHABILITATION - STPL PROJECT
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PROJECT DESCRIPTION
Project Title:
PAVEMENT REHABILITATION - STPL PROJECT
PRIORITY: 1
Project Type:
Description:
Department:
Scope of Project:
Benefit:
Circulation
Using computer-assisted methodology, develop and implement cost-effective pavement maintenance treatments and strategies.
Public Works - Account No. 210.165.657
Project will include the environmental processing (federal clearance required), design, and rehabilitation of segments of Rancho
California Road that qualify for federal funding.
Project will improve the quality of City roadways.
Project Cost:
Actuals
Total Project
to Date
2008-09 2009-10 2010-11 2011-12 2012-13
Cost
Administration
$
68,769
$
139,231
$
208,000
Construction
$
2,571,000
$
2,571,000
Construction Engineering
$
43,450
$
43,450
Design
$
108,596
$
72,404
S
181,000
MSHCP
$
128,550
$
128,550
Totals
$
177,365
$
2,954,635 $ $ $ $
$
3,132,000
Source of Funds:
Measure A
$
177,365
$
234,635
$
412,000
STPL
$
2,720,000
$
2,720,000
Total Funding:
$
177,365
$
2,954,635 $ $ - $ $
$
3,132,000
Future O & M Cost: N/A
67
PROJECT LOCATION
Project Title: PAVEMENT REHABILITATION PROGRAM - CITYWIDE
62
PROJECT DESCRIPTION
Project Title:
Project Type:
Description:
Department:
Scope of Project:
PAVEMENT REHABILITATION PROGRAM- CITYWIDE
PRIORITY: 1
Benefit:
Circulation
Using computer-assisted methodology, develop and implement cost-effective pavement maintenance treatments and strategies.
Public Works - Account No. 210.165.655
Project will include the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major
streets.
Project will improve the quality of City roadways.
Project Cost: Actuals
Future
Total Project
to Date
2008-09
2009-10
2010-11
2011-12
2012-13 Years
Cost
Administration
$ 106,000
. $ 135,000
$ 135,000
$ 135,000
$ 135,000
$
646,000
Construction
$ 2,703,340
$ 2,600,000
$ 2,100,000
$ 2,100,000
$ 2,100,000
$
11,603,340
Construction Engineering
$ 53,500
$ 75,000
$ 75,000
$ 75,000
$ 75,000
$
353,500
Design
$ 51,660
$ 60,000
$ 60,000
$ 60,000
$ 60,000
$
291,660
MSHCP
$ 85,500
$ 130,000
$ 130,000
$ 130,000
$ 130,000
$
605,500
Totals $
$ 3,000,000
$ 3,000,000
$ 2,500,000
$ 2,500,000
$ 2,500,000 $
$
13,500,000
Source of Funds:
Measure A
$ 3,000,000
$ 3,000,000
$ 2,500,000
$ 2,500,000
$ 2,500,000
$
13,500,000
Total Funding: $ -
$ 3,000,000
$ 3,000,000
$ 2,500,000
$ 2,500,000
$ 2,500,000 $
$
13,500,000
Future O & M Cost: N/A
63
AGREEMENT
FOR PROFESSIONAL GEOTECHNICAL, MATERIALS TESTING and SPECIAL
INSPECTION SERVICES
BETWEEN THE CITY OF TEMECULA and
LOR GEOTECHNICAL GROUP, INC.
RANCHO CALIFORNIA ROAD REHABILITATION PROJECT
PW06-14
FEDERAL PROJECT NO. STPL 5459 (019)
THIS AGREEMENT is made and effective as of March 24, 2009, between the City of
Temecula, a municipal corporation ("City"), and LOR Geotechnical Group, Inc. ("Consultant").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM. This Agreement shall commence on March 24, 2009, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than
December 31, 2010, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and set
forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in
Exhibit A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general prevailing rate of per
diem wages, and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contract from the Director of the
Department of Industrial Relations. Copies may be obtained from the California Department of
Industrial Relations internet website at http://www.dir.ca.aov. Consultant shall provide a copy of
prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing
wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8,
1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of
the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each
calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than
the stipulated prevailing rates for any work done under this Agreement, by him or by any
subcontractor under him, in violation of the provisions of the Agreement.
5. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit A, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed
SEVENTY ONE THOUSAND ONE HUNDRED SEVENTY DOLLARS AND NO CENTS
RAC1RPRO ECTSNPW061PW06-14 Rancho California Rd. Rehadlita6on\GeotechnlcaMt-2609 LOR 6tg A9rna.A
($71,170.00) for the total term of the Agreement, unless additional payment is approved as
provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the City
Manager. Consultant shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Consultant at the time City's written authorization
is given to Consultant for the performance of said services.
C. The City Manager may approve additional work up to ten percent (10%)
of the amount of the Agreement, but in no event shall the total sum of the Agreement exceed
the amount approved by City Council. Any additional work in excess of this amount shall be
approved by the City Council.
d. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees,
it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
Consultant shall provide receipts for all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant, at least ten
(10) days prior, written notice. Upon receipt of said notice, the Consultant shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement, such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section 5
above.
7. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Consultant for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Consultant. If such failure by the Consultant to make progress in the
performance of work hereunder arises out of causes beyond the Consultant's control, and
without fault or negligence of the Consultant, it shall not be considered a default.
b. If the City Manager, or his delegate, determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Consultant fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
RAO"ROJECTSTWO61PW06-14 Ranafia Celifomia Rd. RehabllilaAOn\Ceoletlnir 01-2F09 LOR Mg Agr".d.
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts, and other such information required by the City that relate to
the performance of services under this Agreement. Consultant shall maintain adequate records
of services provided in sufficient detail to permit an evaluation of services. All such records
shall be maintained in accordance with generally accepted accounting principles and shall be
clearly identified and readily accessible. Consultant shall provide free access to the
representatives of the City, or its designees, at reasonable times, to such books and records,
shall give City the right to examine and audit said books and records, shall permit City to make
transcripts there from as necessary, and shall allow inspection of all work, data, documents,
proceedings and activities related to this Agreement. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing
data generated for the work, surveys, notes, and other documents prepared in the course of
providing the services to be performed pursuant to this Agreement shall become the sole
property of the City, and may be used, reused or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files containing data generated for the
work, Consultant shall make available to the City, upon reasonable written request by the City,
the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
9. INDEMNIFICATION.
a. Indemnity for Professional Services. In the connection with its
professional services, Consultant shall defend, hold harmless and indemnify City, District,
and/or Agency, and its elected officials, officers, employees, servants, designated volunteers,
and agents serving as independent contractors in the role of City, District, or Agency officials,
(collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense
(collectively, "claims"), including but not limited to death or injury to any person and injury to any
property, arising out of, pertaining to, or relating to the negligence, recklessness, or willful
misconduct of Consultant or any of its officers, employees, sub-consultants, or agents in the
performance of its professional services under this Agreement. Consultant shall defend the
Indemnities in any action or actions filed in connection with any such claims with counsel of City,
District and/or Agency's choice, and shall pay all costs and expenses, including actual
attorney's fees, incurred in connection with such defense.
b. Other Indemnities. In connection with all claims not covered by
Paragraph A, Consultant shall defend, hold harmless and indemnify the City, District, and/or
Agency, and its elected officials, officers, employees, servants, designated volunteers, and
agents serving as independent contractors in the role of City, District or Agency officials,
(collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense
(collectively, "claims"), including but not limited to death or injury to any person and injury to any
property, arising out of, pertaining to, or relating to Consultant's performance of this Agreement.
Consultant shall defend Indemnitees in any action or actions filed in connection with any such
claims with counsel of City, District and/or Agency's choice, and shall pay all costs and
expenses, including actual attorney's fees, incurred in connection with such defense.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or damages to
R:\CI"RWECTS\PW06WN06-14Rancho Celifomia Rd.Rah t.lilaeon\Gwtechnlcah0l¢6.09 LORb19A9rm Am
property, which may arise from or in connection with the performance of the work hereunder by
the Consultant, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00
01 06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement
to the General Liability policy described above is acceptable.
3) Workers' 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,
Workers' Compensation Insurance is not required, but Consultant
shall execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less
than:
1) General Liability: 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) Workers' Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident
for bodily injury or disease.
4) Professional Liability Coverage: One million ($1,000,000) per
claim and in aggregate.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees and volunteers are to be
covered as 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
RACIRPRUECTS\PWOMM06-14 Rancho California Rd. Rehadlitafion\Oeotechnicah0f -26-09 LOR hog Agm .doc
contain no special limitations on the scope of protection afforded
to the City, its officers, officials, employees or volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its
officers, officials, employees and volunteers. Any insurance or
self-insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage
provided to the City, its officers, officials, employees or volunteers.
4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
5) Each insurance policy required by this 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 City."
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 City, 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's rating of no less than A:VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
I. Verification of Coverage. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Consultant's insurer
may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
11. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Consultant, shall at all times be under Consultant's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with
the performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
R:\CIRPRWECTS\MM\PY06-14 Rancho Calib.ia Rd. RehatdUbm\Oeotechn.R01-2&09 LOR tstg Agrm.E
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement.
The Consultant shall at all times observe and comply with all such ordinances, laws and
regulations. The City, and its officers and employees, shall not be liable at law or in equity
occasioned by failure of the Consultant to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement
shall be considered confidential and shall not be released by Consultant without City's prior
written authorization. Consultant, its officers, employees, agents or subcontractors, shall not
without written authorization from the City Manager, or unless requested by the City Attorney,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement, or
relating to any project or property located within the City. Response to a subpoena or court
order shall not be considered "voluntary" provided Consultant gives City notice of such court
order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the
work performed there under or with respect to any project or property located within the City.
City retains the right, but has no obligation, to represent Consultant and/or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, City's right to review any such response does not imply or mean the right
by City to control, direct, or rewrite said response.
14. NOTICES. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (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 City: Mailing Address:
City of Temecula
P.O. Box 9033
Temecula, California 92589-9033
Attention: David McBride, Senior Engineer
-or-
RAGIP\PROJECTS\M06 M 14 Rancho Calilonnia Rd. RehaUfiWon\Geotechnicah01-2609 LOR tstg Agn".doc
Physical Address:
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attention: David McBride, Senior Engineer
To Consultant: LOR Geotechnical Group, Inc.
6121 Quail Valley Court
Riverside, CA 92507
Attention: John P. Leuer, President
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of
the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment
for actual services performed up to, and including, the date of termination or as may be
otherwise agreed to in writing between the City Council and the Consultant.
16. LICENSES. At all times during the term of this Agreement, Consultant shall have
in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court
with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one
party against the other to enforce its rights under this Agreement, the prevailing party, as
determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation
expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall
have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Consultant, or Consultant's sub-consultants for this project, during his/her tenure, or for one
year thereafter. The Consultant hereby warrants and represents to the City that no officer or
employee of the City of Temecula has any interest, whether contractual, non-contractual,
financial or otherwise, in this transaction, or in the business of the Consultant or Consultant's
sub-consultants on this project. Contractor further agrees to notify the City in the event any
such interest is discovered whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All
prior or contemporaneous agreements, understandings, representations, and statements, oral
or written, are merged into this Agreement and shall be of no further force or effect. Each party
is entering into this Agreement based solely upon the representations set forth herein and upon
each party's own independent investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has
the authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
R:\CIRPRWECTS\PW06\1W06-14 Rancho Cahfonnia Rd. Ra1,aWilabon\Geo1echn1caR01-M09 LOR tstg AgrmLtloc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
By:
Maryann Edwards, Mayor
ATTEST:
By:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
LOR Geotechnical Group, Inc.
6121 Quail Valley Court
Riverside, CA 92507
Phone (951) 653-1760
Fax: (951) 653-1741
BY:
BY:
John P. Leuer, President
M. Kevin Osmun, Vice President
8
RXITPROJECTS\PWO6WYO614 Rancho Califania Rd. RehaEllilagon\GWechnic fi l2&09 LOR W9 Agr .doc
EXHIBIT A
TASKS TO BE PERFORMED & PAYMENT RATES
PW06-14 Rancho California Road Rehabilitation
Geotechnical, Materials Testing and Special Inspection
R:\CINPRWECTS\PN06\PW06-14 Rancho California Rd. Reha1Alila6on\Geoh d nicah01-26-09 LOR telg Agrm Am
EX1igs T' 110
City of Temecula Reference No. 3357.P
December 22, 2008 (Revised January 26, 2009)
The length of work on this project is estimated at 160 working days with a large
segment of the work to be performed between the hours of 9pm and 5am. This is a
Federal prevailing wage project and all testing and sampling shall conform to the State
of California Department of Transportation (Caltrans Quality Assurance Program (GAP)
procedures.
PROPOSED SCOPE OF SERVICES
The 24 hour geotechnical services we propose include the following:
1. Attend all project meetings as requested by the City of Temecula and provide
professional geotechnical consulting services as required.
2. Periodic observation of the geogrid placement and compaction testing of the
street improvements, which includes street.subgrade, aggregate base grade,
asphalt concrete driveways, and pedestrian ramps.
3. Field and batch plant sampling for quality compliance testing of the aggregate
base asphalt concrete, and Portland Cement concrete supplied to the project
4. Prepare daily time tickets and field reports outlining all observations and testing
services provided each day. Distribute the time tickets and field reports daily to
the project inspector.
5. Laboratory compaction of subgrade soils, aggregate base, and asphalt concrete.
6. Laboratory quality compliance materials testing of the aggregate base, asphalt
concrete, and Portland Cement Concrete supplied to the project.
7. Final Compaction and Quality Compliance Report at the completion of the
project.
ESTIMATED TIME FRAMES.
This estimated time frame is based on the information given within the referenced plan
provided by the City of Temecula. We propose to be on site approximately 4 hours a
day of the estimated 160 work day schedule to provide the required geotechnical
services. The estimated hours/units for services requested are provided in the following
table:
4
LOR GEOTECHNICAL GROUP, INC.
C-AW S IT "A P4
City of Temecula Reference No. 3357.P
December 22, 2008 (Revised January 26, 2009)
ITEM DESCRIPTION
HOURS/
COST
EXTENDED
UNITS
COST
1
Engineer Consultation, John Lauer and/or M. Kevin
Osmun
80
$125/hour
$10,000.00
Periodic observation of the geogrid placement and compaction testing of the street improvements,
2.
which includes street Subgrade, aggregate base grade, asphalt concrete driveways, and pedestrian
ramps
2A.
Street Subgrade, Soil Technician Jeremy Gonzales
150
$90/hour
$13,500.00
2B
Street Aggregate Base, Soil Technician Jeremy
Gonzales
150
$90/hour
$13,500.00
2C
Pedestrian Ramp Subgrade. Soil Technician Jeremy
Gonzales
96
$901hour
$8,640.00
2D
Driveway/Driveway Approaches Subgrade, Soil
Technician Jeremy Gonzales
24
$90/hour
$2,160.00
2E
Driveway/Driveway Approaches Aggregate Base,
Soil Technician Jeremy Gonzales
24
$901hour
$2,160.00
Field and batch plant sampling for quality
compliance testing of the aggregate base asphalt
3.
concrete and Portland Cement Concrete supplied to
40
$901hour
$3,600.00
the project, Soil & Laboratory Technician, Mark
Switzer
4
Laboratory: Concrete Cylinders, Laboratory
Technician, Mark Switzer
80
$201unit
$1,600.00
5
Laboratory: Sand EquivalentlQCl, Laboratory
Technician, Mark Switzer
6
$100/unit
$600.00
6
Laboratory: Sieve Analysis, Aggregate Base,
Laboratory Technician, Mark Switzer
6
$851unit
$510.00
7
Laboratory: Compaction, Soil, Laboratory
Technician, Mark Switzer
12
$140/unit
$1,680.00
8
laboratory: Compaction, Aggregate Base,
Laboratory Technician, Mark Switzer
7
91601unit
$1,120.00
9
Laboratory: Stability, Density, Gradation, &
Extraction (Rubberized)
20
$430/unit
$8,600.00
10
Laboratory: Miscellaneous Tests
$1,000
$1,000.00
11
Final Report
1
$2,5001unit
$2,500.00
ESTIMATED TOTAL:
$71,170.00
5
LOR GEOTECHIMCALGROUP.INC.
City of Temecula Reference No. 3357.P
December 22, 2008 (Revised January 26, 20091
The above are estimated units and time frames anticipated to complete the project.
The cost for these services will be billed at the rates indicated in the attached Fee
Schedule. The costs listed are inclusive of all equipment, supervision, and
vehicle/mileage charges.
We propose to conduct our laboratory material testing, inspection, and geotechnical
services on a time and materials basis, with time charge tickets signed on-site by your
project designee for testing services and specified unit charges for laboratory testing.
Results of these our inspections, observations, and compaction tests will be available
immediately in the field, followed by reports within 48-hours, if requested.
RELEVANT PROJECTS
City of Temecula
43200 Business Park Drive, Temecula, California 92890
Compaction and Quality Compliance Testing and Geotechnical Services, Wolf
Mr. Steve Beswick
Valley Creek Channel, Stages 1 and 2, City of Temecula, California
(951) 694-6444
(Completed 12/2005)
Compaction and Quality Compliance Testing Report, Jefferson Avenue
Mr. Brian Guillot
Pavement Rehabilitation, Project No. PW 99-17, City of Temecula, California
(951) 894-6444
(Completed 8/2001)
Compaction and Quality Compliance Testing, and Geotechnical Services, First
Mr. Greg J. Butler
Street Extension, Project No. PW95.08, City of Temecula, California
(9511694-6444
(Completed 7/2001)
City of Moreno Valley, Capital Projects Division
P.O. Box 88008, Moreno Valley, CA 92552
Construction Geotechnical Services, Project No. 06-41570324, Pigeon Pass
Road Improvements, From Ironwood Avenue to North City Limits, Moreno
Valley, California (In Progress)
Construction Geotechnical Services, Sunnymead Boulevard Beautification and
Enhancement, From Frederick Street to Perris Boulevard, Federal Aid Project
No. APSTPLE-5541 (0421, Moreno Valley, California (In Progress)
Mr. John Hogard
(951) 413-3137
Construction Geotechnical Services, Project No.06-12587425, Heacock
Street, From Gentian Avenue to Pappystone Drive, and Frederick
Street/Pigeon Pass Road, From Sunnymead Boulevard to Hemlock Avenue,
Rehabilitation, Moreno Valley, California, Federal Aid Project No. STPL-5441
(043) (Completed 10/2008)
6
LOR GEOTECMaCAL GROUP, INC.
,eJHJBiT "/J _
LOR GEOTECHNICCG~AL GROUP, INC.
Soil Engi0Q~-EA LEeology • Environmental
October 1, 2008
SERVICES
Geotechnical Engineering
LOR Geotechnical Group, Inc. provides geotechnical engineering services, including: preliminary
geotechnical investigations, foundation investigations, percolation feasibility investigations, liquefaction
evaluation investigations, as well as grading observation and testing services.
Geological
LOR Geotechnical Group, Inc. provides geological services, engineering geology investigations, seismic
setting studies, slope stability investigations, liquefaction susceptibility investigations, hydrology/water
resource studies, and bedrock rippability evaluations.
Environmental
LOR Geotechnical Group, Inc. provides, environmental site assessments, underground storage tank
investigations and remediation investigations, groundwater monitoring systems, soil and groundwater
sampling and analysis, and environmental studies for property transfers.
All costs for Geotechnical Engineering, Geological, and Environmental Services are baaed on the site and
investigative parameters requested.
FEES
The hourly personnel charges and laboratory test unit rates are as follows:
Personnel Charges-Hourly
Principal Engineer
$200.00
Project Engineer/Geologist
$125.00
Staff Engineer/Geologist
$104.00
Soil Technician (Field or Laboratory)
$70.00
Soil Technician (Prevailing Wagel
$90.00
Traffic Control (Prevailing Wage)
$80.00
Drafting
$60.00
Clerical
$50.00
Laboratory Testing Charges - Unit Costs
Moisture Content
$10.00
Moisture/Unit Weight (Ring)
$16.00
Sieve Analysis (Soil)
$65.00
Sieve Analysis (Aggregate)
$85.00
Sand Equivalent
$50.00
Sand Equivalent - QC
$100.00
#200 Sieve Wash
$40.00
Mechanical Analysis
$140.00
Atterberg Limits
$140.00
Proctor (41")
$140.00
Proctor (6' or Cai-216)
$160.00
Consolidation
$130.00
Expansion Index
$120.00
Direct Shear
$180.00
R-Value
$230.00
6121 Quail Valley Court • Riverside. CA 92507 • (951) 653-1760 • (951) 653-1741 (Fax) • www.lorgoo.com
19-438 Ruppert Street • P.O. Box 580799 • N. Palm Springs, CA 92258 • (760) 329-2727 • (760) 329-2626 (Fax)
Fee Schedule
October 1, 2008
Permeability
Concrete Cylinder Compressive Strength
Soluble Sulfate
Organic Matter Test/Weekend Organic Matter Test
Swell Tests
Durability Index Fine/Coarse
Chemical Tests
Asphalt Concrete Density & Stability/Rubberized .
Asphalt Concrete Density/Rubberized
Asphalt Concrete Theoretical Maximum Density .
Asphalt Concrete Stability/Rubberized
Asphalt Extraction & Gradation
Moisture Vapor Susceptibility
Durability Index Fine or Coarse
LA Rattler
$350.00
$ 20.00
$60.00
$50.00/$65.00
.........................$80.00
$110.00
By Quote
$180.00/$230.00
$110.00/$160.00
$120.00
$140.00/$180.00
$200.00
$ 80.00
$100.00
$200.00
TERMS
Reimbursable Exoanses
Outsi ervices p ed by others and direct costs expended on the client's behalf are charged at cost
plus twe nt. These expenses include rental of drill rigs, bulldozers, backhoes, travel and
sub ' ence, permits, reproduction costs, etc.
Tr e 1W AS
Tre ime required to provide professional or technical services will be charged at the appropriate hourly
r as. 'leage, truck and standard equipment charges are included in the hourly technician fee.
Overtime
An overtime rata of 1.5 times the standard rate will be used for time in excess of 8 hours per day and
Saturdays. An overtime rate of 2.0 times the standard rata will be added for work on Sundays, official
company holidays, and on all work in excess of 12 hours per day.
Pa ents N~p1
A iner of fifty percent of the total fee is required for all field studies. The balance of the fee must be
aid the time the report is released to the client.
Billing
Billings will be provided periodically and will be classified by fee categories set forth above or as given by
proposal.
Terms of Payment
Invoices rendered for professional services are due upon presentation. A service charge of 1.5 percent,
per month, may be charged on accounts not paid within thirty days to cover additional processing and
carrying costs. Any attorney's fees or other costs incurred in collecting any delinquent account will be
paid by the client.
ITEM NO. 6
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: March 24, 2009
SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit
Construction Bids for the Citywide Slurry Seal Project FY 2008-09, Paloma del
Sol and Temeku Hills area, Project No. PW09-01
PREPARED BY: Dan York, City Engineer
RECOMMENDATION: That the City Council approve the plans and specifications and
authorize the Department of Public Works to solicit construction bids for the Citywide Slurry Seal
Project FY 2008-09, Paloma Del Sol and Temeku Hills area, Project No. PW09-01.
BACKGROUND: The Citywide Slurry Seal Project FY2008-2009, is an annual project
that will utilize a Rubberized Emulsion Aggregate Slurry (REAS) to seal the project roadways against
water intrusion and deterioration of asphalt concrete pavement wearing surface. Ideally slurry seal
is applied every five to seven years as it prolongs pavement life thereby delaying more costly
rehabilitation measures such as asphalt concrete overlays or removal and reconstruction. Slurry
sealing involves cleaning and crack sealing the existing roadway surface, applying the REAS and
restoration of pavement delineation.
Staff has defined the street locations based on current pavement conditions, time elapsed since the
last preventative maintenance measure and geographical proximity. The streets to be sealed this
year are portions of the Paloma Del Sol and Temeku Hills that are in need of maintenance.
Project specifications are complete and the project is ready to be advertised for construction bids.
The contract documents are available for review in the Director of Public Works' office.
The Engineer's Construction Estimate for the project is $472,000.00.
FISCAL IMPACT: Adequate funds are in the Public Works Department Maintenance
Division FY 2008-2009 Budget for Routine Street Maintenance, Account No. 001-164-601-5402.
ATTACHMENTS:
1. Slurry Seal Streets List
2. Location Maps
PW09-01 CITYWIDE SLURRY SEAL PROJECT
STREET
LENGTH
PAVING AREA
MILES
GENERAL PLAN WIDTH C
LASSIFICATION
ASHBURN RD
720.05
28,801.87
0.14
40 L
OCAL
BALATA DR
682.61
27,304.35
0.13
40 L
OCAL
BELLERIVE CT
140.80
5,631.87
0.03
40 L
OCAL
BOGEY WY
165.63
6,625.16
0.03
40 L
OCAL
BRANFORDDR
1,032.81
41,312.33
0.20
40 L
OCAL
BRASSIE LN
2,378.07
95,122.60
0.45
40 L
OCAL
BUNKER DR
1,373.64
64,945.67
0.26
40 L
OCAL
CALA GERONA
833.69
30,012.85
0.16
36 L
OCAL
CALA TORRENTS
1,093.89
39,380.08
0.21
36 L
OCAL
CALLE AVELLA
527.04
18,973.34
0.10
36
LOCAL
CALLE BALAREZA
2,118.69
76,272.67
0.40
36
LOCAL
CALLE BALMEZ
573.43
20,643.63
0.11
36
LOCAL
CALLECABALLOS
1,127.95
40,606.31
0.21
36
LOCAL
CALLE CARABANA
1,069.95
39,238.33
0.21
36
LOCAL
CALLE GALARZA
804.94
28,977.74
0.15
36
LOCAL.
CALLE LONDE
693.42
24,963.28
0.13
36
LOCAL
CALLE MATARO
1,015.74
36,566.80
0.19
36
LOCAL
CALL.E RRAS
582.96
20,986.55
0.11
36
COLLECTOR
CALLE SANDOR
466.47
16,79294
0.09
36
LOCAL
CAMINOALAGON
1,132.45
40,76829
021
36
LOCAL
CAMINO CALIARI
1,307.39
47,066.12
0.25
36
LOCAL
CAMINO CARUNA
1,495.93
53,853.63
0.28
36
LOCAL
CAMINO GALLEGOS
689.02
- 21,204.64
0.11
36
LOCAL
CAMINO HERENCIA
1,402.28
50,482.05
0.27
36
LOCAL
CAMINO MOLNAR
810.35
29,172.74
0.15
36
LOCAL
CAMINORABAGO
1,196.96
43,173.98
0.23
36
LOCAL
CORTEARGENTO
1,13213
40,756.81
021
36
LOCAL
CORTE ASTORGA
46277
16,659.64
. 0.09
36
LOCAL
CORTE CARDOZA
788.08
28,370.76
0.15
36
LOCAL
CORTE CARMONA
1,328.17
47,813.98
0.25
36
LOCAL
CORTE DAVILA
383.32
13,799.44
0.07
36
LOCAL
CORTE OURAZO
303.64
10,931.05
0.06
36
LOCAL
CORTE ESCOBAR
594.87
21,415.22
0.11
36
LOCAL
CORTE GARDANO
767.69
27,636.71
0.15
36
LOCAL
CORTE ILLORA
862.85
31,06265
0.16
36
LOCAL
CORTE LLAMAS
170.14
6,125.02
0.03
36
LOCAL
CORTE SPARKMAN
557.99
20,087.68
0.11
36
LOCAL
CORTE LITNEHMER
47624
17.144.63
0.09
36
LOCAL
CORTE VILLENA
300.87
10,831.39
0.06
36
LOCAL
CRYSTALAIRE DR
2,542.07
101,682.64
0.46
40
NO CLASSIFICATION ASSIGNED
DOG LEG CIR
438.00
17,519.91
0.08
40
LOCAL
DRIVER LN
1,059.82
42,392.72
020
40
LOCAL
EAGLE CT
309.55
12,382.07
0.06
40
LOCAL
FORE WY
188.36
7,534.33
0.04
40
LOCAL
HONORS DR
3,935.34
173,164.73
0.75
44
COLLECTOR
IRON CIR
597.27
23,890.73
0.11
40
LOCAL
LEENAWY
1,507.65
64,275.38
0.29
36
COLLECTOR
LINKS CT
715.68
28,627.19
0.14
40
LOCAL
MASHIE WY
804.62
32,164.62
0.15
40
LOCAL
MCCABE DR
1,914.99
68,939.45
0.36
36
COLLECTOR
MEDINAH WY
1,05426
42,170.23
020
40
LOCAL
NASSAU CT
579.33
23,173.24
0.11
40
LOCAL
NIBLICK RD
1,471.61
58,864.22
H 0.28
40
LOCAL
PIO PICO RD
1,351.09
48,639.26
026
36
COLLECTOR
POINT WOODS CT
543.98
21,759.32
0.10
40
LOCAL
PUTTER CIR
510.42
20,416.96
0.10
40
LOCAL
ROUGH WY
150.19
6,007.74
0.03
40
LOCAL
SOUTHERN HILLS DR
844.16
33,766.45
0.16
40
LOCAL
SPOON CIR
148.61
5,944.60
0.03
- 40
LOCAL
TEE DR -
324.51
14,278.57
0.06
44
COLLECTOR
VARDON DR
1,636.27
65,450.96
0.31
40
LOCAL
VIAALLRIZO
250.01
9,000.22
0.05
36
COLLECTOR
VIA ARIAS
616.71
22,201.5
3 0.12
36
LOCAL
VIA ARNEDO
268.31
9,659.24
0.05
36
LOCAL
VIA BANDE
622.52
22,410.54
0.12
36
LOCAL
VIA MARANO
796.11
28,659.97
0.15
36
LOCAL
VIABONILLA
886.79
31,924.43
0.17
36
LOCAL
VIA CANDELEDA
845.01
30,420.26
0.16
36
LOCAL
VIA CAVALO
296.38
10,669.59
0.06
36
LOCAL
VIA CESARIO
704.39
25,358.02
0.13
36
LOCAL
VIACIRILLO
287.86
10,362.82
0.05
36
LOCAL
VIA CORDARO
260.68
9,384.56
0.05
36
LOCAL
VIA DEANDA
218.33
7,859.89
0.04
36
LOCAL
VIA FLORE
422.26
15,201.19
0.08
36
LOCAL
VIA JASSO
215.92
7,773.03
0.04
36
LOCAL
VIA JUMILLA
806.14
29,020.92
0.15
36
LOCAL
VIA MEJIA
181.16
6,521.93
0.03
36
LOCAL
VIA MONTALBAN
703.88
25,339.72
0.13
36
LOCAL
VIA NAYA
190.39
6,853.86
0.04
36
LOCAL
VIA POLA
184.46
6,640.43
0.03
36
COLLECTOR
VIA RAMOS
286.43
10,311.41
0.05
36
LOCAL
VIA RAZO
186.55
6,715.91
0.04
36
LOCAL
VIA SAJO
185.04
6,661.32
0.04
36
LOCAL
VIA TAMARITE
227.34
8,184.18
0.04
36
COLLECTOR
VIA VELIS
182.99
6,587.50
0.03
36
COLLECTOR
WEDGE WY
490.41
19,616.33
0.09
40
LOCAL
66,430.75
2,507,908.72
12.58
CjOtyS NSNt~~
Citywide Slurry Seal Project FY 2008-2009
Project No. PW09-01
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2008 - 2009 Slurry Project
Centerline
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Feet !/J~1\
February 12, 2009
This map was made by the City of Temecula Geographic
Information System. The map is derived trorn base data
produced by the Riverside County Assessors Department
and the Transportation and Land Management Agency
of Riverside county. The City of Ternecrda assumes no
warranty or legal responsibility for the information contained
on this map. Data and information represented on this map
are subject to update and modification. The Geographic
Information System and other sources should be queried for No
most current information. This map is not for reprint or resale.
rmgislammap projeclsnpubllc workslsluny seal reta kb -d
Citywide Slurry Seal Project FY 2008-2009
Project No. PW09-01
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® 2008 - 2009 Slurry Project
Centerline
0 150300 600 900 1,200
Lzzzzzz Feet
February 12, 2009
This map was rnado by the City ul Temecula Geographic
Information System. The map is derivnd from base data
produced by the Rivers ide County Assessors Department
and the Transportation and Land Management Agency
of Riverside County . The City of Temecula assumes no
warranty or legal responsibility for the information contained
on this map. Data and information represented on this map
are subject to update and modification. The Geographic
Information System and other sources should be queried for the
most current information. This map is not for reprint or resale.
r.'gis~arcmap pmjeclstpublic works>,slurry seal reza kb-cl
ITEM NO. 7
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: March 24, 2009
SUBJECT: First Amendment to Food and Beverage Sales Agreement between City of
Temecula and C & E Concessionary Enterprises, Inc.
PREPARED BY: Cathy McCarthy, Development Services Administrator
RECOMMENDATION: That the City Council approve the First Amendment to Food and
Beverage Sales Agreement between City of Temecula and C & E Concessionary Enterprises, Inc.
BACKGROUND: On October 10, 2006 the Council approved an agreement with C & E
Concessionary Enterprises, Inc. to provide concession services at the Patricia H. Birdsall Sports
Park. This is an exclusive agreement to provide food and beverages from the concession area.
This First Amendment extends the agreement for a one year period through June 30, 2010 with the
option of two one year extensions. All other provisions in the agreement remain the same.
Staff supports this extension to the agreement based on positive feedback received from
participants using the Patricia H. Birdsall Sports Park.
FISCAL IMPACT: Revenue generated will be 10% of the gross sales. Staff estimates
approximately $15,600 in annual revenue.
ATTACHMENTS: First Amendment
FIRST AMENDMENT TO FOOD AND BEVERAGE SALES AGREEMENT BETWEEN
CITY OF TEMECULA AND C & E CONCESSIONARY ENTERPRISES, INC.
THIS FIRST AMENDMENT is made and entered into as of March 24, 2009, by
and between the City of Temecula ("City"), a municipal corporation, and C & E
Concessionary Enterprises, Inc. ("Concessionaire"). 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 October 10, 2006 the City and Concessionaire entered into
that certain agreement entitled "Food and Beverage Sales Agreement".
b. The parties now desire to extend the term as set forth in this
Amendment.
2. Section 6. Term of this Agreement is hereby amended to read as follows:
"This agreement shall commence on August 1, 2006 and shall remain and continue in
effect until June 30, 2010, unless sooner terminated or extended pursuant to the
provisions of this Agreement. The City Manager on behalf of the City shall have the
right to extend this Agreement for two one (1) year periods with the first beginning July
1, 2010 and the second beginning on July 1, 2011. City shall exercise its option to
extend the Agreement on or before April 1 of the year of expiration."
3. Except for the changes specifically set forth herein, all other terms and
conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
BY:
Maryann Edwards, Mayor
ATTEST:
BY:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
BY:
Peter M. Thorson, City Attorney
1
CONCESSIONAIRE
C & E ENTERPRISES, INC.
a California corporation
BY:
Name:
Title:-
By:
_
Name:
Two Signatures of Corporate Officers Required for Corporations
Name of Contact Person at Company
Mailing Address of Company
Telephone No. of Company
Facsimile No. of Company
ITEM NO. 8
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: March 24, 2009
SUBJECT: License Agreement between the City of Temecula and Riverside County Flood
Control and Water Conservation District
PREPARED BY: Cathy McCarthy, Development Services Administrator
RECOMMENDATION: That the City Council approve the License Agreement between the
City of Temecula and Riverside County Flood Control and Water Conservation District for public
recreational use within the channel right of way along Murrieta Creek between Winchester Road and
Rancho California Road.
BACKGROUND: The City has been working with Riverside County Flood Control and
Water Conservation District on the Murrieta Creek Trail Project that is included in the Capital
Improvement Program. The project is now nearing completion. This license agreement will allow
public use of the trail for non-motorized recreational opportunities within the Flood Control right of
way.
Temecula Community Services District (TCSD) will be maintaining the trail and adjacent irrigation
and landscaping. This trail along Murrieta Creek was identified as one of the highest priorities in the
City's Trails and Bikeways Master Plan. Completion of this project and this agreement will add a
significant trail segment for our resident's enjoyment.
FISCAL IMPACT: Maintenance costs are currently estimated to be $54,000 and will be
included in the TCSD FY 2009-10 operating budget.
ATTACHMENTS: License Agreement
114676_9
LICENSE AGREEMENT
The RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, hereinafter called "DISTRICT", and the CITY OF
TEMECULA, hereinafter called "CITY", hereby agree as follows:
RECITALS
A. DISTRICT operates and maintains the Murrieta Creek Channel (Project
No. 7-0-00020), hereinafter called "CHANNEL", principally located in western Riverside
County; and
B. CHANNEL is an essential and integral part of DISTRICT'S regional
system of stormwater management infrastructure that provides critical flood control and
drainage within the area; and
C. CITY desires to utilize portions of DISTRICT'S existing CHANNEL
right of way, hereinafter called "CHANNEL RIGHT OF WAY", for public recreation purposes
including the construction of trail improvements and certain ancillary uses associated therewith,
including walking, jogging and bicycling, between Rancho California Road and Winchester
Road, hereinafter called "TRAIL" as shown in red on Exhibit A, attached hereto and made a
part hereof; and
D. CHANNEL'S flood control function is sporadic in nature and thus,
appropriate non-motorized public recreation may be accommodated within DISTRICT'S
CHANNEL RIGHT OF WAY to the extent that such uses do not unreasonably interfere with
CHANNEL'S principal function or DISTRICT'S ability to operate and maintain CHANNEL;
and
E. Subject to the provisions of this License Agreement, DISTRICT is willing
to (i) allow CITY to construct TRAIL within CHANNEL RIGHT OF WAY, (ii) allow CITY to
- 1 -
114676_6
operate and maintain said TRAIL and (iii) allow the public to utilize the TRAIL for compatible
non-motorized recreational uses as determined by DISTRICT; and
F. In accordance with the provisions of this License Agreement, CITY is
willing to (i) construct TRAIL, (ii) operate and maintain CITY constructed TRAIL, (iii)
conduct periodic safety inspections of TRAIL and (iv) indemnify and hold DISTRICT harmless
against any claims resulting from the public's use of DISTRICT'S CHANNEL RIGHT OF
WAY for recreational purposes; and
G. CITY is willing to (i) prepare plans and specifications for TRAIL, (ii)
submit said plans and specifications to DISTRICT for review and approval and (iii) construct
TRAIL at its sole cost and expense; and
H. After TRAIL is constructed by CITY, portion(s) of TRAIL may be
removed during the U.S. Army Corps of Engineers' construction of Phase 2 of the Murrieta
Creek Flood Control, Environmental Restoration and Recreation Project. Any portion(s) of
TRAIL that are removed during said construction will be reconstructed at the sole cost and
expense of CITY; and
1. It is in the public interest to proceed with this License Agreement.
NOW, THEREFORE, the parties hereto mutually agree as follows:
SECTION I
DISTRICT shall:
1. Grant to CITY a license to utilize CHANNEL RIGHT OF WAY for
public recreation purposes which are not incompatible with CHANNEL'S primary flood control
purpose and which do not interfere with or impair DISTRICT'S ability to operate and maintain
-2-
114676_6
CHANNEL or any of its appurtenant works. Said license shall remain in effect indefinitely so
long as CITY'S use of CHANNEL RIGHT OF WAY is so limited.
2. Give written notice to CITY of any non-compatible use of CHANNEL
RIGHT OF WAY that is not in conformity with the provisions of this License Agreement or
which may adversely affect CHANNEL'S flood control function and grant CITY thirty (30)
days from and after such notice to correct any such nonconforming use.
3. Continue to maintain CHANNEL'S flood conveyance capacity and, after
Phase 2 is completed, maintain structural integrity, including but not limited to lines and
grades, inlets, fencing, ramps and access roads to such an extent that CHANNEL continues to
function as a flood control facility at its design level.
4. Assume no responsibility, obligation or liability whatsoever, for the
operation and maintenance of CITY constructed trail improvements.
5. Should DISTRICT determine that a closure of TRAIL for the purpose of
operation, maintenance or construction, DISTRICT shall provide thirty (30) days notice of such
closure.
SECTION II
CITY shall:
1. Prior to constructing any improvements or performing any physical
modifications within CHANNEL RIGHT OF WAY, submit plans and specifications to
DISTRICT for review and approval and pay DISTRICT for its cost of reviewing said plans
and specifications.
2. Prior to constructing any improvements or performing any physical
modifications within CHANNEL RIGHT OF WAY, obtain an Encroachment Permit from
-3-
114676_6
DISTRICT, pursuant to its rules and regulations and comply with all provisions set forth
therein.
3. In the event CITY installs any improvements and/or equipment or CITY
uses or allows use of CHANNEL RIGHT OF WAY in a manner which, in the opinion of the
General Manager-Chief Engineer, would be detrimental to the operation of CHANNEL, CITY
shall, upon written request of the General Manager-Chief Engineer, immediately remove said
improvements and/or equipment or cease said use.
4. With regard to TRAIL or any other CITY constructed improvements
and/or equipment situated within CHANNEL RIGHT OF WAY, CITY hereby waives any
claim against DISTRICT for damages resulting from DISTRICT'S customary use of
CHANNEL RIGHT OF WAY for operation and maintenance of CHANNEL or its
appurtenant works, save and except damages resulting from DISTRICT'S sole active
negligence or willful misconduct.
5. Within CHANNEL RIGHT OF WAY, (i) assume sole responsibility for
the operation and maintenance of all CITY constructed improvements, including but not
limited to, performing all necessary repairs and the routine removal of trash and debris
associated with CITY'S use of CHANNEL RIGHT OF WAY and (ii) assume all liability
associated with the recreational use of CHANNEL RIGHT OF WAY including claims of third
persons for injury or death or damage to property. Said obligation shall not include any inverse
condemnation liability of DISTRICT by reason of the location of CHANNEL or DISTRICT'S
improvements thereto unless such liability is the result of CITY'S operations or use of the
property by the public pursuant to CITY'S actual or tacit consent.
-4-
114676_6
6. Within CHANNEL RIGHT OF WAY, ensure the safety of the public who
may utilize CHANNEL RIGHT OF WAY by conducting periodic safety inspections and
promptly making such repairs as are necessary to safeguard the public and its use thereof.
7. In its use of CHANNEL RIGHT OF WAY under the rights herein
granted, CITY agrees to promptly repair any damage to DISTRICT'S CHANNEL
improvements, unless such damage is caused by flooding or is the result of DISTRICT'S
customary operation, maintenance or improvements to its facilities located therein.
8. If in the opinion of the General Manager-Chief Engineer, the public's use
of CHANNEL RIGHT OF WAY may cause or contribute to a public hazard, a public nuisance,
degradation of water quality or any other matter of substantial concern to the DISTRICT, the
DISTRICT reserves the right to require remediation and, if remediation is unsuccessful, to
terminate this License Agreement.
9. Within CHANNEL RIGHT OF WAY or otherwise associated with this
Agreement, indemnify and hold DISTRICT, its officers, agents, employees and independent
contractors free and harmless from any liability whatsoever, based or asserted upon any act or
omission of CITY, its officers, agents, employees, subcontractors, independent contractors,
guests and invitees for property damage, bodily injury or death (CITY employees included) or
any other element of damage of any kind or nature, related to or in any manner connected with
or arising from CITY'S use and responsibilities in connection therewith of CHANNEL or the
condition thereof, and CITY shall defend, at its expense, including attorneys' fees, DISTRICT,
its Board of Supervisors, officers, agents, employees and independent contractors, in any legal
action based upon such alleged acts or omissions.
-5-
114676_6
10. Reconstruct, at its sole cost and expense, any portion(s) of TRAIL that
may be removed during the construction of Phase 2 of the Murrieta Creek Flood Control,
Environmental Restoration and Recreation Project.
SECTION III
It is further mutually agreed:
1. Each party, as to any claim or liability arising out of any act or omission
with reference to any work to be performed by or authority delegated to such party as a result
of this Agreement, shall save, defend, indemnify and hold harmless the other party, their
respective officers and employees from all liability for death or injury to person or damage to
property or claim therefor.
2. DISTRICT reserves the right to terminate this License Agreement, if for
any reason whatsoever, DISTRICT determines that CITY'S use of CHANNEL RIGHT OF
WAY is detrimental to the CHANNEL'S primary purpose.
3. Any waiver by DISTRICT or by CITY of any breach of any one or more
of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other
breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to
require exact, full and complete compliance with any terms of this Agreement shall not be
construed as in any manner changing the terms hereof, or estopping DISTRICT or CITY from
enforcement hereof.
4. If any provision in this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless
continue in full force without being impaired or invalidated in any way.
6-
114676_6
5. This Agreement is to be construed in accordance with the laws of the
State of California.
6. Any and all notices sent or required to be sent to the parties of this
agreement will be mailed by first class mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF TEMECULA
AND WATER CONSERVATION DISTRICT Post Office Box 9033
1995 Market Street Temecula, CA 92589-9033
Riverside, CA 92501 ATTN: Director of Community Services
7. Any action at law or in equity brought by any of the parties hereto for the
purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of
competent jurisdiction in the County of Riverside, State of California, and the parties hereto
waive all provisions of law providing for a change of venue in such proceedings to any other
county.
8. This Agreement is the result of negotiations between the parties hereto
and the advice and assistance of their respective counsel. The fact that this Agreement was
prepared as a matter of convenience by DISTRICT shall have no import or significance. Any
uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because
DISTRICT prepared this Agreement in its final form.
9. This Agreement is intended by the parties hereto as a final expression of
their understanding with respect to the subject matter hereof and as a complete and exclusive
statement of the terms and conditions thereof and supersedes any and all prior and
contemporaneous agreements and understandings, oral or written, in connection therewith.
This Agreement may be changed or modified only upon the written consent of the parties
hereto.
H
-7-
114676_6
-8-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on 1146766
(to be filled in by Clerk of the Board)
RIVERSIDE COUNTY FLOOD CONTROL
RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT
WARREN D. WILLIAMS
General Manager-Chief Engineer
APPROVED AS TO FORM:
PAMELA J. WALLS
County Counsel
By
Deputy County Counsel
MARION ASHLEY, Chairman
Board of Supervisors, Riverside County Flood
Control and Water Conservation District
ATTEST:
NANCY ROMERO
Clerk of the Board
By
Deputy
(SEAL)
License Agreement - Murrieta Creek Channel
AAM:bIj
08/06/2007
-9-
114676_6
CITY OF TEMECULA
By
MARYANN EDWARDS
Mayor
ATTEST:
By
SUSAN W. JONES, MMC
City Clerk
(SEAL)
APPROVED AS TO FORM:
PETER M.THORSON
City Attorney
-10-
License Agreement - Murrieta Creek Channel
AAM:bIj
08/06/2007
1146766
-11-
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EXHIBIT "A"
ITEM NO. 9
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Richardson, City Planner
DATE: March 24, 2009
SUBJECT: City Council authorization to apply for a Caltrans Multijurisdictional Transportation
Planning Grant with the Cities of Murrieta, Lake Elsinore, and the Western
Riverside Council of Governments as sub-recipients
PREPARED BY: Dale West, Associate Planner
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO.
RESOLUTION 09- A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMECULA DESIGNATING TEMECULA AS THE
RECIPIENT, AND THE WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS (WRCOG) AS THE SUB-RECIPIENT FOR
PURPOSES OF SUBMITTING A GRANT APPLICATION TO THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE
DEVELOPMENT OF A MULTIJURISDICTIONAL CORRIDOR
PLANNING PROGRAM
BACKGROUND: Caltrans has issued a Notice of Funding Availability (NOFA) for
Transportation Planning Grants available to cities and counties for Fiscal Year 2009-2010.
In late February 2009, Western Riverside Council of Governments (WRCOG) requested from their
member agencies, project suggestions for a multijurisdictional transportation corridor planning
project. City staff discussed the opportunity to expand upon planning efforts currently underway
along the Jefferson Avenue and I-15 corridor. These planning efforts include the WRCOG Transit
Oriented Development Project, the proposed Temecula Transit Center at Jefferson Avenue and
Sanborn Avenue, the Old Town Specific Plan Update, and the I-15 Interregional Partnership, a
multi-year planning study involving the Cities of Temecula, Murrieta, Lake Elsinore and the County
of Riverside, and cities from northern San Diego region, as well as regional agencies of WRCOG,
RTA, RCTC and Caltrans.
The proposed Caltrans grant will provide funds for a coordinated transportation and land use
planning effort along the Jefferson Avenue corridor between the Cities of Temecula, Murrieta and
Lake Elsinore. This effort will promote public engagement, livable communities' concepts, and a
sustainable transportation system that addresses mobility, access, and safety. For the City of
Temecula, the study will analyze affordable housing opportunities, and the impacts and
opportunities associated with increased intensityand density of mixed-use land uses, as well as the
impacts and opportunities to the transportation network, as Jefferson Avenue redevelops.
The City of Temecula would be identified as the lead agency and recipient of the grant, with the
Cities of Murrieta, Lake Elsinore and, WRCOG identified as the sub-recipient for the purposes of
submitting a proposal to the California Department of Transportation for Community-Based
Transportation Planning to conduct a Multijurisdictional Corridor Planning Study. Upon award of the
grant funds WRCOG and the CITY will enter into a formal MOU in order to fund and administer the
grant program, and to determine the City of Temecula's proportional share of the grant match
requirement. The adoption of this Resolution does not obligate the City to accept grant funds should
the participating agencies be unable to fully negotiate terms of the MOU.
FISCAL IMPACT: The grant requires a twenty percent matching fund of which fifty percent may
be in-kind services and the other fifty percent local funds which would be a maximum local match of
$25,000. The Jefferson Corridor Study area is within the Redevelopment Project Area. The
Redevelopment Agency Affordable Housing Fund has adequate funds available to provide for the
City of Temecula's proportional share of the matching fund requirement. A component of the
Jefferson Corridor study will be to analyze potential transit village development districts which will
include development standards to facilitate affordable housing which is consistent with California
Redevelopment Law (CRL Section 33334.19). The ten percent match of affordable housing funds
would be proportionate to the study's affordable housing component.
ATTACHMENTS: Resolution
RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA DESIGNATING TEMECULA AS THE
RECIPIENT, AND THE WESTERN RIVERSIDE COUNCIL
OF GOVERNMENTS (WRCOG) AS THE SUB-RECIPIENT
FOR PURPOSES OF SUBMITTING A GRANT
APPLICATION TO THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR THE DEVELOPMENT OF A
MULTIJURISDICTIONAL CORRIDOR PLANNING
PROGRAM
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Findings. The City Council of the City of Temecula does hereby
find, determine and declare that:
A. The California Department of Transportation, hereinafter referred to as
"Caltrans" has issued a Notice of Funding Availability (NOFA) for Transportation
Planning Grants for Community Based Transportation Planning to provide grant funds
for coordinated transportation and land use planning that promotes public engagement,
livable communities, and a sustainable transportation system which includes mobility,
access, and safety.
B. The City of Temecula will be submitting a proposal to the California
Department of Transportation for Transportation Planning Grant Funds for Fiscal Year
2009-2010 under the category of Community-Based Transportation Planning to conduct
a Multijurisdictional Corridor Planning Study.
C. The Western Riverside Council of Governments (WRCOG), a Joint
Powers Authority, hereinafter sometimes to as WRCOG, will be identified as the sub-
recipient for the purposes of submitting a proposal to the California Department of
Transportation for Community-Based Transportation Planning to conduct a
Multijurisdictional Corridor Planning Study.
D. The stakeholders for this program includes, but is not limited to the
following entities: the Western Riverside Council of Governments (WRCOG), and
participating jurisdictions of Murrieta and Lake Elsinore, and there is agreement that the
City of Temecula may act as the lead agency or recipient and may file as the recipient
for Community Based Transportation Planning Funds with Caltrans.
E. Upon award of the grant funds WRCOG and the City of Temecula will
enter into a formal MOU in order to fund and administer the grant program.
F. The City of Temecula is authorized to act as the lead agency for the
purposes of applying for and administering Caltrans the Community Based
Transportation Planning Program Grant, and the City Manager or his representative is
authorized and empowered to execute all contracts and agreements necessary to enter
into a contract with Caltrans for the purposes of submitting this proposal.
G. The City of Temecula shall submit to Caltrans Headquarters through
Caltrans District 8 a Community Based Transportation Planning Grant Application for
$249,009 to initiate the "Making the Connection: Exploring Multi-Jurisdictional Corridor
Planning" program with the WRCOG for the tasks and deliverables to be outlined in the
attached scope of work.
Section 2. Environmental Findings
A. Staff has determined that this Resolution is exempt from the requirements
of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the
California Code of Regulations, Section 15262 - Feasibility and Planning Studies.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 24th day of March, 2009.
Maryann Edwards, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA }
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. - was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 24th day of March, 2009, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
ITEM NO. 1 0
ORDINANCE NO. 09-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, AUTHORIZING AN AMENDMENT TO
THE CONTRACT BETWEEN THE CITY COUNCIL OF THE
CITY OF TEMECULA AND THE BOARD OF
ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Temecula hereby approves that
certain amendment to the contract between the City Council of the City of Temecula
and the Board of Administration, California Public Employees' Retirement System, a
copy of said amendment is attached hereto, marked EXHIBIT 1, and by such reference
made apart hereof as though herein set out in full ("Amendment").
Section 2. The Mayor of the City of Temecula is hereby authorized, empowered, and
directed to execute said amendment for and on behalf of the City of Temecula in substantially
the form attached.
Section 3. The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 24th day of March, 2009.
Maryann Edwards, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
RJOrds 2009/Ords 09-03
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. 09-03 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 24th day of February,
2009, and that thereafter, said Ordinance was duly adopted by the City Council of the City
of Temecula at a meeting thereof held on the 24th day of March, 2009, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
RJOrds 2009/Ords 09-03 2
Alke"-
CaIPERS
California
Public, Employees' Retirement System
EXHIBIT 1
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Temecula
4W MZZZWWNW~
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
December 1, 1990, and witnessed November 8, 1990, and as amended effective
October 25, 1997, August 24, 2002 and July 10, 2004 which provides for participation of
Public Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 11 are hereby stricken from said contract as executed
effective July 10, 2004, and hereby replaced by the following paragraphs
numbered 1 through 11 inclusive:
1: All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after December 1, 1990 making its employees as
hereinafter provided, members of said System subject to all provisions of
the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contracting
agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. -Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
a. SAFETY EMPLOYEES.
5. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after July 10, 2004 shall be determined
in accordance with Section 21354 of said Retirement Law (2% at age 55
Full).
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after July 10, 2004 shall be determined in accordance
with Section 21354.4 of said Retirement Law (2.5%o at age 55 Full).
7. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20042 (One-Year Final Compensation).
b. Sections 21624 and 21626 (Post-Retirement Survivor Allowance).
G. Section 21574 (Fourth Level of 1959 Survivor Benefits).
d. Section 21024 (Military Service Credit as Public Service).
e. Section 20903 (Two Years Additional Service Credit).
8. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members of said Retirement System.
9. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
C. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
10. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
11. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount. of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF TEMECULA
BY BY
LORI MCGARTLAND, CHIEFPRESIDING OFFICER
EMPLOYER SERVICES` DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
;a
Witgdss Date
`Attest:
Clerk
AMENDMENT ER# 1522
PERS-CON-702A (Rev. 10\05)
ITEM NO. 11
ORDINANCE NO. 09-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA REPEALING CHAPTER 8.32 (NOISE
CONTROL) OF THE TEMECULA MUNICIPAL CODE AND
AMENDING SECTIONS 9.20.020.E, 9.20.020.F, 9.20.040,
9.20.050, 9.20.060.13, AND 9.20.070.A.1 OF THE
TEMECULA MUNICIPAL CODE CONCERNING
REGULATION OF NOISE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 8.32, Noise Control, of the Temecula Municipal Code is
hereby repealed. The provisions of Chapter 8.32 were moved and are now contained in
Section 9.20.060.D of the Temecula Municipal Code.
Section 2. Section 9.20.020.E of the Temecula Municipal Code is hereby
amended to read as follows:
"E. "Decibel" means a unit (dB) for measuring the relative amplitude of a
sound equal approximately to the smallest difference normally detectable by the human
ear, the range of which includes approximately 130 decibels on a scale beginning with
zero decibels for the faintest detectable sound. Decibels are measured with a sound
level meter using the methodology defined below:
1. A-weighting (d BA) means the standard A-weighted frequency
response of a sound level meter, which de-emphasizes low and high frequencies of
sound in a manner similar to the human ear for moderate sounds.
2. Maximum Sound level (Lmax) means the maximum sound level
measured on a sound level meter."
Section 3. Section 9.20.020.F of the Temecula Municipal Code is hereby
amended to read as follows:
"F. "Governmental Agency" means the United States, the State of California,
the County of Riverside, the City of Temecula, water districts, school districts, or
any combination of these agencies."
Section 4. Section 9.20.040 of the Temecula Municipal Code is hereby
amended to read as follows:
"9.20.040 General Sound Level Standards. No person shall create any
sound, or allow the creation of any sound, on any property that causes the exterior
sound level on any other occupied property to exceed the sound level standards set
forth in Tables N-1 and N-2.
RJOrds 2009/Ords 09-04
TABLE N-1
TEMECULA LAND USE /NOISE STANDARDS
Maximum Noise Level
Property Receiving Noise
(dBA)
Type of Use
Land Use
Interior
Exterior
Designation
Hillside
Rural
Very Low
45
65
Residential
Low
Low Medium
Medium
45
65/70'
High
45
70'
Neighborhood
Community
Commercial and
Highway Tourist
70
Office
Service
Professio na I Office
50
70
Light Industrial
Industrial Park
55
75
Schools
50
65
tit
ti
P
bli
/I
l
u
c
ns
u
ona
All others
50
70
O
S
Vineyards/Agriculture
70
pen
pace
2
Open Space
70/65
Maximum exterior noise levels up to 70 dBA are allowed for Multiple-Family
Housing.
Where quiet is a basis required for the land use.
RJOrds 2009/Ords 09-04
TABLE N-2
NOISE/LAND USE COMPATIBILITY MATRIX
Land Use
Noise Exposure
(dBA)
55 60 65 70 75 80
aff
of
Residential
ffiwawma"
,
Transient Lodging - Motel,
FFFFFFP
Hotel
Schools, Libraries,
` FFFFFF
Churches, Hospitals,
N
i
H
urs
ng
omes
Auditoriums
Concert Halls
99
,
,
Amphitheaters
Sports Arena
Outdoor
,
Spectator SportS2
Playgrounds, Parks
Golf Course
Ridin
ii
g
,
Stables
Water Recreation
,
,
Cemeteries
Office Buildings
Business
,
Commercial, and
Professional
0;~NNNN
Industrial, Manufacturing,
Utilities, Agriculture
Source: Modified from 1998 State of California General Plan Guidelines.
Normally Acceptable: Specified land use is satisfactory, based upon the assumption that any
buildings involved meet conventional Title 24 construction standards. No special noise insulation
requirements.
FF i~W~ff Conditionally Acceptable: New construction or development shall be undertaken only after a detailed
TWTW~ff
TWTW~ff noise analysis is made and noise reduction measures are identified and included in the project design.
Normally Unacceptable: New construction or development is discouraged. If new construction is
proposed, a detailed analysis is required, noise reduction measures must be identified, and noise
insulation features included in the design.
Molm Clearly Unacceptable: New construction or development clearly should not be undertaken.
RJOrds 2009/Ords 09-04 3
Section 5. Section 9.20.050 of the Temecula Municipal Code is hereby
amended to read as follows:
"9.20.050 Sound Level Measurement Methodology. The actual location of a
sound level measurement shall be at the discretion of the enforcement officials
identified in Section 9.20.080 of this Chapter. Sound level measurements shall be
made with a sound level meter. Immediately before a measurement is made, the sound
level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of
the American National Standards Institute. The transmission of noise shall be
measured by the average of three A-weighted decibel (d BA) noise readings, taken not
less than five minutes apart over a 30-minute time frame. Following a sound level
measurement, the calibration of the sound level meter shall be re-verified. Sound level
meters and calibration equipment shall be certified to industry standards annually."
Section 6. Section 9.20.060.D of the Temecula Municipal Code is hereby
amended to read as follows:
"D. Construction. No person shall engage in or conduct construction activity,
when the construction site is within one-quarter mile of an occupied residence, between
the hours of 6:30 p.m. and 7:00 a.m., Monday through Friday, and shall only engage in
or conduct construction activity between the hours of 7 a.m. and 6:30 p.m. on Saturday.
No construction activity shall be undertaken on Sunday and nationally recognized
holidays unless exempted by Section 9.20.070 of the Temecula Municipal Code. Public
works projects of any federal, state or local entity or emergency work by public utilities
are exempt from the provisions of this subsection D. Residents working on their homes
or property are exempt from the prohibition of construction activities on Sundays and
holidays and shall only engage in or conduct construction activity between the hours of
7 a.m. and 6:30 p.m. when working on Sundays and holidays. The City Council may, by
formal action, exempt projects from the provisions of this Chapter."
Section 7. Section 9.20.070.A.1 of the Temecula Municipal Code is hereby
amended to read as follows:
"A. Application and Processing.
1. Construction-Related Exceptions. An application for a Construction
Related Exception shall be made on a Minor Exception form. The form shall be
submitted in writing at least three working days (72 hours) in advance of the scheduled
and permitted activity and shall be accompanied by the appropriate inspection fee(s).
The application is subject to approval by the City Manager or his designated
representative. No Public Hearing is required."
Section 8. PRIOR ORDINANCE. The provisions of Chapter 9.20 shall
supersede the provisions of any Ordinances in conflict therewith adopted by reference
in Chapter 1.08 of the Temecula Municipal Code.
RJOrds 2009/Ords 09-04 4
Section 9. SEVERABILITY. If any portion, provision, section, paragraph,
sentence, or word of this Ordinance is rendered or declared to be invalid by any final
court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
Section 10. EFFECTIVE DATE. This Ordinance shall take effect 30 days after
its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 24th day of March, 2009.
Maryann Edwards, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
RJOrds 2009/Ords 09-04 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. 09-04 was duly introduced and placed upon its first
reading at a meeting of the City Council of the City of Temecula on the 10th day of
March, 2009, and that thereafter, said Ordinance was duly adopted by the City Council
of the City of Temecula at a meeting thereof held on the 24th day of March, 2009, by
the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
RJOrds 2009/Ords 09-04 6
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM NO. 12
ACTION MINUTES
of
MARCH 10, 2009
City Council Chambers, 43200 Business Park Drive, Temecula, California
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
The Temecula Community Services District Meeting convened at 7:44 PM.
CALL TO ORDER: President Chuck Washington
ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington
CSD PUBLIC COMMENTS
There were no public comments.
CSD CONSENT CALENDAR
11 Action Minutes:- Approved Staff Recommendation (5-0-0) - Director Comerchero
made the motion; it was seconded by Director Roberts; and electronic vote
reflected unanimous approval.
RECOMMENDATION:
11.1 Approve the action minutes of February 24, 2009.
CSD BUSINESS
12 Mayor's Summer Youth Employment Program - received and filed
RECOMMENDATION:
12.1 Receive and file a report on the Mayor's Summer Youth Employment Program.
Human Services/Teen Manager Walker reviewed the staff report (of record).
1
CSD DEPARTMENTAL REPORT
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 7:55 p.m., the Temecula Community Services District meeting was formally adjourned to
Tuesday, March 24, 2009, 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.
Chuck Washington, President
ATTEST:
Susan W. Jones, MMC
City Clerk/District Secretary
[SEAL]
2
ITEM NO. 13
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: March 24, 2009
SUBJECT: Old Town Temecula Community Theater Booking and Rental Policy Amendment
PREPARED BY: Martin Betz, Cultural Arts Administrator
RECOMMENDATION: That the Board of Directors:
Adopt a resolution entitled:
RESOLUTION NO. CSD -
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF
TEMECULA AMENDING THE OLD TOWN TEMECULA
COMMUNITY THEATER BOOKING AND RENTAL POLICY
BACKGROUND: On February 8, 2005, in anticipation of the grand opening of the Old
Town Temecula Community Theater, the Board of Directors approved the Booking and Rental
Policy for the theater. Since that time, the theater has been very successful booking performances
produced by community performing and visual arts groups and organizations in addition to booking
and promoting City sponsored events under the auspices of Temecula Presents.
After almost four years of successful operations, staff has identified some areas within the Booking
and Rental Policy that require some updates including correctly identifying Tier 1 User groups,
providing priority to those who have previously booked the facilities, correcting seating counts,
identifying ticket office hours, adjusting labor reimbursements, and other operational and
housekeeping issues.
Currently, the Policy places no limits on Resident Companies as a first priority booking class. The
proposed change to the Policy would restrict Resident Companies to booking not more than 84 of
the weekends days (Fridays, Saturdays, Sundays) during the booking year Julyl, 2009 - June 30,
2010, and to no more than 80 of the weekend days for all subsequent booking years. Additionally,
Resident Companies may book all of the weekends between Thanksgiving and Christmas except for
one weekend. These revisions will afford more equitable opportunity for other user groups to gain
access to the theater.
As the theater continues to attract new production groups and theater patrons, it is envisioned that
there will be a need to update the Booking and Rental Policy from time to time to accommodate the
ever changing needs of the community. It is recommended that the Director of Community Services
be authorized to make changes to the Booking and Rental Policy on an administrative basis.
The original Schedule of Fees adopted as part of the Booking and Rental Policy anticipated
significantly less technical labor support to user groups. Successful user groups are able to produce
more elaborate shows with more performance dates, requiring more technical support. Theater
staffing costs have also risen over the past four years. The proposed revision to the Schedule of
Fees would suitably recover the labor costs of providing the necessary technical support for user
group productions.
FISCAL IMPACT: The anticipated revenue for stagehand reimbursement is estimated at
$66,200. This amount will help offset actual expenditures for theater staff salaries and wages.
ATTACHMENTS: Resolution
RESOLUTION NO. CSD -
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT OF
THE CITY OF TEMECULA AMENDING THE OLD TOWN
TEMECULA COMMUNITY THEATER BOOKING AND
RENTAL POLICY
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES
DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Board of Directors does hereby find and determine as follows:
A. The City of Temecula desires to provide opportunities for local
organizations and other user groups to present performing and visual arts events that have the
ability to enrich community life.
B. On February 8, 2005, the City of Temecula approved a Booking
and Rental Policy that established a booking priority and set rental policies and fees for use of
the theater.
C. The City of Temecula now desires to revise the priority booking
policy to more correctly reflect the usage needs of all performing arts organizations in the
community and to provide adequate booking opportunities to a larger number of users.
D. The City of Temecula further desires to revise the Schedule of
Fees to eliminate the subsidy of stage and labor charged to theater users.
E. The City of Temecula also desires to authorize the Director of
Community Services to modify the Booking and Rental Policy to accommodate necessary
operational changes from time to time.
Section 2. The revised Booking and Rental Policy is attached hereto as
Exhibit "A", is hereby adopted. The City Council authorizes the Director of Community Services
to modify the Booking and Rental Policy to accommodate necessary operational changes from
time to time.
Section 3. The Secretary shall certify to the passage and adoption of the
Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Community Services District of the City of Temecula this day of , 2008.
, President
ATTEST:
Susan W. Jones, MMC
City Clerk/Board Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA }
I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community
Services District of the City of Temecula, do hereby certify that the foregoing Resolution
No. CSD - was duly and regularly adopted by the Board of Directors of the
Temecula Community Services District of the City of Temecula at a meeting thereof held
on the day of , , by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
Susan W. Jones, MMC
City Clerk/Board Secretary
EXHIBIT A
OLD TOWN TEMECULA
COMMUNITY THEATER
BOOKING and RENTAL POLICY
(Revised March 2009)
The Old Town Temecula Community Theater is a performing and visual arts facility that
includes a contemporary, state-of-the-art, 361-seat proscenium theater opened in 2005,
the charming 1890 Mercantile Building that houses an intimate club-style stage and a
visual art gallery, a 1,390 square foot rehearsal space that can be divided into two rooms,
and a dance studio. Both the Theater and the Mercantile Building are available to lease
primarily for the presentation of artistic events such as concerts, musicals, plays, dance,
youth theater, and visual art shows. Events such as corporate meetings, service
organization gatherings, charity events, awards ceremonies, film/TV shoots, banquets,
and other non-arts events may be allowed on a limited basis. The dance studio and the
rehearsal rooms are also available to lease any time they are not being used to support the
activity on stage.
Mission
The mission of Old Town Temecula Community Theater is to present and promote the
arts and their ability to enrich community life. Theater staff recognizes that successful
events are a collaborative effort that require a high degree of skill, planning, cooperation,
teamwork, organization, flexibility, and shared information. The staff is dedicated to
providing courteous, efficient, quality service to all clients.
Booking Priority
The intended use of the Theater is for the production and presentation of performing and
visual arts events. With this in mind, priority is given to Users that wish to rent the
facilities for performing and visual arts events (Tiers 1, 2 and 3). Other uses are allowed
but receive a lower priority in choosing dates (Tiers 4 and 5). It is possible for a single
User to be in two booking Tiers if the User intends to use the Theater for both arts and
non-arts purposes.
Temecula-based organizations are defined as entities where the board of directors is
comprised of a preponderance of Temecula residents.
Resident Companies are defined as Temecula-based, not-for-profit arts organizations that
have raised, under the auspices of the Theater Foundation, significant funds for the
construction of the Theater and are duly designated as such by the City of Temecula
Tier 1 User First priority for bookings shall be given to the City of Temecula,
to organizations in formal partnership with the City of Temecula to further cultural goals,
and to those organizations deemed to be Resident Companies for the purpose of
presenting performing or visual arts events. Dates for Tier 1 priority events shall be
available for booking on September 1St for the year beginning July 1St of the following
year. Requests for dates from Tier I Users must be received by Theater Management
between September 0 and October 15th in order for Tier I Users to receive priority
consideration. Theater Management shall work with the Tier 1 groups to facilitate the
bookings of each organization relative to each other. During the booking year Julyl, 2009
- June 30, 2010, Resident Companies may reserve up to 84 of the weekends days (Friday,
Saturday, Sunday) and for all subsequent booking years, Resident Companies may
reserve up to 80 of the weekends days. Additionally, Resident Companies may book all
of the weekends between Thanksgiving and Christmas except for one weekend.
The Tier 1 organizations are:
• Temecula Theatre Foundation (Resident Company)
• Temecula Valley Players (Resident Company)
• Fine Arts Network (Resident Company)
• Temecula Performing Arts Company (Resident Company)
• Southwest Women's Chorus (Resident Company)
• Temecula Valley Unified School District (City Partner)
• Temecula Children's Museum (City of Temecula)
• Temecula Valley Museum (City of Temecula)
• Temecula Presents (City of Temecula)
Tier 2 User Second priority for bookings shall be given to Temecula-based,
non-profit and for-profit organizations, government entities and individuals for the
purpose of presenting a performing or visual arts event. Tier 2 priority events shall be
available for booking on March 1st for the year beginning on July 1St. Priority shall be
given to Users who have previously booked the facilities. Bookings shall be made on a
first-come first-served basis.
Tier 3 User Third priority for bookings shall be given to non Temecula-based,
non-profit and for-profit organizations, government entities and individuals for the
purpose of presenting a performing or visual arts event. Tier 3 priority events shall be
available for booking on March 15th for the year beginning on July 1St. Priority shall be
given to Users who have previously booked the facilities. Bookings shall be made on a
first-come first-served basis.
2
Tier 4 User Forth priority for bookings shall be given to Temecula-based, non-
profit and for-profit organizations, government entities and individuals for the purpose of
presenting events other than performing and visual arts events. Tier 4 priority events shall
be available for booking on April 15'' for the year beginning on July 1St. Bookings shall
be made on a first-come first-served basis.
Tier 5 User Fifth priority for bookings shall be given to non Temecula-based,
non-profit and for-profit organizations, government entities and individuals for the
purpose of presenting events other than performing and visual arts events. Tier 5 priority
events shall be available for booking on May 1St for the year beginning on July 1st
Bookings shall be made on a first-come first-served basis.
Leasing Procedures
Users shall place a hold on an available date which is honored for two weeks. At that
time, the User shall either sign a User License Agreement or the hold will be released.
When a License is executed, the User shall remit a non-refundable deposit equal to 50%
of the rental fee (Tier 1 Users are exempt) plus a $500 security/damage deposit.
When a date is requested that is currently on hold, the User may place a secondary hold
on the date or choose to challenge the hold. If challenged, the User with the primary hold
shall have 48 hours to either sign a User License Agreement or release the date. All
secondary holds on the date shall, in turn, have 48 hours to either sign an Agreement or
release the date. When a challenged date is released of all holds, the challenger shall
immediately execute a User License Agreement and remit the applicable deposits.
Under all circumstances, no advertising, publicity or ticket sales shall be permitted until a
User License Agreement is fully executed.
Rental Rates
Performance rental rates are based on a typical "performance" event lasting up to three
hours within a nine hour usage block. Events with longer performance times (such as
competitions), events with an audience that flows in and out (such as festivals), and non-
performance events (such as seminars) shall be assessed a fee relative to the nature of the
event. Theater rental rates include the stage, house, dressing rooms, backstage support
facilities and, if available, the Mercantile Building, the dance studio and the rehearsal
rooms (if needed to stage the event). Additionally, the rates include basic sound and
lighting equipment, normal housekeeping and engineering services, event management,
and technical supervision.
3
FACILITY RENTAL RATES
Temecula-Based Users
Non-Profit
Users Other Users
THEATER
Non Temecula-Based Users
Non-Profit
Users Other Users
Performance
$350
$425
$475
$550
2" Performance in one day
$175
$210
$235
$275
Rehearsal (4-hour max)
$150
$185
$205
$235
Load-In/Out (9-hour max)
$175
$210
$235
$275
Additional Hours
$40
$50
$55
$65
Dark Days*
$100
$125
$140
$160
I All Uses (3-hour minimum) I $40/hr $50/hr $55/hr $65/hr
I All Uses (3-hour minimum) I $25/hr $30/hr $35/hr $40/hr
REHEARSAL ROOMS
Room A or B (3-hour min.)
$15/hr
$18/hr
$20/hr
$25/hr
Room A & B (3-hour min.)
$25/hr
$30/hr
$35/hr
$40/hr
* There is no Dark Day charge for Mondays. If the Theater can be used for another
event on a Dark Day, there is no charge.
Additionally, the User is responsible for the following (see rate schedule herein):
• The User is required to use the Theater's ticket office services and staff.
• The User is required to use the Theater's front-of-house personnel (ushers and
ticket-takers).
• In order to protect the City's equipment and to insure safety on stage, the User is
required to use the Theater's technical crew for critical production positions (see
Stagehand Overhire Policy below).
• Any dedicated security and/or medical personnel deemed necessary by Theater
Management shall be the responsibility of the User and be hired from a source
approved by Theater Management.
• Catering is the responsibility of the User. Catering vendors shall be approved by
Theater Management.
• The cost of additional sound, lighting and stage equipment (such as wireless
microphones, followspots, and dance floor) shall be borne by the User.
• A $1 million minimum A.M. Best AXII. rated bodily liability and property
damage insurance policy naming the City of Temecula as additional insured shall
be the responsibility of the User.
4
Security, Damage and Cleaning Deposit
A refundable security/damage deposit in the amount of $500 is due and payable at the
execution of a User License Agreement. This deposit will be refunded to the User, less
deductions for any damage, loss, repair, cleaning beyond customary custodial care, and
any other fees owed to the Theater.
Ticket Office Services
All events must be ticketed through the Theater's Ticket Office and all Users are required
to sign the Ticket Services Agreement and complete a Ticket Order Form for all events
open to the public, including reserved-seat events, general admission events, and events
that are free.
Standard Ticket Office Services:
• Ticket Office hours are based on the production schedule and are subject to
change. Ticket Office hours are included in the facility rental. The toll free
number of the Ticket Office is 1.866.OLD TOWN.
• All events held in the Theater require the use of the Ticket Office and ticket
printing services.
• The Ticket Office accepts cash and American Express, MasterCard, and Visa,
credit cards. The User shall reimburse the Theater for all credit card charges. See
Ticket Office Fee Schedule for more information.
• For all rental events, the Ticket Office will be open from one hour prior to curtain
through the first thirty minutes of the performance. The "on-sale" for a
particularly popular event may require additional personnel to handle the rush
whereby the User shall be charged for the additional staff. If the "on-sale" occurs
outside the normal operating hours of the Ticket Office, the User will be assessed
an additional fee.
Ticket consignment is permitted when a User desires to sell tickets directly to
patrons away from the Ticket Office. The percentage of tickets placed on
consignment will be agreed upon by the User and Theater Management. At no
time will all the tickets for an event be placed on consignment; tickets shall
always be available for sale at the Ticket Office.
• The Ticket Office requires two weeks to process all Ticket Order Forms before
tickets can be made available to the public.
• Please refer to the Ticket Services Agreement for more details on ticket services
and charges.
Front-of--House Services
Front-of-house (FOH) services are tailored to meet the needs of your event and all
Theater events are required to utilize this service. FOH staff provide for the safety,
comfort and overall quality experience of patrons. The Theater utilizes full-time, part-
time and trained volunteer staff for ushering, ticket-taking, and House Management
duties. Professional staff members are certified in CPR and are sensitive to the needs of
the physically challenged.
Theater Management will determine the appropriate number of ushers and ticket-takers
required for each event. Ushering service fees are based on a maximum 2.5 hour
program. Additional fees will apply for longer events. The User will be responsible for
paying the base fee for FOH services plus all additional fees related to special events,
rehearsals with audiences, and extended programs.
Merchandising
The Theater reserves the right to collect a percent of gross proceeds from the sale of
programs, books, records, CDs, libretti, novelties, souvenirs, and any related merchandise
sold at events. If the User and/or attraction personnel sell the merchandise, the percentage
paid to the Theater shall be 10%. If Theater personnel sell the merchandise, the
percentage paid to the Theater shall be 20%. Theater Management must be given advance
notice of any merchandise sales. All items must be available for an inventory count no
fewer than two hours before the doors open to the public. The Theater reserves the right
to open its Gift Shop for any performance or activity. User merchandise items in direct
conflict with items for sale in the Gift Shop may be prohibited from sale. All
merchandise is subject to the prevailing California sales tax. In the event Theater
personnel sell the merchandise, sales tax shall be collected and filed by the Theater.
Users are responsible for negotiating the Merchandise Fee (as described above) into all
third-party artist agreements. A flat rate fee of $180 per performance will be charged to
the User if a third-party artist agreement or any other circumstance prohibits the standard
fees from being collected at time of sale.
Concessions
The Theater is the exclusive food and beverage concession provider for all events held on
Theater property. Only food and beverages provided by the Theater may be consumed
on the premises (catered events excluded).
Light food, beer, wine, water and soft drinks will be sold before each performance and
during intermission. Theater Management reserves the right to determine if the sale of
alcoholic beverages is suitable at any given event. Any requests for deviation from
standard concessions service must be relayed to Theater Management at least 72 hours
prior to the event. If a scheduled show intermission is cancelled with less than 72 hours
notice, a penalty of $150 will be charged.
6
Catering
Users may contract with food and beverage vendors for the purpose of catering certain
events. Such vendors shall be self-contained and shall not use the concession facilities at
the Theater. Theater Management shall approve the selection of all food and beverage
vendors and shall coordinate the space needed for food service directly with the vendor.
As required by State law, all alcoholic beverages and alcoholic beverage service shall be
provided by and arranged through the Theater's concessionaire - no exceptions.
Safety and Security
The safety and security of audience members, performers, User event personnel, and
Theater staff and volunteers is paramount. The Theater reserves the right to analyze the
risks of an event and plan accordingly. Events or activities may be denied or prohibited if
deemed a security risk.
The need for security and safety personnel for any event will be determined by Theater
Management and charged to the User at the prevailing rate. The Theater will determine if
uniformed security, peer security, police, fire, and/or medical personnel is necessary.
Technical Production
The following will ensure a safe and productive backstage work environment:
The pressure associated with backstage deadlines and artistic excellence can lead
to frustrations. Theater Management requires that the working environment be
free of hostility, intimidation, and harassment in any form. All Theater
employees, volunteers, and vendors are required to treat the User and everyone
involved with the event with courtesy and respect, and Theater Management
expects the same courtesy and respect from the User.
Compliance with all local, state, and federal safety and fire codes is expected. All
sets and drops must be flameproof or fire retarded. Theater Management will
prohibit the use of any item failing to comply with fire codes and/or safety
standards.
The use of all special effects equipment, including, but not limited to, smoke
machines, fog machines, hazers, and all types of pyrotechnic equipment, as well
as the use of gun powder, starter pistols, candles, cigarettes, and all types of
flames, is subject to the advance approval of Theater Management and, in some
cases, the City of Temecula Fire Marshall. Please note: Without advance
approval, permission will be denied to Users to use special effects in their shows.
• The Theater will adhere to professional Theater industry safety codes. All flown
scenery will require the use of hardware rated for that purpose. Stagehands will be
given scheduled breaks to keep them alert in an inherently dangerous work
environment.
No item with wet paint may be brought into the facilities. All major painting
projects must be scheduled in advance with Theater Management. The User will
7
be responsible to use care to protect the facilities from paint spills and to perform
any necessary clean-up. Spray painting is not allowed. No painting will be
allowed outside of the buildings.
• To facilitate the load-in, scenery should arrive at the Theater properly rigged.
Theater Management reserves the right to re-rig any piece deemed unsafe to fly. If
the User desires to fly people, the User shall employ a specialty flying company
approved by Theater Management (such as Flying by Foy or ZFX).
• Typically, all house equipment will be set-up, operated, and struck by Theater
stagehands; Theater Management may grant exceptions to this rule. House pianos
shall be voiced and tuned only by the Theater's designated piano technician.
• The use of all types of glitter, small confetti, and hay is prohibited. Chewing gLim
is never allowed in any of the buildings. Also, food and drinks (except bottled
water) are prohibited on the stage.
• A sufficient number of adult chaperones are required for events with numbers of
children on stage. Children will not be allowed in the Theater until the chaperones
are present. The User is responsible to monitor the behavior of all cast members
backstage (no running, jumping, pushing, handling the soft goods, playing with
the locking rail, etc.).
• The User should arrange for all deliveries and pick-ups of equipment to occur
during the time the User has contracted to use the Theater. Any pick-ups or
deliveries scheduled outside of this time-block must be approved in advance by
Theater Management. Storage of sets, props, costumes, etc. over any non-
contracted days is not allowed.
• The User should provide a Stage Manager familiar with the production for all
rehearsals and performances. The Stage Manager will call the show in headset
communication with the stagehands. Theater stage personnel will assist and train
the Stage Manager if required.
• Theater Management reserves the right to require the User to provide a qualified
and competent audio engineer familiar with the production for shows with certain
types of audio requirements. At Users expense, the Theater shall require the
Theater's in-house audio engineer to work with the User's engineer to ensure
continuity of use of all house audio gear and to provide system engineering
assistance.
• Requests to video or audio record rehearsals or performances, whether for private
use or public broadcast, must be approved by Theater Management in advance.
Such requests are always subject to negotiation.
User Responsibilities
ADA Compliance
It is the User's responsibility to comply with Americans with Disabilities Act
requirements, such as providing sign interpretation for the hearing impaired. The Theater
meets or exceeds all requirements for wheelchair accessibility, and provides infra-red
listening devices for the hearing impaired. For events with consigned tickets, the Theater
will retain all wheelchair accessible seating. Patrons requesting wheelchair seating will
be served directly by the Theater's Ticket Office.
Insurance
All events require $1,000,000 Bodily Injury and Personal Liability insurance with a Best
Insurance Rating of no less than AXII., from a provider licensed to do business in the
State of California. The policy must name the City of Temecula and its elected officials,
officers, employees, agents, volunteers and representatives as additional insured. The
User shall promptly furnish Theater Management with copies of all such policies and
certificates showing proof of insurance at the time the User License Agreement is due.
Music Rights
The User represents and warrants that all copyrighted material will be performed or
produced with express permission from the copyright owner, that the appropriate license
fees have been paid to such licensing agencies (such as ASCAP and BMI), and, when
necessary, intellectual or creative property use authorizations have been obtained.
Promotions and Advertising
It is the User's responsibility to advertise, promote, and in all ways market its event to the
public. No signage, posters, flyers or advertisements for any event may be posted in or on
the Theater and its environs without the prior approval of Theater Management. The
Theater offers the following complimentary services:
Event pamphlets, brochures and flyers supplied by the User to the Theater will be made
available to the public at the Ticket Office and posters may be displayed in the light-box
enclosures on the Theater fayade. These materials can be delivered to the Theater anytime
after tickets have gone on sale.
Rentals for the purpose of presenting a visual or performing arts event and that are
open to the public will be included in Theater generated materials designed to
publicize the schedule of events in the Theater, including the Theater's website
(www.TemeculaTheater.org). These listings, however, are not a contractual
guarantee under the User License Agreement and may not be possible due to
technical difficulties or space and budget limitations.
No advertising or ticket sales may take place prior to the execution of the User License
Agreement (and receipt of any applicable deposits and insurance certificates) with respect to the
use of facilities. All advertising material and event programs must clearly indicate the producer
of the event with the Theater as the location. (Example: Studio One presents Spring Ballet
9
Recital at the Old Town Temecula Community Theater.) The Theater shall approve all
promotional material and event programs in advance.
Old Town Temecula Cornnsunity Theater is the proper name of the venue that must be used in all
materials promoting the event. No variations or abbreviations of the name can be used.
Theater Management shall designate locations on Theater property for the authorized
display of promotional materials. The User shall not display any advertising material on
Theater property anywhere other than the authorized locations. Unauthorized advertising
materials and materials placed in unauthorized locations will be removed at User's
expense. The User warrants that all advertising shall be truthful and accurate.
All productions that are video or audio recorded for distribution, sale or broadcast must
contain a credit line recognizing the Old Town Temecula Community Theater as the
location for the recording and give credit to appropriate City and Theater staff. Specific
wording is subject to approval. Any recording must be pre-authorized by Theater
Management and must not violate copyright laws.
Decorations
Decorating the buildings and grounds of the Theater is strictly controlled and must be
approved by Theater Management in advance. Once approved, the User is responsible for
the decorations and must remove them immediately upon the conclusion of the event.
Installation methods are limited and must be approved by Theater Management:
• All decorations must be flameproof or fire retarded.
• The use of cellophane, all tapes, nails, staples, screws, and the like are not
allowed on walls, ceilings, floors, and furniture.
• Decorations may not be hung from light fixtures, fire detection equipment, fire
suppression piping, draperies, and acoustical elements.
• Open flames are not allowed.
• All plants and flowers must be in waterproof containers.
• No rice, birdseed, confetti, hay bales, and the like are permitted on the grounds or
in the buildings.
10
Event Conclusion
User shall be responsible for the removal of all set pieces, soft goods, personal property,
rented equipment, decorations, and the like at the conclusion of the event before User
vacates the premises. Any and all exceptions shall be approved by Theater Management
in advance.
Administrative Policy and Procedure
As the theater continues to attract new production groups and theater patrons, it is
envisioned that there will be a need to update the Booking and Rental Policy from time to
time. The Director of Community Services is authorized to make changes to the Booking
and Rental Policy to accommodate the ever changing needs of the community.
The User will be required to comply with administrative policy and procedure as
contained in the Theater's Rental Packet. The Director of Community Services (or
designee) shall create and maintain administrative policy, rules and regulations designed
to protect the Theater's facilities and equipment, address the safety of patrons, Users and
staff, provide for the ongoing operations of the Theater, and implement the policy.
11
Schedule of Fees
Front of House, Security and Medical Personnel Services
Temecula-Based Users
Non-Profit
Users Other Users
Ushers & Ticket-Takers
Non Temecula-Based Users
Non-Profit
Users Other Users
Per Show (2.5 hrs max)*
$75
$100
$125
$150
Two Shows in One Day*
$175
$225
$275
$325
If Show exceeds 2.5 hours*
$25/half hr
$30/half hr
$40/half hr
$50/half hr
House Manager
$18/hr
$18/hr
$18/"hr
$18/hr
Security
Uniformed Security
Peer Securitv
Police
Fire Marshall
Medical Personnel
Nurse
EMT
* Includes House Manager
* * Charged at prevailing rates plus 10%
12
Ticket Office Services
Temecula-Based Users
Non-Profit
Users Other Users
Charged to Ticket Buyers
Non Temecula-Based Users
Non-Profit
Users Other Users
Subscription Fulfillment
$2.50/order
$2.50/order
$2.50/order
$2.50/order
Window Sales
No Charge
No Charge
No Charge
No Charge
Mail Order
$2.50/order
$2.50/order
$2.50/order
$2.50/order
Telephone / Fax Order
$2.00/ticket
$2.00/ticket
$2.00/ticket
$2.00/ticket
Exchanges
$2.00/ticket
$2.00/ticket
$2.00/ticket
$2.00/ticket
Group Orders
$5.00/order
$5.00/order
$5.00/order
$5.00/order
Charged to User
Ticket Sellers
$100/show
$150/show
$200/show
$250/show
Ticket Printing
$0.25/ticket
$0.25/ticket
$0.25/ticket
$0.25/ticket
Debit and Credit Cards
Pass-Throug
h Actual Fee
Refund Fee
5%
5%
5%
5%
Returned Consignment*
$0.50/ticket
$0.50/ticket
$0.50/ticket
$0.50/ticket
Patron User ($10 & over)**
$1.00/ticket
$1.00/ticket
$1.00/ticket
$1.00/ticket
Patron User (under $10)**
$0.50/ticket
$0.50/ticket
$0.50/ticket
$0.50/ticket
Patron User (flat rate)***
$250
$275
$300
$350
Charged when more than 50 tickets are returned or tickets are returned less than 48 hours
before the day of the event.
All events are subject to the Patron User Fee. Complimentary tickets are not subject to
this fee.
For free or invitation-only events, a flat rate Patron User Fee will be charged per
performance.
13
Technical Production Services
Technical Labor*
Temecula-Based Users Non Temecula-Based Users
Non-Profit Non-Profit
Users Other Users Users Other Users
Technical Director
No Charge
No Charge
No Charge
No Charge
Stage Manager
$21/hour
$21/hour
$21/hour
$21/hour
Department Heads
$21/hour
$21/hour
$21/hour
$21/hour
Stagehands
$19/hour
$19/hour
$19/hour
$19/hour
Stage Equipment**
Follow Spots
$25/show
$35/show
$50/show
$70/show
Dance Floor
$35/show
$50/show
$75/show
$100/show
Grand Piano
$50/show
$75/show
$125/show
$200/show
Upright Piano
$35/show
$50/show
$75/show
$100/show
Piano Tuning***
Pass-Throug
h Actual Cost
Orchestra Shell
No Charge
$35
$75
$125
Gobo Rotator
$5/show
$7.50/show
$10/show
$12.50/show
Moving Head
$5/show
$7.50/show
$10/show
$12.50/show
Video Projector / Screen
$100/show
$150/show
$175/show
$250/show
Wireless Microphone
$10/show
$15/show
$25/show
$40/show
Company Switch
No Charge
$50/show
$75/show
$125/show
Washer and Dryer
$10/day
$15/day
$20/day
$50/day
Video / Audio Recording
By Special Arrangement Only
Special Equipment
Rental Cost Plus 10%
Technical labor is subject to the following working conditions:
• Theater stagehands are required to set up, operate, move and strike any house
equipment.
• A four-hour minimum work call is required.
• A minimum call of two stagehands is required for an event.
• A fifteen-minute break is required after two-hours of work.
• A one-hour unpaid meal break shall be given after no more than five hours of
work.
• If a meal break is not given, time-and-a-half of the prevailing rate shall be
charged until the next break.
• Time-and-a-half shall be charged after 8 hours of work and double-time after 12
hours of work.
All charges for available equipment are on an "as is, where is" basis. Labor
needed to move, set-up, strike and/or modify equipment is not included in the rental fee.
Weekly rates shall not exceed the three-show or three-day rate. Depending on
availability, there is no charge (except labor or as noted in the fee schedule for Stage
Equipment) for music stands, music stand lights, conductor's podium, choir risers,
orchestra risers, lectern, chairs, tables, house sound system, house lighting system, and
house soft goods.
Must be the house designated piano technician.
14
Stagehand Overhire Policy
The City of Temecula employs a small pool of part-time qualified stagehands available to
work on shows. These stagehands are billed to the show at rates published in the
Theater's Booking and Rental Policy. If additional stagehands are required to augment
the stagehands employed by the City, it is the responsibility of the User to provide these
additional stagehands.
These additional stagehands may be from any source - qualified volunteers, IATSE
union professionals, or other qualified, paid individuals. Any stagehand that is asked to
operate any theatrical equipment (such as the counterweight system and any of the
Theater's audio and lighting gear) must be an experienced and qualified technician. All
individuals that demonstrate an acceptable work ethic are welcome to work on stage - the
task is to match the technical difficulty of the job to the knowledge and experience level
of the stagehand.
When the backstage and technical requirements for a show are discussed with the
Theater's Technical Director, the number, skill-type and schedule of stagehands will be
reviewed and agreed upon mutually by the show and the Theater's TD.
Typically, the following stage work can be accomplished by conscientious and reliable
volunteers:
• Move-in / move out
• Scenery shifts
• Light hangs
• Color changing
• Follow Spot operation
• Limited fly moves
• Audio assistance
• Shop work / Set construction
• Properties
• Costuming
• Hair and Wigs
• Makeup
• Stage Management
• Video (Cameras, switching,
projection)
In order to protect the City's equipment and to insure safety on stage, the following
positions shall almost always be City employees;
• Audio Desk • Fly Rail
• Audio Systems Engineer • Overhead Rigging
• Light Board Operator
The Theater staff is prepared to help you in any way possible; please let us know if we
can answer questions about this or any other matter regarding the use of the Theater.
15
Seating Capacities
The Theater is equipped with removable wheelchair accessible seating designed to accommodate
six wheelchairs (four in the orchestra and two in the boxes). Capacity will vary depending upon
pit configuration. The placement of video cameras, extended sound and lighting consoles, or any
other technical equipment will also affect seating capacity. Equipment placement in the seating
area must conform to all fire code and ADA regulations. There is no standing-room and
maximum seating capacity must never be exceeded.
House Seats
The Theater shall retain for its use the following house seats:
• Five Boxes (16 seats total)
• Two Orchestra seats
These seats are listed on the Schedule of Held Seats and are not a part of the seat inventory
available for User to sell.
Orchestra Pit
19
Orchestra
159
Parterre
135
Total Main Level
313
Balcony
28
Box Seats (6 Boxes)
20
Total Second Level
48
Maximum Seating Capacity
361
Capacity without Pit Seats
342
Capacity with wheelchairs (with Pit seats)
359
Capacity with wheelchairs (without Pit seats)
340
Mercantile Stage 48
16
TCSD
DEPARTMENTAL REPORT
ITEM NO. 14
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: March 24, 2009
SUBJECT: Monthly Departmental Report
PREPARED BY: Gail Zigler, Administrative Assistant
The Plan Check phase of the Redhawk Parks Improvement project is nearing completion of the
construction documents. Staff anticipates we will be out to bid in the next 30 days. Phase 1 project
includes improvements to Redhawk Community Park and Redhawk Dog Park.
The Temecula Community Center expansion project has begun construction. The Escallier House
and Barn have been relocated, as part of the Temecula Community Center (TCC) expansion
project, and construction will begin late summer. It is anticipated this project will be completed by
December of 2009. The project will construct a 3,653 square foot addition to the Temecula
Community Center and includes offices, meeting rooms and restroom facilities.
The Old Town Gymnasium project is in the design phase. A sub-committee meeting was held on
January 27, 2009 to review the conceptual site plan, floor plan and elevations for the building.
The Community Services Department staff is working with the Planning Department on the City's
Sustainability Plan.
The Murrieta Creek Trail Project continues in the construction phase. The asphalt and DG paths
and walkways have been installed, tables and benches have been placed, trees have been planted
and planting of the shrubs and ground cover has begun. Staff anticipates the maintenance period
will begin in the next 3 to 4 weeks.
The Veteran's Memorial Project - Phase III is currently underway. Engraving of pavers is taking
place on site. The local VFW will continue to accept paver applications for a final installation in mid
2009.
On Friday, March 13, 2009 the Community Services Department coordinated the first Temecula
Special Games. The program was hosted by the Temecula Valley Unified School District as
Chaparral High School. Approximately 155 youngsters and adults with developmental challenges
participated in a variety of games, races and activities, while accompanied by their individual
chaperone. Several volunteers from the community, church organizations and service organizations
assisted in making the program a huge success. Awards were given to all who participated.
The Recreation Division kicked-off the Teen After-School Enrichment program at Vail Ranch Middle
School "The Doghouse". The Dog House is a low cost enrichment program offering students
homework study time with tutors on hand to assist in their studies followed by chosen extra-
curricular activities such as: cartooning, karate, science, etc. The program currently has 24 students
enrolled.
The Recreation Division is planning and programming for the annual spring egg hunts, summer
programs and activities and preparing the Summer/Fall Guide to Leisure Activities.
The Cultural Arts Division continues to program and carry-out the classes and activities as outlined
in the 2009 Winter/Spring Guide to Leisure Activities, and the Old Town Temecula Community
Theater's musical and theatrical performance line-up. In addition to classes and activities, there are
many special events including theater performances, excursions, etc. The Cultural Arts Division is
responsible for the day-to-day operations of the Old Town Temecula Community Theater, the
Temecula Valley History Museum and the Imagination Workshop, Temecula Children's Museum.
The Development Services Division continues to participate in the development review for projects
within the City, as well as overseeing the development of parks and recreation facilities, and the
contract for refuse and recycling, cable television services and assessment administration.
The Maintenance Division has completed the installation of safety drain valves covers to meet new
Federal guidelines that went into effect December 19, 2008. The drain systems at both at both
Temecula Elementary School and the Community Recreation Center are in full compliance with
these new federal regulations.
The TCSD Maintenance Division continues to oversee the maintenance and rehabilitation of all City
parks and facilities, and assist in all aspects of City-wide special events. The Maintenance Division
recently completed renovations to the Roller Hockey Arena at Ronald Reagan Sports Park which
included the installation of a new dasher board system and an electronic scoreboard.
REDEVELOPMENT
AGENCY
ITEM NO. 15
ACTION MINUTES
of
MARCH 10, 2009
City Council Chambers, 43200 Business Park Drive, Temecula, California
TEMECULA REDEVELOPMENT AGENCY MEETING
The Temecula Redevelopment Agency Meeting convened at 7:55 PM.
CALL TO ORDER: Chair Person Ron Roberts
ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington,
Roberts
RDA PUBLIC COMMENTS
There were no public comments.
RDA CONSENT CALENDAR
13 Action Minutes:- Approved Staff Recommendation (5-0-0) - Agency Member
Edwards made the motion; it was seconded by Agency Member Comerchero; and
electronic vote reflected unanimous approval.
RECOMMENDATION:
Approve the action minutes of February 24, 2009.
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
At 7:56 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, March 24, 2009, 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]
PUBLIC HEARING
ITEM NO. 1 6
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Richardson, City Planner
DATE: March 24, 2009
SUBJECT: Planning Application Number LR08-0019, a proposed Heritage Tree Ordinance,
adding new Chapter 8.48 to Title 8 of the Municipal Code
PREPARED BY: Emery J. Papp, Senior Planner
RECOMMENDATION: That the City Council:
1. Introduce and read by title only an ordinance entitled
ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, ADDING NEW CHAPTER 8.48
(TEMECULA HERITAGE TREE ORDINANCE) TO TITLE 8
(HEALTH AND SAFETY) OF THE MUNICIPAL CODE OF THE CITY
OF TEMECULA
SUMMARY OF
ORDINANCE: The Ordinance adds new Chapter 8.48 to Title 8 of the Temecula
Municipal Code, pertaining to the designation and protection of certain trees to be characterized as
heritage trees. The purpose of the Ordinance is to protect and preserve certain species of trees, as
well as other trees of significance to the City of Temecula. The Ordinance establishes which
species are heritage trees and the process through which additional trees may be nominated for
protective heritage tree status.
The Ordinance additionally establishes regulations, standards and procedures for the cutting,
removal, relocation or encroachment upon heritage trees through a permit process, as well as
exemptions from the permit process.
The Ordinance establishes civil and criminal penalties and provides that a violation of the Ordinance
is a public nuisance.
BACKGROUND: In August 2004, Council Member Roberts expressed an immediate
concern that the Oak trees on the east side of Ynez Road and south of the Duck Pond were in
jeopardyfrom a proposed development project. Arising from this concern, staff began the process
of creating a policy to protect Oak trees in the City of Temecula. A City Council Subcommittee
spearheaded by Council Member Roberts, and included Council Member Washington, provided
direction to staff. Several iterations of the concept were prepared by a committee consisting of
members of the Community Services Department, Planning Department, Public Works Department
and the City Attorney. Overtime, the Ordinance grew in scope from its original premise of protecting
Oak trees to protecting several indigenous species of trees. The different versions included a policy
statement, an urgency Ordinance for preservation of Oak trees, an Ordinance for preservation of all
large diameter trees (except Eucalyptus), and an Ordinance with accompanying Preservation and
Protection Guidelines.
Staff presented versions of the Heritage Tree Ordinance on three occasions and on February 18,
2009the Planning Commission unanimously recommended that the City Council adoptthe Heritage
Tree Ordinance and the Heritage Tree Preservation and Protection Guidelines.
ENVIRONMENTAL DETERMINATION
Staff has determined that the proposed Heritage Tree Ordinance is exempt from the requirements of
the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of
Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility
that the Ordinance will have a significant effect on the environment. The Ordinance will have no
adverse environmental affects because it will protect and preserve significant trees within the City of
Temecula. Staff prepared a Initial Study to document this finding.
FISCAL IMPACT: Applicants for discretionary permits are currently required to prepare a
landscape plan which includes a tree inventory for the project site. If Heritage Trees are found to be
present in such inventory, the Applicant will be required to hire a certified arborist to prepare a
Preservation and Protection Plan. Costs for preparing these documents are unknown at this time.
Pruning, relocating or removing a Heritage Tree will require a permit but the fee is anticipated to be
nominal. The public may also nominate any tree in the City as a Heritage Tree upon submittal of a
nomination application. New fees for these applications will be included in the User Fee Study
update. Owners of Heritage Trees will be required to record covenants to protect the trees. Such
recordation costs are estimated to be $20.00 per tree. The City shall pay the cost for City initiated
nominations.
ATTACHMENTS:
Draft CC Ordinance
Heritage Tree Preservation and Protection Guidelines
PC Staff Report 02-18-09
ORDINANCE NO. - 09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA, ADDING NEW CHAPTER
8.48 (TEMECULA HERITAGE TREE ORDINANCE) TO
TITLE 8 (HEALTH AND SAFETY) OF THE TEMECULA
MUNICIPAL CODE
The City Council of the City of Temecula, does ordain as follows:
Section 1. Title 8, "Health and Safety," of the Temecula Municipal Code is
hereby amended by the addition of a new Chapter 8.48, to read as follows:
"CHAPTER 8.48
HERITAGE TREE ORDINANCE
Article 1
General Provisions
8.48.100
Title
8.48.110
Purpose
8.48.120
Applicability
8.48.130
Definitions
8.48.140
Heritage Tree Preservation and Protection Guidelines
8.48.150
Heritage Tree Preservation and Protection Plan
8.48.160
Designation of Heritage Trees
8.48.170
Non-Liability of City
8.48.100 Title
This chapter shall be known as "The City of Temecula Heritage Tree Ordinance"
and is referred to herein as the "Ordinance."
8.48.110 Purpose
The purpose of this Ordinance is to protect and preserve Oak, California Bay
Laurel, California Black Walnut, California Holly, and California Sycamore trees as well
as other trees of special significance to the community; and to justify special efforts to
preserve and protect them from development activity.
This Ordinance will also encourage the application of management techniques to
control the pruning, cutting, shaping, removal, and relocation of Heritage Trees within
the City. The preservation program outlined in this Ordinance will contribute to the
welfare and aesthetics of the community and retain the great historical and
environmental value of these trees.
8.48.120 Applicability
This Ordinance shall apply to: (a) any development application that requires a
discretionary permit; (b) any tree designated as a Heritage Tree through the nomination
process, or; (c) designated species pursuant to Section 8.48.160.A., located within
General Plan Open Space areas, within riparian areas, or within Western Riverside
County Multi-Species Habitat Conservation Plan Important Wildlife Corridor Linkage
areas.
8.48.130 Definitions
For purposes of this Ordinance, the following words and phrases shall have the
meaning set forth in this Section.
"Certified Arborist" means an arborist who is registered with the International
Society of Arboriculture and approved by the Planning Director.
"City" means the City of Temecula.
"Cutting" means the detaching or separating, from a protected tree, any limb,
branch, or root. Cutting shall include pruning.
"Damage" means any unpermitted action, including, but not limited to, cutting,
poisoning, over watering, removal, relocation, transplanting, trenching, excavating, or
paving within the protected zone of a tree, that causes the injury, death, or
disfigurement of a Heritage Tree.
"Discretionary Permit" means an application for new construction that requires
the exercise of judgment or deliberation or decision on the part of the decision-making
authority in the process of approving or disapproving a particular activity, as
distinguished from situations where the decision-making authority merely has to
determine whether there has been conformity with applicable statutes, ordinances, or
regulations.
"Disfigurement" means the unsightly and injurious cutting of a Heritage Tree,
including, but not limited to tree-trimming practices not in conformance with standards
established by the International Society of Arboriculture and pruning practices such as
stubbing, heading, heading back, stubbing off, pollarding, tipping, topping off, de-
horning, lopping, and rounding.
"Deadwood" means limbs, branches, or a portion of a tree that contains no green
leaves during a time of year when they would be present on a healthy tree of that type.
"Development" means the improvement or use of real property that requires the
City's discretionary review and approval.
2
"Drip line" means the outermost edge of the tree canopy, which when depicted
on a map, will appear as an irregular shaped circle that follows the contour of the tree's
branches as seen from overhead.
"Encroachment" means any intrusion into or human activity within the protected
zone of a Heritage Tree including, but not limited to, pruning, grading, excavating,
trenching, parking of vehicles, storage of materials or equipment, or the construction of
structures or other improvements.
"Heritage Tree" means a tree designated as a Heritage Tree pursuant to Section
8.48.160 of this Ordinance.
"Heritage Tree Preservation and Protection Guidelines" means the collection of
administrative rules, procedures, and requirements prepared and published by the
Planning Director pursuant to Section 8.48.140 of this Ordinance.
"Oak Tree" means any oak tree of the genus Quercus including, but not limited
to, California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus
dumosa), Engelman Oak (Quercus engelmannii), Scrub Oak (Quercus berberidifolia),
and Valley Oak (Quercus lobata).
"Owner" means a legal owner of real property within the City of Temecula or any
lessee of the owner.
"Person" means any individual, firm, association, corporation, organization, or
partnership or any city, county, district, the State or any department or agency thereof.
"Planning Director" means the City's Planning Director, or his or her designee.
"Protected zone" means the area extending horizontally outward from the trunk of
a Heritage Tree to a point five (5) feet beyond the drip line but in no case extending less
than fifteen (15) feet from the trunk.
"Pruning" means the removal of water sprouts, crossed limbs, or other unhealthy
branching structure in accordance with standards established by the International
Society of Arboriculture.
"Relocation" means the transplanting of a tree from its original location to another
suitable location.
"Removal" means the physical removal of a tree or causing the death of a tree
through damaging, poisoning, or other direct or indirect action.
"Right-of-Way" means any dedicated street right-of-way, or recorded easement
for maintenance or utility purposes.
3
"Routine maintenance" means actions needed for the continued good health of a
Heritage Tree including, but not limited to, removal of deadwood, insect control
spraying, and watering.
"Special District" means an agency having a Board of Directors that is voted in by
the public, such as a school district or water district.
"Tree Canopy" means the top layer or crown of mature trees.
8.48.140 Heritage Tree Preservation and Protection Guidelines
The City shall formulate and publish "The City of Temecula Heritage Tree
Preservation and Protection Guidelines." The Planning Commission shall have the
authority to change, update, or revise the Guidelines as necessary in order to
implement the provisions of this Ordinance.
8.48.160 Heritage Tree Preservation and Protection Plan
Upon submittal of an application for a discretionary permit, the Applicant shall
also submit a tree inventory prepared by a certified arborist or a licensed landscape
architect which shall list and identify all trees located within the proposed project site.
Such tree inventory shall identify all trees by their common and scientific names and
location on the site. If Heritage Trees are identified on site, a certified arborist shall
prepare a Heritage Tree Preservation and Protection Plan for each potential Heritage
Tree to protect them during grading and construction activities and for the life of the
project.
8.48.160 Designation of Heritage Trees
A. Designated Species. Any specimen of the following species that has been
identified in a tree inventory in connection with the submittal of an application for a
discretionary permit and has reached the required diameter is a Heritage Tree:
1. Oak Trees of the genus Quercus including, but not limited to,
California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus
dumosa), Engelman Oak (Quercus engelmannii), Scrub Oak (Quercus berberidifolia),
and Valley Oak (Quercus lobata) more than four (4) inches in diameter when measured
at a point four (4) feet above the natural grade at the base of the tree.
2. Platanus racemosa, (California Sycamore) more than twelve (12)
inches in diameter when measured at a point four (4) feet above the natural grade at the
base of the tree.
3. Umbellularia californica, (California Bay Laurel) more than eight (8)
inches in diameter when measured at a point four (4) feet above the natural grade at the
base of the tree.
4
4. Juglans californica, (California Black Walnut) more than eight (8)
inches in diameter when measured at a point four (4) feet above the natural grade at the
base of the tree.
5. Heteromeles (Photinia) arbutafolia, (California Holly) or (Toyon)
more than eight (8) inches in diameter when measured at a point four (4) feet above the
natural grade at the base of the tree.
6. Trees of the above listed species with multiple trunks are deemed
to have reached the required diameter if the sum of the diameters of the multiple trunks
exceeds the diameter required for a single trunk tree by two (2) inches.
B. Designated Areas. For purposes of this Ordinance, designated species
pursuant to Section 8.48.160.A. and located within the following areas are determined
to be Heritage Trees:
1. General Plan Land Use Map Open Space areas.
2. Riparian areas.
3. Western Riverside County Multi-Species Habitat Conservation Plan
Important Wildlife Corridor Linkage areas.
C. Designation of Heritage Trees Through Nomination.
1. Public initiated nominations. Upon the submission of a Heritage Tree
nomination application by any member of the public, the Planning Commission may,
after holding a noticed public hearing, designate any tree, regardless of species, as a
Heritage tree if the Owner of the subject tree supports the application and the Planning
Commission determines the tree should be preserved and protected due to one or more
of the following criteria:
a. Rarity. The nominated tree is an unusual species in Temecula,
California. or North America.
b. Size. The nominated tree is of notable size, height, diameter, or
canopy width compared to other trees of the same species.
c. Age. The nominated tree is of significantly advanced known or
estimated age for its species.
d. Historical association. The nominated tree is related to a
historic or cultural building, site, street, person or event.
e. Ethnic appreciation. The nominated tree is of particular value to
certain ethnic groups in the neighborhood or the City.
5
f. Neighborhood appreciation. The nominated tree is supported
by multiple indicators including but not limited to letters of
support, petition, outdoor gatherings and celebrations adjacent
or related to the tree.
g. Planting defines neighborhood character. The nominated tree
defines or contributes to the neighborhood aesthetic.
h. Profiled in a publication or other media. The nominated tree has
received print, internet, and or video media coverage.
i. High traffic area. The nominated tree has a high level of
visibility and or a possible traffic calming effect.
j. Low tree density. The nominated tree exists in a neighborhood
with few trees.
k. Extends between multiple properties. The nominated tree has a
high level of visibility and provides benefits to two or more
adjacent properties.
1. Accessible from public right-of-way. The nominated tree
possesses high visibility and provides benefits to the general
public.
m. Important wildlife habitat. The nominated tree provides or
potentially provides source of shelter and or food for wildlife.
n. Interdependent group of trees. The nominated tree is part of a
supercanopy and removal may have an adverse impact on
adjacent trees.
o. Erosion control. The nominated tree contributes to soil stability
and prevents erosion.
p. Wind or sound barrier. The nominated tree reduces wind speed
or deflects wind, and or mitigates undesirable noise.
q. Prominent landscape feature. The nominated tree is a striking
and outstanding natural feature.
r. Character defining form. The nominated tree is an example of
good form for its particular species.
s. Tree Condition. The condition of the nominated tree shall be a
factor in determining its status for protection as a Heritage Tree.
6
2. City initiated nominations. The City, in exercising its police powers,
may designate any tree in the City of Temecula as a Heritage Tree, regardless of
species or size. Any City initiated Heritage Tree nomination application shall be subject
to the same noticed public hearing of the Planning Commission as detailed in section
8.48.160.C.1, except that there shall be no application fee and the Property Owner's
consent shall not be required. The Property Owner shall be notified of the public
hearing and will have the opportunity to speak in favor of or against the nomination. A
City initiated Heritage Tree nomination application shall be approved only if the decision
maker determines that: (i) the tree should be preserved and protected due to its age,
size, rarity or appearance; or (ii) the tree is determined to be historically significant. A
tree shall be deemed historically significant if any of the following findings can be made:
a. The tree is associated with events that have made a significant
contribution to the broad patterns of California's history and cultural heritage;
b. The tree is associated with the lives of persons important in our
past;
c. The tree embodies the distinctive characteristics of a type,
period, region, or method of construction, or represents the work of an important
creative individual, or possesses high artistic values; or
d. The tree has yielded, or may be likely to yield, information
important in prehistory or history.
D. The Planning Commission or City Council, may, when reviewing a
development application, designate any tree on the site of the proposed development,
regardless of species, as a Heritage tree if it determines the tree should be preserved
and protected as a condition of development due to its age, size, rarity, or appearance.
Any Heritage Tree so designated shall continue to be a Heritage Tree for purposes of
this Ordinance regardless of whether the approved development is ever initiated.
E. Any tree planted as a replacement for a Heritage Tree pursuant to this
Ordinance shall constitute a Heritage Tree.
F. Any tree designated as a Heritage Tree shall cause the Applicant/Owner
to record with the Riverside County Clerk and Recorder's Office a covenant and/or a
Notice of Condition Affecting Real Property to protect the tree from future ground
disturbing activities.
G. If a tree is designated as a Heritage Tree under Section 8.48.160.C.2, the
City shall pay the recordation fees.
8.48.170 Non-Liability of City
Nothing in this Ordinance shall be construed to impose any liability for damages
or a duty of care and maintenance upon the City or its officers, employees, agents, or
volunteers.
7
Article 2
Cutting, Removal, Relocation, or Encroachment Upon Heritage Trees
8.48.200 Heritage Tree Maintenance and Preservation
8.48.210 Permit Requirement and Exceptions
8.48.220 Permit Application and Review
8.48.230 Standards of Approval
8.48.200 Heritage Tree Maintenance and Preservation
A. All owners of real property on which a Heritage Tree is located and that is
improved, approved for development, or part of or associated with the approved
development of another piece of property, including but not limited to property required
to be maintained as permanent open space or for recreational purposes, shall maintain
such Heritage Trees in a state of good health. Failure to do so will constitute a violation
of this Ordinance.
B. Damaging a Heritage Tree is prohibited. Each action that damages a
Heritage Tree shall be a separate violation.
8.48.210 Permit Requirement and Exceptions
A. Except as allowed under paragraph B of this Section, no person shall cut,
remove, or relocate a Heritage Tree, or encroach into the protected zone of any
Heritage Tree without first obtaining a Heritage Tree Pruning/Relocation/Removal
Permit from the City in accordance with the provisions of this Ordinance.
B. A Heritage Tree may not be cut, removed, relocated, or encroached upon
without a Heritage Tree Pruning/Relocation/Removal Permit, except under the following
circumstances:
1. A peace officer, fireman, civil defense official, or code enforcement
officer has determined in his or her official capacity that the tree poses an imminent
danger to the public or to property, in which case the tree may be cut, removed,
relocated, or encroached upon only to the extent necessary to avoid the danger
presented. The Planning Department shall be promptly noticed of the nature of the
emergency and action taken.
2. Fire Department personnel actively engaged in fighting a fire have
determined that removal of the tree is necessary to their firefighting efforts.
3. The tree is less than ten (10) inches in diameter and is held for sale
by a licensed nursery.
8
4. Pruning and routine maintenance is necessary to avoid casting a
shadow upon a solar power collector located on the property of another.
5. City staff has determined it is necessary to cut, remove, relocate, or
encroach upon the tree to prepare a site or undertake an approved capital improvement
project that has received environmental clearances under the California Environmental
Quality Act.
6. The Director of Public Works or the City Traffic Engineer has
directed the cutting, removal, relocation, or encroachment in order to: (i) maintain public
rights-of-way or adequate line-of-sight distances; and (ii) construct improvements within
existing or proposed General Plan Circulation Element rights-of-way, adjacent slopes,
and appurtenances.
7. Cutting, removal, relocation, or encroachment is required to widen
a Principal Intersection to accommodate additional dedicated turning lanes in
accordance with adopted goals, objectives and policies contained in the General Plan
Circulation Element.
8. Cutting, removal, relocation, or encroachment occurs as part of
construction or maintenance activities for facilities owned or operated by or for a public
agency, special district, or a utility company under the jurisdiction of the public utilities
commission.
8.48.220 Permit Application and Review
A. An applicant for a Heritage Tree Pruning/Relocation/Removal Permit shall
submit an application on a form designated by the Planning Director and pay the
appropriate filing fee as set by Council resolution.
B. If an application for a Heritage Tree Pruning/Relocation/Removal Permit
pertains to five (5) or fewer trees located on a single parcel, the Planning Director shall
review the application and approve, deny, or conditionally approve the request. The
Planning Director's decision may be appealed to the Planning Commission, which may
uphold, modify, or reverse the decision of the Planning Director.
C. The Planning Commission shall review all applications for a Heritage Tree
Pruning/Relocation/Removal Permit not reviewed in the first instance by the Planning
Director. The Planning Commission shall approve, deny, or conditionally approve the
request. The Planning Commission's review shall be consolidated with its consideration
of all other entitlement applications for the property, if any.
D. All decisions of the Planning Commission pursuant to this Ordinance may
be appealed to the City Council in accordance with Chapter 2.36 of the Temecula
Municipal Code.
9
8.48.230 Standards of Approval
A. An application for a Heritage Tree Pruning/Relocation/Removal Permit
may be approved only if the decision-maker finds and determines that the requested
cutting, removal, relocation, or encroachment is necessary to:
1. Maintain or aid the health, balance, or structure of the Heritage
Tree;
2. Protect life or property from a danger posed by the Heritage Tree
that cannot be reduced or eliminated by use of reasonable preservation and/or
preventative procedures and practices; or
3. Enable the reasonable and conforming use of the property, which is
otherwise prevented by the presence of the tree.
B. When deciding whether to approve, deny, or conditionally approve a
Heritage Tree Pruning/Relocation/Removal Permit, the decision maker may consider
the following factors:
1. Whether a public purpose is being provided by the issuance of the
permit or if the removal is primarily to facilitate private development;
2. The overall condition, species, approximate age, size and general
health of the Heritage Tree{s} to be removed;
3. An arborist's report on the likelihood for survival of any Heritage
Tree{s} to be relocated;
4. The species, size and number of replacement tree{s} being
provided as mitigation; and
5. Other factors as appropriate, in accordance with a certified
arborist's report.
C. The decision maker may impose conditions to offset or mitigate the
requested cutting, removal, relocation, or encroachment, including, but not limited to,
any of the following:
1. The relocation of the subject tree to another location on-site or off-
site.
2. The on-site or off-site planting of two (2) replacement trees of the
same or similar species, having the approximate size, age and health as the Heritage
Trees for every one (1) Heritage Tree removed;
10
3. The initiation of an objectively observable maintenance and care
program in accordance with a certified arborist's report to insure the continued health
and care of Heritage Trees on the property;
4. Payment of a fee equal to the cost of procuring, planting,
establishing, and maintaining two (2) replacement trees for every one (1) Heritage Tree
removed, which cost shall be based on the latest edition of either the "Guide for Plant
Appraisal" by the International Society of Arboriculture or the "Standards for Valuation of
Amenity Trees" of the International Society of Arboriculture. Such payments shall be
used solely to fund the cost of replacing trees that have been removed.
Article 3
Violations and Enforcement
8.48.300
Violations
8.48.310
Remedies
8.48.320
Restitution
8.48.330
Collection of Penalties
8.48.300 Violations
A. Violations of this ordinance are subject to criminal misdemeanor penalties
and civil penalties pursuant to Chapters 1.21 and 1.24, respectively, of the Temecula
Municipal Code.
B. Intimidating, harassing, or otherwise retaliating against any person who
seeks to attain compliance with this Ordinance is prohibited.
C. Causing, permitting, aiding, abetting or concealing a violation of any
provision of this Ordinance is prohibited.
D. A violation of this chapter is declared to be a public nuisance.
8.48.310 Remedies
A. The remedies provided by this Ordinance are cumulative and in addition to
any other remedies available at law or in equity. The City may seek to remedy any
violation of this Ordinance by a civil action, including, without limitation, administrative or
judicial nuisance abatement proceedings, civil or criminal code enforcement
proceedings, and suits for injunctive relief.
B. If a violation occurs during development, the City may issue a stop work
order suspending and prohibiting further activity on the property pursuant to the grading,
demolition, and/or building permit(s) (including construction, inspection, and the
issuance of Certificates of Occupancy) until a Mitigation Plan has been prepared by a
certified arborist, filed by the developer and approved by the Planning Director.
11
C. If a violation occurs in the absence of development, or while an application
for a building permit or discretionary development approval is pending for the property
upon which the tree is located, the Planning Director may: (1) request the City Council
issue a temporary moratorium on development of the subject property pursuant to law;
or (2) issue a stop work order halting all activity on the parcel. The purpose of this stop
of activity shall be to provide the City an opportunity to determine appropriate mitigation
measures, if any, for the tree removal and to ensure such measures are incorporated
into any future or pending development approvals for the property. Mitigation measures
may be imposed as a condition of any subsequent permits for development on the
subject property.
8.48.320 Restitution
A. In addition to any other remedy or penalty provided for by the Ordinance,
the City may seek restitution from any person who damages, removes, or relocates a
Heritage Tree in violation of this Ordinance in the form of replacement of the Heritage
Tree so removed or damaged or a fine in lieu of restitution. The decision maker shall
determine the form of restitution required.
1. If the decision maker determines that restitution should be made in
the form of a replacement of the Heritage Trees removed or damaged, the replacement
trees shall be the same or similar species of tree, having the approximate size, age and
health as the tree(s) damaged or destroyed, at a ratio of two (2) new replacement trees
for every one (1) damaged or destroyed tree. The location of such plantings shall be
determined by the decision maker;
2. If the decision maker determines that payment should be made in
lieu of restitution, the payment required shall include but is not limited to, the costs of
procuring, planting, establishing, and maintaining replacement trees. The cost of the
replacement tree shall be based on the actual replacement cost for the damaged
Heritage Tree or the latest edition of either the "Guide for Plant Appraisal" by the
International Society of Arboriculture or the "Standards for Valuation of Amenity Trees"
of the International Society of Arboriculture. Payments made in lieu of restitution shall
be used solely to fund the cost of replacing trees that have been damaged or removed
in violation of this Ordinance.
B. If the size of a Heritage Tree cannot be determined due to its unauthorized
removal, the size shall be determined by measuring the stump that remains, anecdotal
evidence, or interpolated from photographs or adjacent trees. The decision maker shall
presume that a missing Heritage Tree was in perfect health, unless the photographs or
other verifiable evidence demonstrates otherwise.
8.48.330 Collection of Penalties
A. Fines and payments in lieu of restitution for violation of this Ordinance are
payable at the City's Finance/Cashier office. Fines must be paid within thirty (34)
12
business days of the citation date. The City's Finance Department is authorized to
collect all unpaid civil fines.
B. Any unpaid costs or penalties, or payments in lieu of restitution imposed
pursuant to this Ordinance shall constitute a special assessment against the real
property upon which a violation of this Ordinance has occurred. All costs and/or fines
shall be itemized in a written report of assessment. The Planning Director shall cause a
copy of the report and assessment to be served on the owner of the property not less
than five days prior to the time fixed for confirmation of the assessment. Service may
be made by enclosing a copy of the report of assessment in a sealed envelope, postage
prepaid, addressed to the owner at his or her last known address as the same appears
on the last equalized assessment rolls of the County of Riverside and depositing the
same in the United States mail. Service shall be deemed complete at the time of
mailing.
C. A copy of the report of assessment shall be posted in the City Clerk's
office on the bulletin board designated for the posting of agendas, not less than three
days prior to the time when the report shall be submitted to the City Council. The City
Council shall hear the report, together with any objections by the property owner. After
the assessment is made and confirmed by the City Council, it shall be a lien on said
property. The lien shall be turned over to the Riverside County Tax Collector, where it
shall be levied on the next regular property tax bills for said property, and collected at
the same time and in the same manner as other municipal taxes are collected, and shall
be subject to the same penalties and procedures under foreclosure and sale in case of
delinquency as provided for other municipal taxes.
Section 2. The City Council finds that the proposed Heritage Tree Ordinance
is exempt from the requirements of the California Environmental Quality Act ("CEQA")
pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because
it can be seen with certainty that there is no possibility that the Ordinance will have a
significant effect on the environment. The Ordinance will have no adverse
environmental affects because it will protect and preserve significant trees within the
City of Temecula. Staff prepared a Initial Study to document this finding. The City
Planner shall file a Notice of Exemption in the manner required by law.
Section 3. If any portion, provision, section, paragraph, sentence, or word of
this Ordinance is rendered or declared to be invalid by any final court action in a court of
competent jurisdiction, or by reason of any preemptive legislation, the remaining
portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall
remain in full force and effect and shall be interpreted by the court so as to give effect to
such remaining portions of the Ordinance.
Section 4. The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be published or posted in the manner prescribed by law.
13
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this day of ,
Maryann Edwards, 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 , ,
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
14
CITY OF TEMECULA
HERITAGE TREE PRESERVATION
AND PROTECTION GUIDELINES
Approved 2009
HERITAGE TREE PRESERVATION
AND PROTECTION GUIDELINES
TABLE OF CONTENTS
INTRODUCTION .......................................................................................................................3
Section 1.0
GENERAL PROVISIONS
1.1
Heritage Tree Preservation and Protection Guidelines
.................4
1.2
Purpose
.................4
1.3
Adoption and Revisions
.................4
1.4
Criteria for Determination of Heritage Trees
.................4
Section 2.0
LAND DEVELOPMENT AND HERITAGE TREES
2.1
Pre-Construction
.................6
2.2
Activities During Construction
.................6
2.3
Grading, Soil Compaction and Root Protection
.................6
2.4
Trenching, Excavation and Equipment Use
.................7
2.5
Tunneling and Directional Drilling
.................7
2.6
Root Cutting
.................8
2.7
Maintenance of Heritage Trees During Construction
.................8
2.8
Tree Removal or Relocation
.................9
2.9
Tree Pruning, Removal or Relocation Permit Required
.................9
2.10
Exceptions
.................9
Section 3.0
TREE PRESERVATION AND PROTECTION PLAN
3.1
Standard Plan Requirements
...............10
3.2
Site Plan
...............10
3.3
Photographs
...............12
3.4
General information
...............12
Section 4.0
DEFINITIONS
...............14
Section 5.0
HERITAGE TREE INVENTORY LISTING
5.1
Heritage Tree Inventory
...............18
5.2
Sensitive and Protected Areas
...............18
5.2
Heritage Tree Nomination Process
..............18
APPENDICES
A. Heritage Tree Location Map
B. Riparian Areas
C. Important Wildlife Movement Corridors
D. Heritage Tree Pruning/Removal Permit Application
E. Heritage Tree Nomination Form
2
CITY OF TEMECULA
HERITAGE TREE PRESERVATION
AND PROTECTION GUIDELINES
INTRODUCTION
The City of Temecula lies within a unique area of Riverside County, the beauty and
welfare of which is greatly enhanced by the presence of several species of native and
non-native trees of significant size and quality that contribute in a positive way to our
community's environment and heritage. Sustaining our "Heritage Treed" in such a
rapidly developing area presents a challenge that requires careful planning and attentive
maintenance.
Land Development is a complex process and is even more challenging when trees are
involved, and construction activity is one of the greatest causes of decline and death to
Heritage Trees within the City. Tree protection should not begin subsequent to
construction. If preservation measures are delayed or ignored until construction begins,
the trees may be destined to fail. Successful tree preservation occurs when construction
impacts to trees are minimized or avoided altogether. The challenge is to determine
when impacts will be too severe for the tree to survive, not only in the short term but also
in the long term.
Although there are not quantitative methods to calculate these impacts, the following
Heritage Tree Preservation and Protection Guidelines have been prepared to provide
guidelines that enhance the protection of Heritage Trees from preventable damage from
vandalism and land development activities. By assuring preservation and protection
through regulation and standards of care, our Heritage Trees will continue to add to the
unique character of the City of Temecula and its Urban Forest.
3
SECTION 1.0
GENERAL PROVISIONS
1.1
1.2
1.3
1.4
Heritage Tree Preservation and Protection Guidelines
The Heritage Tree Preservation and Protection Guidelines CGuidelines') are to
be used in conjunction with the City of Temecula Heritage Tree Ordinance
("Ordinance"). These Guidelines are intended to provide a baseline methodology
for certified arborists when preparing Preservation and Protection Plans in
conjunction with the submittal of a discretionary permit application and must be
applied in conjunction with the provisions of the Ordinance. In the instance of a
conflict, the Ordinance shall control.
Purpose
The purpose of these Guidelines is to assist users of the Ordinance by
supplementing it with detailed information regarding policies, procedures,
interpretations, standard requirements, and other information applicable to the
preparation of a Preservation and Protection Plan for Heritage Trees. These
Guidelines are not intended to be a""one-size-fits-air document, but rather the
expert opinion of a certified arborist as to the use of best management practices
for Heritage Tree preservation and protection shall be applied.
Adoption and Revisions
The Planning Commission shall have the authority to change, update or revise
the Guidelines as necessary in order to implement the provisions of the
Guidelines. In the event of any conflict between the Ordinance and the
Guidelines, the Ordinance shall govern. The provisions of the Guidelines, to the
extent they are made conditions of a permit issued by the City, shall be binding.
All revisions to the Guidelines shall be reviewed and approved by the Planning
Commission and take effect immediately upon approval.
Criteria for Determination of Heritage Trees
Factors considered in determining if a tree qualifies as a"'Heritage Tree" are the
age, size, rarity and appearance of the tree. Notwithstanding the preceding,
each of the following is determined to be a Heritage Tree:
1. Oak Trees located within areas identified by the General Plan Land Use
map as Open Space, or otherwise protected lands such as riparian areas,
important wildlife movement corridors (MSHCP) and conservation easements,
upon reaching a diameter of four (4) inches.
2. Tree species having a diameter as defined in Section 4.0, Definitions, of
these Guidelines, measured at a height of four (4) feet above ground level.
4
Multiple trunk trees having a combined trunk diameter of two (2) or more inches
larger than the minimum single-trunk diameter shall also meet the size
requirement.
3. A tree or trees planted as a replacement for a Heritage Tree.
4. A tree or trees designated by the Planning Commission and/or City
Council to be protected in place by the existing or underlying Conditions of
Approval for an approved land use entitlement.
5. Any tree or trees designated by the Planning Commission through the
approval of a Heritage Tree Nomination Application.
SECTION 2.0
LAND DEVELOPMENT AND HERITAGE TREES
2.1 Pre-Construction
A. Tree Preservation and Protection Plan. If it is determined that a Heritage
Tree exists on property to be developed, the Planning Director will require
a site specific Tree Preservation and Protection Plan and an evaluation
pursuant to the California Environmental Quality Act of 1970, as amended
("CEQA" to affect the purpose of these Guidelines. (Please refer to the
submittal requirements identified in Section 3.0,""Tree Preservation and
Protection Plari" of these Guidelines.
B. Pre-Construction Meetino. The Planning Director, or their representative,
may require an on-site pre-construction meeting with the contractor
and/or applicant to discuss tree protection with the site supervisor,
grading equipment contractors and demolition crews to assure that
everyone fully understands the procedures and tree protective measures
concerning the project site, staging areas, haul routes, watering, contacts,
etc.
C. Site Inspections. In addition, the Planning Director may require
inspection by City staff to verify placement of protective fencing and
approval of materials prior to commencement of construction. In addition,
periodic inspections will be conducted to verify adherence to the tree
protection measures during the on-going construction process.
2.2 Activities During Construction
Soil disturbance or other damaging activities within the Tree Protection Zone is
prohibited unless approved by a certified arborist to the satisfaction of the
Planning Director.
2.3 Grading, Soil Compaction and Root Protection
The greatest increase in soil density occurs during the first few equipment
passes over the soil. To dispense traffic weight, mulch and temporary root
buffers can be used. The following guidelines can help to lessen compaction:
A. Do not park vehicles or equipment, storage of building materials, refuse,
or excavated soils, or dump poisonous materials on or around trees and
roots. (Poisonous materials include, but are not limited to, paint,
petroleum, concrete, stucco mix, dirty water or any material that may be
harmful to the tree.)
6
B. Do not compact soil to higher density than required in improved areas for
asphalt or concrete pavements, and not to exceed 85% density in
unimproved landscape areas.
C. Grade changes within the Tree Protection Zone are not permitted. At no
time during or after construction should soil be in contact with the trunk of
the tree above the basal flair.
D. Grade changes outside of the Tree Protection Zone shall not significantly
alter drainage.
2.4 Trenching, Excavation and Equipment Use
A. Trenching, excavation or boring within the Tree Protection Zone shall be
limited to activities approved by a certified arborist. Alternatives should
be explored for trenching outside the root zone.
B. Avoid exposing roots during hot weather. Backfill trenches as soon as
possible with soil and soak with water the same day. Small roots can die
in 10 to 15 minutes and large roots may not survive an hour of exposure.
If the trench must be left open all roots must be kept moist by wrapping
them in peat moss and burlap.
C. If trenching is unavoidable, the following minimum distances shall be
maintained:
Oak Tree, 4 inches or more 1 5 feet beyond (away from
California Sycamore, 12 inches or more trunk) the drip line of the tree;
California Bay Laurel, 8 inches or more or 15 feet away from the;
California Black Walnut, 8 inches or more trunk, whichever is greater.
California Holly or Toyon, 8 inches or more
" Ur as determined by a certified arborist.
D. Excavation. Any approved excavation, demolition or extraction of
material shall be performed with equipment that is placed outside the
Tree Protection Zone. Hand digging, hydraulic, or pneumatic excavation
are permitted methods for excavation within the Tree Protection Zone.
E. Equipment. Use of backhoes, Ditch-Witches, steal tread tractors or other
heavy vehicles within the Tree Protection Zone is prohibited unless
approved by a certified arborist. Do not use tree trunks as a back stop,
winch support, anchorage, as a temporary power pole, signpost or other
similar function.
2.5 Tunneling and Directional Drilling
A. Trenching, pipe or cable installation within the Tree Protection Zone shall
be either cut by hand, air-spade, or by mechanically boring a tunnel under
7
the roots with a horizontal directional drill using hydraulic or pneumatic air
excavation technology. In all cases, install the utility pipe immediately,
backfill with soil and soak with water within the same day.
B. Where acceptable, tunneling under the root system can greatly reduce
both damage to the tree and the cost to repair landscape and other
features destroyed in the trenching process. The following
recommendations for tunneling depths are provided as follows:
TRUNKsDIAMETER
`
`
*
N
measiaretl 4
feetabove
natural rade
.;:MI
IMUM TUNNEL, D,EPT.H
12 inches or less
24 inches
More than 12 inches
i
Winches
*Or as determined by a certified arborist.
2.6 Root Cutting
Cutting of tree roots by utility trenching, digging foundations, placement of curbs
and trenches, or other excavations requires prior approval of the Planning
Director. No roots greater than 6 inches in circumference shall be cut without
direction from a certified arborist. In the instance where root cutting is
unavoidable, cuts should be clean and made at right angles to the roots. When
practical, cut roots back to a branching lateral root.
2.7 Maintenance of Heritage Trees During Construction
Providing adequate maintenance can mitigate stressful changes that occur to a
Heritage Tree's environment during construction. To remain healthy, the tree
needs to maintain stored carbohydrates and preserve the effectiveness of its
growth regulators. It is recommended that development projects provide:
A. Soil Compaction Mitigation. To prevent negligent encroachment into the
Tree Protection Zone, trees to be preserved during construction must
have the specified type of protection fences in place at all times.
Removal of fences, even temporarily, to allow deliveries or equipment
access is not allowed unless approved by a certified arborist and a root
buffer is installed. The root buffer components; mulch, gravel and
plywood must be maintained continually to assure its effectiveness
against soil compaction.
B. Mulch: During construction, wood chips may be spread within the Tree
Protection Zone to a four to six (4 to 6) inch depth, leaving the trunk clear
of mulch. This will aid in inadvertent soil compaction and moisture loss.
Mulch shall be 2-inch (2") unpainted, untreated shredded wood or other
approved material.
C. Root Buffer: When areas under the tree canopy cannot be fenced, a
temporary buffer is required and shall cover the root zone and remain in
place at the specified thickness until the final grading stage. The
protective buffer shall consist of shredded wood chips spread over the
roots at a minimum of 6-inches (6") in depth (keeping the trunk clear of
chips), and layered by %-inch quarry gravel to stabilize the %-inch
plywood sheets laid on top. Steel plates can also be used.
D. Irrigation. Providing supplemental irrigation for trees under water stress
may be the single most important treatment. Irrigation should be
designed to wet the soil within the Tree Protection Zone to the depth of
the root zone and to replace that water once it is depleted. Light, frequent
irrigation should be avoided. Create a 6 inch berm around trees at the
edge of the Tree Protection Zone and fill with no more than 6 inches of
mulch. Fill the basin with water. Irrigation should wet the top 2 to 3 feet
of soil to replicate similar volumes and normal rainfall patterns.
E. Erosion Control. If a tree is adjacent to or in the immediate proximity to a
grade slope of 8% or more, approved erosion control or silt barrier shall
be installed outside of the Tree Protection Zone to prevent siltation or
erosion within the zone.
F. Dust Control. During extended periods of drought, wind or grading,
trunks, limbs and foliage should be sprayed with water to remove
accumulated construction dust.
2.8 Tree Removal or Relocation
The proposed removal or relocation of a Heritage Tree must be approved by the
Planning Director in accordance with the Heritage Tree Ordinance. Trees that
have become structurally unstable, in poor health, or unable to survive the effects
of construction become a liability to public safety and should be removed. These
Guidelines acknowledge that conflicts between Heritage Trees and development
may sometimes result in the removal of trees, and recognizes the detrimental
effect to the project and community when these trees die after construction is
completed. Where removal of a Heritage Tree is necessary, the Planning
Director shall determine the appropriate mitigation measures to be provided so
as to preserve the beauty and character of the Community.
2.9 Tree Pruning, Removal or Relocation Permit Required
No person shall cut, remove, encroach into the protected zone, or relocate any
Heritage Tree on any public or private property within the City unless a valid
Heritage Tree Pruning/Relocation/Removal Permit has been issued by the City in
accordance with the provisions of these Guidelines. An example of the Heritage
Tree Pruning/Relocation/Removal Permit is attached to these Guidelines as
Appendix E, and copies may be obtained from the Planning Department or the
City's website atvwxum...d am WIazrmma .
2.10 Exceptions
A permit is not required to cut, encroach, remove, or relocate a Heritage Tree(s)
under the circumstances identified in the Heritage Tree Ordinance.
SECTION 3.0
TREE PRESERVATION AND PROTECTION PLAN
The items listed below are basic submittal requirements to be included in the Tree
Preservation and Protection Plan. As each project is unique, the applicant should
consult with City staff to determine exact submittal requirements.
3.1 Standard Plan Requirements:
A. Clearly differentiate between existing and proposed site improvements on
all plans.
B. Include prepareft name, title, license number, address, and telephone
number (preparer must be a Certified Arborist, Landscape Architect or
other qualified professional approved by the Planning Director).
C. Include project title, project address, and property owneft name.
D. Provide date of last revision, north arrow, and drawn to scale (no smaller
than f" = 40'-0")
E. Label all property lines; include existing and proposed easements.
F. Label and provide width of existing and proposed roadways, access
driveways, improvements within the public right-of-ways.
3.2 Site Plan:
The Site Plan shall identify the following information:
A. Trees
1. All trees, regardless of size, and show exact locations to scale. The
tree's species and common name must be directly on the plan or
keyed to a legend.
2. All designated Heritage Trees in accordance with Section 1.4;' Criteria
for Determination of Heritage Treed" of these Guidelines.
3. Heritage Trees immediately adjacent to the property must also be
identified on the plan.
4. The diameter of each tree measured at a height of 4 feet above
ground level.
5. Indicate whether the tree is a single or multi-trunk, and to be removed
or preserved.
10
6. If symbols are used for trees, a different symbol must be used for
each species.
B. Tree Protection Zone. Tree roots are generally located in the top 12-24
inches of soil and can extend to a distance exceeding the height of the
tree and/or width. The roots located 1-5 feet from the trunk are often
relatively inactive, and if cut, will cause a column of decay that can reach
the top of a tree over time. The feeder roots of the tree can sustain
damage during construction from lack of water, soil compaction or
physical damage from cutting.
Indicate that no construction staging, parking, storage or disposal of
construction materials or byproducts, including but not limited to paint,
plaster, or chemical solutions is allowed in the Tree Protection Zone.
2. Where mulch is required, show the mulch area and indicate mulch
materials and depth in accordance with Section III (A); ""Soil
Compaction Mitigatiod" of these Guidelines.
3. Include notes or measures to maintain and/or improve the health of
the protected Heritage Trees, such as schedule of watering during
construction, deadwood removal, pest management or other
practices.
C. Protective Fencing. For all Heritage Trees to be preserved on site,
clearly identify the fencing protecting the Tree Protection Zone with a bold
dashed line. The protective fencing must be located outside of the Tree
Protection Zone and erected before demolition, grading, or construction
begins and remain until final inspection of the project.
1. All trees to be preserved shall be protected with five to six (5 to 6) foot
high chain link fences or other material(s) approved by the Director of
Planning.
2. Fences are to be mounted on two-inch (2") galvanized iron posts or
untreated 4" x 4" wood posts, driven into the ground to a depth of at
least two-feet (2') and at no more than ten-foot (10') centers.
Concrete shall not be used to reinforce posts.
3. A two-foot (2') wide gate shall be installed for tree maintenance.
4. A warning sign shall be prominently displayed on each protective
fence. The sign shall be a minimum of 8.5 inches x 11 inches and
clearly state the following:
TREE PROTECTION ZONE
This Fence Shall Not be Removed
11
D. Utilities and Easements.:
1. Show location of existing and/or proposed utility lines (above and
below grade) and width, depth, and method of tunneling or digging
any proposed trenches.
2. Show point of connection for utilities and controllers.
3. Show width and location of all existing and/or proposed drainage
easements and watercourses; indicate existing and/or proposed
drainage structures.
E. Miscellaneous:
1. Indicate location, width, and depth of all trenches for footings including
excavations for any subsurface improvement.
2. Show existing and proposed contour lines.
3. Outline and label all existing or proposed structures (including walls,
fences, construction trailers, etc.), drawn to scale, and shown in their
exact location.
4. Identify staging areas, storage location for construction materials and
equipment, and vehicular and equipment ingress and egress.
5. Indicate location, width, depth and method of tunneling or digging of
proposed trenches for irrigation lines (mainlines and lateral lines).
3.3 Photographs:
A. Provide photographs of protected Heritage Trees that shows the form and
orientation on the property, as well as the conditions on the site.
B. Photographs must be labeled with the property address or Assessot's
Parcel Number (APN), date, and keyed to a site plan showing the
viewpoint in which the photograph was taken.
3.4 General Information:
A. Tree Pruning or Removal: Prior to construction, Heritage Trees may
need to be pruned away from structures or proposed construction activity.
Construction or contractor personnel shall not attempt pruning.
Heritage trees must be pruned by, or under the direction of, a certified
arborist.
B. Grading, Trenching and Drainage: Grading, trenching and soil
compaction activities are the factors most responsible for the decline of
Heritage Trees on construction sites. All construction activities near
12
designated Tree Protection Zones shall comply with Section 2.0,""Land
Development and Heritage Treeg" of these Guidelines.
C. Erosion Control: If a tree is adjacent to or in the immediate proximity to a
grade slope of 8% or more, a City-approved erosion control or silt barrier
shall be identified on the Site Plan and installed outside of the Tree
Protection Zone to prevent siltation or erosion within the Tree Protection
Zone.
D. Certified Arborist to Remove Trees. Removal of trees adjacent to
Heritage trees that are to remain requires a great amount of care and
expertise. Only a certified arborist shall engage in tree removal.
Construction or contractor personnel shall not attempt tree removal
unless it occurs at the express instruction of the certified arborist at the
time the certified arborist is on-site to supervise the tree removal.
13
SECTION 4.0
DEFINITIONS
"Applicants' means any person corporation, partnership association of any type, public
agency or other legal entity who submits a discretionary permit application for land
development pursuant to these Guidelines.
""Basal Flaii"' means the tree trunk where it emerges from the root system and flairs out
to create the base of the tree.
""Certified Arborisf" means, for purposes of these Guidelines, an arborist who is
registered in good standing with the International Society of Arboriculture (ISA) and is in
possession of a City of Temecula business license.
'"'Citg" means the City of Temecula.
""Cutting" means the detaching or separating from a Heritage Tree any live limb or
branch over one inch (1") in diameter, any pruning which changes the shape or natural
character of the tree or any branch removal that removes more of the tree canopy than
recommended under International Society of Arboriculture (ISA) Standards.
`"`Damagd" means any action that causes permanent injury, death or disfigurement to a
Heritage Tree. This may include, but is not limited to cutting, poisoning, over watering,
withholding water, unauthorized relocating or transplanting of a Heritage tree; including
trenching, excavating, or paving within Tree Protection Zone..
`"`Disfigurement' means the unsightly and injurious trimming of a Heritage Tree. This
shall include tree-trimming practices not in conformance with ISA standards. It shall
include pruning practices such as stubbing, heading, heading back, stubbing off,
pollarding, tipping, topping off, de-horning, lopping or rounding of any Heritage Trees.
`"`Deadwood" means limbs, branches, or a portion of a tree that contains no green
leaves during a period of the year when they should be present.
"Designated Heritage Tredr" means those trees possessing the qualifying attributes of
a Heritage Tree and identified on the Heritage Tree Inventory Listing attached to these
Guidelines.
""Development" means the improvement of any real property which requires the
approval of zoning, subdivision, conditional use permits, or site development review
permits.
""Directof" means the Planning Director, or his or her designee.
""Drip line" means a limiting line, for tree protection purposes, of the outermost area of
the tree canopy (leafy area), and within which no construction or disturbance shall occur.
""Encroachment" means any intrusion or human activity into the protected zone of a
Heritage Tree including, but not limited to, pruning, grading, excavating, trenching,
14
parking of vehicles, storage of materials or equipment, or the construction of structures
or other improvements.
""Heritage Tred" shall mean a tree that because of its size, age, historical or cultural
significance, or unique and irreplaceable values to the community needs to be preserved
and safeguarded as a symbol of the Citq's heritage, beauty and image. Heritage Trees
shall include specimens of the following species which have reached the designated
maturity (diameter): Platanus racemosa, (California Sycamore) which exceed twelve (12)
inches in diameter when measured at a point four (4) feet above the natural grade at the
base of the tree; Umbellularia californica, (California Bay Laurel) which exceed eight (8)
inches in diameter when measured at a point four (4) feet above the natural grade at the
base of the tree; Juglans californica, (California Black Walnut) which exceed eight (8)
inches in diameter when measured at a point four (4) feet above the natural grade at the
base of the tree; Heteromeles (Photinia) arbutafolia, (California Holly) or (Toyon) which
exceeds eight (8) inches in diameter when measured at a point four (4) feet above the
natural grade at the base of the tree. Trees with multiple trunks shall be deemed to have
reached maturity if the sum of the diameters of the multiple trunks exceeds the required
diameter plus two (2) inches of a single trunked tree. Heritage Trees shall also include
all designated oak trees. Likewise, Heritage Trees shall also include any tree(s), of any
type, designated as Heritage Trees by the Planning Commission or City Council during
review of any land use entitlement request and which trees are required to be preserved
as a condition of that City approved entitlement, land division, or tract map. This
designation shall continue whether or not the use for which the entitlement is issued is
inaugurated or the land division or tract map is recorded.
"Heritage Tree Preservation and Policy Guidelineg" shall mean the policy
established by the City Council and the administrative procedures and rules established
by the Planning Commission for implementation of the Guidelines.
"Oak tred" shall mean any oak tree of the genus Quercus including, but not limited to,
California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus
dumosa), Engelman Oak (Quercus engeimannii), Scrub Oak (Quercus berberidifolia),
and Valley Oak (Quercus lobata), upon reaching four (4) inches in diameter..
`"`OwneP" means the legal owner of real property within the City of Temecula and any
lessee of the owner.
'"'Persod" means any individual, firm, association, corporation, organization, or
partnership or any city, county, district, the State or any department or agency thereof.
(14 Cal. Code of Regulations, Sec.3501)
"Planning Directoi"' or""DirectoP" means the Director of Planning of the City of
Temecula, or his or her duly delegated representative.
'"'Protected Zone' or""Tree Protection Zond" shall mean a specifically defined area
totally encompassing a Heritage Tree within which work activities are strictly controlled.
When depicted on a map, the outermost edge of the protected zone will appear as an
irregular shaped circle that follows the contour of the drip line of the tree. Using the drip
line as a point of reference, the protected zone shall commence at a point five (5) feet
15
outside of the drip line and extend inward to the trunk of the tree. In no case shall the
protected zone be less than fifteen (15) feet from the trunk of a Heritage Tree.
'"'Pruning"' means the removal of water sprouts, crossed limbs, or other unhealthy
branching structure as designated by the International Society of Arboriculture (ISA).
Such removal shall not change the natural form of the tree, shall not consist of stubbing
or heading back branches, and shall in no case consist of removing more of the total
tree canopy than recommended under ISA.
'"'Relocation" means the transplanting of a tree from its original location to another
suitable location.
'"`Removal" means the physical removal of a tree, or causing the death or untimely
decline or a tree through actions including but not limited to damage, destruction,
unnecessary disfigurement, withholding water, poisoning, or other deliberate or willful
action or inaction.
`"'Right-of-Way" or'"`Public Right-of-Way" means, for purposes of this Ordinance, the
dedicated street right-of-way, or recorded easements for routine maintenance and/or
utility purposes, located within the City of Temecula.
""Routine Maintenance" means the actions needed for the continued health of the tree
including but not limited to, the removal of deadwood or storm damaged branches, light
pruning to improve scaffolding, and removal of branches less than one inch (1") in
diameter.
`Site" means the real property on which activities subject to these Guidelines may
occur.
'"'Tree" means, for purposes of these Guidelines, a Heritage Tree.
`"`Tree Canopy" means the top layer or crown of mature trees.
""Trimming" (sett"'Cutting").
"'Urban Forest" means the natural resource composed of all tree on public and private
property within the City limits and sphere of influence.
16
Section 5.0
HERITAGE TREE INVENTORY LISTING
Staff shall prepare a City-wide inventory of Heritage Trees using the City's Global
Positioning System (GPS) as Heritage Trees are identified through discretionary permit
application review or through the nomination process. City staff shall prepare an exhibit
graphically depicting the location of Heritage Trees throughout the City. Prior to
authorizing ground disturbing activity, staff will review this exhibit and follow-up field
visits by a certified arborist may be necessary to confirm the species, health and
desirability of such trees in accordance with the provisions of these Guidelines.
While it is expected that most development projects that follow these Guidelines will
reduce project impacts on Heritage Trees to a level of insignificance, these Guidelines
do not exempt a project from being reviewed pursuant to the California Environmental
Quality Act (CEQA) and being evaluated for significant project impacts to Heritage
Trees.
5.1 Heritage Tree Inventory:
The Heritage Tree Inventory is attached to these Guidelines as Appendix A and provides
useful information to property owners, private contractors and City employees whenever
any development activity is planned or performed near a Heritage Tree. The Planning
Director shall have the authority to update the Heritage Tree inventory on an as-needed
basis as Heritage Trees are identified. Only trees designated by the Planning Director
or the Planning Commission as Heritage Trees shall be added to the inventory.
5.2 Sensitive and Protected Areas:
In particular, native trees located within areas identified by the General Plan Land Use
map as Open Space, or otherwise protected lands such as riparian areas and important
wildlife movement corridors (MSHCP) will be included in the inventory as Heritage
Trees. An exhibit showing the approximate location of riparian areas is included as
Appendix B of these Guidelines. An exhibit showing the approximate location of
important wildlife corridors is included as Appendix C of these Guidelines. The City's
Land Use map is available for viewing at the Planning Department or on the City's
website ahmxammvca~lla .
5.3 Heritage Tree Nomination Process:
The City of Temecula has several species of native and non-native trees of significant
size and quality that contribute in a positive way to our community's environment and
heritage. Healthy and properly maintained trees increase property values, provide
shade and heat dissipation, help to prevent erosion of the topsoil, reduce air pollution,
and improve our psychological well-being and beautify our community.
The purpose of the Heritage Tree Nomination process is to protect and preserve a
variety of native and non-native trees on public and private property whose visual and
historic importance to the community is sufficient to justify special efforts to protect and
17
preserve them. Heritage Tree Nomination applications shall be accepted from the public
at large when endorsed by the property owner. The Planning Commission shall have
approval authority for Heritage Tree Nomination applications. An example of the
Heritage Tree Nomination form and acceptance criteria is attached to these Guidelines
as Appendix D, and copies may be obtained from the Planning Department or the City's
website afimam w.zjkdTIsny=WIJftzM .
18
APPENDIX A
HERITAGE TREE LOCATION MAP
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RIPARIAN AREAS
APPENDIX C
IMPORTANT WILDLIFE MOVEMENT
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APPENDIX D
HERITAGE TREE PRUNING/REMOVAL PERMIT APPLICATION
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
(951) 694-6400 FAX (951) 694-6477
E-Mail: www.cityoftemecula.org
Date Stamp
Heritage Tree Pruning/Relocation/Removal
Planning Application
PROJECT INFORMATION;
(INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED)
TREE DESCRIPTION:
Heritage Tree name (species and common name):
Number of trees:
Street address:
Parcel Number:
Location of Tree: ❑ Front yard ❑ Rear yard ❑ Side yard ❑ Corner-side yard
❑ Public right-of-way❑ Public lands
❑ Other:
GPS units (OPTIONAL):
❑ Not sure
Height
Average canopy width'
Circumference at chest levelz
Circumference at ground level3
feet
feet
inches
inches
1 Distance from one edge to opposite edge of tree canopy
2 Distance around trunk at 4 ft off the ground. htto://www.isa-arbor.com/publications/tree-ord/heritage.aspx
3 Distance around trunk on the ground where the trunk meets the soil.
The Planning Commission will use the following criteria to evaluate each Heritage Tree
Application. If you need more space to describe the tree, please attach additional sheets.
APPLICANT/OWNER INFORMATION:
Name of Applicant:
Address:
City: State: Zip:
Phone (day) Fax E-mail:
Name of Property Owner:
Mailing Address:
City: State: Zip:
REASON FOR WORK BEING DONE: (Briefly describe the reason for pruning, relocating or
removing the Heritage Tree)
Heritage Tree pruning must be performed in accordance with the most recently
Published standards of the International Society of Arboriculture (ISA):
I have received and have read a copy of the International Society of Arboriculture requirements
for tree pruning: 0 Yes ❑ No
Applicant or Property Owner Name and Signature
I will retain the services of an ISA certified arborist to perform and/or supervise the pruning work
of the Heritage Tree. ❑ Yes 0 No
Arborist's Name, Signature, and Certification Number
If the property owner does not retain a certified arborist, the City will require the pruning
work to be monitored by qualified city staff at the property owner's expense.
APPENDIX E
HERITAGE TREE NOMINATION FORM
Heritage Tree Nomination Form
Disclaimer: Any information you include on this form will be part of the public record.
Anyone may request to see the information you submit for a Heritage Tree nomination.
For more legal information, see the last page of this form.
Who can nominate a Heritage tree?
• The Planning Commission may nominate a tree.
• The head of a City department or agency may nominate a tree on property under
their jurisdiction. City departments and agencies should conduct an internal
approval process before nominating a tree.
• A property owner may nominate a tree on his or her property.
• A member of the public may nominate a tree with consent of the property owner.
I am one of the following authorized nominators
❑ Property owner
❑ Head of a City Department or Agency
❑ Planning Commission member
Please note that a permit will be required for any future removal of a Heritage tree.
Pursuant to Ordinance 09-_, the City of Temecula requests the following information.
Authorized nominator (Planning
Commission, Head of City Department,
Property Owner):
Address
Address
Phone (day)
Fax #
Email
Property owner:
Name
Address
Address
Phone (day)
Fax #
Email
Member of the public who initiated
nomination (if applicable):
Name
Address
Address
Phone (day)
Fax #
Email
I am an authorized nominator and I support this nomination.
Signature
Date
I am the property owner and I grant permission for city staff to evaluate the nominated
tree on the property with advance notice.
Signature
Date
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
(951) 694-6400 FAX (951) 694-6477
E-Mail: www.cityoftemecula.org
Date Stamp
Heritage Tree Nomination
Planning Application
s PROJECT INFORMATION
(INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED)
TREE DESCRIPTION
Tree name (species and common name):
Number of trees:
Street address:
Location of Tree: ❑ Front yard ❑ Rear yard ❑ Side yard ❑ Corner-side yard
❑ Public right-of-way ❑ Public lands ❑ Not sure
❑ Other:
GPS units (OPTIONAL):
Height feet
Average canopy width' feet
Circumference at chest level
Circumference at ground level3
inches
inches
1 Distance from one edge to opposite edge of tree canopy -
2 Distance around trunk at 4.5 ft off the ground. hltp://www.isa-arbor.com/publications/tree-ord/heritage.asi)
3 Distance around trunk on the ground where the trunk meets the soil.
The Planning Commission will use the following criteria to evaluate each Heritage Tree Application. If
you need more space to describe the tree, please attach additional sheets.
Rarity: -Rare -Uncommon -Common -Other
Unusual species in Temecula. Also consider rarity in California, North America, world.
Comment:
Size: -Large -Medium -Small
Notable size (height, diameter, canopy width) compared to other trees of the same species.
Comment:
Age: Significantly advanced age for this species (known or estimated).
Comment:
Historical Association: - Yes None apparent
Related to a historic or cultural building, site, street, person, event, etc.
Describe nature of appreciation:
Ethnic appreciation: -Yes -None apparent
Particular value to certain ethnic groups in neighborhood or city.
Describe nature of appreciation:
Neighborhood appreciation: Yes None apparent
Multiple indicators such as letters of support, petition, outdoor gatherings, celebrations adjacent or related
to tree, etc. Attach documentation:
Describe:
Planting defines neighborhood character: Yes
Contributes to neighborhood aesthetic.
Describe contribution:
No
Profiled in a publication or other media: Yes Unknown
Tree has received print, internet, and/or video media coverage. Attach documentation if appropriate.
Describe coverage:
High traffic area: Yes No
High visibility, possible traffic calming effect.
Describe:
Low tree density: Low Moderate
Tree exists in a neighborhood with very few trees.
Describe:
Extends between multiple properties: Yes
High visibility, multiple neighbors share tree.
Describe:
-High
No
Accessible from public right-of-way:
High visibility.
Describe:
Yes No
Important wildlife habitat: Yes No
Wildlife shelter and/or food (observed or potential). Describe and be as specific as possible.
Interdependent group of trees: Yes No
This tree forms a supercanopy and removing it may have an adverse impact on adjacent trees.
Describe:
Erosion control:
Tree prevents soil erosion.
Describe:
-Yes -No
Wind or sound barrier: Yes No
Tree reduces wind speed or mitigates undesirable noise.
Describe:
Prominent landscape feature: Yes No
A striking and outstanding natural feature.
Describe, attach photo if possible:
Character-defining form: Yes No
Tree is an example of good form for its particular species.
Describe:
Tree condition: Good Poor Hazard
Consider overall tree health-and structure, and whether or not tree poses a hazard
Describe:
Additional comments
If you have any questions about this form, tree terms or tree concepts, please contact the
Planning Department staff (below). It is acceptable if you cannot provide some of the information
requested on this form.
A photograph of the tree must be submitted with this form.
Please attach optional supporting documents such as letters, arborist report, etc.
Send to: Planning Department, P.O. Box 9033, Temecula, CA 92589-9033, (951) 694-6400.
Any information you submit will be part of the public record.
The Public Records Act defines a "public record" broadly to include "any writing containing information relating to the conduct of the
public's business prepared, owned, used or retained by any state or local agency, regardless of the physical form or characteristics.
Govt. Code § 6252(e). Pursuant to the Public Records Act, this document is a public record and will be available to the public upon
request, at the hearing site, at the Temecula Main Library, and on the City's website.
Application received date Received by
Tree evaluation form
Planning Commission Decision
Heritage Tree # Title recorded date
STAFF REPORT- PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
DATE OF MEETING: February 18, 2009
PREPARED BY: Emery J. Papp, AICP, Senior Planner
PROJECT Planning Application Number LR08-0019, review the proposed
SUMMARY: Heritage Tree Ordinance, adding new Chapter 8.48 to Title 8 of the
Municipal Code, and recommend that the City Council adopt the
Ordinance
CEQA: N/A
Section 15061.(b)(3)
BACKGROUND SUMMARY
On April 16, 2008, staff presented the proposed Heritage Tree Ordinance to the Planning
Commission. At that meeting, the Commission asked that the following concerns be addressed
by staff:
• Review by a certified arborist prior to adoption of Ordinance and the Protection Manual
• Resolve inequity in application due to Single Family Residential property exemption
• Evaluate impacts on future Capital Improvement Projects
• Size of the tree (e.g. diameter or circumference) should not be the only criteria for
designation as a Heritage Tree
• Add provisions to protect slow growing species
• Evaluate potential impacts on solar easements resulting from unchecked growth
• Impose stiffer penalties for willful destruction of a Heritage Tree
• Redefine what constitutes a violation
• Redefine "Root Protection Zone"
Staff prepared a revised Heritage Tree Ordinance and Preservation and Protection Manual
addressing each of these concerns. The revised Heritage Tree Ordinance was presented to the
Planning Commission on January 21, 2009. The Commission once again expressed several
concerns with the proposed Ordinance and continued the item after providing the following
direction to staff:
• Simplify the Ordinance
• Specify which species of trees are to be protected
• Create a Heritage Tree Inventory
• Specify that the Ordinance shall apply to new development that requires approval of a
discretionary permit
• Redefine the size of Oak Trees to a minimum 4-inch diameter as opposed to "any size"
• Remove the exemption for'/-acre residential parcel sizes
• Remove the Heritage Tree Preservation Zone Maps from the Manual
Staff has completed revisions to the draft Heritage Tree Ordinance and the accompanying
Heritage Tree Preservation and Protection Guidelines, and believes that all of the concerns
expressed by the Planning Commission at its January 21, 2009 meeting have been addressed.
ANALYSIS
Pursuant to the discussion from the January 21, 2009 Planning Commission meeting, staff has
revised the Ordinance to focus on new construction only that requires a discretionary permit.
However, trees designated as Heritage Trees by nomination shall be subject to the same rules
and regulations for protection and preservation as those designated through the development
review process. The following discussions describe the proposed changes to the draft Heritage
Tree Ordinance and Preservation and Protection Guidelines.
Sianificant Revisions to Ordinance
Section 8.48.110, Purpose, has been expanded to clearly state that the species to be protected
include: Oak Trees, California Bay Laurel, California Black Walnut, California Holly, California
Sycamore, and trees of sufficient importance to the City (e.g. nominated for a Heritage Tree).
Section 8.48.110, Purpose, also clearly states the new regulations apply to new development
applications that require a discretionary permit.
Section 8.48.130, Heritage Tree Preservation and Protection Plan, clearly states that for
discretionary permits, the applicant shall hire a certified arborist or licensed landscape architect
to prepare a complete tree inventory for the proposed project site. If potential Heritage Trees
are identified, a certified arborist shall prepare a Preservation and Protection Plan for the
potential Heritage Trees identified on the site. This Plan shall be prepared using the City's
guidelines and best management practices deemed appropriate for the site by the arborist.
A new provision, Section 8.48.140 F., permits the City to exercise its police powers to designate
any tree within the City as a Heritage Tree if it makes findings that the tree is thought to be
related to an historic event, person, place, or happening, or that a multitude of criteria on the
nomination form can be met. This provision was added upon request by Commissioner Telesio
who expressed concern that extraordinarily significant trees on currently developed property
could be removed unregulated.
A new provision, Section 8.48.140 G., requires that any tree designated as a Heritage Tree will
require the property owner to record with the Riverside County Clerk and Recorder's Office a
covenant on the property to run with the land (title). The applicant shall pay the recordation
fees.
A new provision, Section 8.48.140 G.1., requires that if the City Council designates a tree as a
Heritage Tree under Section 8.48.140 F., the City shall pay the recordation fee for the covenant.
The previously proposed exemption for '/-acre residential parcels, Section 8.48.210, has been
removed because the focus has changed to new development only.
Minor Revisions to Ordinance:
2
An effective date has been added (30 days after City Council approval) to Section 8.48.110,
Purpose.
A definition for "Discretionary Permit" has been added to Section 8.48.120.
The definitions for "Native Tree" and "Non-Native Tree" have been removed from Section
8.48.120 and references to these definitions have also been removed from the Ordinance.
A definition for "Special District" has been added to Section 8.48.120
Additional Plannina Commission Concerns:
Commissioner Chiniaeff conveyed that the City Council should consider creating a Tree
Commission if this Ordinance is adopted. At the time this report was prepared, the City Council
Heritage Tree Subcommittee was not in favor of creating a new Commission.
Commissioner Chiniaeff expressed concern that establishing a Tree Protection Zone around a
Heritage Tree to protect it from grading and ground disturbing activities would constitute a
taking. However, the Ordinance permits activity within this zone including pruning, root cutting,
relocation or removal, when mitigation for such activity is provided.
Potential Fiscal Impacts Resulting from Ordinance:
An applicant for a discretionary permit will need to hire a certified arborist or licensed landscape
architect to complete a tree inventory and, if Heritage Trees are identified, a certified arborist to
prepare a Protection Plan. Costs are unknown at this time and will vary from project to project
as each site is unique.
An applicant/owner of a project site will need to record covenants for the protection of Heritage
Trees. The cost is approximately $60 per recordation. For trees designated as Heritage Trees
through City Council action, the City should pay the fee.
To ensure proper long-term maintenance and care for Heritage Trees, an application has been
created for a Heritage Tree Pruning/Relocation/Removal Permit. This application can be found
in the Heritage Tree Preservation and Protection Guidelines as Appendix D. Staff time will be
involved in accepting, reviewing and processing the application. Staff is currently working with
the Finance Department to estimate a fee for this application.
Staff time will also be involved in accepting, reviewing and processing Heritage Tree Nomination
Applications and preparing them for public hearing. Nomination applications can be found in the
Heritage Tree Preservation and Protection Guidelines as Appendix E. Staff time will be involved
in accepting, reviewing and processing each application. Staff is currently working with the
Finance Department to estimate a fee for this application.
Heritage Tree Preservation and Protection Guidelines:
The accompanying Heritage Tree Preservation and Protection Guidelines (formerly Manual)
have been modified to address the changes in the Ordinance. Section 1.1 of the Guidelines
was revised to state that they shall serve as a model for certified arborists to use as the basis
for preparing Heritage Tree Preservation and Protection Plans. Moreover, Section 1.2 of the
Guidelines states that Best Management Practices shall be utilized, in the arborist's professional
judgment, based upon the unique circumstances of a project site. Section 1.3 of the Guidelines
was revised to indicate that the Planning Commission shall have authority to change, update or
revise the Guidelines.
Minor corrections were made to Sections 2.0, 3.0, and 4.0 of the Guidelines to accommodate
changes in the proposed Ordinance.
Significant revisions were made to Section 5.0 with regard to creating a Heritage Tree Inventory.
This Section requires staff to prepare, and update on an as-needed basis, an exhibit which
shows the locations of Heritage Trees throughout the City as they are identified through the
development review process or by nomination. The previously identified "Heritage Tree Zones"
have been deleted. As such, the original Appendix A has been deleted and a Heritage Tree
Location Map has been added in its place. The remaining Appendices are unchanged.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Californian on February 7, 2009.
ENVIRONMENTAL DETERMINATION
Staff has determined that Ordinance No. 09- (Heritage Tree Ordinance) is exempt from the
requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the
California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that
there is no possibility that the Ordinance will have a significant effect on the environment. The
Ordinance will have no adverse environmental affects because it will protect and preserve
significant trees within the City of Temecula.
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending that the City
Council approve an Amendment to Title 8 of the Temecula Municipal Code.
ATTACHMENTS
PC Resolution
Exhibit A - Draft CC Ordinance
Heritage Tree Preservation and Protection Guidelines
PC 1-21-09 Staff Report
PC 4-16-08 Staff Report
Notice of Public Hearing
DEPARTMENTAL
REPORTS
ITEM NO. 17
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Richardson, City Planner
DATE: March 24, 2009
SUBJECT: Monthly Report
The following are the recent highlights for the Planning Division of the Community Development
Department for the month of February 2009.
CURRENT PLANNING ACTIVITIES
KIP\A/ r'.S1CPC
The Division received 90 new applications for administrative, other minor cases, and home
occupations including 6 applications for public hearings during the month of February. The new
public hearing cases are as follows:
CONDITIONAL USE PERMIT
2
DEVELOPMENT PLAN
1
SIGN PROGRAM
1
TENTATIVE PARCEL MAP
1
MINOR MODIFICATION
1
SPECIAL PROJECTS & LONG RANGE PLANNING ACTIVITIES
The Long Range Planning Division commits work efforts toward larger scale and longer time frame
projects for both private and public purposes. These activities can range from a relatively simple
ordinance or environmental review to a new specific plan or a general plan amendment. Some of
the major special projects and long range planning activities currently in progress are described in
the paragraphs below:
Temecula Regional Hospital - This project was approved bythe City Council on January 22,
2008. The CEQA challenge period for the Supplemental EIR expired on February 28, 2008.
No legal challenges were filed regarding the SEIR. The CEQA challenge period for the
second reading of the Zone Change expired on March 14, 2008. The City Attorney filed a
Return to the Writ of Mandate for the project with the Riverside County Superior Court on
March 20, 2008. The applicant has indicated that building plan review by the Office of
Statewide Health Planning and Development is nearly complete and has been in contact
with staff regarding permits for rough grading. (FISK)
General Plan Housing Element Update - State law requires the City to adopt an update to
the Housing Element by June 30, 2008 and it must be certified by the State Department of
Housing and Community Development (HCD) by December 31, 2008. A draft version of the
Housing Element was sent to HCD on February 12, 2008 to begin its 60-day review and
comment period. Staff received comments on the draft Housing Element from the California
Department of Housing and Community Development (HCD) on April 13, 2008. Based on
these comments, staff prepared a revised draft and submitted to HCD for a second 60 -day
review on July 2, 2008. Preliminary HCD comments were received on September 8, 2008.
Redevelopment Agency staff continues to work with HCD staff to review areas of concern
prior to submitting for a formal final review. Additional written comments were received from
HCD on January 20, 2009. RDA staff is revising the final draft based on HCD's January
letter. Staff anticipates submitting the final draft Housing Element to HCD by the end of
February 2009. A revised timeline has been prepared that anticipates a Planning
Commission hearing in May, 2009 and a City Council hearing in June, 2009. Upon adoption
by the City Council, the Housing Element will be submitted a final time to HCD for a 90-day
Certification review. (PAPP)
Nicolas Valley Rural Preservation Area - Staff has prepared a conceptual land use plan and
conceptual financing options to pay for needed road improvements. A third workshop was
held on November 29, 2007 where information on infrastructure options and recommended
density was provided to residents and interested parties. The results of a survey conducted
that evening indicated that a majority of property owners favor the formation of an
Assessment District and favor increased density. Staff held a briefing meeting with the
Nicolas Valley City Council Subcommittee on January 31, 2008 to discuss findings and to
seek further direction. Staff met with the City Manager in March to discuss scope of work,
timing and budget. A community meeting was held on June 17, 2008 to provide an update
on the process. Approximately 20 residents attended. Staff indicated to the residents that it
is the City's intent to run parallel processes for the Assessment District/Leifer Road
Improvement Plans and the General Plan/Zone Changes to increase the density, and that
we anticipated the process to take between 18 to 24 months. Staff agreed to provide
website and email updates on a quarterly basis to the residents on the project progress. An
internal staff meeting (Planning, Public Works, TCSD, and Finance) was held on August 6 to
discuss timelines, budget, work tasks, and priorities. Staff is working on constraints/lotting
analyses to develop firm numbers for assessment district fiscal analysis. In addition, staff
has hired Bob LaCoss (PDS) to prepare Design Guidelines and will be hiring a consultantto
prepare an EIR. A community meeting to discuss community character and design was held
on October 21. Approximately 40-50 people attended the meeting. Planning staff briefly
brought everyone up to speed on the process and where we are and then introduced Bob
LaCoss who is the consultant hired to prepare the Design Guidelines. It was the consensus
of the attendees that they wanted Guidelines which would protect the rural nature of Nicolas
Valley. They also mentioned that farming, equestrian uses, vineyard themes, Palomar
Mountain and the Santa Gertrudis Creek were things that they associated with Nicolas
Valley. Staff held a community meeting on February 26, 2009, where 70-80 residents
attended. Concerns regarding road cost, financing mechanisms and zoning densities were
discussed. The next community meeting is scheduled for March 19, 2009 to explain in more
detail all zoning options, financing, and the community survey to be mailed following the
meeting. The survey will be mailed to property owners and residents to determine support
for proposed zone change (2.5 acres, 1 acre, or acre minimums) due to responses
received from various property owners that'/ acre is not wanted; the surveywill also gauge
support for the future CFD. The Community Plan is on hold pending survey results. Staff
continues to work with consultants to prepare Hydrology Study (to map floodplain) and
Traffic Study for the area. (PETERSIKITZEROM
Transportation Planning - RTA has indicated they will pursue Federal Stimulus funding to
fast track the Temecula Transit Center. Planning and Engineering is working with RTA to
provide information needed to secure these funds. Staff is working with RTA staff on the
routing details of the Harveston Trolley. Two options are being considered which would
connect the Harveston community to the Mall area and Old Town Temecula. Both weekday
and weekend routes are being considered. Staff is also working with WRCOG, SCAG,
ROTC, RTA and SANDAG, through the 1-15 Interregional Partnership (1-151RP), on a Smart
Growth Concept Map, which will coordinate land use and transportation decisions to
accomplish the goals of SB 375 and AB 32. The SANDAG Smart Growth Map Working
Group held their first meeting on March 9, 2009. Their first task is to identify place types that
have transit connections and establish employment and density criteria. (WESTIINNES)
Heritage Tree Ordinance - Staff has prepared a Heritage Tree Ordinance which will protect
certain tree species and other significant trees throughout the City. The item was reviewed
by the Planning Commission on April 16, 2008, on January 21, 2009 and on February 18,
2009. Staff has addressed all of the concerns expressed by the Planning Commission and
the Commission unanimously recommended approval of the proposed Heritage Tree
Ordinance. This item is scheduled for City Council on March 24, 2009. (PAPP)
Procedures to Implement CEQA - The Planning Department hired Environmental Science
Associates to prepare a policy document that will identify thresholds of significance to
provide direction to staff regarding the level of environmental analysis required for new
projects. This project will also include local guidelines and a procedure manual for
processing CEQA documents, including the adoption of local exemptions, significance
thresholds, and procedures for the City to contract for the preparation of Environmental
Impact Reports. This effort has been expanded to include internal procedures for
coordinating the environmental review of Capital Improvement Projects. Staff will be
presenting the Handbooks to Planning Commission on March 4, 2009 City Council on March
10, 2009. CEQA thresholds portion of this work effort is currently on-hold pending the
update to the Circulation Element. (KITZEROWISCHUMAIWEST)
Sustainability Program - The Teams have identified Implementation Programs which will
achieve the goals previously identified. A City Sustainability Committee is currently being
scheduled for late March to review and provide direction on the proposed implementation
programs. Staff has also developed a Sustainability webpage, which will be used as a
means for providing information to the community, as well as a means for receiving
feedback from the community regarding the City's Sustainability Program efforts. The
webpage went live on February 18, 2009. Staff continues to work with WROCG to begin a
Green House Gas (GHG) Emissions Inventory of City operations and community GHGs and
to develop a Climate Action Plan, which when completed will be incorporated into the City
Sustainability Plan. (WESTILECOMTE)
Small Wind Energy Conversion System Ordinance - Staff is developing a Small Wind
Energy Conversion Ordinance, which would allow for the safe, effective and efficient use of
small wind energy systems to be installed within commercial and residential zoning districts
to reduce on-site consumption of utility supplied electricity. This ordinance is a component
of Sustainability Program and Temecula Energy Efficiencyand Independence Program. At
the February 4, 2009 Planning Commission meeting, a subcommittee was created to
address both potential aesthetics and height issues if the City is to allow small wind energy
conversion systems. This item is anticipated to be heard by the Planning Commission on
April 15. (WEST)
Santa Margarita Area Annexation - On November 19, 2008, the Planning Commission
recommended approval to proceed with an application to the Riverside County Local Agency
Formation Commission to expand the City's Sphere of Influence and annex the Santa
Margarita Area consisting of approximately 4,997 acres located immediately southwest of
the City. On December 9, 2008, the City Council adopted Resolutions in favor of the Sphere
of Expansion and Annexation. The City Council also certified the Environmental Impact
Report for this project on December 9, 2008. Staff filed an application with LAFCO on
December 17, 2008 and anticipates the LAFCO Sphere of Influence and Annexation hearing
to be heard on June 4, 2009. (LOWREYIINESTIINNES)
Development Code Update - Staff is preparing an update of the Development Code with
various changes that include: codification of the City's current policywhich allows directional
signs for colleges and universities; amendment to large family daycares consistent with
State Law; removal of granny flats from the code consistent with State Law; Update the
square footage allowance for guest houses to be the same as what is allowed for second
dwelling units; wine tasting to require a CUP (unless the applicant is also a wine maker),
minimize requirements of applicants in order to process Extensions of Time, minimize
requirements which trigger processing a sign program, ensure development code is
consistent with the Parade/Special Event Ordinance being presented by City Manager's
office, and other minor clarifications within the Code. A public hearing is anticipated for
Planning Commission on May 6, 2009 and Planning Commission recommendations will be
brought forward to the City Council on May 26, 2009. (LOWREY)
Old Town Specific Plan Update - Staff is working in conjunction with consulting firms Inland
Planning+Design and Fehr and Peers (parking and circulation) to prepare an update to the
Old Town Specific Plan that addresses the ten goals and recommendations for Old Town
presented to City Council on March 25, 2008. On August 11, 2008, the Old Town Local
Review Board formed a steering committee forthe Specific Plan Update currently consisting
of Board Members Blair and Moore, with the purpose of this committee being to provide the
Old Town Local Review Board with additional opportunities to review and comment on
concepts and preliminary plans as the Specific Plan update progresses and for the
committee to report back to the other Board members on the progress of the update.
Commissioners Chiniaeff and Guerriero are also members of the Steering Committee, which
most recently met on March 3, 2009 to review progress on the design guidelines for the
Specific Plan Amendment. Staff intends to complete the first draft of the Specific Plan
Amendment in June 2009, to present the draft update to the public in July 2009, and to bring
the updated plan to the Old Town Local Review Board for review in August 2009, to the
Planning Commission for review in September 2009, and to City Council for review in
October 2009. (FISK)
Planning Agenda Report
2/1/2009 through 2/28/2009
Recently Approved
APN #
• PA08-0253 The Edge Restaurant CUP 922033009 ERIC JONES
A Minor Conditional Use Permit to allow the Edge Restaurant & Lounge to pursue a Type 47 ABC license and live
entertainment.
Submitted Date Approved Date
11/3/2008 Feb 26 2009
Nrrv if
• PA08-0268 Truax Parcel Map No. 36008 922043012 CHERYL KITZEROW/MATT PETERS
A Tentative Parcel Map (36008) to consolidate six existing parcels into one parcel for the Truax Building (PA08-
0008), located at the northwest corner of Mercedes and Second Streets in Old Town
Submitted Date Approved Date
11/25/2008 Feb 19 2009
1 of 5
Planning Agenda Report
2/1/2009 through 2/28/2009
2, Scheduled for Hearing
APN #
• PA07-0129 TEMECULA VALLEY CHEESE CO 922035019 KATIE LECOMTE
CUP
A Minor Conditional Use Permit to authorize Temecula Valley Cheese Company, located at 42072 5th Street, to
serve wine and beer by the glass their existing facility (Type-42 license), and to allow the business to sell packaged
beer and wine (Type-20 license) for consumption off the premises.
Submitted Date DRC Meeting Date Directors Hearing
4/26/2007 Mar 26 2009
AFN IF
• PA08-0125 Temecula Village PDO-5 Amend1 944290012 CHERYL KITZEROW/MATT PETERS
A Zoning Amendment to modify PDO-5 (Temecula Village) to permit Grocery Stores up to 15,000 square feet with a
Conditional Use Permit (currently allowed up to 10,000 SF w/CUP). Other changes include reducing landscape
buffer/setback along Rancho California Road from 25 to 20 feet and miscellaneous clean-up/references to previous
approvals. Temecula Village is located along the south side of Rancho California Road, east of Moraga Road.
(Associate projects PA08-0122 and PA08-0123 - Fresh and Easy DP/CUP)
Submitted Date
DRC Meeting Date
City Council
6/4/2008
6/26/2008
Apr 28 2009
2 of 5
Planning Agenda Report
2/1/2009 through 2/28/2009
3, New Submittals Pending DRC Meeting
APN #
• PA08-0143 BAILY'S RESTAURANT BANQUET 922046018 CHRISTINE DAMKO
TUP
A Major Temporary Use Permit to allow Baily's Restaurant to conduct banquets/events throughout the year within a
tent approximately 2,000 sqaure feet on restaurant property. Live entertainment is also part of this application.
Baily's Restaurant is located at the north west corner of Front Street and Second Street within the Old Town Specific
Plan.
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
6/25/2008 TBD
Mrrv ft
• PA09-0026 The Vault MCUP 909281011
KATIE LECOMTE
A Minor Conditional Use Permit to authorize recitals, live music, open mic, jam sessions and concerts within an
approximately 1,500 square foot assembly space in an existing 7,429 square foot suite (Temecula Valley School of
Music and the Arts/The Vault) located at 41607 Enterprise Circle North Suite A. The facility proposes to hold these
events on Thursday, Friday and Saturday nights from 7:30 p.m. to midnight. No alcohol or food with be served at
these events. Shared parking is proposed at Hydroscape Products located in the adjacent building to the east.
Hydroscape has agreed to allow the applicant to use their 28 parking spaces during the events permitted by this
permit.
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
1/27/2009 TBD
Mr IN ff
• PA09-0027 Crystal RidgeCC&R Deannexation 940310029 DANA SCHUMA
A Major Modification to the original development plan to re-define the boundaries of the Crystal Ridge Business
Park CC&Rs located on Ridge Park Drive.
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
1/27/2009 TBD
Mrrv M
• PA09-0039 Diaz Property 909370002 DANA SCHUMA
A Development Plan application for a multi-family residential project to construct 192 apartment units and a
recreation center on 11 acres totaling 279,539 square-feet. The project site is located on the northwest corner of
n:.~ 1:3--A -4 rlnnfw Porlrwav 1RPlatPr1 PA09-0040 and PA09-0041) (Former PR08-0059)
Submitted Date
Anticipated DRC Meeting Date
Planning Commision
2/5/2009
3/5/2009
Jun 17 2009
• PA09-0040
Diaz Property
909370002
DANA SCHUMA
A Tentative Parcel Map (TPM 36175) to subdivide 23 acres in to two parcels, one 19 acre parcel and one 11 acre
parcel, located on the northwest corner of Diaz Road and Dendy Parkway. (Related PA09-0039 and PA09-0041)
(Former PR08-0059)
Submitted Date Anticipated DRC Meeting Date Planning Commision
2/5/2009 3/5/2009 Jun 17 2009
APN #
• PA09-0041 Diaz Property 909370002 DANA SCHUMA
3 of 5
Planning Agenda Report
2/1/2009 through 2/28/2009
A Development Plan with a Conditional Use Permit to construct a 29,580 square foot waterpark on 12 acres located
on the northwest corner of Dendy Parkway and Diaz Road. (Related PA09-0039 and PA09-0040) (Former PR08-
MrIal
Submitted Date
Anticipated DRC Meeting Date
Planning Commision
2/5/2009
3/5/2009
Jun 17 2009
• PA09-0057 Temecula Berry Company TUP 957130015 DANA SCHUMA
A Major Temporary Use Permit for Temecula Berry Company, a u-pick berry farm located at 39700 Cantrell Road.
Submitted Date Anticipated DRC Meeting Date Administrators Hearing
2/20/2009 Mar 23 2009
Arrv rr
• PA09-0058 2009 Rotary Run 962020009 CHRISTINE DAMKO
A Major Temporary Use Permit for the Rotary Run on March 22, 2009 from 5:00 a.m. to noon. The 5k run route will
start and end at Great Oak High School and will affect the area surrounding Pechanga Parkway, Deer Hollow, Vail
Ranch Parkwav. and Nighthawk Pass Road.
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
2/20/2009 TBD
Arrv ff
• PA09-0059 HELP Ride Event 922073024 CHRISTINE DAMKO
A Major Temporary Use Permit for the first annual HELP Motorcycle Ride on August 29, 2009 in Old Town
Temecula. The event proposes to "show" motorcycles in the Stampede parking lot and on Front Street between
Second and Third Streets (street closure required) followed by a music concert on Quaid Harley Davidson property,
+ho c^i i+h mnei of r)Iri Town Front Rtreet-
Submitted Date
Anticipated DRC Meeting Date
No Hearing Planned
2/20/2009
AGAR H
TBD
• PA09-0061 Jehovah Witness Hall DP/CUP 957120019 BETSY LOWREY
A Development Plan with Conditional Use Permit to construct and operate a 9,958 square foot Religious Institution
(Kingdom Hall for the Jehovah Witness Congregation) on 3.15 acres within VL zoning, generally located on the
northeast corner of Calle Girasol and Aussie Avenue, at 31640 Calle Girasol (APN 927-340-020) (Related Pre-App
raca• pRnR-nn521
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
2/2312009 TBD
• PA09-0077 Cross Walk 2009 910300008 CHRISTINE DAMKO
A Major Temporary Use Permit for the 23rd Annual Crosswalk on April 10, 2009 from 11:00am to 3:00pm starting at
Tamakii r.inPmnq in Palm Plaza and ending at Sam Hicks Park in Old Town.
v v Submitted Date Anticipated DRC Meeting Date No Hearing Planned
3/2/2009 TBD
• PA09-0083 Lyndie Lane Major Mod 921760015 DANA SCHUMA
4of5
Planning Agenda Report
2/1/2009 through 2/28/2009
A Major Modification to an approved Development Plan (PA05-0305) to reduce the building size from 8,642 square
feet to 5.200 souare feet located at 29742 Rancho California Road.
Submitted Date
Anticipated DRC Meeting Date
No Hearing Planned
3/3/2009
4/2/2009
TBD
APN #
PA09-0084 Major TUP Breath Easy Ride 921070006 ERIC JONES
A Major Temporary Use Permit for the Breath Easy Ride Against Cystic Fibrosis to be held on March 29th at 28410
Old Town Front Street.
Submitted Date
Anticipated DRC Meeting Date
No Hearing Planned
3/4/2009
TBD
5of5
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PA09-0061
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PA09-0083 PA08-0143
PA08-0125
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Legend -
Planning Status - February 2009 ~
0 1. Recently Approved
0 2. Scheduled for Hearing
• 3. New Submittals Pending DRC Meeting
w~-
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~PA09-0058
ITEM NO. 18
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Shawn D. Nelson, City Manager
DATE: March 24, 2009
SUBJECT: City Council Travel/Conference Report - February 2009
PREPARED BY: Sue Steffen, Executive Assistant
RECOMMENDATION: Receive and file
On February 5th Council Member Ron Roberts traveled to Palm Desert to attend a Riverside County
Transportation Commission Workshop.
Attachments: Meeting Agenda
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
www.rctc.oiq
WORKSHOP AGENDA *
*Actions may be taken on any item listed on the agenda
FEBRUARY 5-6, 2009
SALON ROOM / AND /l
Embassy Suites Hotel Palm Desert
74-700 Highway 911, Palm Desert
In compliance with, the Brown Act and Government Code Section 54957.5, agenda materials
distributed 72 hours prior to the meeting, which are public records relating to open session agenda
items, will be available for inspection by members of the public prior to the meeting at the
Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission's
website, www.rcto.org.
In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if
you need special assistance to participate in a Commission meeting, please contact the Clerk of the
Board at (951) 787-7141. Notification of at feast 48 hours prior to meeting time will assist staff in
assuring that reasonable arrangements can be made to provide accessibility at the meeting.
2:30 P.M.
THURSDAY, FEBRUARY 5, 2009
2:30 p.m. - 2:45 p.m. WELCOME AND WORKSHOP OVERVIEW
Bob Magee, Chair
Anne Mayer Executive Director
2:45 p.m. - 4:15 p.m. DISCUSSION PANEL - FINANCING TRANSPORTATION
John Standiford, Deputy Executive Director
4:15 p.m. - 4:30 p.m. BREAK.
4:30 p.m. - 5:15 p.m. GOODS MOVEMENT ACTIVITIES
Tanya Love, Goods Movement Manager
This item is for the Commission to receive and file an
update regarding Commission-related goods movement
activities during the past year.
6:00 p.m. ADJOURNMENT
Riverside County Transportation Commission Workshop
February 5-6, 2009
The Commission workshop will continue at 8:30 a.m.,
Friday, February 6, 2009, Salon Room I and II,
Embassy Suites Hotel Palm Desert, 74-700 Highway
III, Palm Desert.
8.30 A.M.
FR/DAY, FEBRUARY 6 2009
8:30 a.m. - 8:45 a.m. RAYMOND WOLFE, CALTRANS DISTRICT DIRECTOR
- GUEST SPEAKER
8:45 - 9:15 a.m. RAIL ISSUES REVIEW
Sheldon Peterson, Rail Manager
This item is for the Commission to receive an oral
report and provide comments.
9:15 a.m. - 9:30 a.m. OVERVIEW OF WESTERN RIVERSIDE COUNTY
DELIVERY PLAN
Anne Mayer, Executive Director
9:30 a.m. - 10:00 a.m. OVERVIEW OF THE COMMISSION'S TOLL PROGRAM
Michael Blomquist, Toll Program Director
This item is for the Commission to receive an oral
report and provide comments.
10:00 a.m. - 10:30 a.m. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL -
ANTICIPATED LITIGATION
Pursuant to Subdivision (b) of Government Code
Section 54956.9
Number of cases: One
Riverside County Transportation Commission Workshop
February 5-6, 2009
10:30 - 10:45 a.m. PROJECT AND CONSTRUCTION MANAGEMENT FIRM
Michael Blomquist, Toll Program Director
This item is for the Commission to issue a request for
proposal (RFP) and commence a competitive selection
process for project and construction management
services. Staff will bring to the Commission a future
request to approve the selection process and award a
contract to the successful offerer.
10:45 - 11:00 a.m. MID COUNTY PARKWAY UPDATE
Cathy Bechtel, Project Development Director
This item is for the Commission to receive an oral
report and provide comments.
11:00 - 11:30 a.m. OVERVIEW OF CURRENT HIGHWAY PROJECTS
Marlin Feenstra, Project Delivery Director
This item is for the Commission to receive an oral
report and provide comments.
11:30 1:00 p.m. WORKSHOP WRAP UP AND CLOSING REMARKS
Bob Magee, Chair
Anne Mayer, Executive Director
1:00 P.M. ADJOURNMENT
The next Commission meeting is scheduled to be held
at 9:30 a.m., Wednesday, February 11, 2009,
Board Room, County of Riverside Administrative
Center, 4080 Lemon Street, First Floor, Riverside.
ITEM NO. 19
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: March 24, 2009
SUBJECT: Public Works Department Monthly Report
RECOMMENDATION: Receive and file the attached Department of Public Works Monthly
Activity Reports for the month of February, 2009.
MEMORANDUM
TO: Greg Butler, Director of Public Works
FR6~Rodney Tidwell, Maintenance Supervisor
DATE: March 5, 2009
SUBJECT: Monthly Activity Report - February, 2009
The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel
for the month of February, 2009:
1. SIGNS
A. Total signs replaced 34
B. Total signs installed 11
C. Total signs repaired 43
B. TREES
A. Total trees trimmed for sight distance and street sweeping concerns 14
III. ASPHALT REPAIRS
A. Total square feet of A. C. repairs 5,659
B. Total Tons 97
IV. CATCH BASINS
A. Total catch basins cleaned 411
V. RIGHT-OF-WAY WEED ABATEMENT
A. Total square footage for right-of-way abatement 28,000
VL GRAFFITI REMOVAL
A. Total locations 30
B. Total S.F. 4,003
VII. STENCILING
A. -0- New and repainted legends
B. 11,508 L.F. of new and repainted red curb and striping
R AMAINTAIMMOACTRM
Also, City Maintenance staff responded to 39 service order requests ranging from weed abatement, tree trimming,
sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 57 service order requests
for the month of January, 2009.
The Maintenance Crew has also put in 66 hours of overtime which includes standby time, special events and
response to street emergencies.
The total cost for Street Maintenance performed by Contractors for the month of February, 2009 was $16,569.68
compared to $3,960.00 for the month of January, 2009.
Account No. 5402 $ 5,890.00
Account No. 5401 $ 10,679.68
Account No. 999-5402 $ -0-
Electronic Copies:
Amer Attar - Principal Engineer (CIP)
Dan York - City Engineer
Jerry Gonzalez - Associate Engineer (Traffic)
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STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of February, 2009
DATE
DESCRIPTION
TOTAL COST
ACCOUNT
STREET/CHANNELBRIDGE
OF WORK
SIZE
CONTRACTOR: BECKER ENGINEERING
Date: 02/26/09
# 5402
BUTTERFIELD STAGE BRIDGE
REPAIR DAMAGED GUARD RAIL DUE TO T.C.
TOTAL COST
$ 2,115.00
Date: 02/02/09
CITYWIDE
A.C. SAW CUTTING FOR PW PATCH CREW
# 5402
TOTAL COST
$ 6,775.00
Date: 02/23/09
# 5401
JOHN WARNER RETENTION POND
REMOVAL OF SILT AND DEBRIS FROM POND
TOTAL COST
$ 3,024.88
Date: 02/23/09
# 5401
VALLEJO CHANNEL
REMOVAL OF SILT AND DEBRIS FROM CHANNEL
TOTAL COST
$ 7,654.80
CONTRACTOR:
Date:
TOTAL COST
Date:
#
TOTAL COST
CONTRACTOR:
Date:
TOTAL COST
Date:
TOTAL COST
TOTAL COST ACCOUNT #5401 $10,679.68
TOTAL COST ACCOUNT #5402 $ 5,890.00
TOTAL COST ACCOUNT #99-5402 - 0 -
R:\MAINTAIN OACTRP I'
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
ASPHALT (POTHOLES) REPAIRS
MONTH OF FEBRUARY; 2009
DATE
LOCATION
SCOPE OF WORK
S.F.
TOTAL'
TONS'
02/02/09
VINCENT MORAGA / BUSINESS PARK DRIVE
R & R A.C.
118
- 3
02/03/09
BUSINESS PARK DRIVE
R & R A.C.
288
5
02/04/09
CITYWIDE
POTHOLES/OVERLAYS
241
3
02/05/09
PAUBA AT VIA CERDA
R & R A.C.
325
8
02/09/08
CITYWIDE
POTHOLE REPAIR
52
TEMP A.C.
02/10109
MARGARITA
R & R A.C.
205
8.5
02/11/09
PAUSA E/O CERDA
R & R A.C.
817
18
02/12/09
MARGARITA AT RANCHO VISTA
R & R A.C.
200
7
02/17/09
CITYWIDE
POTHOLE REPAIR
105
TEMP A.C.
02/18/09
CITYWIDE
POTHOLE REPAIR
42
TEMP A.C.
02./1/8/09
PAUBA E/O VIA RAM]
R & R A.C.
450
11
02/19/09
PAUBA E/O VIA RAW
R & R A.C.
630
12
023/20/09
PAUBA E/O VIA RAMI
CAP BASE PAVE
285
4
02/23/09
LOS RANCHITOS AREA
MISCELLANEOUS R & R A.C.
164
3
02/24/09
CITYWIDE
MISCELLANEOUS R & R A.C.
316
4.5
02/26/09
RAINBOW CANYON ROAD
A.C. OVERLAY
1,018
6.5
02/27/09
OLD TOWN
R & R A.C.
403
3.5
TOTAL S.F. OF REPAIRS 5,659
TOTAL TONS 97
R:\MAINTAINI W KCMPLTD\ASPHALI'.RPR
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
CATCH BASIN MAINTENANCE
MONTH OF FEBRUARY, 2009
DATE
LOCATION
WORK COMPLETED
02/02/09
AREA #1
CLEANED & CHECKED
70 CATCH BASINS
02/02/09
CITYWIDE
CLEANED & CHECKED
24 CATCH BASINS
02/03/09
AREA #4
CLEANED & CHECKED
10 CATCH BASINS
02/03/09
AREA #3
CLEANED & CHECKED
28 CATCH BASINS
02/04/09
AREA #4
CLEANED & CHECKED
43 CATCH BASINS
02/04/09
AREA #4
CLEANED & CHECKED
44 CATCH BASINS
02/05/09
AREA #4
CLEANED & CHECKED
29 CATCH BASINS
02/05/09
AREA #5
CLEANED & CHECKED
24 CATCH BASINS
02/06/09
CITYWIDE "RAIN"
CLEANED & CHECKED
32 CATCH BASINS
02/09/09
CITYWIDE
CLEANED & CHECKED
21 CATCH BASINS
02/17/09
CITYWIDE
CLEANED & CHECKED
17 CATCH BASINS
02/17/09
CITYWIDE
CLEANED & CHECKED
11 CATCH BASINS
02/18/09
REDHAWK
CLEANED & CHECKED
18 CATCH BASINS
02/23/09
CITYWIDE -
CLEANED & CHECKED
26 CATCH BASINS
02/24/09
AREA#4
CLEANED & CHECKED
14 CATCH BASINS
TOTAL CATCH BASINS CLEANED & CHECKED 411
RAMAINTAlM W KCMPLEl MCATCHBA&
CITY OF TEMECUCA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAFFITI REMOVAL
MONTH OF FEBRUARY, 2009
DATE
7777 7
LOCATION
WORK'C,OMPLETED.
02/02/09
AVENIDA DE MISSIONS
REMOVED
30 S.F. OF GRAFFITI
02/02/09
1-15 FWY
REMOVED
90 S.F. OF GRAFFITI
02/02/09
MARGARITA AT STONEWOOD
REMOVED
123 S.F. OF GRAFFITI
02/02/09
SANTA GERTRUDIS CREEK
REMOVED
166 S.F. OF GRAFFITI
02/03/09
MARGARITA AT STONEWOOD
REMOVED
41 S.F. OF GRAFFITI
02/04/09
RANCHO CALIFORNIA ROAD AT MARGARITA CHANNEL
REMOVED
137 S.F. OF GRAFFITI
02/04/09
POCO VIA
REMOVED
36 S.F. OF GRAFFITI
02/05/09
MARGARITA S/0 SOLANA
REMOVED
45 S.F. OF GRAFFITI
02/09/09
LA SERENA AT BUTTERFIELD STAGE ROAD
REMOVED
80 S.F. OF GRAFFITI
02/09/09
31943 LEIGH LANE
REMOVED
70 S.F. OF GRAFFITI
02/09/09
MARGARITA S/0 AVENIDA CIMA DEL SOL
REMOVED
27 S.F. OF GRAFFITI
02/10/09
I-15 FWY CITY LIMIT TO CITY LIMIT
REMOVED
259 S.F. OF GRAFFITI
02/10/09
PECHANGA PARKWAY AT RAINBOW CANYON ROAD
REMOVED
200 S.F. OF GRAFFITI
02/11/09
YUKON AT LONG VALLEY
REMOVED
140 S.F. OF GRAFFITI
02/11/09
MONUMENT WALL SOUTH OF CITY
REMOVED
144 S.F. OF GRAFFITI
02/12/09
AREA #3
REMOVED
175 S.F. OF GRAFFITI
02/17/09
WINCHESTER AT CREEK
REMOVED
78 S.F. OF GRAFFITI
02/17/09
MARGARITA ROAD
REMOVED
24 S.F. OF GRAFFITI
02/17/09
BUTTERFIELD STAGE BRIDGE
REMOVED
20 S.F. OF GRAFFITI
02/18/09
LA SERENA
REMOVED
19 S.F. OF GRAFFITI
02/23/09
CAMINO SAN JOSE
REMOVED
7" S.F. OF GRAFFITI
02/23/09
VIA GILBERTO
REMOVED
121 S.F. OF GRAFFITI
02/23/09
WOLF CREEK
REMOVED
20 S.F. OF GRAFFITI
02/23/09
SANTA GERTRUDIS CREEK
REMOVED
323 S.F. OF GRAFFITI
02 24/09
SOLANA AT YNEZ
REMOVED
19 S.F. OF GRAFFITI
02/24/09
RANCHO VISTA AT AVENIDA DE LA REINA
REMOVED
104 S.F. OF GRAFFITI
02/25/09
VIA GILBERTO
REMOVED
13 S.F. OF GRAFFITI
R:\MAINTAIN\ W KCMPLTMGRAFFITI\
DATE
EOCATION
WOWCOMPLETED
02/26/09
6T" AT FELIX VALDEZ
REMOVED
80 S.F. OF GRAFFITI
02/27/09
GEORGETOWN
REMOVED
68 S.F. OF GRAFFITI
02/27/09
6T"STREET ATPUJOL
REMOVED
1,344 S.F. OF GRAFFITI
TOTAL S.F. GRAFFITI REMOVED 4,003
TOTAL LOCATIONS 30
R:\MAWAIMWKC WLTD\GRAFFITA
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CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SERVICE ORDER REQUEST LOG
MONTH OF FEBRUARY, 2009
DATE
REC'D
LOCATION
REQUEST
DATE WORK
COMPLETED
02/02/09
MORAGA
DEBRIS PICK-UP
02/02/09
02/02/09
HARVESTON DRIVE
SIGN REMOVAL
02/02/09
02/02/09
41411 AVENIDA DE LA REINA
TREE TRIMMING -
02/02/09
02/02/09
40319 ROSWELL COURT
OIL SPILL
02/02/09
02/03/09
TOWN CENTER DRIVE
DEBRIS PICK-UP
02/03/09
02/04/09
LEENA WAY
MISSING R-1
02/04/09
02/05/09
DEL REY ROAD
DEBRIS PICK-UP
02/05/09
02/05/09
DIAZ AT RIO NEDO
CLOSED ROAD T.C.
02/05/09
02/06/09
PAUBA ROAD
SIGN DOWN
02/06/09
01/06/09
MASTERS DRIVE
FLOODING
02/06/09
02/06/09
PUJOL
OIL BUCKETS
02/06/09
02/09/09
VIA MONTEZUMA
POTHOLE
02/09/09
02/09/09
WINCHESTER AT MALL
STREET FLOODING
02/09/09
02/09/09
45745 CLOUDBURST LANE
TREE REMOVAL
02/09/09
02/09/09
OLD TOWN FRONT AT 5TH STREET
S.N.S. REQUEST
02/09/09
02/09/09
TOWN CENTER
DEBRIS PICK-UP
02/09/09
02/10/09
LIEFER ROAD
ROAD GRADING
02/10/09
02/10/09
NIGHTHAWK
GRAFFITI
02/10/09
02/10/09
40236 HOLDEN CIRCLE
TREE TRIMMING
02/10/09
02/10/09
43954 GATEWOOD WAY
TREE TRIMMING
02/10/09
02/11/09
LOW FLOW
CONCERN
02/11/09
02/1/09
NICOLAS
FENCE DOWN
02/1/09
02/1/09
42065 ZEVO DRIVE
SIDEWALK REPAIR
02/11/09
02/12/09
33299 FOX ROAD
TREE TRIMMING
02/12/09
02/12/09
MARGARITA
DEBRIS PICK-UP
02/12/09
02/13/09
30533 MOONTIDE COURT
ROOT PRUNING
02/13/09
02/17/09
418465 TH STREET
ROOTS IN SEWER
02/17/09
R:WAINTAIM W RKCOMPLTD\SORS\
DATE
REC'D
LOCATION
REQUEST
DATE WORK
COMPLETED
02/17/09
HOPE WAY
DEBRIS PICK-UP
02/17/09
02/17/09
MEADOWS PARKWAY
SIGN DOWN
02/17/09
02/17/09
JEDEDIAH SMITH ROAD
POTHOLES
02/17/09
02/17/09
CALLE MEDUSA
POTHOLES - -
02/17/09
02/18/09
40466 CHAUNCEY WAY
CRACKS IN STREET
02/18/09
02/19/09
CANTERBURY COURT
CRACKS IN STREET
02/19/09
02/20/09
32603 VALENTINO WAY
DRIVEWAY IS TOO WIDE
02/20/09
02/20/09
41968 VARDON DRIVE
DEAD TREE
02/20/09
02/23/09
28961 SAVANNAH DRIVE
OIL SPILL
02/23/09
02/24/09
SANTA CECILIA DRIVE
OIL SPILL
02/24/09
02/26/09
REDHAWK PARKWAY
SIDEWALK TRIP HAZARD
-2/26/09
02/27/09
BRENTWOOD PLACE
SPILL ON SIDEWALK
02/27/09
TOTAL SERVICE ORDER REQUESTS 39
R:\ AIRTAIMWRKCONPLTD\SORS\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
MONTH OF FEBRUARY, 2009
DATE
LOCATION,
WORK COMPLETED
02/02/09
CITYWIDE
REPAIRED
8 REPLACED 1
02/03/09
CITYWIDE
REPLACED 7
02/04/09
CITYWIDE
REPAIRED
1 REPLACED 2
02/05/09
CITYWIDE
REPLACED 1
02/06/09
CITYWIDE
REPLACED 2
02/12/09
CITYWIDE
REPAIRED
2 REPLACED 2
02/12/09
WOLF CREEK
INSTALLED
5 N.W.S.
02/12/09
DLR DRIVE
INSTALLED
2 W-13-15
02/13/09
MARGARITA AT DE PORTOLA
INSTALLED
2 R6-1 R, 1 R3-2
02/17/09
CITYWIDE
REPAIRED
5 REPLACED 4
02/18/09
CITYWIDE
REPAIRED
1 REPLACED 11
02/20/09
FLORES DRIVE
INSTALLED
W-14-2
02/23/09
CITYWIDE
REPAIRED
10 REPLACED 1
02/24/09
CITYWIDE
REPAIRED
2 REPLACED 3
02/25/09
CITYWIDE
REPAIRED
14
TOTAL SIGNS REPLACED 34
TOTAL SIGNS INSTALLED 11
TOTAL SIGNS REPAIRED 43
R1MA1NTAIN\W KCMPLTD\Sl0NS\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
STENCILS / STRIPING
MONTH OF FEBRUARY, 2009
02/24/09 AREA #1 REPAINTED 1,227 L.F. RED CURB
02/25/09 AREA #1 REPAINTED 281 LF. RED CURB
TOTAL NEW & REPAINTED LEGENDS 0
NEW & REPAINTED RED CURB & STRIPING L.F. 7
RAMAlWAIM WRKCOMPLTWTRIPINO
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY TREE TRIMMING
MONTH OF FEBRUARY, 2009
DATE LOCATION WORK COMPLETED'
02/11/09 43954 GATEWOOD WAY TRIMMED 3 R.O.W. TREES
02/23/09 CALLE TORSICA TRIMMED 2 R.O.W. TREES
02/23/09 MEADOWVIEW TRIMMED 9 R.O.W. TREES
TOTAL R.O.W. TREES TRIMMED
14
R9MAINTAM\WRKC0MPLTD\TREM
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY WEED ABATEMENT
MONTH OF FEBRUARY, 2009
DATE LOCATION WORK COMPLETED
02/13/09 DEALER DRIVE ABATED 28,000 S.F. R.O.W. WEEDS
TOTAL S.F. R.O.W. WEEDS ABATED 28.000 S.F.
R:WAINTAIN\WKCOMPLTD\WEEDS
CAPITAL IMPROVEMENT PROJECTS
Monthly Activity Report
February / March 2009
Prepared by: Amer Attar
Submitted by: Greg Butler
Date: 3/24/2009
PROJECTS UNDER CONSTRUCTION
Roripaugh Ranch Fire Station
The majority of work was completed by April of 2006. The remaining work will be completed when the
utilities are completed with the City's undertaking of this work - estimated in June of 2009. In addition, a
fire engine/truck venting system (requested/added on 2/06) will be installed when the Contractor is re-
mobilized, this cost is also included in the approved change order total.
City Property at Diaz Road and Dendy Parkway (Northwest RDA Property) - Rough Grading
This project provided for the rough grading of the vacant City property at Diaz Road and Dendy Parkway.
All work was completed on March 28, 2007. Site restoration, including hydroseeding, was completed in
December of 2008. A notice of completion was approved by the City Council at the 1/13/09 meeting.
Ongoing maintenance expenses will be incurred for NPDES measures until such time the property is
developed.
Murrieta Creek Multi Purpose Trail
This project will build equestrian, pedestrian and bike trails between Murrieta Creek and Diaz Road from
Rancho California Road to Winchester Road. The bulk of contract work has been completed, remaining
work includes landscape mulch placement, hydroseeding, and trail signage and striping. Completion is
scheduled for late March.
Old Town Infrastructure Project -Town Square and Mercedes & Main Street
This project includes the construction of the Town Square and street improvements on Mercedes & Main
Streets. On March 18, 2008, the City Council awarded the construction contract to L H Engineering
Company, Inc for $3,458,495.00. All storm drain, sewer, and water improvements are complete and the
roadways have been base paved. Work is ongoing in the Town Square. A redesign of the fountain is
complete, priced and is being constructed. The anticipated completion date is middle of April of 2009.
Old Town Infrastructure Projects - Underground Utility District
This project will effectively underground all overhead utility lines along Old Town Front Street, between
2nd and 6th streets, all of Main Street east of Murrieta Creek & Mercedes Street between 2nd and 6th
streets. Herman Weissker was awarded the work at the 3/18/08, City Council Meeting. Work under this
project is complete and a Notice of Completion was approved on 2/10/09. Verizon is the last remaining
utility to complete their property hook ups and removal of the remaining poles which is anticipated for
completion in March of 2009.
Citywide Slurry Seal Project FY 2007-2008
This project will slurry seal streets mainly in the Paloma del Sol area. Construction is essentially
complete. Minor punchlist items are being addressed. Estimated completion is 09/15/08.
Roller Hockey Rink Dasher Board System
This project will replace the boards at the existing Roller Hockey Rink. This project is 100% complete.
The Board of Directors acceped the project on 11/25/08. The Notice of Completion has been filed.
Pechanga Parkway Phase II Street Improvements from Temecula Parkway to City Limits @
Pechanga Road.
This project will widen Pechanga Parkway to its ultimate width from Temecula Parkway to Pechanga
Road. Construction activities include: pavement grinding & removals, subgrade, preparation, aggregate
base placement, irrigation, and utilities. The Contractor completed switching traffic to the 3rd stage of
construction on 02-28-09. Northbound traffic is still on the east side of Pechanga Parkway from Rainbow
Canyon Rd to Deer Hollow Wy and southbound traffic was moved to the west side of Pechanga Parkway
from Rainbow Canyon Rd to Deer Hollow Wy. Completion of the project is scheduled for June 2009.
Old Town Infrastructure Projects
- Parking Structure & Office/Retail Frontage
This project includes the site grading and retaining walls for the Civic Center & the Parking Structure site
as well as construction of a parking structure, including office frontage shell space.
The grading for the Civic Center Pad is 90% complete. The site perimeter retaining walls on the North
end and along 1-15 along the Civic Center are complete. The storm drain has been relocated. The
footings and basement level shear walls of the parking structure are ongoing. Anticipated turn over date
for the Civic Center site is April 7, 2009.
Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond
This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution
Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the requirement of
RWQCB by desilting the basin located near the Sports Park. 401 Certification, Streambed Alteration
Agreement, and Nationwide Permits have been acquired. Bids were opened on 08/26/08 and will be
awarded pending confirmation of FEMA reimbursement funding.
Old Town Civic Center
This project will construct the Old Town Civic Center. City Council awarded the contract to Edge
Development, Inc. for $31,555,500.00 on 9/09/08. Edge's work cannot start until the Civic Center site is
fully graded and the basement level foundation and walls of the north end of parking structure
constructed and backfilled by PCL as part of the Parking Structure Project (estimated date is 4/07/09).
RFI and Submittal processing is ongoing in preparation of the start of construction.
Temecula Community Center Expansion
The EDA issued a Notice to Proceed to the City of Temecula on January 7, 2009 and the Contractor was
issued a Notice to Proceed for January 13, 2009. The building is being framed. The anticipated
completion date of the project is late September of 2009.
De Portola Road Pavement Rehabilitation Project (from Jedediah Smith to Margarita)
This project involves rehabilitating De Portola Rd pavement from Jedediah Smith to Margarita Rd. This
is a federally funded project. Pre-construction meeting was held 2/25/09, with construction scheduled to
begin the week of 3/16/09.
Pavement Rehabilitation Rancho California Road (Ynez to East City Limit) - STPL Project
This project will rehabilitate Rancho California Road from Ynez Road to the City limits on the east. The
City Council will consider awarding this contract to All American Asphalt at the March 24, 2009 meeting.
Site Demolition at 41351 Armada Place
Project consist of the demolition of 2 houses at the NE corner of Butterfield Stage Road/Rancho
California Road. Project was advertised for bids and bids were opened on 1/29/09 with Vezion's West,
Inc. as the lowest bidder. The City and the Contractor are in the process of finalizing the contract
documents. A pre-construction meeting was held On 03-12-09.
PROJECTS IN DESIGN
Re-Stripe Route 79 South to 8 lanes from Pechanga Parkway to 1-15
This project will provide four lanes in each direction on Temecula Parkway (formerly State Route 79
South) from 1-15 to Pechanga Parkway. The City is working to meet Caltrans requirements to do the
striping.
Pechanga Parkway Storm Drain Improvements - Environmental Mitigation
This project includes the construction of new wetlands for the Wolf Valley Creek Channel Improvements-
Stage I. The wetlands will be created through the construction of new landscape and irrigation systems.
The site is located along the north bank of Temecula Creek (within flood-plain/way areas). The
environmental regulatory agencies have approved this new mitigation area. Mylars are ready for
signature. The contract bid document was reviewed and will be revised to incorporate all of the
corrections. Offers for purchase of the properties were made. The City Council adopted a Resolution of
Necessity to acquire the property at their 11/25/08 meeting. The proposed improvements cannot be
implemented until the City obtain possession of the properties.
Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd
The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a
bridge over Murrieta Creek. Coordination with RCFC & WCD, U.S. Army Corps of Engineers and the
state environmental regulatory agencies is required. The consultant submitted 90% design plans to the
City. The plans were sent to internal reviewers and Utility Companies for comments.
Main Street Bridge Over Murrieta Creek (Replacement)
This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon
Wong Engineering (SWE) and the City are continuing to pursue environmental permitting and
coordination issues associated with pursuing the bridge replacement as a project separate from the
Army Corps of Engineer's Murrieta Creek Improvement project. Final environmental reports were
received in November, 2008, revised PES form and accompanying technical reports were submitted to
Caltrans on 1/6/09. The approved PES form was received from Caltrans on 2/25/09, the technical
reports remain under review. The 100% PS&E package was received from the design consultant on
2/17/09, and is under review by staff.
Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek
This project includes the construction of an approx. 150' ped/bike bridge over Santa Gertrudis Creek
near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. The
approved Preliminary Environmental Study (PES) form was received from Caltrans on 12/03/08, work on
required environmental studies/reports has begun. 100% design plans were received from the design
consultant on 2/23/09 and are under staff review.
Western Bypass Bridge Over Murrieta Creek
This project involves the design, environmental clearance, and construction of a new bridge over
Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new
structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor.
Design is underway. Geotechnical investigations have been initiated and 30% design is under review.
Redhawk Park Improvements
This project will add amenities to four park sites in the Redhawk area. Due to budgetary constraints, the
construction was divided into phases over a number of years. At the December 11, 2007 meeting, the
City Council approved an agreement with RJM for the construction drawings of the chosen amenities,
which include a half court basketball court, ADA accessible parking, and dog park at Redhawk
Community Park, a seatwall and shade structure at Sunset Park. The preparation of the construction
drawings continues.
Temecula Park and Ride (79 South)
This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South)
at La Paz. The 70% design drawings are being returned to AAE for revision and resubmittal. The WQMP
for this project is being reviewed and may change the configuration of the detention basins. This project
is currently on hold.
Pechanga Pkwy-Dual Right Turn Lanes from
Temecula Parkway (R79S)
This project includes the design and construction of two right-turn lanes on eastbound Temecula
Parkway to southbound Pechanga Parkway. The project includes the widening of Temecula Parkway at
Pechanga Parkway & relocation of traffic signal poles. 100% design plans are complete. The City is in
the process of purchasing the required right of way. The City Council adopted a Resolution of Necessity
to acquire the property at their 11/25/08 meeting. Once the needed right of way is acquired, construction
will be scheduled.
Santiago Detention Basin
This project includes the design and construction of a detention basin. The proposed detention basin (1
acre in size) is located on the south side of Santiago Road between Vallejo Avenue and Orsmby Road.
100% design plans and specifications have been reviewed and corrections will be incorporated into the
bid documents.
Winchester Road / State Route 79 North - North Corridor Beautification
This federally funded project will design and construct landscaping and irrigation enhancements to the
existing raised medians along Winchester Road between Ynez Road and the easterly City limits. The
100% design package has been reviewed and upon completion of these revisions it will be submitted to
Caltrans for construction authorization. Due to funding obligations the construction phase of the project
cannot begin until the next fiscal year.
French Valley Parkway/ Interstate 15 Over-Crossing and Interchange Improvements - Phase 1
(PS&E)
A southbound off-Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis
Creek at the Winchester southbound off-ramp are the components of Phase 1. City continued the design
work. Status is as follows:
> PS&E - City is preparing 95% Plans, Specifications, and Estimate.
> Right of Way - Establishing limits of dedication. Discussions are continuing with owners of affected
parcels within Phase 1 work.
> Declaration of Units - Caltrans Approved Metric Exception for this phase.
> Utilities - Pothole of existing utilities within APE are complete.
> Conceptual Landscape/Aesthetics - Concept was selected, with Murrieta, Caltrans, and IBC
concurrence. Selection was incorporated into Draft Structures PS&E submittal.
Other:
> Maintenance Agreement - City preparing exhibit for first draft.
Old Town Gymnasium
This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys &
Girls Club on Pujol Street. WLC is still working on design scenarios with Boys and Girls Club Staff. The
land is to be utilized as staging area for the Murrieta Creek Improvements project and it will need to be
acquired from Riverside County Flood Control (RCFC) for the current design. The land will not be
available until the Creek project is completed. A conceptual design committee meeting was held on
January 27, 2009.
Pavement Management Program Update
This project will update the City's Pavement Management Program (PMP) for the years 2008-2013. The
90% PIMP report has been submitted and is being reviewed by staff.
Localized Storm Drain Improvements
This project will fix the drainage problem at the south end of Front Street (at the MWD easement).
Baseline right of way, utilities, and mapping are established. This project is currently on hold.
Long Canyon Detention Basin - Access Road
Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited
within the basin before constructing the access road. Project is on hold until FEMA determination is
finalized.
Nicolas Valley - Assessment District (Liefer Road)
This project will study assessment district feasibility and formation, including completing the street and
minor storm drain improvements on the unimproved portions of certain streets within Nicolas Valley
(Liefer Road) area. The City Council approved an agreement for the street improvement design with
David Evans and Associates at the 10/28/08 City Council Meeting. The kick off meeting for the design of
the street improvements was held on 12/17/08. Consultant submitted 30% plans and a preliminary cost
estimate. They are under staff review.
Library Additional Parking
This project will provide 70-100 parking stalls on the graded City property about 1200 feet west of the
existing library as an over flow parking lot. Hall & Foreman is doing the design of the parking lot under
the annual agreement they have with the City. The design kick off meeting was held on 11/12/08.
Surveying and geotechnical investigations are complete. The consultant provided the City with three
preliminary alternative layouts. Staff is reviewing these alternatives. Staff is also looking at the option of
extending the existing parking lot.
Roripaugh Ranch Street Improvements - Phase I
Phase I include the construction of Butterfield Stage Road from Murrieta Hot springs Road to Calle
Chapos / South Loop Road and getting the Fire Station functional. Currently, staff is working on the Bid
Package. Work to be done by the design consultant is on hold until the Roripaugh Ranch CFD No. 03-02
liens are resolved and a settlement is reached.
PROJECTS BEING ADVERTISED FOR BIDS
Traffic Signal Installation - Citywide, Butterfield Stage Rd at Welton St / Channel St
This project will install a new traffic signal on Butterfield Stage Road at Welton Street / Channel Street.
Plans, Specifications & Estimate (PS&E) are complete. Authorization to advertise for construction bids
was given by the City Council at the 12/16/08 meeting. The project is out to bid. Bid opening is
scheduled for 03/17/09.
Traffic Signal Installation - Citywide, Meadows Pkwy at McCabe Dr
This project will install a new traffic signal on Meadows Parkway at McCabe Drive/Sunny Meadows
Drive. Plans, Specifications & Estimate (PS&E) are complete. Authorization to advertise for construction
bids was given by the City Council at the 12/16/08 meeting. The project is out to bid. Bid opening is
scheduled for 03/17/09.
PROJECTS IN THE PLANNING STAGE
1-15 / SR 79S Ultimate Interchange
This project will modify the 1-15/ SR 79 South Interchange to accommodate projected future traffic. City
continued development of design geometrics, technical studies, and reports. Status of outstanding items
are as follows:
> Project Report - Under Caltrans review.
> Supplemental Fact Sheet - Under Caltrans review.
> Modified Access Report - FHWA Determination of Acceptability, approved July 2007. Final approval
pending approval of the Final Environmental Document.
> Geometric Approval Drawings - Under Caltrans review.
> Final Environmental Document - Awaiting approval of Project Report.
> Life Cycle Cost Analysis - Under Caltrans review.
French Valley Parkway/ Interstate 15 Over-Crossing and Interchange Improvements (PA & ED)
This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215 split.
City continued development of the Project Report and Environmental Document. Status is as follows:
> Draft Project Report - Approved June 2006.
> Project Report - Final preparation pending approval of Environmental Doc.
> Draft Environmental Document - City revising per Caltrans comments.
> New Connection Report (NCR) - Letter of Acceptability received in July 2008.
> Traffic Operations Analysis - Approved 02/05/08.
> Exception to 20-yr Traffic Design - Approved 12/17/07.
> Stormwater Data Report - City revising per Caltrans comments.
> Mandatory Design Exceptions - Approved 07/18/06.
> Advisory Design Exceptions - Approved 07/18/06.
> Exception to Ramp Metering Policy - Approved 07/05/06.
> Geometric Approval Drawings - Approved 07/18/06.
> Revised Geometric Approval Drawings - Approved 01/11/08.
> Storm Drain Study - Approved 03/21/08.
> Floodplain and Scour Analysis Report - Approved Oct 2008.
Other:
> Declaration of Units - Request for Metric Exception denied by Caltrans.
> Freeway Agreements - City revising per Caltrans comments.
> Risk Management Plan - Updating as necessary.
> Project Charter - 1st draft is under Caltrans review.
> Maintenance Agreement - Preparing 1st submittal for Caltrans review.
> Financial Plan - Updating as necessary.
Temecula Creek Crossing - Access to Highway 79 South (Temecula Parkway)
The project consists of performing an alignment study to set a specific horizontal and vertical alignment
for an extension of Avenida de Missions southerly to gain vehicular access to Loma Linda Road,
including a bridge crossing over Temecula Creek. Final engineering report will be completed in March
2009.
Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect
The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek
Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi-Purpose Trail at Diaz Road. The City
Council approved an agreement with Hall & Foreman at the 11/25/08 meeting. The kick off meeting was
held on 01/08/09. Preparation of the alignment study has begun.
10
CITY OF TEMECULA PAGE 1 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 3112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp.!
PAID
bid date)
PROJECTS UNDER CONSTRUCTION
Roripaugh Ranch Fire Station
The majority of work was completed by April of 2006. The remaining work will be
Tovey Shultz Construction, Inc. $3,298,000
completed when the utilities are completed with the City's undertaking of this work -
PW03-01
I
Approved Change Orders $212,768.24
David McBride
97%(6109)
93%
estimated in June of 2009. In addition, a fire engine/truck venting system
Account No. 210-165-741
(requested/added on 2/06) will be installed when the Contractor is re-mobilized, this cost
is also included in the approved change order total.
City Property at Diaz Road and Dendy Parkway
This project provided for the rough grading of the vacant City property at Diaz Road and
(Northwest RDA Property) - Rough Grading
Dendy Parkway. All work was completed on March 28, 2007. Site restoration, including
PW06-03
I
Contractor: Skanska
David McBride
Complete
100%
hydroseeding, was completed in December of 2008. A notice of completion was approved
Final Contract Cost $5,948,799.71
by the City Council at the 1/13/09 meeting. Ongoing maintenance expenses will be
incurred for NPDES measures until such time the property is developed.
Murrieta Creek Multi Purpose Trail
This project will build equestrian, pedestrian and bike trails between Murrieta Creek and
Contractor: IAC Engineering, Inc.
Diaz Road from Rancho California Road to Winchester Road. The bulk of contract work
PW01-27
I
ContractAmount: $1,308,148.48
JonSalazar/
100%
(02109)
90%
has been completed; remaining work includes landscape mulch placement, hydroseeding,
Approved Change Orders (1-9): $197,032.70
Amer Attar
and trail signage and striping. Completion is scheduled for late March.
Account No. 210-190-142-58XX
Old Town Infrastructure Project-Town Square and
This project includes the construction of the Town Square and street improvements on
Mercedes & Main Street
Mercedes & Main Streets. On March 18, 2008, the City Council awarded the construction
Contractor: LH Engineering Contract Amt:
contract to L H Engineering Company, Inc for $3,458,495.00. All storm drain, sewer, and
PW06-07
I
$3,458,495.00
Approved Change Order(s) $ 120,502.28
David McBride
°
901° (4109)
°
87
water improvements are complete and the roadways have been base paved. Work is
& 1 E
(1C )
ongoing in the Town Square. A redesign of the fountain is complete, priced and is being
Account Nos.:
constructed. The anticipated completion date is middle of April of 2009.
210-165-636
210-165-643
Old Town Infrastructure Projects- Underground Utility
This project will effectively underground all overhead utility lines along Old Town Front
District
Street, between 2nd and 6th streets, all of Main Street east of Murrieta Creek & Mercedes
Contractor: Herman VVeissker, Inc.
Street between 2nd and 6th streets. Herman Weissker was awarded the work at the
PW06-07
I
Final Contract Amt: $117,402.00
David McBride
100% (10/08)
100%
3/18/08, City Council Meeting. Work under this project is complete and a Notice of
(1 B)
Account No. 210-165-646
Completion was approved on 2/10/09. Verizon is the last remaining utility to complete
their property hook ups and removal of the remaining poles which is anticipated for
completion in March of 2009.
Pechanga Parkway Phase II Street Improvements
This project will widen Pechanga Parkway to its ultimate width from Temecula Parkway to
from Temecula Parkway to City Limits @ Pechanga
Pechanga Road. Construction activities include: pavement grinding & removals, subgrade,
Road.
Mayra De La
preparation, aggregate base placement, irrigation, and utilities. The Contractor completed
PW99-11
(Ph II)
I
Contractor: All American Asphalt
ContractAmount: $8,131,964.98
Torre/Amer
75%
60%
switching traffic to the 3rd stage of construction on 02-28-09. Northbound traffic is still on
Attar
the east side of Pechanga Parkway from Rainbow Canyon Rd to Deer Hollow Wy and
Account No. 210-165-668-58XX
southbound traffic was moved to the west side of Pechanga Parkway from Rainbow
Canyon Rd to Deer Hollow Wy. Completion of the project is scheduled for June 2009.
CITY OF TEMECULA PAGE 2 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 3112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp.!
PAID ($j
bid date)
Old Town Infrastructure Projects
This project includes the site grading and retaining walls for the Civic Center & the Parking
- Parking Structure & Office/Retail Frontage
Structure site as well as construction of a parking structure, including office frontage shell
PW06-07
Contractor: PGL Construction
David
space.
(1 D)
I
Contract Amount: $15,797,010.00
McBride/ Bill
30°!° (72x09)
15%
The grading for the Civic Center Pad is 90% complete. The site perimeter retaining walls
Account No. 210-165-644
McAteer
on the North end and along I-15 along the Civic Center are complete. The storm drain
has been relocated. The footings and basement level shear walls of the parking structure
are ongoing. Anticipated turn over date for the Civic Center site is April 7, 2009.
Ronald Reagan Sports Park Channel Silt Removal &
This project includes restoring the Best Management Practices (BMP) of the Stormwater
Desiltation Pond
Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and
Contractor: Sean Malek
William
the requirement of RWQCB by desilting the basin located near the Sports Park. 401
PW05-13
I
Engineering Contract Amount: $315,510
Becerrai Avlin
p%
0%
Certification, Streambed Alteration Agreement, and Nationwide Permits have been
Account No. 210-190-187-58XX
Odviar
Odvi
acquired. Bids were opened on 08/26/08 and will be awarded pending confirmation of
FEMA reimbursement funding.
Old Town Civic Center
This project will construct the Old Town Civic Center. City Council awarded the contract to
Edge Development, Inc. for $31,555,500.00 on 9/09/08. Edge's work cannot start until the
PW06-07
Contractor: Edge Development
Bill McAteer!
Civic Center site is fully graded and the basement level foundation and walls of the north
PhZ
I
Contract Amount:
$31,555,500.00
David McBride
0%(8110)
1.5%
end of parking structure constructed and backfilled by PCL as part of the Parking
Account No. 210-165-751-68XX
Structure Project (estimated date is 4/07/09). RFI and Submittal processing is ongoing in
preparation of the start of construction.
Temecula Community Center Expansion
The EDA issued a Notice to Proceed to the City of Temecula on January 7, 2009 and the
Contractor: Erickson-Hall Construction Company
William
Contractor was issued a Notice to Proceed for January 13, 2009. The building is being
PW06-05
III
Contract Amount: $1,184,000.00
Becerrat David
14%
10%
framed. The anticipated completion date of the project is late September of 2009.
McBride
Account No. 210-190-197
De Portola Road Pavement Rehabilitation Project
This project involves rehabilitating De Portola Rd pavement from Jedediah Smith to
(from Jedediah Smith to Margarita)
Margarita Rd. This is a federally funded project. Pre-construction meeting was held
PW06-10
I
Contractor: Hardy & Harper, Inc.
Jon Salazarl
0%
0%
2/25/09, with construction scheduled to begin the week of 3/16/09.
Contract Amount: $1,161,000
Amer Attar
Account No. 210-165-656-58XX
Pavement Rehabilitation Rancho California Road
This project will rehabilitate Rancho California Road from Ynez Road to the City limits on
(Ynez to East City Limit) - STPL Project
the east. The City Council will consider awarding this contract to All American Asphalt at
PW06-14
I
Contractor: All American Asphalt
David McBride
0%
0%
the March 24, 2009 meeting.
Contract Amt: $3,666,004.25
Account No. 210-165-657
Site Demolition at 41351 Armada Place
Project consist of the demolition of 2 houses at the NE corner of Butterfield Stage
Contractor: Vezion's West, Inc.
Road/Rancho California Road. Project was advertised for bids and bids were opened on
PW08-08
ContractAmount: $18,210.00
Mayra De La
0%
0%
1/29/09 with Vezion's West, Inc. as the lowest bidder. The City and the Contractor are in
Account No. 210-165-723-58XX
Torre
the process of finalizing the contract documents. A pre-construction meeting was held On
03-12-09.
CITY OF TEMECULA PAGE 3 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 3112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp.!
PAID
bid date)
PROJECTS BEING DESIGNED BY CONSULTANTS
Re-Stripe Route 79 South to 8 lanes from Pechanga
This project will provide four lanes in each direction on Temecula Parkway (formerly State
Parkway to 1-15
Kendra
Route 79 South) from 1-15 to Pechanga Parkway. The City is working to meet Caltrans
PW07-08
I
Consultant: JMD
Hannah-
50%(05109)
0%
requirements to do the striping.
Amount: $29,210.00
Meistrell!
Avlin
Odviar
Account No. 210-165-676-58XX
Pechanga Parkway Storm Drain Improvements -
This project includes the construction of new wetlands for the Wolf Valley Creek Channel
Environmental Mitigation
Improvements-Stage I. The wetlands will be created through the construction of new
landscape and irrigation systems. The site is located along the north bank of Temecula
PHU99-
Consultants: Community Works Design
Mayra De La
Creek (within flood-plain/way areas). The environmental regulatory agencies have
11 EM
I
Contract Amount: $29,840
Torre
98%
98%
approved this new mitigation area. Mylars are ready for signature. The contract bid
document was reviewed and will be revised to incorporate all of the corrections. Offers for
Account No. 210-165-668-58XX
purchase of the properties were made. The City Council adopted a Resolution of
Necessity to acquire the property at their 11/25/08 meeting. The proposed improvements
cannot be implemented until the City obtain possession of the properties.
Murrieta Creek Bridge and Overland Drive Extension
The project includes the extension of Overland Drive from Commerce Center Drive to Diaz
from Commerce Center to Diaz Rd
Road with a bridge over Murrieta Creek. Coordination with RCFC & WCD, U.S. Army
PW00-26
I
t
t
t
t
Mayra De La
90%
90%
Corps of Engineers and the state environmental regulatory agencies is required. The
Consul
ant: Projec
Design Consul
an
s
Contract Amount: $466,940
Torre
consultant submitted 90% design plans to the City. The plans were sent to internal
reviewers and Utility Companies for comments.
Account No. 210-165-602-58XX
Main Street Bridge Over Murrieta Creek
This project will replace the existing Main Street Bridge over Murrieta Creek. Design
(Replacement)
consultant Simon Wong Engineering (SWE) and the City are continuing to pursue
Consultant: Simon Wong Engineering
environmental permitting and coordination issues associated with pursuing the bridge
Contract amount: $317,719
Amendment No. 1: Contract term extension
Jon Salazar/
86% (Phases I
replacement as a project separate from the Army Corps of Engineer's Murrieta Creek
PW03-05
I
Amendment No 2: Contract term extension
Amer Attar
88%(4109)
& II) - 89%
Improvement project. Final environmental reports were received in November, 2008;
Amendment No. 3: $322,305
(Phase3)
revised PES form and accompanying technical reports were submitted to Caltrans on
Amendment No. 4: $24,063 (RCWD waterline)
1/6/09. The approved PES form was received from Caltrans on 2/25/09; the technical
reports remain under review. The 100% PS&E package was received from the design
Account No. 210-165-743-58XX
consultant on 2/17/09, and is under review by staff.
Pedestrian/Bicycle Bridge Over Santa Gertrudis
This project includes the construction of an approx. 150' ped/bike bridge over Santa
Creek
Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a
Consultant: Nolte Associates
Jon Salazar/
NEPA document. The approved Preliminary Environmental Study (PES) form was
PW05-11
I
ContractAmount: $132,807
Amer Attar
65%(6109)
40%
received from Caltrans on 12/03/08; work on required environmental studies/reports has
Account No. 210-165-738-68XX
begun. 100% design plans were received from the design consultant on 2/23/09 and are
under staff review.
Western Bypass Bridge Over Murrieta Creek
This project involves the design, environmental clearance, and construction of a new
Consultant: TYLIN International
William
bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension
PW06-04
I
Contract Amt: $378,776.20
Becerra/ Avlin
45% (TBD)
34%
of Pujol Street to the new structure. Once constructed, this will serve as the southerly
Amendment 2 Amt: $244,824.80
Odviar
connection of the Western Bypass Corridor. Design is underway. Geotechnical
Account No. 210-165-660-58XX
investigations have been initiated and 30% design is under review.
CITY OF TEMECULA PAGE 4 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 3112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. comp.!
PAID ($j
bid date)
Redhawk Park Improvements
This project will add amenities to four park sites in the Redhawk area. Due to budgetary
Consultant: RJM Design Group, Inc.
Kendra
constraints, the construction was divided into phases over a number of years. At the
Contract Amount: $164,574
Hannah-
December 11, 2007 meeting, the City Council approved an agreement with RJM for the
PW06-06
I
Meistrellt Avlin
95% (04109)
80%
construction drawings of the chosen amenities, which include a half court basketball court,
Account No. 210-190-144-58XX
Odviar
ADA accessible parking, and dog park at Redhawk Community Park: a seatwall and
shade structure at Sunset Park. The preparation of the construction drawings continues.
Temecula Park and Ride (79 South)
This project will design and construct a park and ride facility on Temecula Parkway
(formerly 79 South) at La Paz. The 70% design drawings are being returned to AAE for
Design Development AAE, Inc.
Bill McAteert
revision and resubmittal. The WQMP for this project is being reviewed and may change
PWO6-09
I
Con tact amount $109,085
David McBride
75%
75%
the configuration of the detention basins. This project is currently on hold.
Amendment #1 $20,500
Account No. 210-165-747-58XX
Pechanga Pkwy-Dual Right Turn Lanes from
This project includes the design and construction of two right-turn lanes on eastbound
Temecula Parkway (R79S)
Temecula Parkway to southbound Pechanga Parkway. The project includes the widening
Consultant: Cozad & Fox
of Temecula Parkway at Pechanga Parkway & relocation of traffic signal poles. 100%
PW06-11
I
Contract Amount: $29,010
Mayra De La
100%
99%
design plans are complete. The City is in the process of purchasing the required right of
Account No. 210-165-637-58XX
Tone
way. The City Council adopted a Resolution of Necessity to acquire the property at their
11/25/08 meeting. Once the needed right of way is acquired, construction will be
scheduled.
Santiago Detention Basin
This project includes the design and construction of a detention basin. The proposed
Consultant: Kimley Horn
Mayra De La
detention basin (1 acre in size) is located on the south side of Santiago Road between
PW06-12
I
Contract Amount: $65,250
Tone
95%
95%
Vallejo Avenue and Orsmby Road. 100% design plans and specifications have been
Account No. 210-165-666-58XX
reviewed and corrections will be incorporated into the bid documents.
Winchester Road / State Route 79 North - North
This federally funded project will design and construct landscaping and irrigation
Corridor Beautification
enhancements to the existing raised medians along Winchester Road between Ynez
Consultant: RBF
Road and the easterly City limits. The 100% design package has been reviewed and upon
PW06-15
I
Agreement Amount: $ 179,916.00
'
David McBride
99%
99°7°
completion of these revisions it will be submitted to Caltrans for construction authorization.
s: $ 6,000
Approved EVVA
Due to funding obligations the construction phase of the project cannot begin until the next
Account No. 210-165-638
fiscal year.
French Valley Parkway! Interstate 15 Over-Crossing
A southbound off-Ramp to Jefferson, an auxiliary lane, and widening the bridge over
and Interchange Improvements- Phase 1 (PS&E)
Santa Gertrudis Creek at the Winchester southbound off-ramp are the components of
Consultant: Moffatt & Nichol
Phase 1. City continued the design work. Status is as follows:
Amend. No. 1: $ 507,881.00
.
No.
4: $
8
.00
> PS&E - City is preparing 95% Plans, Specifications, and Estimate.
$1,,087087,,33
8:
00
.00
Amend.
No.
> Right of Way Establishing limits of dedication. Discussions are continuing with owners
Notes:
William
of affected parcels within Phase 1 work.
PW07-04
I
> Amend. Nos. 1, 4, & 8 amend original agreement
ABn Odvirt
60%(05110)
61%
> Declaration of Units - Caltrans Approved Metric Exception for this phase.
under PVV02-11.
r atta ar
Amer Attar
> Utilities - Pothole of existing utilities within APE are complete.
> Amendment amounts represent portion
> Conceptual Landscape/Aesthetics - Concept was selected, with Murrieta, Caltrans, and
appropriated for PW07-04.
IBC concurrence. Selection was incorporated into Draft Structures PS&E submittal.
Account No. 210-165-719-58XX
Other:
> Maintenance Agreement - City preparing exhibit for first draft.
CITY OF TEMECULA PAGE 5 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 3112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp.!
PAID ($j
bid date)
Old Town Gymnasium
This projects involves the design of the approximately 9,000 square foot gymnasium
Consultant: UULC Architects
adjacent the Boys & Girls Club on Pujol Street. WLC is still working on design scenarios
Contract Amount: $307,390.00
with Boys and Girls Club Staff. The land is to be utilized as staging area for the Murrieta
PW07-
05CSD
11
Account No. 210-190-186
Bill McAteer!
DavidMcBride
10%(12J00)
5%
Creek Improvements project and it will need to be acquired from Riverside County Flood
Control (RCFC) for the current design. The land will not be available until the Creek
project is completed. A conceptual design committee meeting was held on January 27,
2009.
Pavement Management Program Update
This project will update the City's Pavement Management Program (PMP) for the years
Consultant: Wildan
2008-2013. The 90% PIMP report has been submitted and is being reviewed by staff.
Agreement Amount: $ 66,915
PW07-11
I
David McBride
100%
79%
Account Nos.:
001-164-601-5248
210-165-655-68XX
Nicolas Valley - Assessment District (Liefer Road)
This project will study assessment district feasibility and formation, including completing
Consultant: David Evans &Associates (DEA)
Kendra
the street and minor storm drain improvements on the unimproved portions of certain
Contract Amount: $120,900.00
Hannah-
streets within Nicolas Valley (Liefer Road) area. The City Council approved an agreement
PW08-06
11
Account No. 210-165-502-58XX
Meistrelll Avlin
30% (08109)
5%
for the street improvement design with David Evans and Associates at the 10/28/08 City
Odviar/Amer
Council Meeting. The kick off meeting for the design of the street improvements was held
Attar
on 12/17/08. Consultant submitted 30% plans and a preliminary cost estimate. They are
under staff review.
Library Additional Parking
This project will provide 70-100 parking stalls on the graded City property about 1200 feet
Consultant: Hall & Foreman
west of the existing library as an over flow parking lot. Hail & Foreman is doing the design
Purchase Authorization Amount: $66,885 (Annual On
of the parking lot under the annual agreement they have with the City. The design kick off
PW08-07
I
-call)
Purchase Authorization Amount: $2,200
Amer Attar
15%(03109)
0%
meeting was held on 11/12/08. Surveying and geotechnical investigations are complete.
The consultant provided the City with three preliminary alternative layouts. Staff is
Account No. 210-165-508-58XX
reviewing these alternatives. Staff is also looking at the option of extending the existing
parking lot.
Roripaugh Ranch Street Improvements- Phase I
Phase I include the construction of Butterfield Stage Road from Murrieta Hot springs Road
Construction of Butterfield Stage Road
to Calle Chapos /South Loop Road and getting the Fire Station functional. Currently, staff
PW09-02
1
Consultant: David Evans &Associates (DEA)
Mar ra De
Torre/Amer r
0%
0°% °
is working on the Bid Package. Work to be done by the design consultant is on hold until
Contract Amount:
Attar
the Roripaugh Ranch CFD No. 03-02 liens are resolved and a settlement is reached.
Account No. 210-165-723-58XX
PROJECTS BEING DESIGNED BY STAFF
Localized Storm Drain Improvements
This project will fix the drainage problem at the south end of Front Street (at the MWD
PW04-02
I I
20% (NIA)
NIA
easement). Baseline right of way, utilities, and mapping are established. This project is
currently on hold.
Long Canyon Detention Basin - Access Road
Plans and specifications are 90% complete. City is seeking FEMA funds to remove
PW04-07
I
0%
NIA
excess silt deposited within the basin before constructing the access road. Project is on
hold until FEMA determination is finalized.
CITY OF TEMECULA PAGE 6 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 3112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp.!
PAID
bid date)
PROJECTS IN THE PLANNING STAGE
1-15 / SR 79S Ultimate Interchange
This project will modify the 1-15/ SR 79 South Interchange to accommodate projected
Project Report (PR)
future traffic. City continued development of design geometrics, technical studies, and
Consultant: RBF Consulting
reports. Status of outstanding items are as follows:
Contract Amount: $ 325,944.00
Amendment No. 1: 98,196.0
Extra Work Auth uth. No. 1: 13,426..00
> Project Report - Under Caltrans review.
PW04-08
I
Extra Work Auth. No. 2: 17,732.00
Avlin Odviar!
95%(03/09)
94%
> Supplemental Fact Sheet - Under Caltrans review.
(Extra Work Auth. No. 3: 18,428.00)
Amer Attar
> Modified Access Report - FHWA Determination of Acceptability, approved July 2007.
(Extra Work Auth. No. 4: 5,032.00)
Final approval pending approval of the Final Environmental Document.
(Extra Work Auth. No. 5: 21,240.00)
> Geometric Approval Drawings - Under Caltrans review.
Note: EWA No. 3, 4, and 5 will be paid with unused
> Final Environmental Document - Awaiting approval of Project Report.
portion of Amend No. 1.
> Life Cycle Cost Analysis - Under Caltrans review.
Account No. 210-1654-662-58XX
French Valley Parkway/ Interstate 15 Over-Crossing
This project will construct an interchange between Winchester Road Interchange and the I
and Interchange Improvements (PA & ED)
-15/1-215 split. City continued development of the Project Report and Environmental
Consultant: Moffatt & Nichol
Document. Status is as follows:
Agreement Amount: $1,091,693.00
Amend. No. 1: 202,652.40"
Amend. No. 2: 21,630.00
> Draft Project Report - Approved June 2006.
CCO No. 1: 25,000.00
> Project Report - Final preparation pending approval of Environmental Doc.
CCO No. 2: 8,000.00
> Draft Environmental Document - City revising per Caltrans comments.
CCO No. 3: 18,008.00
> New Connection Report (NCR) - Letter of Acceptability received in July 2008.
CCO No. 4: 11,320.00
> Traffic Operations Analysis - Approved 02/05/08.
CCO No. 5: 37,645.00
> Exception to 20-yr Traffic Design - Approved 12/17/07.
Amend. No. 3: 283,982.52
> Stormwater Data Report - City revising per Caltrans comments.
Amend. No. 4: See PW07-04
Amend. No. 5: 169,000.00
> Mandatory Design Exceptions - Approved 07/18/06.
Amend. No. 6: 110,917.00
William
> Advisory Design Exceptions - Approved 07/18/06.
PW02-11
I
Amend. No. 7: 14,573.36
r
90%(06109)
88%
> Exception to Ramp Metering Policy - Approved 07/05/06.
Amend. No. 8 See PW07-04
Odvia
f Amer mer
dvAtt
Attar
> Geometric Approval Drawings - Approved 07/18/06.
Notes:
> Revised Geometric Approval Drawings - Approved 01/11/08.
> Amend. No. 1 also applies to PW07-04. See PVV07
'
> Storm Drain Study - Approved 03/21/08.
I apportionment.
-04 for add
> Floodplain and Scour Analysis Report - Approved Oct 2008.
Account No. 210-165-677-58XX
Other:
> Declaration of Units - Request for Metric Exception denied by Caltrans.
> Freeway Agreements - City revising per Caltrans comments.
> Risk Management Plan - Updating as necessary.
> Project Charter - 1 st draft is under Caltrans review.
> Maintenance Agreement - Preparing 1st submittal for Caltrans review.
> Financial Plan - Updating as necessary.
CITY OF TEMECULA PAGE 7 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 3112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. comp.!
PAID ($j
bid date)
Temecula Creek Crossing - Access to Highway 79
The project consists of performing an alignment study to set a specific horizontal and
South (Temecula Parkway)
vertical alignment for an extension of Avenida de Missions southerly to gain vehicular
Bridge Alignment Study- Avenida de Missions over
Kendra
access to Loma Linda Road, including a bridge crossing over Temecula Creek. Final
PW08-03
II
Temecula Creek
Consultant: Nolte Associates, Inc.
Hannah-
Meistrellt Avlin
95%(03109)
85%
engineering report will be completed in March 2009.
Contract Amount: $87,923.00
Odviar
Account No. 210-165-677-58XX
Santa Gertrudis Creek Pedestrian/Bicycle Trail
The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis
Extension and Interconnect
Kendra
Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi-Purpose Trail at
Alignment Study, Design & Environmental Clearance
Hannah-
Diaz Road. The City Council approved an agreement with Hall & Foreman at the 11/25/08
PW08-04
11
Consultant: Hall & Foreman, Inc.
Meistrellt Avlin
20%(07109)
0%
meeting. The kick off meeting was held on 01/08/09. Preparation of the alignment study
Contract Amount: $246,865.00
Odviar
has begun.
Account No. 210-165-739-58XX
PROJECTS WAITING IN THE WINGS
Butterfield Stage Road - Roripaugh CFD
This includes planning for the construction of the City Council approved Roripaugh Ranch
Mayra De La
CFD No. 03-02 Street Improvements. Regulatory agencies are on board with City
III
Torre/Amer
% ( )
NIA
proceeding with specific road improvements. The research for (a) dry utility designs, (b)
Attar
plan status and (c) Pay requests review is on-going. City Attorney is working on
lien/settlement analysis. Branched out "Phase I" of this project to PW09-02.
PW00-29
11
Citywide Master Drainage Plan
)
Postponed.
Multi-Trails System- Margarita Road Under Crossing
This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek
Consultant: LAN Engineering
under Margarita Road. Data regarding existing utilities are being incorporated into the
PW04-13
I
Contract Amount: $114,426.00
William
100%
100%
design. RCFC has provided an Encroachment Permit. Plans & Specs are complete. This
Becerra
project cannot be constructed until adequate funds are identified. An application was
submitted for State Bicycle Transportation Account (BTA) funds on 12/1/06.
Sam Hicks Monument Park Playground Replacement
This project will replace the playground at Sam Hicks Monument Park to comply with new
PW06-16
0%
NIA
standards. The funding for this project is through Community Development Block Grant.
Funding for this project has been reallocated. Postponed until funds are allocated.
Auxiliary Lanes on I-15 in Temecula
A feasibility study will be conducted to determine if auxiliary lanes can be added between
on and off-ramps on 1-15 in Temecula to improve the freeway operation. An RFP to
PW06-17
I
Amer Attar
conduct the study was published on the City's website on 02/14/07. Proposals were
received on 03/16/07. The City reviewed the proposals and selected a consultant. Due to
funding constraints, this project is being delayed until Fiscal Year 2009/ 2010.
RIGHT OF WAY RELATED PROJECTS
French Valley Parkway/ 1-15 Overcrossing and
Review appraisals are in progress. Expected completion date is middle of March.
Interchange, Project Report (PR)
)
William
Caltrans will need to approve the appraisal before the City Council approval and making
PW02-11
I
Becerral Amer
NIA
NIA
offers. FF&E appraisal is complete. Relocation Assistance and Good Will appraisals will
Attar
follow the completion of the review appraisal.
CITY OF TEMECULA PAGE 8 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 3112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. comp.!
PAID ($j
bid date)
Butterfield Stage Road - Roripaugh CFD
Met with all but three property owners to discuss their property concerns. Prepared a
Project Description: Research to create a bid
Mayra De La
matrix addressing owner issues/concerns to present to City staff. Work to clear all issues
CFD 03-02
package (i.e., Plans and Specs) to construct specific
Torre/Amer
related to the properties within Phase 1 of the project continues,
improvements (BSR, MHSR, fire station, etc.)
Attar
Contractor: N/A; Contract: N/A
Diaz Realignment
All required right-of--way documents have been recorded with the County; consultant
PW 95-27
1
Jon Salazar!
surveyor is in the process of recording the Record of Survey, which will complete the
Amer Attar
process.
Pechanga Parkway (right turn lanes)
Purchase & Sale Agreement was sent to the property owner. He has not accepted the
City's offer. City Council adopted the Resolution of Necessity at the 11/25/08 meeting. A
PW 06-11
Amer Attar
check was prepared for court deposit to file eminent domain lawsuit. Lawsuit was filed in
mid February. The property owner has just presented the City with a counter offer. The
City is reviewing the counter offer and a response is forthcoming.
Pechanga Parkway (mitigation land)
Purchase & Sale Agreement was sent to the property owner. He has not accepted the
City's offer. City Council has adopted the Resolution of Necessity at the 11/25/08 meeting.
PW 99-11
Amer Attar
A check was prepared for court deposit for eminent domain lawsuit. Lawsuit was filed in
mid February. The property owner has just presented the City with a counter offer. The
City is reviewing the counter offer and a response is forthcoming.
Surplus Land : Diaz Road Realignment
Staff met with Outdoor Channel. City Council approved counter offer. Purchase and Sale
Amer Attar
Agreement was prepared by City and it was presented to the buyer. The agreement is
under their review. Once approved, it will be presented to the City Council for approval.
Riverside County Flood Control Parcels-Old Town
Staff received Purchase Agreements from RCFC to purchase portions of six parcels. City
met with Flood Control in January and asked for updated values. RCFC will revise their
Beryl
offers based on current sales comps. Staff is also working with RCFC to finalize the
A
Amer
Amer Attar ar
Purchase & Sale Agreement. RCFC requested that the City quitclaim a channel
easement for another parcel (APN 922-035-024) and for City to accept the Declaration of
Dedication. This matter was approved by the City Council at the 2/24/09 meeting.
Santa Gertrudis Ped. Bridge
The City Council approved the Purchase and Sale Agreement with Rancho California
PW07-05
Amer Attar
Water District (RCWD) at the 10/14/08 meeting. Escrow has been opened. We received
the estimated settlement statement from escrow on 12/2/08. Escrow has closed and the
City received the Final Settlement Statement.
PW06-12
Santiago Detention Basin
Amer Attar
Appraisal is ready to be finalized but has been put on hold per Bill Hughes
Murrieta Creek Bridge and Overland Drive Extension
To initiate this right of way work, seven title reports were ordered on 12/2/08. Consultant is
in the process of preparing legals/plats. Staff provided estimates for doing the appraisals
PW00-26
Amer Attar
of the affected properties to the Director of Public Works. Once these estimates are
approved, the appraisal process can proceed.
Policy re: Site Assessments
Amer Attar
Editing Site Assessment policy
Miscellaneous Right of Way Related Items
Amer Attar
On-going
review of Caltrans procedures; working on draft of Relocation handout required by law
CITY OF TEMECULA PAGE 9 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 3112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp./
PAID ($j
bid date)
Western Bypass Bridge Over Murrieta Creek
Will Becerral
City needs to accept the Offer of Dedication that was not accepted by County on Parcel
PW06-04
I
Beryl
Map PM 8248, which was recorded on 2/15/1977. Up to Twelve legals and plats will be
Yasinoskyl
prepared by the consultant. Once legals/plats are received, the City will obtain appraisals.
Amer Attar
SPECIAL AND MISCELLANEOUS PROJECTS
Roripaugh Ranch CFD
Staff reviewed the submitted Reimbursement Request for the two bridges. Comments
CFD 03-02
Annie t
NIA
were provided to Ashby USA representatives. Meetings are being held with the developer
Let Ameer r Attar
seeking these reimbursements to finalize the numbers
CFD 01-02
Harveston CFD
Amer Attar
NIA
No activities during the last period
CFD 03-06
Harveston CFD
Amer Attar
NIA
NIA
No activities during the last period.
CFD 03-01
Crown Hill CFD
Amer Attar
NIA
NIA
During the last period, the developer submitted reimbursement request for the retention.
Wolf Creek CFD
Met with Tony Louka, Caltrans Environmental Engineering, Adam Smith, Standard Pacific,
along with Matt Peters (city Planner) and Steve Beswick (Pechanga Parkway Project
Manager). The meeting was to review the walls along the Wolf Creek Development.
Standard Pacific is to raise them to 8'. To satisfy the Federal requirements, Caltrans will
need a letter from the City for some of the open area that provide access from the trail to
CFD 03-03
Amer Attar
NIA
NIA
the development. Standard Pacific is to survey adjacent property owners to see if they are
OK with the openings or if they want these openings closed. The City's letter would notify
Caltrans with the results and what action the City would take based on these results.
A letter from the City to Standard Pacific detailing the wall requirements was sent on
01/06/09.
CFD 02-08
Serena Hills CFD
Amer Attar
NIA
NIA
No activities during the last period.
Quarterly Review- Tracking, preparing, and
Various Projects.
Various
I
processing Federal, State and TUMF Funds
Julie Dauer
On-going
NIA
Reimbursements
Contract Administration
On-going review of CIP project contracts, amendments, extra work authorizations &
Various
I
Julie Dauer
On-going
NIA
change orders and maintaining budget accounts. Providing assistance to staff in
processing invoices for all CIP division projects.
Murrieta Creek Multi Purpose Trail
Project is currently in construction phase. Continue to process reimbursement requests for
PW01-27
I
Julie Dauer
N/A
NIA
Caltrans submittal and approval.
Surface Transportation Program (STP) - De Portola
Contract has been awarded. Federal funding reimbursement requests will be submitted to
PW06-1 D
I
Road Pavement Rehabilitation
Julie Dauer
NIA
NIA
Caltrans as project progresses. $458,990 STP funds
Highway Bridge Replacement & Rehabilitation
New PES form updated and submitted to Caltrans, Environmental Division to obtain
PW03-05
I
Program (HBRR) - Main Street Bridge
Julie Dauer
NIA
NIA
environmental clearances & approval to proceed with final design processes. Total HBRR
funds $3,920,000.
CITY OF TEMECULA PAGE 10 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 3112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp)
PAID ($j
bid date)
SR2S- Safe Routes to School Program - Ped/Bicycle
Received December 2, 2008 the approval of our PES document. Prior to obtaining the
Bridge over Santa Gertrudis Creek to Chaparral Hig
Categorical Exclusion we shall provide Caltrans various technical studies. SR2S funding
PWOS-11
I
Julie Dauer
NIA
NIA
has been awarded in the amount of $425,520. In addition to SR2S funding we have been
awarded $132,000 in SB821 funding.
Transportation Uniform Mitigation Fee (TUMF)
Quarter Ended 12/31/08- TUMF reimbursement requests to be prepared for submittal to
WRCOG & RCTC. Meeting with WRCOG to clear up outstanding progress billings and
Various
I
Julie Dauer
NIA
NIA
review of processes for future reimbursement requests. Letter to follow from City to
WRCOG in summary of meeting minutes.
TE - Transportation Enhancement
Program funding is scheduled for FY2009-2010. Environmental clearance has been
Winchester Road/State Route 79 North Corridor
approved and project is slated for construction in the next fiscal year. Currently in process
PW06-15
I
Beautification Projec
Julie Dauer
NIA
NIA
of preparing our 'Request for Allocation' through the CTC and also our RFA package to
Caltrans for 'Authorization to Proceed with Construction'. Total funds awarded per TE
Funding adjustments $1,133,000.
PW99-11
Pechanga Parkway Phase II Street Improvements -
Continue to review construction expenditures for federal reimbursement of PLH funds.
Public Land & Highways Funded
Julie Dauer
NIA
NIA
Prepare and submit reimbursement requests to Caltrans, Sacramento. Total PLH funding
(Phase II)
is $4,000,000.
Various
I
Bond Releases
Julie Dauer
NIA
NIA
Continued review of CIP project bonds scheduled for release.
2006107 Bicycle Transportation Account
Resolution approved by City Council for the Cooperative Work Agreement (CWA). The
BTA Funds
CWA will extend the terms of the original agreement to allow for the continuation of project
PW08-04
I
Santa Gertrudis Creek Bicycle Trail Extension and
Julie Dauer
N/A
NIA
implementation and the award of a consultant agreement for this project. 2006/07 BTA
Interconnect
funds approved for the planning & preliminary engineering and total award of $395,000.
CWA is anticipated to be approved in April 2009.
Standardize the format of the Specifications for all
Specifications library is continuously being updated and amended. The boiler-plate section
projects
is also being reviewed and updated. Federal Specifications were updated and
David McBride
On-going
NIA
standardized for De-Portola and Rancho California Road. All specifications were updated
to 2009.
Circulation Element Implement Plan
This Project is to identify all future projects necessary so that the current Circulation
Element of the General Plan is fully implemented. Data entry into the database is
complete. The tasks of field verification, cost estimates preparation, and aerial mapping
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Amer Attar
N/A
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have all been completed. The information gathering and the reporting stage of this
project is complete. CIP staff will work with GIS to automate the availability and the update
of the information.
Update Plans to Reflect As-Built Conditions for All
City receives blue prints from many contractors marked with As-Built conditions for various
Recent Projects
projects. Some of these As-Built conditions have never been transferred to the project
On-going
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mylars. As-Built plans will be created for all recent projects, if it was not done at the time of
submission.
Consultant Selection
An Access database was created for our Consultant Selection List. Information is
Various
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On-going
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available on the City's web-site on how to be placed on the list and responses are being
entered into the computer as they are received.
CITY OF TEMECULA PAGE 11 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 3112/2009
% TIME
0yo
PROJECT
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
NO
PRIORITY
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. comp.!
CONTRACT
CURRENT STATUS & PROGRESS
PAID ($j
bid date)
Pavement Rehabilitation - Rancho California Road
Caltrans, Local Assistance approved the construction phase of work. STPL funding of
PW06-14
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(STPL)
Julie Dauer
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$2,958,000. Project is currently out to bid. Bid Opening is scheduled for January 29, 2009.
Pavement Rehabilitation of Rancho California Road
from Ynez Road to Butterfield Stage Road
Citywide Traffic Light Synchronization System
City has been awarded $515,000 in Traffic Light Synchronization Program (TLSP)
TBD
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Purchase, install & implement an adaptive traffic
Julie Dauer
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funding. Disbursements for these programs have currently been suspended.
al synchronization system along six corridors
sign
within the City.
PROJECTS BEING ADVERTISED FOR BIDS
Traffic Signal Installation - Citywide, Butterfield Stage
This project will install a new traffic signal on Butterfield Stage Road at Welton Street /
Rd at Welton St /Channel St
Kendra
Channel Street. Plans, Specifications & Estimate (PS&E) are complete. Authorization to
PW07-09
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Contractor.
Hannah-
advertise for construction bids was given by the City Council at the 12/16/08 meeting. The
Contract Amount:
Meistrelll Avlin
Odviar
protect is out to bid. Bid opening is scheduled for 03/17/09.
Account No. 210-165-669-58XX
Traffic Signal Installation - Citywide, Meadows Pkwy
This project will install a new traffic signal on Meadows Parkway at McCabe Drive/Sunny
at McCabe Dr
Kendra
Meadows Drive. Plans, Specifications & Estimate (PS&E) are complete. Authorization to
PW07-10
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Contractor:
Hannah-
advertise for construction bids was given by the City Council at the 12/16/08 meeting. The
Contract Amount:
Meistrelli Avlin
project is out to bid
Bid opening is scheduled for 03/17/09
Odviar
.
.
Account No. 210-165-672-58XX