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Home My WebLink About062309 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 23, 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 pursuant to Government Code Sections: Public Employee Performance Evaluation for the incumbent position of City Manager pursuant to Government Code Section 54957. Conference with designated representatives, Mayor and City Attorney, concerning possible negotiation of adjustments of salary and benefits for the unrepresented position of City Manager pursuant to Government Code Section 54957.6, provided that final action on such matters, if any is proposed, would only take place as an agenda item in open session of the Council. 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: 09-62 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 1 Jazz Month Proclamation TVUSD Elementary School Teacher of the Year - Denise Dugger TVUSD Middle School Teacher of the Year - Janis Fuhr TVUSD High School Teacher of the Year - Meline Akashian Certificate of Appreciation - Supervisor Jeff Stone PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of June 9, 2009. 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 Amend the City of Temecula's Development Impact Fee (DIF) Resolution No. 03-63 to temporarily suspend the automatic annual adjustment of DIF Fees for the fiscal year 2009- 10 RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUSPENDING THE AUTOMATIC ANNUAL ADJUSTMENT OF DEVELOPMENT IMPACT FEES FOR THE FISCAL YEAR 2009-10 AND RETAINING THE SAME DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2009-10 AS WERE IN EFFECT FOR FISCAL YEAR 2008-09. Professional Services Agreement between the City of Temecula and Applied Development Economics (ADE) for the Quality of Life Master Plan: Temecula 2030 RECOMMENDATION: 5.1 Approve a one-year contract for facilitation services for the Quality of Life Master Plan: Temecula 2030 with Applied Development Economics (ADE) for a contract amount of $129,597 and a 10% contingency of $12,960. Riverside Transit Authority (RTA) Agreement for Trolley Services RECOMMENDATION: 6.1 Approve a one-year contract for trolley services with Riverside Transit Authority (RTA) for a total of $300,000 in FY 09/10 Budget as provided by Lennar Homes in their conditions of approval. Agreement for Consulting Services between the City of Temecula and Roger Cantrell for Architectural Plan Review Services RECOMMENDATION: 7.1 Approve an agreement for Consultant Services with Roger Cantrell in the amount of $40,000 for Architectural Plan Review Services for Fiscal Year 2009-2010. Agreement for Consulting Services between the City of Temecula and Blanca Y. Price for Landscape Plan Check and Inspection Services RECOMMENDATION: 8.1 Approve an agreement for Consultant Services with Blanca Y. Price in the amount of $55,000 for Landscape Plan Check and Inspection Services for Fiscal Year 2009- 2010. Authorize Temporary Street Closure of a portion of Main Street for the "Temecula Valley International Jazz Festival" event scheduled for July 11, 2009 and delegate authority to issue a Special Events/Street Closures Permit to the Director of Public Works RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF A PORTION OF MAIN STREET FOR THE "TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL" EVENT SCHEDULED FOR JULY 11TH, 2009 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 10 Award a Construction Contract for the Citywide Concrete Repairs Project FY2008-09 - Proiect No. PW09-03 RECOMMENDATION: 10.1 Award a construction contract for Project No. PW09-03, the Citywide Concrete Repairs Project FY2008-09, to B & T Works, Inc. in the amount of $113,915.55; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $11,391.56, which is equal to 10% of the contract amount. 11 Fiscal Year 2009-2010 Real Estate Appraisal Services for various Capital Improvement Projects Annual Contract Amendments RECOMMENDATION: 11.1 Approve the Amendments to the Annual Agreements for Real Estate Appraisal Services Fiscal Year 2009-2010 with the following consultants, for the amount shown: 1. BTI Appraisal $ 50,000 2. Lea Associates, Inc. $ 50,000 3. Mason & Mason Real Estate Appraisers & Consultants $ 50,000 4. Robert Shea Perdue Real Estate Appraisal $ 50,000 5. Riggs & Riggs, Inc. $ 50,000 6. Warren Neville $ 50,000 12 Amendments to the Annual Agreements for Geotechnical and Material Testing Services for various Capital Improvement Projects for Fiscal Year 2009-2010 RECOMMENDATION: 12.1 Approve the Amendment to the Annual Agreement with Petra Geotechnical, Inc. in the amount of $100,000 to provide as needed geotechnical and material testing services; 12.2 Approve the Amendment to the Annual Agreement with Leighton Consulting, Inc. in the amount of $100,000 to provide as needed geotechnical and material testing services. 13 Amendments to the Annual Agreements for Engineering and Construction Survey Services for various Capital Improvement Projects for Fiscal Year 2009-2010 RECOMMENDATION: 13.1 Approve the Amendment to the Annual Agreement with Hall & Foreman, Inc. in the amount of $100,000 to provide as needed Engineering and Construction Survey services; 13.2 Approve the Amendment to the Annual Agreement with David Evans & Associates, Inc. in the amount of $100,000 to provide as needed Engineering and Construction Survey services. 14 Annual Agreement for Landscape Plan Check and Inspection Services for Fiscal Year 2009-2010 RECOMMENDATION: 14.1 Approve an Annual Agreement with David Neault Associates, Inc. in the amount of $100,000 to provide as needed Landscape Plan Check and Inspection Services for Fiscal Year 2009-2010. 15 Third Amendment to Professional Services Agreement - T.Y. Lin International, Preparation of Plans, Specifications and Estimate for the Western Bypass Bridge Over Murrieta Creek - Project No. PW06-04 RECOMMENDATION: 15.1 Approve a Third Amendment with T.Y. Lin International in an amount not to exceed $40,583 for additional services to modify the design of the Western Bypass Bridge over Murrieta Creek, Project No. PW06-04, to accommodate two (2) 12" diameter waterlines for Rancho California Water District (RCWD). 16 Second Amendment to Contract Agreement for On-Call Traffic Signal Maintenance Services for Fiscal Year 2008-2009 RECOMMENDATION: 16.1 Approve a Second Amendment to the Contract Agreement with Republic ITS to perform On-Call Traffic Signal Maintenance Services for an amount not to exceed $24,500. 17 First Amendment to Fire/EMS Protection Aareement for Fiscal Year 2009-10 RECOMMENDATION: 17.1 Approve the First Amendment to the Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention and medical aid. This Exhibit covers services requested for Fiscal Year 2009-10. 18 First Amendment to Agreement for Weed Abatement with Inland Empire Property Services, Inc. RECOMMENDATION: 18.1 Approve a first amendment to the agreement with Inland Empire Property Services, Inc. to provide weed abatement for Fiscal Year 2008/2009 in the amount of $15,000 for a total agreement amount of $65,000. 19 Application for Reconsideration of the Resolution(s) of the Riverside County Local Agency Formation Commission (LAFCO) related to the Santa Margarita Sphere of Influence Expansion and Annexation Applications RECOMMENDATION: 19.1 Authorize the Santa Margarita Annexation Ad-Hoc Subcommittee ("Subcommittee") to move forward, as may be determined by the Subcommittee, and file on behalf of the City an Application for Reconsideration of a Resolution of the Local Agency Formation Commission of Riverside County ("Application for Reconsideration") pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 related to the following LAFCO Applications: (1) LAFCO 2008-20-1 Municipal Service Review and Sphere of Influence Amendment (addition) to the City of Temecula (Santa Margarita) and the Temecula Community Services District (subsidiary); and (2) LAFCO 2008-21-1 Reorganization to Include Annexation to the City of Temecula (Santa Margarita) and the Temecula Community Services District (subsidiary) and Concurrent Detachments from County Service Area 152 and the Riverside County Waste Resources Management District 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 20 Action Minutes RECOMMENDATION: 20.1 Approve the action minutes of June 9, 2009. 21 Patricia H. Birdsall Sports Park Tournament Fee Amendment RECOMMENDATION: 21.1 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 TOURNAMENT FEE FOR RENTAL OF THE PATRICIA H. BIRDSALL SPORTS PARK ATHLETIC FIELDS 22 Temecula Community Services District Fiscal Year 2009-2010 Annual Maintenance Agreements RECOMMENDATION: 22.1 Approve the minor annual maintenance and construction contracts for Fiscal Year 2009-2010 with the following companies for an amount not to exceed: 1. Moore Fence Company, Inc. $75,000; 2. Imperial Paving Company, Inc. $75,000; 3. NPG, Inc. $75,000; 4. Strong's Painting $75,000; 5. Turner Electric $75,000; 6. Power Distributors, Inc. $75,000; 7. Craftsmen Plumbing & Heating $75,000; 8. Tiger Equipment, Inc. $75,000; 9. Murrieta Development Company, Inc. $75,000 10. Toran Development & Construction $75,000 11. T.D. Grogan Construction $75,000 12. Becker Engineering $75,000 13. Del Rio Enterprise $75,000 23 Approval of Plans and Specifications and authorization to Solicit Construction Bids for Redhawk Park Improvements - Project No. PW06-06 RECOMMENDATION: 23.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Redhawk Park Improvements - Project No. PW06-06. 24 Amendment to Agreement with Adkins Consulting RECOMMENDATION: 24.1 Approve an amendment to the Adkins Consulting agreement in the amount of $30,000 to provide marketing and promotional support services for the Cultural Arts Division, Recreation, and the Old Town Temecula Community Theater. 25 Renaming the Children's Museum "Pennypickle's Workshop, Temecula Children's Museum" RECOMMENDATION: 25.1 Approve the recommendation from the Community Services Commission to rename the Temecula Children's Museum "Pennypickle's Workshop, Temecula Children's Museum". CSD DEPARTMENTAL REPORT 26 Community Services Department Monthly 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 27 Action Minutes RECOMMENDATION: 27.1 Approve the action minutes of June 9, 2009. 28 Agreement between Melody's Ad Works and the Redevelopment Aaencv for FY 2009-10 RECOMMENDATION: 28.1 Approve an agreement with Melody's Ad Works in the amount of $39,700 for promoting and marketing Special Events in Old Town for FY 2009-10. 29 Third Amendment to the Exclusive Negotiating Agreement between the Temecula Redevelopment Agency and R.C. Hobbs Co RECOMMENDATION: 29.1 Approve the Third Amendment to the Exclusive Negotiating Agreement (ENA) between the Agency and the R.C. Hobbs Co. 30 Exclusive Negotiating Agreement between the Temecula Redevelopment Aaencv and Temecula Waterpark LP RECOMMENDATION: 30.1 Approve an Exclusive Negotiating Agreement between the Agency and Temecula Waterpark LP. 31 Acquisition of Property located at 28725 Puiol Street RECOMMENDATION: 31.1 Adopt a resolution entitled: RESOLUTION NO. RDA 09- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND ANTONIO RAUL MUNIZ AND AIDA MUNIZ FOR THE PURCHASE OF CERTAIN REAL PROPERTY FOR AFFORDABLE HOUSING RDA DEPARTMENTAL REPORT 32 Redevelopment Department Monthly Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 33 Lonq Range Planning Project No. LR09-0007 Small Wind Energy Conversion System Ordinance - an Ordinance to establish development standards for allowing small wind energy conversion systems within all zoning districts, with the exception of the Open Space-Conservation zoning district - at the request of Mayor Edwards RECOMMENDATION: 33.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH CITYWIDE STANDARDS FOR SMALL WIND ENERGY CONVERSION SYSTEMS IN VARIOUS ZONING DISTRICTS WITHIN THE CITY OF TEMECULA 34 Planning Application Number LR08-0019 - a proposed Heritage Tree Ordinance, adding new Chapter 8.48 to Title 8 of the Temecula Municipal Code RECOMMENDATION: 34.1 Introduce and read by title only an ordinance entitled: 10 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 CITY COUNCIL BUSINESS 35 Planning Commission Appointments RECOMMENDATION: 35.1 Appoint two applicants to serve full three-year terms on the Planning Commission through June 15, 2012. 36 Old Town Local Review Board Appointments RECOMMENDATION: 36.1 Appoint three applicants to serve full three-year terms on the Old Town Local Review Board through June 15, 2012. DEPARTMENTAL REPORTS 37 Planning Department Monthly Report 38 City Council Travel/Conference Report - May 2009 39 Public Works Department Monthly Report 40 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, July 14, 2009, at 5:30 P.M., for a Closed Session, with the regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. 11 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.ora 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. 12 PRESENTATIONS N rd N ~ o i~ i x Can 4-11 4-4 S. r2 o 0i G Con -pl w , o ct, 4 ct c.~ U GN U rn O O ✓ N U U 0 N r, 11 4 fi p `IV • V Q r, ` N •~r, ~ l } c~ N ~ V ~ 77$ , cn ~ ~ 'O v 1 c3 G 1-4 4-4 U ~I ~ N U 4 N O l) U 4-4 ° N "d w rte, 'r" cj W ~ h W W ~ W W ' r) ct a y ° 71 C o N ~ Ul 0j ^Y m W w ~ CCG v y Z ~o o d v.~ V.A p w •N y ~ 0 Z*.~4 ~.Vso w N ~ . r [ „y ~q•~q P.k ~ o fir. v • N CO N O c~ U:' y ° 71 Cd o c ILI, O ` Oi 0 C ~ y w 05 Cd N co ~ w 'd cq N ~ c~ to~ p g' M y p w rr+YY y ~ N N U ° c~ U:' . v . ~on O W o El CC:D) 4 ~ ti ; % ' x a v N N V .5 it v I o I ~ rn c~ c~ - 3 ' o I I U C~ ~ ~ • c~ N ^ S . Vi F ° o I I n c n f ~ o Ch ~ ~i • ~ bhp ~ ~ ~ ~ ct d U U U C11 v] N A GOS r, j "ti' U U f{~"i~~ p O W O 4- ~ U O ~ ~ ~ ~ ~ d 4 ~ r7 CC3 tj 45 o lei H s • V W V N O CID O ct ~ y O ct DO ~ U U U r ~ H U U •i s • ~ ~ C' U 414 rA ct U ) ; ct _4 H U o ~ U I L- H J CONSENT CALENDAR ITEM NO. 1 ITEM NO. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 9, 2009 - 7:00 PM 6:15 P.M. - Closed Session of the City Council pursuant to Government Code Sections: 1) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for property owned by Madison Holdings, LLC, a California Limited Liability Company, which is commonly known as 27135 Madison Avenue, Temecula, and is identified as Riverside County Assessor's Parcel Number 910-262-006. The negotiating parties are the City of Temecula and Madison Holdings, LLC, a California Limited Liability Company. Under negotiation are the price and terms. The City negotiators are Shawn Nelson, Greg Butler, and Amer Attar. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for property owned by Basics Etc. Corporation, which is commonly known as 41375 McCabe Court, Temecula, and is identified as Riverside County Assessor's Parcel Number 910-262-008. The negotiating parties are the City of Temecula and Basics Etc. Corporation. Under negotiation are the price and terms. The City negotiators are Shawn Nelson, Greg Butler, and Amer Attar. 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 Comerchero moved to call the Closed Session to order. The motion was seconded by Council Member Naggar and voice vote reflected unanimous approval. The City Council recessed to Closed Session for the purpose of discussing real property negotiations for the acquisition of the Madison Holdings and Basic Etc. properties for the proposed French Valley Interchange as described on the Agenda. The City Attorney advised Mayor Edwards and Council Member Roberts not to participate in the Closed Session because the public records show that Mission Oaks National Bank holds a deed of trust on the Madison Holdings parcel. Mayor Edwards is an employee and officer of the Bank and Council Member Roberts' wife owns stock in the Bank whose value is above the threshold for an economic interest. The City Attorney advised Council Member Naggar that he may participate in the Closed Session because although he owns stock in the Bank, the value of his stock is below the threshold level of $2,000 for an economic interest. Action Minutes City Council 060909 The City Council meeting convened at 7:00 PM. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Susan Miyamoto Invocation: Pastor Anthony Ferrell of Mountain View Community Church Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards Temecula Achievement Program Awards Jerry Williams Day Proclamation and Introduction of new Police Chief Andre O'Harra PUBLIC COMMENTS Paul Jacobs - addressed the City Council with regard to the recent LAFCO hearing. CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; 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. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of May 20, 2009; - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. 2.2 Approve the action minutes of May 26, 2009. - Approved Staff Recommendation (3-0-2) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with Council Members Comerchero and Washington abstaining. Action Minutes City Council 060909 2 List of Demands - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Financial Statements for the Nine Months Ended March 31, 2009 - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Receive and file the Financial Statements for the nine months ended March 31, 2009; 4.2 Approve the acceleration of funding in the amount of $60,000 in Transportation Enhancement Act (TEA) Fund for the Winchester 79 North beautification project; 4.3 Approve a transfer of $120,000 of RDA bond proceeds fund from Old Town Infrastructure Relocation of existing Structures, Demolition and Grading projects to Old Town Parking Structures, Office, and Retail project; 4.4 Approve an appropriation of $500 in the City 2008 COP's Debt service funds for trustee administrative fees. City Treasurer's Report as of April 30. 2009 - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve and file the City Treasurer's Report as of April 30, 2009. Voter Approved Measure C Annual Special Tax Levy - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Adopt a resolution entitled: Action Minutes City Council 060909 RESOLUTION NO. 09-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2009-2010 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS Resolution Adopting FY2009-2010 Solid Waste Rates - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 09-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE RATES FOR FISCAL YEAR 2009-2010 First Amendment to Contract Agreement for On-Call Traffic Signal Maintenance Services for Fiscal Year 2009-2010 - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Approve a First Amendment to the Contract Agreement with Republic ITS to perform On-Call Traffic Signal Maintenance Services for an amount not-to-exceed $50,000, and extend the contract term to June 30, 2010. Amendment to Contract Agreement for On-Call Maintenance and Repairs of Closed Circuit Television (CCTV) Cameras and Equipment for Fiscal Year 2009-2010 - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Approve a First Amendment to the Contract Agreement with Crosstown Electrical & Data, Inc., to perform On-Call Maintenance and Repairs of Closed Circuit Television (CCTV) Cameras and Equipment for an amount not-to-exceed $20,000, and extend the contract term to June 30, 2010. Action Minutes City Council 060909 10 Authorize Temporary Street Closure of Pauba Road between Margarita Road and Showalter Road for the "July 4th, 2009 Fireworks ShovJ' and Delegate Authority to Issue Special Events/Street Closures Permit to Director of Public Works - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 09-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF PAUBA ROAD BETWEEN MARGARITA ROAD AND SHOWALTER ROAD FOR THE "JULY 4TH 2009, FIREWORKS SHOW", AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 11 Authorize Temporary Street Closure of Old Town Front Street between Moreno Road (S) and 1 st Street: Main Street from the East Edge of the Children's Museum Driveway to Mercedes Street; Moreno Road; 2nd Street; 3rd Street; 4th Street; 5th Street; 6th Street; and Mercedes Street between Moreno Road and 2nd Street for the "Star Spangled 4th of July Parade" and Delegate Authority to Issue Special Events/Street Closures Permit to the Director of Public Works - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 09-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF OLD TOWN FRONT STREET BETWEEN MORENO ROAD (S) AND 1ST STREET; MAIN STREET FROM THE EAST EDGE OF THE CHILDREN'S MUSEUM DRIVEWAY TO MERCEDES STREET; MORENO ROAD; 2ND STREET; 3RD STREET; 4TH STREET; 5TH STREET; 6TH STREET; AND MERCEDES STREET BETWEEN MORENO ROAD AND 2ND STREET FOR THE "STAR SPANGLED 4TH OF JULY PARADE" AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES Action Minutes City Council 060909 12 Authorize Temporary Street Closure for the Street Painting Festival in Old Town (Fifth Street between Old Town Front Street and Mercedes Street) - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 09-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CLOSURE OF A PORTION OF FIFTH STREET FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 13 Public Works Fiscal Year 2009-2010 Annual Maintenance Contract Amendments - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Approve the Annual Maintenance Contracts Amendments for Fiscal Year 2009- 2010. 1. Becker Engineering $200,000.00 2. Del Rio Enterprises $ 50,000.00 3. Imperial Paving Co., Inc. $200,000.00 4. Monteleone Development $200,000.00 5. N PG Corporation $ 50,000.00 6. Pacific Striping, Inc. $100,000.00 7. Rene's Commercial Management $200,000.00 8. Strong's Painting $ 50,000.00 9. West Coast Arborists $200,000.00 14 Annual Agreement for FY 2009-2010 for Minor Maintenance Services - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Approve an agreement for Fiscal Year 2009-2010 with Murrieta Development Co., Inc. in the amount of $50,000 for minor maintenance services for future repair, improvement and maintenance upon real and personal property of the City of Temecula. Action Minutes City Council 060909 15 Agreement for Plan Review Services with Esgil Corporation for FY 2009-2010 - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 15.1 Approve an agreement for Consulting Services with Esgil Corporation to provide Plan Check Services for Fiscal Year 2009-2010 in the amount of $60,000. 16 Agreement for Plan Review Services with Abdul Behnawa for FY 2009-2010- Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 16.1 Approve an agreement for Consultant Services for Plan Check Review for Fiscal Year 2009-2010 with Abdul Behnawa in an amount not to exceed $40,000. 17 First Amendment to a Professional Service Agreement for Landscape Inspection Services with David Neault Associates, Inc. for the Pechanga Parkway Phase II Street Improvements Project - Project No. PW99-11 - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 17.1 Approve the First Amendment to the Agreement with David Neault Associates, Inc. for landscape inspection services for the Pechanga Parkway Phase II Street Improvements Project in an amount not to exceed $50,825 - Project No. PW99-11. 18 Agreement for Consulting Services between the City of Temecula and Environmental Science Associates (ESA) for an Environmental Impact Report (EIR) for the Old Town Specific Plan Amendment - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 18.1 Approve an Agreement for Consulting Services with Environmental Science Associates (ESA) in the amount of $129,000 to prepare an Environmental Impact Report (El R) for the Old Town Specific Plan Amendment. Action Minutes City Council 060909 19 Records Destruction Approval.- Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 19.1 Approve the schedule destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. 20 Trustee/Fiscal Aaent Services for Fiscal Year 2009-2010 -Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 20.1 Approve the expenditure of $51,260 for annual Trustee/Fiscal Agent services provided by US Bank for the City's Community Facilities Districts, Assessment District, Tax Allocation Bonds, and Certificates of Participation for fiscal year 2009- 2010. At 7:22 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:45 P.M., the City Council resumed with regular business. DEPARTMENTAL REPORTS CITY MANAGER REPORT City Manager Nelson thanked the City Council for its strong unified support with regard to the difficult budget choices. CITY ATTORNEY REPORT City Attorney Thorson advised that there were not actions to report under the Brown Act with regard to Closed Session. With regard to the two real property items, Mr. Thorson noted that those items will be brought back once an agreement is reached for approval of a Purchase and Sale Agreement in open session. At that meeting, neither Mayor Edwards nor Council Member Roberts participated for the reasons set forth prior to the Closed Session. Action Minutes City Council 060909 ADJOURNMENT At 8:07 P.M., the City Council meeting was formally adjourned to Tuesday, June 23, 2009, at 5:30 P.M. for a Closed Session with regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Maryann Edwards, Mayor Action Minutes City Council 060909 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: June 23, 2009 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 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 No. 09- 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 $3,523,831.64. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of June, 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 23rd day of June, 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 05/28/2009 TOTAL CHECK RUN 06/04/2009 TOTAL CHECK RUN 05/28/2009 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 06/23/2009 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 165 AFFORDABLE HOUSING 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 194 TCSD SERVICE LEVEL D 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECTS FUND 280 REDEVELOPMENT AGENCY - CIP PROJECT 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 375 SUMMER YOUTH EMPLOYMENT PROGRAM 2,053,910.77 53,043.06 170,774.51 119.00 14,119.62 1,112.83 5,484.66 1,446.33 640,436.31 3,379.80 1,444.72 66,222.77 10,823.98 22,343.64 689.62 $ 1,124,332.32 1,921,019.30 478,480.02 $ 3,523,831.64 $ 3,045,351.62 001 GENERAL FUND 165 AFFORDABLE HOUSING 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 194 TCSD SERVICE LEVEL D 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 280 REDEVELOPMENT AGENCY - CIP PROJECT 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 375 SUMMER YOUTH EMPLOYMENT PROGRAM 308,402.04 7,142.33 107,500.68 152.37 5,216.13 1,411.03 1,478.25 739.81 3,675.77 1,251.82 25,596.79 3,854.91 8,626.43 3,431.66 478,480.02 TOTAL BY FUND: $ 3,523,831.64 apChkLst Final Check List Page: 1 0512812009 4:38:3 1 PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1256 05/2112009 012899 CHICAGO TITLE NEW 1st home buyer prgm:Stoiber, Gretchen 37,980.00 37,980.00 COMMUNITIES 1257 05128/2009 010349 CALIF DEPT OF CHILD SUPPORT Support Pmt 553.84 553.84 1257 0512812009 010349 CALIF DEPT OF CHILD SUPPORT Support Pmt 25.00 25.00 1258 0512812009 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,707.88 2,707.88 SOLUTION 1259 05128/2009 000444 INSTATAX (EDD) State Disability Ins Payment 23,305.62 23,305.62 1260 05128/2009 000283 INSTATAX(IRS) Federal Income Taxes Payment 82,859.93 82,859.93 1261 0512812009 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 19,127.60 19,127.60 SOLUTION 1262 05128/2009 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 125,787.50 125,787.50 RETIREMENT) 131710 05128/2009 006915 ALLIE'S PARTY EQUIPMENT 25tables:Mayor's youth employment fair 1,006.26 1,006.26 131711 05128/2009 012875 ALSTON QUALITY INC deposit/replace 8 dining chairs @ fs 84 550.28 550.28 131712 0512812009 011961 AT&T MOBILITY 51181407013465:cell phone usage 150.59 150.59 131713 0512812009 005709 BAMM PROMOTIONAL T-shirts:day camp pgrm 1,764.47 1,764.47 PRODUCTS 131714 0512812009 002541 BECKER CONSTRUCTION SRVS Catch basin repair:felix valdezl6th 377.90 377.90 INC 131715 05128/2009 002377 BEST BUY COMPANY INC computer purchase prgm:G.Flores 1,093.98 1,093.98 131716 05128/2009 012583 BLANCAY PRICE May Lndscp Plan Ck Srvcs:Planning 1,440.00 1,440.00 131717 05128/2009 005384 CALIF BAGEL BAKERY & DELI refreshments:city mgr mtg 4127109 316.98 316.98 131718 05128/2009 003775 CHAPARRAL HIGH SCHOOL sponsorship ad:C.M. 100.00 100.00 Page:1 apChkLst Final Check List Page: 2 0512812009 4:38:31 PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid 131719 0512812009 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 116.00 131720 05128/2009 010650 CRAFTSMEN PLUMBING & HVAC Plumbing srvcs:city hall INC Plumbing srvcs:tcc 131721 05128/2009 003962 DAVID NEAULT ASSOCIATES INC Ldscp inspect svc:pechanga ph II 131722 05128/2009 006150 DIALOGIC COMMUNICATIONS 611109-5131110 software:reverse 911 CORP. 6109-5110 sftwr licenselsvc:NXT Comm 131723 05128/2009 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles:TCSD INC Fuel for City vehicles:PW Maint Fuel for City vehicles:PW Depts Fuel for City vehicles:PW CIP Fuel for City vehicles:PW Traffic Fuel for City vehicles:City Clerk/l.S. 131724 05128/2009 002390 EASTERN MUNICIPAL WATER May 190304-02 Seraphina Rd Ldscp DIST 131725 05128/2009 003347 FIRST BANKCARD CENTER PAT & OSCARS RESTAURANT SJ refresh m ents: council mtg 4114 ABBEY PARTY RENTS SJ linen rental:AOB wrkshp 5120109 CUT RATE BATTERIES SJ battery supplies:records mgmt 131726 0512812009 003946 G T ENTERTAINMENT DJ & sound equip:'09 csd expo 131727 05128/2009 000520 H D L COREN & CONE INC Property Tax Consulting: Finance 131728 0512812009 001013 HINDERLITER DE LLAMAS & Software support & maint:bus license ASSOC 4/1109-3131110 maint fees-Bus Lic Web 131729 0512812009 011342 I A C ENGINEERING INC. Apr Prgs Pmt:Murr Crk M1P Trail 131730 05128/2009 000194 1 C M A RETIREMENT-PLAN 303355 131731 05128/2009 004406 IGOE & COMPANY INC 131732 05128/2009 010766 INLAND VALLEY YOUTH SYMPHONY I C M A Retirement Trust 457 Payment May'09 flex benefit plan pmt Symphony's performance 5114109 339.96 130.00 4,797.50 8,500.00 5,038.00 1,728.05 881.43 416.72 172.99 143.22 56.18 419.60 234.68 70.00 28.00 250.00 5,000.00 5,718.65 1,811.98 15,825.20 8,818.59 294.00 130.02 Check Total 116.00 469.96 4,797.50 13,538.00 3,398.59 419.60 332.68 250.00 5,000.00 7,530.63 15,825.20 8,818.59 294.00 130.02 Page2 apChkLst 0512812009 4:38:31 PM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131733 05128/2009 005571 JOAN F. SPARKMAN SCHOOL refund:sec dep:rm rental:crc 150.00 150.00 PTA 131734 05/2812009 004905 LIEBERT, CASSIDY & WHITMORE Apr HR legal svcs for TE060-9 6,336.60 Apr HR legal svcs for TE060-1 351.00 6,687.60 131735 05128/2009 004929 MARK FISHER COMPANY, THE Advertising: balloon & wine festival 206.62 206.62 131736 05128/2009 004951 MIKE'S PRECISION WELDING Welding srvcs:aquatics pgrm 285.00 285.00 INC. 131737 05128/2009 012901 MILLIGAN, JASON refund:light sticks for FS#73 65.26 65.26 131738 05128/2009 005887 MOFFATT & NICHOL ENGINEERS Feb Consult Svcs:French Valley Pkwy 125,745.88 Mar Consult Svcs: French Vly Pkwy 63,864.69 189,610.57 131739 05128/2009 003707 NAT'L ASSN OF PURCHASING fy 09110 mbrshp dues:M.Vollmuth 36245 170.00 170.00 MGMT 131740 0512812009 009694 ONSTAGE MUSICALS concertlcabaret series 513109 6,960.39 6,960.39 131741 05128/2009 011284 P D S WEST Dec-Jan srvcs:nicholas dsgn guidelines 5,622.50 5,622.50 131742 05128/2009 012183 PEACH REASONER Performance:Theater 615109 2,500.00 2,500.00 131743 05128/2009 010134 PECK, WILLIAM T. Lecturelwrkshp:history museum 512 200.00 200.00 131744 05128/2009 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 131745 05128/2009 000249 PETTY CASH Petty Cash Reimbursement 593.22 593.22 131746 05128/2009 001999 PITNEY BOWES postage meter ink:central srvcs 557.85 557.85 131747 05128/2009 000253 POSTMASTER Express Mail & Postal Svcs 31.93 31.93 131748 05128/2009 002612 RADIO SHACK INC cmptr hardware supplies:info sys 39.25 cmptr hardware supplies:info sys 16.80 cmptr hardware supplies:info sys 14.92 70.97 Page:3 apChkLst Final Check List Page: 4 0512812009 4:38:3 1 PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131749 05128/2009 000262 RANCHO CALIF WATER DISTRICT Aprvarwater meters:PW 920.99 Apr var water meters: Fire 624.82 Apr:water meter:PW01-27 Murr Crk 19.73 Apr:water meter:PW01-27:Murr Crk 19.73 1,585.27 131750 05128/2009 000271 RBF CONSULTING Mar eng srvcs:l-15/SR-79 Ult. Intrchg 25,028.57 25,028.57 131751 05128/2009 004584 REGENCY LIGHTING electrical supplies:library 115.62 115.62 131752 05128/2009 010777 RIVERSIDE CO EXECUTIVE library materials for Temecula library 250,000.00 250,000.00 OFFICE 131753 05128/2009 000406 RIVERSIDE CO SHERIFFS DEPT fy 08109 Police RMS/CLETS srvcs 213,003.00 213,003.00 131754 05128/2009 000406 RIVERSIDE CO SHERIFFS DEPT Apr'09 booking fees 2,185.59 2,185.59 131755 05128/2009 000357 RIVERSIDECO plans for tract 30246/Red hawk: PW 24.00 24.00 TRANSPORTATION 131756 0512812009 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 131757 0512812009 012771 SAN JOSE MUSEUM OF QUILTS bal.duelexhibition fee:history museum 500.00 500.00 131758 05128/2009 009980 SANBORN, GWYN Country @ the Mere 5116109 678.00 678.00 131759 05128/2009 001736 SELBY DEVELOPMENT CORP. refund:ext of time appl cancelled 2,916.00 2,916.00 131760 0512812009 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Pmt 442.19 442.19 131761 05128/2009 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Pmt 366.60 366.60 131762 05128/2009 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Pmt 200.00 200.00 131763 05128/2009 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Pmt 100.00 100.00 131764 0512812009 009213 SHERRY BERRY MUSIC Jazz @ the Mere 5114109 504.00 504.00 Page-.4 apChkLst 0512812009 4:38:31 PM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 131765 05128/2009 010745 SHERWIN WILLIAMS 131766 05128/2009 000645 SMART & FINAL INC 131767 0512812009 000537 SO CALIF EDISON Final Check List CITY OF TEMECULA (Continued) Description painting supplies: harv lake park misc supplies:Teen Prgm May 2-00-397-5059 var mtrs:tcsd May 2-28-331-4847 Pauba Rd May 2-30-099-3847 29721 Ryecrest 131768 05128/2009 010679 TEMECULA AUTO City veh repair & maint:fire prev REPAIR/RADIATOR 131769 0512812009 000876 TEMECULA VALLEY BALLOON & '09 balloon & wine festival sponsorship WINE 131770 05128/2009 012800 TVHS BAND TVHS Band performance 5115109 131771 05128/2009 000325 UNITED WAY United Way Charities Payment 131772 05128/2009 005805 URISA '09 mbrshp dues:J. DeGange 00030567 '09 mbrshp dues:K. Beal 00030573 '09 mbrshp dues:A Matthews 00058269 131773 0512812009 004261 VERIZON May xxx-5072 general usage May xxx-0073 general usage May xxx-2075 general usage 131774 05128/2009 001342 WAXIE SANITARY SUPPLY INC custodial supplies:foclwest wing 131775 05128/2009 000621 WESTERN RIVERSIDE COUNCIL Consulting srvcs:SCE rate case review OF 131776 05128/2009 004567 WITCHER ELECTRIC Electrical srvcs:foc Electrical srvcs:children museum 131777 05/28/2009 003776 ZOLL MEDICAL CORPORATION medical supplies:paramedics medical supplies:paramedics medical supplies:paramedics Amount Paid 76.41 171.71 9,804.58 110.55 78.63 85.00 29,750.00 954.60 36.00 175.00 175.00 175.00 2,352.27 263.18 32.94 132.97 2,090.00 3,940.00 815.00 946.13 174.70 173.26 Grand Total All Checks: Page: 5 Check Total 76.41 171.71 9,993.76 85.00 29,750.00 954.60 36.00 525.00 2,648.39 132.97 2,090.00 4,755.00 1,294.09 1,124,332.32 Pagea apChkLst Final Check List Page: 6 0512812009 4:38:31 PM CITY OF TEMECULA 76 checks in this report. Grand Total All Checks: 1,124,332.32 Page6 apChkLst 0610412009 3:42:42PM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 131778 0610412009 009604 12MILESOUT.COM Apr web streaming videosvc:IS 1,000.00 1,000.00 131779 06104/2009 004767 ALERT ALL CORPORATION promo items: Fire Prevention 4,916.59 4,916.59 131780 06104/2009 006915 ALLIE'S PARTY EQUIPMENT linen rental: TCSD 20.87 linens: Mother's Day Tea 519 223.63 244.50 131781 06104/2009 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 675.00 DUI & drug screenings: Police 405.00 1,080.00 131782 06104/2009 000747 AMERICAN PLANNING 7109-6110 APA mbrshp: Papp, Emery 558.00 558.00 ASSOCIATION 131783 06/0412009 000747 AMERICAN PLANNING 7109-6110 APA mbrshp: Fisk, Stuart 475.00 475.00 ASSOCIATION 131784 0610412009 000936 AMERICAN RED CROSS Iifeguarding certs: Aquatics pgrm 192.00 192.00 131785 0610412009 001323 ARROWHEAD WATER INC Bottled wtr svcs: TES pool 6.51 Bottled wtr svcs: CHS pool 4.34 Bottled wtr svcs: PBSP 32.26 Bottled wtr svcs: CM 12.44 Bottled wtr svcs: Fld Op Ctr 142.33 Bottled wtr svcs: CH 287.64 Bottled wtr svcs: Library 58.90 Bottled wtr svcs: Theater 31.71 BOTTLED WTR SVCS: TCC 21.21 Bottled wtr svcs: Ch Museum 23.73 Bottled wtr svcs: Skate Park 8.69 Bottled wtr svcs: TV Museum 13.94 Bottled wtr svcs: CRC 46.19 Bottled wtr svcs: Maint Facility 141.59 831.48 131786 06/04/2009 003203 ARTISTIC EMBROIDERY dep recognition shirts: TCSD 2,264.72 2,264.72 131787 0610412009 012834 AUDIO ADDICTION INC Handsfree Speaker Install: Fire 248.79 Handsfree Speaker Install: Fire 248.79 Handsfree Speaker Install: Fire 248.79 Handsfree Speaker Install: Fire 248.79 Handsfree Speaker Install: Fire 248.79 1,243.95 131788 0610412009 010806 BARNEYS TIRE AND WHEEL Tire Replacement: Fire 454.28 454.28 131789 0610412009 012423 BATTERY OUTLET INC battery supplies: PW Traffic 887.07 887.07 Page:1 apChkLst Final Check List Page: 2 06104/2009 3:42:4 2PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131790 06104/2009 002541 BECKER CONSTRUCTION SRVS asphalt repairs: Citywide 2,262.40 2,262.40 INC 131791 06104/2009 010528 BEDOY ENTERPRISES vehicle repairlmaint: Stn 12 195.75 195.75 131792 0610412009 012662 BEHNAWA, ABDUL SHUKOOR Jan plan check svcs: B&S 1,924.25 Feb plan check sacs: B&S 2,265.20 Mar plan check svcs: B&S 1,785.18 Apr plan check svcs: B&S 598.24 6,572.87 131793 06/04/2009 004262 BIO-TOX LABORATORIES DUI & drug screenings: Police 780.00 DUI & drug screenings: Police 777.30 DUI & drug screenings: Police 687.71 2,245.01 131794 06104/2009 004176 BROADWING 5115-6114 long distlintemet svcs 741.00 741.00 TELECOMMUNICATIONS 131795 0610412009 000128 BROWN & BROWN OF CALIF INC Policy chg GP06302066 truck added 40.00 40.00 131796 06/0412009 009082 C B C TECHNICAL INC misc supplies: Theater 90.04 90.04 131797 06/04/2009 003138 CAL MAT PW patch truck materials 228.16 PW patch truck materials 228.81 PW patch truck materials 788.66 PW patch truck materials 784.09 PW patch truck materials 133.77 PW patch truck materials 133.77 2,297.26 131798 0610412009 005071 CALIF ASSN OF PARKS 09110 mb (5)TCSD Commissioners 175.00 175.00 131799 0610412009 001054 CALIF BUILDING OFFICIALS '07 CBCtrn Escondido 6125:Clements,B 150.00 150.00 131800 06104/2009 004248 CALIF DEPT OF JUSTICE- DUI & drug screenings: Police 1,610.00 1,610.00 ACCTING 131801 06104/2009 000152 CALIF PARKS & RECREATION 09110 CPRS mb: Pelletier, Julie 140.00 140.00 SOC 131802 0610412009 000152 CALIF PARKS & RECREATION 09110 CPRS mb: Harrington, Kevin 135.00 135.00 SOC 131803 06104/2009 004971 CANON FINANCIAL SERVICES, May copier lease: Stn 84 182.55 INC May copier lease: City Facilities 4,744.84 4,927.39 Paget apChkLst Final Check List Page: 3 06104/2009 3:42:4 2PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131804 06104/2009 011510 CATO GEOSCIENCE INC Oct-Dec'08 cnslt svc:mining ops 7,920.00 7,920.00 131805 06/04/2009 000137 CHEVRON AND TEXACO City vehicles fuel: CM 52.25 52.25 131806 06104/2009 004609 CINTAS DOCUMENT May Doc Shred Svc: Pd Mall Storefront 32.50 32.50 MANAGEMENT 131807 0610412009 005417 CINTAS FIRST AID & SAFETY First aid supplies: Maint Facility 90.74 First aid supplies: CH 111.24 First aid supplies: Fld Op Ctr 99.50 301.48 131808 06104/2009 012627 CLEAR IMAGE ENTERPRISES INC window cleaning Svcs: City Hall 420.00 420.00 131809 06/04/2009 003151 COMMERCIAL TRANSPORTATION driver training: PW Maint 285.50 285.50 SERV 131810 06104/2009 006303 CONDUIT NETWORKS, INC network cnslt Svcs: Info Sys 1,575.00 1,575.00 131811 06104/2009 003986 COZAD & FOX INC Diaz Rd survey filing fee 880.00 880.00 131812 0610412009 010650 CRAFTSMEN PLUMBING & HVAC plumbing svcs: CRC pool 10,000.00 10,000.00 INC 131813 06/0412009 008810 CROSSTOWN ELECTRICAL & camera repairtmaint:PW Traffic 5,600.00 5,600.00 DATA 131814 06104/2009 003272 DAISY WHEEL RIBBON plotter supplies: Library 1,010.51 COMPANY INC plotter supplies: Info Sys 202.10 1,212.61 131815 06104/2009 007752 DAKIN, SEAN reimb: htl Incident Trng Camarillo 5121 91.64 91.64 131816 06104/2009 001393 DATA TICKET INC Apr parking citation svcs: Police 3,151.76 3,151.76 131817 06/04/2009 012600 DAVID EVANS & ASSOCIATES Apr eng Svcs: Nicolas Valley 1,562.36 1,562.36 INC 131818 06104/2009 002990 DAVID TURCH & ASSOCIATES May-Jun federal lobbyist svc:CM 7,000.00 7,000.00 131819 06/0412009 012876 DESOTO SALES INC equip parts: PW Maint 243.19 243.19 Page:3 apChkLst Final Check List Page: 4 06104/2009 3:42:42PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 131820 06104/2009 003945 DIAMOND ENVIRONMENTAL May portable restrooms:Veterans Pk SRVCS May portable restrooms:Lg Cyn Pk May portable restroom s: Riverton Pk May portable restroorn s: Red hawk Pk May portable restrooms:Vail Rch 131821 06104/2009 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: Police INC Fuel for City vehicles: B&S Fuel for City vehicles: Code Enf/Pln 131822 0610412009 011202 E M H SPORTS & FITNESS TCSD instructor earnings TCSD instructor earnings 131823 0610412009 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Earnings AILEEN TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 131824 0610412009 011375 EDUCATIONAL INNOVATIONS INC misc supplies: Children's Museum 131825 06/0412009 011203 ENVIRONMENTAL CLEANING May Janitorial Svc:Park Restrooms 131826 06104/2009 012630 ERICKSON-HALL CONSTRUCTION CO 131827 06104/2009 001056 EXCEL LANDSCAPE 131828 06104/2009 003747 FINE ARTS NETWORK 131829 06/04/2009 000166 FIRST AMERICAN TITLE COMPANY 131830 06104/2009 010493 FOREST CITY COMMERCIAL MGMT Apr const svcs: TCC Expansion irrigation repairs: Redhawk irrigation repairs: Pala Park sttlmnt: Mikado 5/30-31 prelim title rpt:33891 Summerhouse Jun lease pmt: PD mall storefront 131831 06/04/2009 001989 FOX NETWORK SYSTEMS INC misc equip: Info Sys misc computer supplies: Info Sys misc computer supplies: Info Sys UPS equip: CRC data room 131832 06/04/2009 009097 FULL COMPASS SYSTEMS Misc Supplies: Theater Amount Paid 55.88 55.88 55.88 55.88 55.88 58.65 208.19 215.73 546.00 336.00 140.00 196.00 210.00 42.00 182.00 189.00 126.08 5,315.00 147,721.69 109.36 337.13 2,634.97 750.00 1,458.33 331.75 202.67 1,275.41 1,018.24 416.00 Check Total 279.40 482.57 882.00 959.00 126.08 5,315.00 147,721.69 446.49 2,634.97 750.00 1,458.33 2,828.07 416.00 Page-.4 apChkLst 06104/2009 3:42:42PM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131833 06104/2009 011262 FURLONG, DEBORAH refund: Beginner Golf Camp 55.20 55.20 131834 06/04/2009 007866 G C S SUPPLIES INC returned computersupplies:lnfo Sys -1,196.25 toner cartridges: Info Sys 2,565.05 1,368.80 131835 0610412009 010326 G E MOBILE WATER, INC May osmosis washer maint:Stn 73 55.00 May osmosis washer rent:Stn 73 26.10 81.10 131836 06104/2009 001937 GALLS INC Uniforms: Police Volunteers 12.00 returned uniform breeches: Police -108.66 Uniforms: Police Volunteers 25.00 uniform breeches: Police 166.81 95.15 131837 06104/2009 012813 GARDNER MIDDLE SCHOOL Holiday entertainment: Old Town 150.00 150.00 BAND 131838 06104/2009 003792 GRAINGER Maintenance Supplies: Stn 84 290.72 290.72 131839 06/04/2009 000711 GRAPHICS UNLIMITED printing svc:leisure brochure TCSD 29,200.00 29,200.00 LITHOGRAPHY 131840 06104/2009 012905 GYOMBER, JOSEPH refund: citation 71136 325.00 325.00 131841 06/04/2009 005311 H2O CERTIFIED POOL WATER May pool maint: CRC/TES 900.00 900.00 SPCL. 131842 06104/2009 006250 HAZ MAT TRANS INC Haz Mat waste disposal svc:PW 915.00 915.00 131843 06104/2009 001135 HEALTH POINTE MEDICAL pre-employment physicals: HR 330.00 330.00 GROUP INC 131844 0610412009 001517 HORIZON HEALTH May employee assistance pgrm:HR 880.00 880.00 131845 0610412009 011990 HUNTINGTON BEACH HONDA motorcycle repairlmaint: Police 757.16 757.16 131846 0610412009 004833 IMPERIAL PAVING COMPANY INC Asphalt Maint:Mrgita/Rnch Vista 11,785.00 asphalt maint:Winchester/Ent Cr 12,634.00 24,419.00 131847 06104/2009 006914 INNOVATIVE DOCUMENT Apr copier maintlusage: Library 1,332.68 SOLUTIONS Apr copier maint/usage: Citywide 3,303.51 4,636.19 131848 0610412009 001186 IRWIN, JOHN TCSD instructor earnings 725.20 TCSD instructor earnings 705.60 1,430.80 131849 06/0412009 012793 ISCIENCE DVD, LLC videography svc:Children's Museum 3,000.00 3,000.00 Pagea apChkLst Final Check List Page: 6 06104/2009 3:42:4 2PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131850 06104/2009 003046 K F R O G 95.1 FM RADIO broadcast svcs: Western Days 760.00 760.00 131851 06/04/2009 001091 KEYSER MARSTON ASSOCIATES Apr cnslt svcs: RDA Housing 7,866.60 7,866.60 INC 131852 0610412009 001282 KNORR SYSTEMS INC misc maint supplies: Aquatics 56.65 misc maint supplies: Aquatics 34.53 91.18 131853 06104/2009 001085 L N CURTIS & SONS rescue equip: Paramedic Truck 73 3,346.24 3,346.24 131854 06104/2009 012837 LAW ENFORCEMENT ASSOC INC transmitter equip: PD SET team 7,350.00 7,350.00 131855 06/04/2009 000482 LEIGHTON CONSULTING INC Mar geotech svcs: Old Town 1,699.50 1,699.50 131856 06104/2009 009388 LETS GET PERSONAL uniforms: B&S 121.09 uniforms: B&S 883.19 add'I sales tax uniforms: B&S 8.20 add'I sales tax uniforms: B&S 1.12 1,013.60 131857 06/04/2009 003726 LIFE ASSIST INC Medical Supplies: Paramedics 1,000.06 Medical Supplies: Paramedics 1,320.82 2,320.88 131858 06/04/2009 002634 LITELINES INC sign equip: Old Town lights 1,857.45 1,857.45 131859 06/04/2009 008610 M C R STAMPS DJ secs: High Hopes 5113 25.00 25.00 131860 06/0412009 003782 MAIN STREET SIGNS speed limit signage: PW Maint 469.80 misc street signs: PW Maint 464.91 misc street signs: PW Maint 225.66 1,160.37 131861 06104/2009 004803 MAPLOGIC CORPORATION ArcGIS software license:lnfo Sys 2,010.00 2,010.00 131862 06104/2009 004307 MARINE BIOCHEMISTS May water glty maint:Hvstn/Dk Pnd 4,855.00 4,855.00 131863 0610412009 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 595.00 TCSD Instructor Earnings 560.00 TCSD Instructor Earnings 224.00 1,379.00 131864 06104/2009 010979 MEDIA STOP video svc:Every 15 Minutes pgrm 3,615.45 3,615.45 131865 06104/2009 006571 MELODY'S AD WORKS INC. marketing/PR expenses:Old Town 92.68 92.68 Page6 apChkLst 06104/2009 3:42:42PM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131866 06104/2009 007210 MIDORI GARDENS irrigation repairs: Sunset Park 248.09 drain install: Harveston Lake Park 297.00 drain install: PBSP 475.00 irrigation repair: Via Eduardo 280.00 irrigation repairs: TCSD parks 82.86 irrigation repairs: Sunset Park 418.04 1,800.99 131867 0610412009 012580 MINUTEMAN PRESS Business Cards: Rj/Kk/Mt 208.79 Business Cards: O'harra, A 118.05 business cards: Osvold, H 45.37 business cards: Harrington, K 118.05 business cards: Barnett, B 45.37 business cards: Ott, W 45.37 business cards: Walker, C 118.05 699.05 131868 06/04/2009 001892 MOBILE MODULAR 5116- 6114 Pantry Lease: TCSD 1,042.91 1,042.91 131869 0610412009 000883 MONTELEONE EXCAVATING Long Canyon basin maint: PW 37,500.00 37,500.00 131870 0610412009 003135 MOORE WALLACE NTA printing svcs: Police 2,174.13 2,174.13 131871 06/04/2009 001214 MORNINGSTAR PRODUCTIONS, AV show package:Every 15 Min pgrm 4,647.82 4,647.82 LLC 131872 06104/2009 012757 MUND, KELLEY ROSE TCSD Instructor Earnings 399.00 TCSD Instructor Earnings 266.00 665.00 131873 06104/2009 001986 MUZAK-SOUTHERN CALIFORNIA Jun Music Broadcast: Old Town 69.11 Jun on hold music: phone system 101.66 170.77 131874 06104/2009 002925 NAPA AUTO PARTS City veh. parts & supplies: stn 84 23.23 City veh. parts & supplies: stn 84 120.50 143.73 131875 06104/2009 000233 NELSON, SHAWN reimb: May'09 internet services 44.99 44.99 131876 06104/2009 002139 NORTH COUNTY TIMES Apr Adverti si ng:Th eater 1,158.90 1,158.90 131877 0610412009 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:central srvcs 51.15 DIV Misc office supplies:pd mall 22.96 Misc office supplies:pd mall 16.14 90.25 Page:? apChkLst Final Check List Page: 8 06104/2009 3:42:4 2PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131878 06104/2009 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Maint 526.26 City Vehicle Maint Svcs:PW Traffic 80.07 City Vehicle Maint Svcs:PW Maint 159.68 City Vehicle Maint Svcs:PW Maint 36.57 City Vehicle Maint Svcs:PW Maint 80.07 City Vehicle Maint Svcs:PW Maint 43.75 City Vehicle Maint Svcs:PW Maint 80.07 City Vehicle Maint Svcs:PW CIP 49.49 City Vehicle Maint Svcs:PW CIP 36.57 City Vehicle Maint Svcs:PW GIP 388.51 City Vehicle Maint Svcs:PW Maint 36.57 City Vehicle Maint Svcs:TCSD 369.26 1,886.87 131879 06/0412009 001171 ORIENTAL TRADING COMPANY Promo items:expo'09 aquatics booth 140.38 INC Misc supplies:childrens museum 93.92 Misc supplies:tiny tot pgrm 30.95 Misc supplies:tiny tot pgrm 3.99 269.24 131880 06104/2009 002099 PASCOE MANAGEMENT LLP Jun Old Town restroom lease 826.00 826.00 131881 06/04/2009 002652 PAT & OSCARS RESTAURANT Refresh ments:every 15 min prgm 5120 1,698.05 Refresh m ents: every 15 min prgm 5119 223.80 1,921.85 131882 0610412009 007591 PAUL LASLO & ASSOCIATES Promo items:eco dev 1,603.42 1,603.42 131883 06104/2009 002331 PEP BOYS INC City veh repair & maint:pw maint 451.03 451.03 131884 0610412009 012782 PETCH, SUSAN K. TCSD Instructor Earnings 180.00 180.00 131885 06/04/2009 012818 PLANETBIDS INC bidsonline srvc, support & maintAnance 1,629.38 1,629.38 131886 06104/2009 012251 PORTRAIT PRODUCTIONS TCSD Instructor Earnings 504.00 504.00 131887 06104/2009 012689 POTTY TOTS LLC TCSD Instructor Earnings 18.20 TCSD Instructor Earnings 200.20 218.40 131888 06/0412009 000254 PRESS ENTERPRISE COMPANY Apr advertising:TCSD Spring Egg Hunt 314.66 314.66 INC 131889 06104/2009 000254 PRESS ENTERPRISE COMPANY 5121109-5119110 subscr:Police 9569237 175.76 175.76 INC 131890 06104/2009 004627 PUBLIC SAFETY TECHNOLOGIES equip repair:police radar unit 158.00 INC Equip repair & maint:pd laser gun 1,092.66 1,250.66 Page:B apChkLst Final Check List Page: 9 06/04/2009 3:42:4 2PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131891 06104/2009 008024 QUARTERMASTER INC Uniform equip:police id patches 267.88 267.88 131892 06/04/2009 004029 R J M DESIGN GROUP INC Apr design:redhawk parks improvements 903.09 903.09 131893 06104/2009 011141 R P M MATERIAL HANDLING CO Forklift maint:pw maint div 106.92 106.92 131894 0610412009 002612 RADIO SHACK INC Hardware supplies:info sys 35.88 35.88 131895 06104/2009 000728 RAMSEY BACKFLOW & Backflow testing:signet series 175.00 PLUMBING Back-flow testing:rancho solana 70.00 Backflow testing:gallery portraits 35.00 Backflow testing:lennar 35.00 Back-flow testing:tradewinds 35.00 Backflow testing:vail ranch pkwy 70.00 420.00 131896 06104/2009 000262 RANCHO CALIF WATER DISTRICT May Various Water Meters:TCSD 1,469.43 Apr 01-06-84650-2 Old Town Front St 18.32 May 01-02-98010-0 Fire Stn 84 263.87 May 01-23-01075-1 Crowne Hill Dr 416.51 May 01-02-02001-0 CRC 419.06 May Various Water Meters:TCSD 19,708.74 May 01-02-98000-0 Fire Stn 84 13.69 22,309.62 131897 0610412009 003761 RANCHO METALS & SUPPLY Misc maint supplies:pw maint 73.73 73.73 131898 0610412009 009725 RAZAVI, MANDIS TCSD Instructor Earnings 649.60 TCSD Instructor Earnings 431.20 1,080.80 131899 06/0412009 002110 RENTAL SERVICE equip rental: PW Maint 9.06 CORPORATION equip rental: PW Maint 41.83 50.89 131900 06/04/2009 004498 REPUBLIC INTELLIGENT Traffic sgnl repair/maint:butterfield 15,100.00 15,100.00 131901 06104/2009 009593 RETROFIT SERVICE CO INC Hvac Mgmt Sys:Theater 800.00 800.00 131902 0610412009 012148 RICHARDSON TECHNOLOGIES Hvac Prev Maint:Fs #73 120.00 120.00 INC 131903 06/0412009 000406 RIVERSIDE CO SHERIFFS DEPT 2126-3125109:lawenforcement 1,365,630.90 Western Days patrol srvcs:Police 5116-17 2,821.29 1,368,452.19 131904 0610412009 000357 RIVERSIDECO plans for tract 30246/Red hawk: PW 12.00 12.00 TRANSPORTATION Page9 apChkLst 06104/2009 3:42:42PM Final Check List CITY OF TEMECULA Page: 10 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131905 06104/2009 012860 SAFETY CERTIFIED Water slide inspection:crc pool 670.00 670.00 131906 06/04/2009 009980 SANBORN, GWYN Country @ the Merc 5123109 355.50 355.50 131907 06104/2009 012839 SCHOOL OUTFITTERS LLC floor lectermtheater 353.91 353.91 131908 06104/2009 009213 SHERRY BERRY MUSIC Jazz @ the Merc 5121109 451.50 451.50 131909 06104/2009 012858 SIPOVAC CONSTRUCTION INC purchaselinstall AC unit:PD storefront 3,534.00 3,534.00 131910 0610412009 004534 SKYTERRA May EOC satellite phone srvcs:firelc.m. 145.86 145.86 131911 0610412009 000645 SMART & FINAL INC Refreshments:summer concert series 281.48 Refreshments:Merc art show 146.82 Misc supplies:mpsc 123.74 Misc supplies:mpsc 190.07 742.11 131912 06104/2009 000537 SO CALIF EDISON May 2-30-520-4414 various meters 210.76 May 2-28-904-7706 various meters 158.01 May 2-29-295-3510 Fire Stn 95 953.14 May 2-29-224-0173 Fire Stns 1,678.08 May 2-29-657-2332 Redwood Rd Ped 19.20 May 2-31-282-0665 Diaz Rd Ped 19.56 May 2-19-171-8568 Wedding Chpl 79.98 May 2-25-393-4681 T.E.S. Pool 436.89 May 2-30-220-8749 Wolf Creek Dr 419.61 May 2-29-953-8447 Wolf Vly Rd Ped 19.20 May 2-29-953-8082 Wolf Vly 22.99 May 2-29-657-2787 Wnchster Rd 20.48 May 2-29-933-3831 FOC 1,765.81 May 2-14-204-1615 Front St Rdio 36.22 May 2-21-981-4720 Tem. Pkwy 64.94 May 2-31-419-2873 Hwy 395 20.48 May 2-29-807-1093 Diaz Rd Ped 19.56 May 2-02-351-4946 M PSC 1,160.59 May 2-29-807-1382 Irrig meter 20.48 May 2-29-807-1226 Irrig meter 18.68 May 2-31-031-2616 Diaz Rd Ped 20.81 May 2-00-397-5042 City Hall 5,608.38 May 2-29-953-8249 Wolf Creek Dr Ped 19.20 May 2-18-937-3152 T. Museum 665.70 May 2-31-404-6020 various meters 1,445.03 May 2-29-223-8607 various meters 498.46 15,402.24 Page:10 apChkLst Final Check List Page: 11 06104/2009 3:42:4 2PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131913 06104/2009 001212 SO CALIF GAS COMPANY May 095-167-7907-2 Fire Stn 84 135.95 May 091-085-1632-0 T.E.S. Pool 263.25 May 125-244-2108-3 Library 79.11 May 101-525-0950-0 TCC 16.02 May 091-024-9300-5 CRC 1,031.73 May 133-040-7373-0 West Wing 31.67 May 181-383-8881-6 T. Museum 14.12 May 021-725-0775-4 MPSC 76.07 May 026-671-2909-8 Theater 31.81 May 129-582-9784-3 FOC 29.97 May 101-525-1560-6 Fire Stn 73 58.81 1,768.51 131914 06/04/2009 012795 SODEXO SERVICES INC 514-8109 supplies:mpsc sr nutrition pgrm 420.00 5111-15109 supplies:mpsc sr nutrition 370.00 790.00 131915 06/04/2009 000519 SOUTH COUNTY PEST CONTROL Pest control srvcs:Old Town Theater 94.00 INC Pest control srvcs:PHBSP 84.00 Pest control srvcs:Paloma del Sol Park 84.00 Pest control srvcs:Crowne Hill Park 84.00 Pest control srvcs:Margarita Park 84.00 Pest control srvcs:Villages s-08 84.00 Pest control srvcs:TCC Escalair House 168.00 682.00 131916 06104/2009 002366 STEAM SUPERIOR CARPET Carpet cleaning:west wing 950.00 CLEANING Carpet cleaning:city hall 125.00 Carpet cleaning:old town chapel 425.00 Carpet cleaning:city hall 2,800.00 4,300.00 131917 06104/2009 003840 STRONGS PAINTING Painting srvcs:city hall 1,200.00 1,200.00 131918 0610412009 012789 STUART, JENNIFER SARAH TCSD Instructor Earnings 2,266.25 2,266.25 131919 0610412009 008804 SYMPRO INC 611109-5131110 software maint:finance 4,493.34 4,493.34 131920 06104/2009 011897 TAGIAMS INC Drug & alcohol testing: HR DOT Prgm 190.00 190.00 131921 06104/2009 000305 TARGET BANK BUS CARD SRVCS Misc supplies:community expo 288.70 Misc supplies:parent & me pgrm 95.48 Misc supplies:mpsc 53.49 Misc supplies:childrens museum 151.38 589.05 131922 06104/2009 012906 TAYLOR, MORGAN refund: citation 68988 99.00 99.00 131923 06104/2009 005318 TEMECULA PLAY & LEARN refund: security deplxtr hr park 5131 210.00 210.00 SCHOOL Page:11 apChkLst Final Check List Page: 12 06104/2009 3:42:4 2PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131924 06104/2009 000515 TEMECULA VALLEY CHAMBER 4th qtr agrmnt pmt:econ dev 37,850.00 37,850.00 OF 131925 0610412009 009194 TEMECULA VALLEY NEWS May advertisin g:th eater 143.20 143.20 131926 0610412009 010907 THREE OLD MEN LLC air diverters: CH & Maint Facility 446.68 446.68 131927 0610412009 000319 TOMARK SPORTS INC Misc equip & supplies:Sports Prgm 517.96 517.96 131928 06104/2009 003031 TRAFFIC CONTROL SERVICE INC Street traffic paint: PW Maint 1,379.92 1,379.92 131929 06104/2009 004145 TW TELECOM May City phones general usage 6,472.72 6,472.72 131930 06/04/2009 010276 TW TELECOM May high speed internet mpsc 44.95 44.95 131931 0610412009 002702 U S POSTAL SERVICE Apr'09 postage meter deposit 2,672.66 2,672.66 131932 0610412009 012781 VALLEY JUNIOR GOLF ASSN TCSD Instructor Earnings 180.00 180.00 (VJGA) 131933 06104/2009 004261 VERIZON May xxx-3526 fire alarm 105.12 May xxx-5696 sports complex 35.04 May xxx-2016 reverse 911 120.33 May xxx-5275 pd dsl 41.26 May xxx-2676 general usage 35.04 May xxx-5706 FOC 175.20 May xxx-9897 general usage 87.93 599.92 131934 06104/2009 012015 VERIZON BUSINESS FIOS May internet srvcs:EOC btu Library 439.95 439.95 131935 0610412009 004789 VERIZON ONLINE May internet srvcs:EOC btu Stn 84 42.99 42.99 131936 0610412009 012907 WATT, SHARON ANN refund: citation 030344 30.00 30.00 131937 06104/2009 003730 WEST COAST ARBORISTS INC 511-15109 tree trimming srvcs:citywide 8,430.00 Tree maint srvcs:various city locations 3,668.00 12,098.00 131938 06104/2009 012908 YENDES, ELIZABETH ANNE refund: citation 70741 55.00 refund: citation 71808 65.00 120.00 Grand total for UNION BANK OF CALIFORNIA: 1,921,019.30 Page:12 apChkLst Final Check List Page: 13 06/0412009 3:42:42PM CITY OF TEMECULA 161 checks in this report. Grand Total All Checks: 1,921,019.30 Page:13 ITEM NO. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: June 23, 2009 SUBJECT: Amend the City of Temecula's Development Impact Fee (DIF) Resolution No. 03-63 to temporarily suspend the automatic annual adjustment of DIF fees for the fiscal year 2009-10. PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the City Council 1. Adopt the resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUSPENDING THE AUTOMATIC ANNUAL ADJUSTMENT OF DEVELOPMENT IMPACT FEES FOR THE FISCAL YEAR 2009-10 AND RETAINING THE SAME DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2009-10 AS WERE IN EFFECT FOR FISCAL YEAR 2008-09. BACKGROUND: Pursuant to Chapter 15.06 of the City's Municipal Code entitled "Public Facilities Development Impact Fee," the City requires developers to pay their fair-share in meeting the increased demand for public improvements through the collection of a development impact fee (DIF). The DIF fee is collected in accordance with Government Code Section 66000. On May 27, 2003, the City Council adopted Resolution No. 03-63 providing for an automatic annual adjustment of both residential and non-residential DIF based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index (BCI) for the Los Angeles Metropolitan Area BCI. The BCI factor for the fiscal year beginning July 1, 2009 would result in a 5% increase of DIF fees. DIF fees are typically collected at the time the building permit is issued. In order to encourage development in a challenging economic climate, in addition to the hardships faced by developers, subcontractors, and potential homebuyers, it is recommended that the automatic annual adjustment for fiscal year 2009-10 DIF fees be suspended for one year, and these DIF fees be set to remain unchanged from fiscal year 2008-09. It is also recommended that the automatic annual adjustment will resume in fiscal year 2010-11 based on provisions of Resolution No. 03-63. FISCAL IMPACT: The fiscal year 2009-10 DIF fee revenue estimate, approximately $4.3 million, was established assuming 0% growth in the BCI. As a result, no negative fiscal impact is expected as a result of the temporary suspension of the automatic annual adjustment. ATTACHMENTS: Resolution No. 09- RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUSPENDING THE AUTOMATIC ANNUAL ADJUSTMENT OF DEVELOPMENT IMPACT FEES FOR THE FISCAL YEAR 2009-10 AND RETAINING THE SAME DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2009-10 AS WERE IN EFFECT FOR FISCAL YEAR 2008-09. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. Pursuant to Chapter 15.06 of the Temecula Municipal Code, the City of Temecula imposes a variety of development impact fees ("DIF") in accordance with State law in order to offset the costs to the City of providing public facilities to serve new development. B. Resolution No. 03-63, adopted on May 27, 2003, provides for an automatic annual adjustment of both residential and non-residential DIF based on the percentage change, if any, of the Engineering News Record Building Cost Index ("BCI") for the Los Angeles Metropolitan Area BCI. C. Recent changes in the real estate market have created significant hardships for the development of many types of projects, including residential, commercial, and industrial projects and the consequent loss of many jobs and businesses in the City. D. By the adoption of this Resolution, the City Council intends to reduce development costs so as to support the local economy and assist in the creation and maintenance of jobs and businesses in the City. Section 2. The automatic annual adjustment provision described in Section 1.C. of Resolution No. 03-63 is temporarily suspended for DIF fees required to be paid in fiscal year 2009-10 between July 1, 2009 and June 30, 2010. Therefore, DIF required to be paid beginning July 1, 2009 shall remain the same as those in effect in fiscal year 2008-09. The automatic annual adjustment provisions of Section 1.C. of Resolution No. 03-63 shall resume and be in effect for fiscal year 2010-11. Section 3. Except as specifically provided in this Resolution, all other terms of Resolution No. 03-63 shall remain in full force and effect. Section 4. This Resolution shall be effective on July 1, 2009. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of June, 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 23rd day of June, 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. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: June 23, 2009 SUBJECT: Professional Services Agreement between the City of Temecula and Applied Development Economics (ADE) for the Quality of Life Master Plan: Temecula 2030 PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council approve a one-year contract for facilitation services for the Quality of Life Master Plan: Temecula 2030 with Applied Development Economics (ADE) for a contract amount of $129,597 and a 10% contingency of $12,960. BACKGROUND: In 2007/2008, the City of Temecula embarked on a process to begin an Economic Development Strategic Plan. However, it was determined that a traditional approach to an economic development strategic plan would not accomplish the true goal and vision needed for the City. As discussions continued, it was apparent that the scope of the work should be expanded to include much more than just economic development. It was then decided that a Quality of Life/Temecula 2030 Master Plan was a more appropriate planning tool for the City. The Quality of Life Master Plan will be the "road map" which will define the City's long-term goals in a variety of areas, including but not limited to sustainability of quality of life, continual maintenance of public infrastructure, public safety, higher education, business retention and attraction, economic development, and fiscal stability. The City of Temecula issued a Request for Proposals in order to hire a consultant to assist in the preparation of the Quality of Life Master Plan. Through this process, ADE was selected as the most qualified and responsive firm to the RFP. ADE will provide a variety of services as outlined in the scope of services in the agreement that include, but are not limited to: designing the public participation process, identifying key elements of the master plan, reviewing existing documents and studies, conducting stakeholder interviews, facilitating meetings, completing SWOT analysis, writing draft documents, defining goals and objectives, preparing a Quality of Life Index, and presenting the Master Plan to the City Council. It is staff's recommendation that the City Council approve a contract with ADE for one year, in order to complete the Quality of Life Master Plan. FISCAL IMPACT: Appropriate funding has been budgeted in the amount of $142,557 in FY 08/09 Operating Budget. The consultant agreement is for $129,597 and $12,960 is for contingency. $56,750 will be paid from the Economic Development Consulting Services Line Item and $85,807 will be paid from the Redevelopment Agency Other Outside Services Line Item. ATTACHMENTS: Agreement. AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND APPLIED DEVELOPMENT ECONOMICS TEMECULA 2030: QUALITY OF LIFE MASTER PLAN THIS AGREEMENT is made and effective as of June 23, 2009, between the City of Temecula, a municipal corporation ("City") and Applied Development Economics ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on June 23, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 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. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Twenty Nine Thousand Five Hundred Ninety Seven Dollars and 00/100 ($129,597.00) 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. 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 thirty thousand dollars and no cents ($30,000.00) or the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. CAProgram Files\Neevia.Com\Document Converterltemp\929639.doc C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on 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. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to 2 examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 3 b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. and in aggregate 4) Professional Liability coverage: One million ($1,000,000) per claim c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this 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. 4 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the 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 rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. 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 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 5 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 via U.S. Mail: To City via Courier Service To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager Applied Development Economics 100 Pringle Avenue, Suite 560 Walnut Creek, CA 94596 Attention: Doug Svensson, AICP 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. 6 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: Applied Development Economics 100 Pringle Avenue, Suite 560 Walnut Creek, CA 94596 Attention: Doug Svensson, AICP President By: Name: Title: By: [Signatures of Two Corporate Officers Required] 8 EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: Exhibit A TEMECULA 2030 QUALITY OF LIFE MASTER PLAN Applied Development Economics PlacemaKir Group Staffing K. Studwell T. Kelly Aumm. S. Karafin Support Subtotals D. Erokan TASK 1: PROCESS INITIATION Project initiation and management 48 12 113 Design Public Participation Process 24 8 Refine Scope of Work and Timeline 24 8 $16,07 TASK 2: IDENTIFY KEY ELEMENTS OF MASTER PLAN Review existing documents 16 16 0 Provide consultation on draft and final Environmental Scan 16 16 0 Conduct stakeholder interviews (up to 30) 30 SS SWOT Focus Group Meetings Preparation 16 Facilitate SWOT Focus Group Meetings (4) 16 16 $3,69 Complete SWOT Analysis 24 4 16 Draft Quality of Life Issue Statements 32 10 Write Draft and Final Environmental Scan 16 16 40 $41,07 TASK 3: DRAFT VISION AND GOALS Prepare presentation for Blue Ribbon Committee 40 Facilitate Blue Ribbon Committee meeting 12 $8,388 $2,07 TASK 4: QUALITY OF LIFE MASTER PLAN--ACTION ITEMS Define goals and objectives 12 10 Define and prioritize action items 18 12 Review draft and final Quality of Life Master Plan (3 rounds) 24 24 Write draft Quality of Life Master Plan 40 40 1 Quality of Life Index 20 20 180 1 $43,44 TASK 5: QUALITY OF LIFE MASTER PLAN- PRESENTATION Prepare and present presentation to City Council 16 16 $4,35 Sub-Total Labor $113,33 $5,76 Travel Expenses (up to 12 trips @ $500 per trip*) 6,00 Other Expenses 4,50 Sub-Total Expenses 10,50 Budget Total $129,597 To be reimbursed upon submittal of expenses. Note: any expenses in excess of the City's per daily diem rate will not be reimbursed. Consultant shall provide receipts for all reimbursable expenses in excess of fifty dollars ($50) in such for as approved by the Director of Finance. EXHIBIT B PAYMENT RATES AND SCHEDULE 10 Exhibit B ADE's Billing Rates Effective as of Jan 1, 2009 Name Title Hourly Rate Doug Svensson, AICP President $175 Carleen Bedwell Managing Principa $145 Trish Kelly Principal $150 Kathie Studwell, AICP Senior Associate $135 Peter Cheng Senior Associate $135 Tony Daysog Senior Associate $125 Stephen Sanger Senior Associate $100 Sean Karafin Associate $85 Chris Gerlach Associate $85 Katherine Fabris Production Manage $70 Shelly Bykowski Administration $45 ITEM NO. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: June 23, 2009 SUBJECT: Riverside Transit Authority (RTA) Agreement for Trolley Services PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council approve a one-year contract for trolley services with Riverside Transit Authority (RTA) for a total of $300,000 in FY 09/10 Budget as provided by Lennar Homes in their conditions of approval. BACKGROUND: Lennar Homes provided $300,000 for public transportation, as a condition of approval, for the Harveston project to help offset some of the traffic impacts of the community. These funds will be used to finance the free trolley service that will provide service from the Harveston Community to the Promenade Mall and from the Promenade Mall to Old Town. The trolleys will be CNG-fueled vehicles and will seat twenty-five people per trolley comfortably. This is a pilot program and will run for one year. At the end of the year, ridership will be reviewed and it is hoped that the service will be widely used so that the program can continue. Riverside Transit Authority will be providing the trolley services for the City of Temecula. FISCAL IMPACT: Appropriate funding has been provided by the developer of the Harveston community, Lennar Homes, in their conditions of approval for the trolley project in the amount of $300,000 in FY 09/10. ATTACHMENTS: Agreement. CO-OPERATIVE AGREEMENT #9-026 BETWEEN CITY OF TEMECULA AND RIVERSIDE TRANSIT AGENCY THIS AGREEMENT is made and entered into this 23`d day of June, 2009, by and between the City of Temecula, 43200 Business Park Drive, Temecula, California 92589 (hereinafter referred to as "City"), and Riverside Transit Agency, 1825 Third Street, Riverside, California 92507 (hereinafter referred to as "Agency"). WHEREAS, City requires assistance from Agency to provide the general public with convenient, safe, and accessible transportation within their respective jurisdictions; and WHEREAS, Agency to provide trolley service from Riverside County to City of Temecula; and WHEREAS, City agrees to provide revenue equal to one hundred (100) percent of the operating costs for Agency to provide intercity trolley services and related marketing activities for that portion of the route that operates service from the Harveston Community located at Village Road and Welcome Center, referred to as Trolley Route 55 and 57 for approximately one year; NOW, THEREFORE, it is mutually understood and agreed by City and Agency as follows: RASTAFF RGPORTSVuneMTransportation Agreement With Riverside Countyjune 17--temecula.doc ARTICLE 1. COMPLETE AGREEMENT A. This Agreement, including all exhibits and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of the agreement between City and Agency and it supersedes all prior representations, understandings and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition(s). B. CITY'S failure to insist in any one or more instances upon Agency's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of City's right to such performance or to future performance of such term(s) or condition(s) and Agency's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon City except when specifically confirmed in writing by an authorized representative of City by way of written amendment to this Agreement and issued in accordance with the provisions of this Agreement. ARTICLE 2. CITY DESIGNEE A. The City Manager of City, or designee, shall have the authority to act for and exercise any of the rights of City as set forth in this Agreement. B. The Chief Executive Officer of Agency, or designee, shall have the authority to act for and exercise any of the rights of Agency as set forth in this Agreement. USTAFF REPORTSUune09\Transportation Agreement With Riverside Countypne 17--temecula.doc ARTICLE 3. TERM OF AGREEMENT A. This Agreement shall commence June 28, 2009, and shall continue in full force and effect through June 30, 2010, unless earlier terminated or extended as provided in this Agreement. B. The City and Agency mutually may elect to extend the term of this Agreement for an additional twelve (12) months commencing July 1, 2010 and continuing through June 30, 2011, ("First Option Term"), and thereupon require Agency to continue to provide services, and otherwise perform, in accordance with Exhibit A and at the rates set forth in Article 4, "Payment". C. The City and Agency mutually may elect to extend the term of this Agreement for an additional twelve (12) months commencing July 1, 2011 and continuing through June 30, 2012, ("Second Option Term"), and thereupon require Agency to continue to provide services, and otherwise perform, in accordance with Exhibit A and at the rates set forth in Article 4, "Payment." D. The City and Agency mutually may elect to extend the term of this Agreement for an additional twelve (12) months commencing on July 1, 2012 and continuing through June 30, 2013, ("Third Option Term"), and thereupon require Agency to provide services, and otherwise perform, in accordance with Exhibit A and at the rates set forth in Article 4, "Payment." E. The extension of this Agreement beyond the Initial Term shall not diminish the City's right to terminate the Agreement for City's convenience or Agency's default as provided elsewhere in this Agreement. The "maximum term" of this Agreement shall be the period extending from June 28, 2009 through June 30, 2013, which period encompasses the Initial Term, First Option Term, Second Option Term and Third Option Term. RASTAFF REPORTWuneW\Transportation Agreement With Riverside Countypne 17--temecula.doc ARTICLE 4. PAYMENT/STATEMENT OF WORK A. For Agency's full and complete performance of its obligations under this Agreement and subject to the maximum cumulative payment obligation provisions set forth in Article 5, City shall pay Agency a monthly, revenue service hour billing rate, for operating express trolley service from Village Road and Harveston Way to the Promenade Mall and from the Promenade Mall to Old Town, which is attached to and by this reference incorporated into and made a part of this Agreement. B. Invoices shall be submitted by Agency on a monthly basis and shall be submitted in duplicate to City's Accounts Payable office. Each invoice shall be accompanied by the monthly ridership worksheet, which outlines the actual monthly hours that the service was provided. City shall remit payment within thirty (30) calendar days of the receipt and approval of each invoice. Each invoice shall include the following information: 1. Agreement No. 9-026 2. The time period covered by the invoice; 3. Total monthly invoice of no more than $25,000.00; 4. Total total trolley service hours; and 5. Such other information as requested by City. ARTICLE 5. MAXIMUM OBLIGATION Notwithstanding any provisions of this Agreement to the contrary, City and Agency mutually agree that the City's maximum cumulative payment obligation shall be Three Hundred Thousand Dollars ($300,000.00) which shall include all amounts payable to Agency for its subcontracts, leases, materials and costs for the no-cost service provision to the public RASTAFF REPORTSUuncOMransportation Agreement With Riverside County june 17--temecula.doe under this Agreement. In the event this contract is amended resulting in an increase in the maximum cumulative payment obligation, this agreement shall be increased through a mutually agreeable written contract amendment. ARTICLE 6. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, returned receipt requested, postage prepaid and addressed as follows: To Agency: Riverside Transit Agency 1825 Third Street Riverside, CA 92507 ATTENTION: Vince Rouzaud Chief Officer of Procurement & Logistics (951) 565-5180 Fax: (951) 565-5001 To City: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 ATTENTION: Aaron Adams Assistant City Manager (951) 506-5100 ARTICLE 7. INDEPENDENT AGENCY Agency's relationship to City in the performance of this Agreement is that of an independent consultant. Agency's personnel performing services under this Agreement shall at all times be under the Agency's exclusive direction and control and shall be employees of Agency and not employees of City. Agency shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. RASTAFF REPORTSVuneWTransportation Agreement With Riverside County june 17--temecula.doe ARTICLE 8. AGENCY'S RESPONSIBILITIES Agency shall provide through a third party contractor, the provision of all services necessary to operate the service on Harveston Trolley. Agency shall be responsible for all costs above those the City has agreed to contribute as set forth in Article 5. Agency owns and will ensure the third party contractor maintains the Trolleys in good working condition. The Harveston Trolley will run Monday through Sunday. Two trolleys will run each day; holiday hours and non-operating holidays to be as shown on Exhibit A for Routes 55 and 57. See Exhibit B for actual start and stop times for each route. ARTICLE 9. INSURANCE REQUIREMENTS. Agency shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Agency, its agents, representatives, or employees. Agency shall ensure its third party contractor for these services will cause a Certificate of Insurance be generated by such third party's insurance company which names the City as additional insureds and provides coverage as follows for the duration of this Agreement: 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 Agency owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. USTAFF REPORTSVuneMTransportation Agreement With Riverside County june 17--temecula.doe 3) Workers' Compensation Insurance as required by the State of California, and Employer's Liability Insurance. If the Agency has no employees while performing under this Agreement, Workers' Compensation Insurance is not required, but Agency shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor 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 Employers Liability: One million ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Agency shall R:\STAFF REPORTSUuneMTransportation Agreement With Riverside Countyjune 17--temecula.doc 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 Agency under this Agreement; products and completed operations of the Agency; premises owned, occupied or used by the Agency; or automobiles owned, leased, hired or borrowed by the Agency. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Agency'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 Agency'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. USTAPP REPORTSVuneMTransportation Agreement With Riverside Countyjune I7--temecula.doc 4) The Agency'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 Agency 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 rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f Verification of Coverage. Agency shall furnish the 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 Agency's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. R:\STAFF REPORTSUuneMTransportation Agreement With Riverside Countyjune 17--temecula.doc g. Agency, by executing this Agreement, hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. ARTICLE 10. GOVERNING LAW City and Agency 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. ARTICLE 11. TERMINATION A. Either party may terminate this Agreement for its convenience at any time, in whole or part, by giving sixty (60) days written notice thereof. Upon said notice, City shall pay Agency its allowable costs incurred to date of termination and those allowable costs determined by the City to be reasonably necessary to effect such termination. Thereafter, Agency shall have no further claims against City under this Agreement. R:\STAPP REPORTSVuneMTransportation Agreement With Riverside Countyjune 17--temecula.doe B. City may terminate this Agreement for Agency's default if a federal or state proceeding for the relief of debtors is undertaken by or against Agency, or if Agency makes an assignment for the benefit of creditors, or if Agency breaches any term(s) or violates any provision(s) of this Agreement and does not cure such breach or violation within ten (10) calendar days after written notice thereof by City. C. Agency may terminate this Agreement for City's default if a federal or state proceeding for the relief of debtors is undertaken by or against City, or if City makes an assignment for the benefit of creditors, or if City breaches any term(s) or violates any provision(s) of this Agreement and does not cure such breach or violation within ten (10) calendar days after written notice thereof by Agency. ARTICLE 12. INDEMNIFICATION. Each party shall indemnify, defend and hold harmless the other party, its officers, directors, employees and agents from and against any and all claims (including reasonable attorney's fees and expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage to or loss of use of property caused by or claimed to be caused by the negligent acts, omissions or willful misconduct by the wrongful party, its officers, directors, employees, agents, subcontractors or suppliers in connection with or arising out of the performance of this Agreement. R:\STAFF REPORTSUuneMTransportation Agreement With Riverside Countyjune 17--temecula.doc ARTICLE 13. AUDIT AND INSPECTION OF RECORDS Agency shall provide City, or other agents of City, such access to Agency's accounting books, record, payroll documents and facilities as City deems necessary. Agency shall maintain such books, records, data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during Agency's performance hereunder and for a period of four (4) years from the date of final payment by City. ARTICLE 14. FEDERAL, STATE AND LOCAL LAWS Agency warrants that in the performance of this Agreement, it shall comply with all applicable federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated thereunder. ARTICLE 15. EQUAL EMPLOYMENT OPPORTUNITY In connection with its performance under this Agreement, Agency shall not discriminate against any employee or applicant for em0plyment because of race, religion, color, sex, age or national origin. Agency shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other form of compensation; and selection for training, including apprenticeship. RASTAFF REPORTSVuneMTransportation Agreement With Riverside Countyjune 17--temecula.doc ARTICLE 16. PROHIBITED INTERESTS Agency covenants that, for the term of this Agreement, no director, member, officer or employee of City during his/her tenure in office or for one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE 17. FORCE MAJEURE Either party shall be excused from performing its obligation under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the party not performing. ARTICLE 18. NO THIRD PARTY BENEFICIARIES No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement, either express or implied, is intended to confer upon any person or entity, other than Agency, City, and their respective successors and assigns, and rights, remedies, obligations or liabilities under or by reason of this Agreement. Except as provided herein, the duties, obligations and responsibilities of the parties to the Agreement with respect to third parties shall remain as imposed by law. USTAFF REPORTSVtmeMTransportation Agreement With Riverside County june 17--temeoula.doe ARTICLE 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Agency warrants and represents that he or she has the authority to execute this Agreement on behalf of Agency and had the authority to bind Agency to the performance of its obligations hereunder. RASTAFF REPORMEmeMTransportation Agreement With Riverside Countyjune 17--tcmecula.doc This Agreement shall be made effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. 49-026 to be executed on the date first above written. RIVERSIDE TRANSIT AGENCY CITY OF TEMECULA Larry Rubio, Chief Executive Officer Maryann Edwards, Mayor Attest: Approved As to Form: Susan W. Jones, MMC, City Clerk K. Smart, RTA General Counsel Peter Thorson, City Attorney RASTAFF REPORTSVuneMTransportation Agreement With Riverside County june 17--temecula.doe EXHIBIT A RASTAFF REPORTWuncOMransportation Agreement With Riverside Countyjune 17--temecula.doc Exhibit A Z' q m« c 2 n v a o S^.v %I r. $'o'a a9 aai"EJ q 33 ~ ~ ~o.; aqa jo~Em'o .tow«~E o > B 9 H ' a a S'e ~~ioJac ~ d . c oo Z,n« z = M~ d~ a~ h 1f1 O G'O a OC 41 N E a d o = ro a 90UC 0Vr N~ z°°~=r~-' N p.c G o q ; « o qp'2 d_m QE Y,~°v i ~ ~ C2 a fL ~n NroO roo O.~~r O® Qa Ad ~m y P~ tpaM0 0 sgL b a d~Jw r 0~ o t ~~AVC a ' ( : G @ r:. . t• ~Q 6G.§ E s ~d 3~~~ ~ o. VD; n a c x'9a, &.3 ezs 3~4F Y a a a c 0 E >n v n 'c . V E Tr > a d d yro ~ a c E£ c i.m 3> y m E a a 'ti a m 30'01 r c ~ « E a c o E o _ a aN N Oro G N `p m ~ d E 0 o a 2 exwx' s 5 4 i`; i' EXHIBIT B R:\STAFF REPORTSUune09\Transportation Agreement With Riverside Countyjune 17--temecula.doe June 28, 2009 ROVIO65 Temecula Troltev Weekday MDa9e Rd& HarveslOn Way Wlncheslerlld Promenade & Nic Rd 'i Mall County VIIIa9e Rd& Center Or Hameslon Way 6;39 AM 6;4]AM 6:51 AM 6 7:OOAM 715 AM U 7:09AM 7:11 AM 7:21 AM 7:30 AM 724 AM 7:32 AM 7:36 AM 7:45AM A 7:39 AM 7:47 AM 7:51 AM 8:00 AM 2:30 PM 2:39 PM 2:47 PM 2:St PM 3:00 PM 2:45 PM 2:54 PM 3:02 PM 3:06 PM 3:1 5PM 300 PM 3:09 PM 3:17 PM 321 PM 330 PM 3:15 PM11 3:24 PM 3:32 PM 3:36 PM 3:45 PM 3:30 PM 3:39 PM 3:47 PM _ 3:51 PM 4:00 PM 3:45 PM 3:54 PM 4:02 PM 4:06 PM 4:15 PM 8:30amina:0d Elnut66 3:300m10 d:155 pm E1.,very15 tS minulos Route 57 Northbound Weekday 681518 Yne3& Promenade Front St MOIOf Car Pk Mall 11:00 AM 11:07 AM 11:12 AM 11:15AM 11:22AM 17:27 AM 11:30AM 11:37 AM 11:42 AM 11:45AM 11:52AM 11:57 AM 12:00 PM 1207 PM 12:12 PM 12:15 PM 12:22 PM 12:27 PM 12:30 PM 12:37 PM 12:42 PM 12:45 PM 12:52 PM 12:57 PM 1O0PM 1:07 PM 1:12 PM 1:15 PM 1:22 PM 1:27 PM Exhibit B arler200J1324 Pnl Route 57 Northbound Saturday Route 57 Northbound Sundav 61h St& Jeffer$On Ave Promenade Front St &Ovedand Or mail 7:30 AM 7:33 AM 7:40 AM 7:45 AM 7A8 AM ]:55 AM 8:00 AM 8:03 AM 8:10 AM 8:15AM 8:18 AM 8:25 AM 8:30AM 8:33 AM 8:40 AM 8:45 AM 8:48AM 8:55 AM 9:00AM 9:03AM 9:10AM 9:15 AM 9:18AM 9:25AM 9:30 AM 9:33 AM 9:40AM 9:45AM 9:48AM 9:55 AM 10:OOAM 1003 AM 10:10AM 10:15AM 10:18AM 10:25AM t0:30AM 1033 AM 10:40 AM 10:45 AM 10:48AM 10:55 AM 11:00 AM 11:03 AM 11:10 AM 11:15AM 1118AM 11:25 AM 11:30 AM 1133 AM 11:40 AM 11:45 AM 11:48AM 11:55 AM 12:00 PM 12:03 PM 12:10 PM 12:15 PM 12:18 PM 12:25 PM 12:39 PM 12:33 PM 12:40 PM 12:45 PM 12:48 PM 12:55 PM 1,oo PM 1:03 PM i.1OPM 1:15 PM 1:18PM 1:25 PM 1:30 PM 1:33 PM 140 PM 1:45 PM 1:48 PM 1:55 PM 2:00PM 2:03 PM 2;10 PM 2:15PM 2PM 225PM 2:30 PM 2:4 PM 2:45 PM 2:55 PM 3:00 PM M 3:10 PM 3:15 PM 3:25 PM 330 PM 3:40 PM 3:45 PM 3:55 PM Route 57 Southbound Salurdav Promenade Jefferson Ave Mall &Overland Or 7:30 AM 7:35 AM - 6111 Ed & Front St 7:43AM T4 AM ]:SO AM 7:58AM 8:00 AM 8:05AM 8:13AM 8:15AM 8:20AM 8:28 AM 8;30AM 8:35AM 8:43 AM 8:4 AM 8:50AM 8:58 AM 9O0 AM - 9:05 AM - 9:13 AM 9:1 AM 92 AM 9:28 AM 9:30 AM 9:35 AM 9A3AM 9:45 AM 9:50 AM 9:58 AM 10:03AM 10:05 AM 1013 AM 10:15AM 10:20AM 10:28 AM 10:30 AM 10:35AM 1OA3AM 10:45 AM 10:50 AM 10;58 AM 11:OOAM 1105AM 11-13AM 11:15 AM 1120AM 1128AM 11:30 AM 11;35 AM 11;43 AM 11:45 AM SOAM 1138AM 12:OOPM 120 PPM 12:13 PM 121 PPM 1220PM 12:28 PM 12:30 PM 12:35 PM - - 12:43 PM t2:45PM 7220 PM 12:58 PM 1:OOPM -TM -PM 1:13PM 1:15 PM 1:20 PM 1:28 PM 1:30 PM 1:35 PM 1:43 PM 1:45 PM 150 PM 1:58 PM 200 PM 205 PM 213 PM 2:15 PM 2:20 PM 2:28 PM 2:3D PM 2:35 PM 2:43 PM 2:45 PM - - 2:50 PM 2:58 PM 3 01) PM USPM 3:13 PM TI 5PM 3:20PM 3:28 PM 3:30 PM 3:35 PM 3:43 PM 3:45 PM 3:50 PM 336 PM T:3Dammd:00vm Everv tS minutps 6lh51& 100Son Ave Front St &Ovedand Dr WOO AM 10:03 AM Promenade Mall i"OAM 10a5AM 10:18AM 10:25 AM 10:30 AM 10:33 AM f0:40AM 10:45AM 1048AM 10:55 AM 11O0AM 11O3AM 11:10 AM 1115 AM 11:18AM 11:25AM 11:30 AM 1133AM 1140AM fT 45AM --T140AM --I155AM 1200 PM 1203 PM 1210 PM 12:15 PM 12.18 PM 12:25 PM 12:30 PM 12:33 PM 12:40 PM 1245 PM 12:48 PM _ 1255 PM 1:00 PM 1:03 PM 1:10 PM 1:15 PM 1:78 PM 1:25 PM 1:30 PM 1:33 PM _ 1:40 PM 1:45 PM 1:48 PM 155 PM 2:00 PM 2:0 PM 2:10 PM 2:15PM 2:18 PM 2:25 PM 2:30 PM 2:33 PM _ 2:40 PM 245 PM 2:48 PM 2:55 PM 3:OOPM 3A3 PM Tio PM 3:15 PM 3:18PM 3:25 NJ 3:30 PM 3:33 PM 3:40 PM 3:45 PM 3:48 PM T3IPM F:NATA1pWnnwVVkkVxce68ovk1 iYtiLLii4Li~ itt 10:000n1 t04:000m Every lSminulB9 ITEM NO. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 23, 2009 SUBJECT: Agreement for Consulting Services between the City of Temecula and Roger Cantrell for Architectural Plan Review Services PREPARED BY: Theresa Harris, Community Development Coordinator RECOMMENDATION: That the City Council approves an Agreement for Consultant Services with Roger Cantrell in the amount of $40,000 for Architectural Plan Review Services for Fiscal Year 2009-2010. BACKGROUND: On June 24, 2008, the City Council approved a contract with Roger Cantrell for architectural review services to assist in the review of proposed development plans. The contract stipulates that the City could, upon mutual agreement, extend the contract for two one-year additional terms. Staff is recommending extending the contract for a one-year term from July 1, 2009 through June 30, 2010. The services provided by Roger Cantrell have greatly benefited staff and the Planning Commission in the review of Planning Applications, and staff recommends granting another one-year contract in the amount of $40,000.00. The consultant agrees with the terms of the current contract and his fees for services will not change with the new contract. FISCAL IMPACT: Sufficient funds are budgeted in the Planning Department's fiscal year 2009-2010 Other Outside Services to cover the costs of the agreement. All consultant fees will be paid by applicants in accordance with the approved fee schedule shown in Exhibit "B" of the agreement. ATTACHMENTS: Agreement for Consulting Services AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND ROGER CANTRELL ARCHITECTURAL PLAN REVIEW SERVICES THIS AGREEMENT is made and effective as of June 23, 2009, between the City of Temecula, a municipal corporation ("City") and Roger Cantrell ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three one (1) year additional terms. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Forty Thousand Dollars and No Cents ($40,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. a. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. b. 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. C. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole 2 property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. than: b. Minimum Limits of Insurance. Consultant shall maintain limits no less 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: bodily injury and property damage. One million ($1,000,000) per accident for 3 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this 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. f. 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 4 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. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the 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. 5 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: To City via Courier Service To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager Roger Cantrell P.O. Box 1218 Studio City, CA 91604 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 6 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: Roger Cantrell P O Box 1218 Studio City, CA 91604 818-762-6782 Phone 818-762-7177 Fax By: By: [Signatures of Two Corporate Officers Required] 8 EXHIBIT A TASKS TO BE PERFORMED Roger Cantrell ("Consultant") and City Staff ("City") will perform the following tasks pursuant to the terms of this Contract: 1. City staff will mail via first class postage to Consultant, one (1) full-size set of blueprints for each projects for review, containing at a minimum, site plan, elevations, and grading plan; and via e-mail, City staff will deliver to Consultant electronic files of same prints in a format mutually acceptable to City and Consultant. 2. Consultant will review plans and prepare written analysis, including, but not limited to an assessment of whether the plans conform with the City's adopted Design Guidelines, Development Code, and General Plan; recommendations on how the plans should be revised to achieve, or improve consistency with said City documents; and any other comments/illustrations Consultant deems necessary to effectively perform his tasks as contracted. The written analysis will be sent to designated City representatives via e- mail, no later than fourteen (14) days from receipt of e-mailed plans from City, and followed up by a written "hard copy" letter mailed first class postage. 3. Consultant will participate in professional discussions of plans with City staff and applicants on an "as-needed" basis by various means of communications, including e- mail, telephone conference calls, and the occasional attendance at meetings in person. However, City will strive to minimize the number of occurrences requiring personal attendance and will attempt to exhaust all other methods of communication before requesting personal attendance by Consultant. The incidental costs associated with communicating with the City and/or applicants during the course of performing the required tasks outlined in this contract shall be borne entirely by the Consultant, unless alternative arrangements are pre-authorized by the City. 9 EXHIBIT B PAYMENT RATES AND SCHEDULE 1. Consultant agrees to perform services stipulated by this contract based on the amount of $0.05 per gross square footage of all proposed buildings shown on plans forwarded for review and analysis. 2. In the case of single-family residential Product Reviews, the $0.05 rate shall be computed based on the total gross square footage of each modelfelevation being proposed. For example, if a 100-lot residential Product Review application is comprised of three elevations of a Model One, three elevations of a Model Two, and three elevations of a Model Three, the payment rate is based on the gross square footage of all nine model types. 3. All incidental costs to Consultant associated with performing the stipulated tasks of this contract (i.e. telephone bill, computer, travel expenses, duplicating costs, etc.) shall be assumed to be built-in to the approved payment rate, unless alternative arrangements are pre-authorized by the City. For all reimbursements authorized by this Agreement, Consultant shall provide receipts for all pre-approved reimbursable expenses in excess of $50.00 in such form as approved by the Director of Finance. 10 ITEM NO. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 23, 2009 SUBJECT: Agreement for Consulting Services between the City of Temecula and Blanca Y. Price for Landscape Plan Check and Inspection Services PREPARED BY: Theresa Harris, Community Development Coordinator RECOMMENDATION: That the City Council approve an Agreement for Consultant Services with Blanca Y. Price in the amount of $55,000 for Landscape Plan Check and Inspection Services for Fiscal Year 2009-2010. BACKGROUND: The Community Development Department's Planning Division has, for the past fifteen years, utilized the services of consultants as an extension of staff to provide landscape review and inspection services. These consultant services have greatly benefited staff in the review of landscape plans and landscape installation inspections. Landscape review and inspection services are provided on a cost recovery basis. Fees paid by applicants during the development review process offsets the invoice amounts paid by the City to the landscape review contractor. FISCAL IMPACT: Sufficient funds are budgeted in the Planning Department's Fiscal Year 2009-2010 Other Outside Services to cover the costs of the agreement. ATTACHMENTS: Agreement for Consulting Services AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND BLANCA Y PRICE LANDSCAPE PLAN CHECK AND INSPECTION SERVICES THIS AGREEMENT is made and effective as of June 23, 2009, between the City of Temecula, a municipal corporation ("City") and Blanca Y. Price ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three one (1) year additional terms. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty- Five Thousand Dollars and No Cents ($55,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. a. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. b. 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. C. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole 2 property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. than: b. Minimum Limits of Insurance. Consultant shall maintain limits no less 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: bodily injury and property damage. One million ($1,000,000) per accident for 3 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this 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. f. 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 4 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. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the 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. 5 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: To City via Courier Service To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager Blanca Y Price 23905 Clinton Keith Road, #114-319 Wildomar. Ca 92595 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's 6 sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: Blanca Y. Price 23905 Clinton Keith Road, #114-319 Wildomar, CA 92595 951- 837-3432 Phone By: By: Name: Title: [Signatures of Two Corporate Officers Required] 8 EXHIBIT A TASKS TO BE PERFORMED PLANNING DEPARTMENT LANDSCAPE PLAN CHECK AND INSPECTION SERVICES Blanca Y Price & Company ("Consultant") and City staff ("City") will perform the following tasks pursuant to the terms of this Contract: A. Consultant will pick up plans weekly at the City on Tuesday and Thursday. Two sets of plans will be provided. B. Consultant will review the plans verifying the consistency with the City Development Code, CC&R's, City of Temecula Water Efficiency Ordinance, any other related Ordinances and the Citywide Design Guidelines. One set of plans will be redlined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with City standards. Items not addressed in City standards but that are outside of professional norms will also be marked for explanation from the applicant. C. Consultant will return plans and plan check comments to the City within (2) weeks of receipt of the first submittal: one (1) week for subsequent submittals. Plan check comments will also be provided via e-mail for use by the City staff and a hard copy will accompany the redlines. D. Once revisions have been resubmitted by the applicant, consultant will re-check the plans for conformance. When all revisions have been made and all questions answered and no further items identified, the plans will be ready for approval. If all revisions are not made, one set of plans and the check list will be redlined again and returned to the applicant a second time for revisions. This process will continue until the plans are brought into conformance with City standards and professional norms. E. Upon request of the City, consultant will review and approve construction cost estimates of proposed improvements in order to determine bonding requirements if required for the project. F. Upon request of the City, consultant will attend meetings as required (i.e. pre-design meetings and interim reviews of construction plans with applicants in order to communicate issues with designers, pre-construction meetings, etc.). G. Upon request of the City, consultant will provide landscape construction inspection services in order to insure implementation is in conformance with the approved plans. A corrective letter will be sent to the project manager in case of nonconformance. All inspections and final approvals will be documented and reported to the project planner. H. Upon request of the City, the consultant will provide bond release inspection services in order to ensure that the site is in compliance with the approved landscape plan. A corrective letter will be sent to the project manager in case of nonconformance. All inspections and final approvals will be documented and reported to the project planner. 9 EXHIBIT B PAYMENT RATES AND SCHEDULE Following is the breakdown of fees proposed for the plan check and inspection services outlined in the scope of work. These fees are based on present insurance coverage of $1,000,000.00 for errors and omissions. Conceptual Plan Review PROJECT ACREAGE 0 - 5 acres >5 acres -10 acres >10 acres - 20 acres >20 acres - 50 acres >50 acres FEE $360 $600 $780 $960 $960 plus $20 an acres for each acre over 50 acres Multiple reviews will be covered under the initial conceptual review cost, unless substantial changes to the conceptual landscape plan have been made by the applicant that are not as a result of the comments from the Consultant. Additional conceptual reviews for plans that have substantially changed will be billed at a new and separate flat rate of $100.00 per sheet. Plan checks beyond the 3rd check shall be billed at flat rate of $100.00 per sheet. 2. Construction Plan Review The following fees are based on reviewing a maximum of three submittals from the applicant. Should additional reviews be necessary they will be charged at the rate of $100 per sheet. SQUARE FOOTAGE OF LANDSCAPING 0 - 5, 625 5,626 - 22,500 22,501 - 30,375 30,376 - 37,125 37,126 - 45,000 45,001 - 56,250 56,251 - 67,500 67,501 - 78,750 78,751 - 90,000 90,001 & up FLAT PLAN CHECK FEE $720 $1,340 $1,650 $1,940 $2,270 $2,590 $2,920 $3,240 $3,560 $3,560 +.0075 for each sq. ft. above 90,001 sq. ft. Plan checks beyond the 3rd Check $100/sheet 3. Landscape Inspections Flat rate of $250.00 per inspection a. First Inspection - Irrigation Inspection b. Second Inspection - Landscape Installation Inspection C. Third Inspection - Landscape Installation Inspection 4. Landscape Architectural Resource Attendance at Development Review Committee and Planning Commission meetings will be performed at the flat fee rate of $300/meeting. Should staff require other tasks to be performed, not included within this scope of work; services will be charged at an hourly rate of $110.00. 10 ITEM NO. 9 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: June 23, 2009 SUBJECT: Authorize Temporary Street Closure of a portion of Main Street for the "Temecula Valley International Jazz Festival" event scheduled for July 11, 2009 and Delegate Authority to Issue a Special Events/Street Closures Permit to the Director of Public Works PREPARED BY: Daniel York, City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF A PORTION OF MAIN STREET FOR THE "TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL" EVENT SCHEDULED FOR JULY 11T", 2009 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES BACKGROUND: The 2009 "Temecula Valley International Jazz Festival" event is scheduled for July10th, 11th and 12th, 2009. A public street closure for the event will only be necessary for one day - Saturday, July 11th. The event will provide a combination of free-to-the- public and ticketed concert events featuring internationally acclaimed performers at different venues at several locations throughout Old Town Temecula, as well as music and rhythm workshops and clinics with the performers. Estimated attendance for the weekend event is expected to be between 7,000 and 10,000 people. The event will require assistance from the Public Works Department by providing support services for the street closure, public safety monitoring, and the permit process. Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessaryfor the safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public rights-of-way. This resolution set forth processes for staff reviewing applications, denying approval or approving subject to conditions including events requiring changes in normal traffic patterns, and an appeal process to the City Manager. However the resolution did not delegate authority to temporarily close streets for these special events. The subject resolution delegates the authority to approve temporary street closures for this specific event, "Temecula Valley International Jazz Festival", to the Director of Public Works. All other special events requiring temporary street closures, construction-related closures, etc, shall remain subject to the approval of the City Council subject to rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. This year's International Film Festival Event sponsors propose street closures as follows: Main Street between Old Town Front Street and the east edge of the driveway into the Children's Museum from 6:00 AM to Midnight on Saturday July 11th, 2009. There are no street closures scheduled for Friday July 10th and Sunday, July 12th. The specific closure location is shown on the attached Location Map. FISCAL IMPACT: The costs of police services and for provision, placement, and retrieval of necessary warning and advisory devices by the Public Works Department are included in budgetary items. ATTACHMENTS: 1. Resolution No. 2009 2. Location Map RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF A PORTION OF MAIN STREET FOR THE "TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL" EVENT SCHEDULED FOR JULY 11T", 2009 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and WHEREAS, the City of Temecula sponsors the "Temecula Valley International Jazz Festival" event, for which such a temporary street closure on Main Street between Old Town Front Street and the east edge of the Children's Museum driveway promotes the safety and protection of persons using or proposing to use that street for the special event; and WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close Main Street between Old Town Front Street and the east edge of the Children's Museum driveway for the "Temecula Valley International Jazz Festival" event scheduled for July 10t", 11th, and 12th, 2009; and, NOW, WHEREAS, the City Council desires to authorize the Director of Public Works to approve the temporary street closure of a portion of Main Street for the "Temecula Valley International Jazz Festival" event, and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the Director of Public Works to permit the temporary street closure of a portion of Main Street between Old Town Front Street and the east edge of the Children's Museum driveway for the "Temecula Valley International Jazz Festival" event scheduled from 6:00 AM to Midnight on Saturday July 11th, 2009, and affirms the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of June, 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 23rd day of June, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 15 O~ O~ ILDR 'S MUSEUM EVENT SITE AC/~p G~8 9 c F~ JAZZ FEST/VAL LEGEND * STREET CLOSURE VICINI TY MAP ` BARRICADE ITEM NO. 1 0 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: June 23, 2009 SUBJECT: Award a Construction Contract for the Citywide Concrete Repairs Project FY2008-09, Project No. PW09-03 PREPARED BY: Mayra De La Torre, Senior Engineer- CIP Chris White, Assistant Engineer - CIP RECOMMENDATION: That the City Council: Award a construction contract for Project No. PW09-03, the Citywide Concrete Repairs Project FY2008-09, to B & T Works, Inc. in the amount of $113,915.55 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $11,391.56, which is equal to 10% of the contract amount. BACKGROUND: The Citywide Concrete Repairs Project FY 2008-09 Project is an annual project that repairs various concrete facilities maintained by the City. The Public Works Maintenance Division has surveyed the City and compiled a list of improvements in need of repair. Damaged curb & gutter, sidewalk, driveway approaches, under sidewalk drains, cross gutters, ADA ramps and spandrels at various locations will be removed and replaced by the project. On April 14, 2009, City Council approved the Plans and Specifications for the project and authorized staff to solicit construction bids. On Tuesday, June 2, 2009, 11 bids were opened and publicly read aloud. The results were as follows: 1. B & T Works, Inc. $ 113,915.55 2. International Pavement Solutions, Inc. $ 119,268.85 3. Elite Bobcat Service, Inc. $ 134,542.00 4. CJ Concrete Construction, Inc. $ 140,139.00 5. Victor Concrete $ 142,074.50 6. Integrity Concrete $ 194,508.70 7. MTK Concrete, Inc. $ 198,653.00 8. Del Rio Enterprise, Inc. $ 198,921.47 9. S. Parker Engineering, Inc. $ 230,780.00 10. Pacific States Engineering $ 231,231.00 11. Herman Weissker, Inc. $ 269,321.24 Staff has reviewed the bid proposals and found B & T Works, Inc. to be the lowest responsible bidder. B & T Works, Inc. has public contracting experience and has successfully undertaken similar projects for other public agencies in Southern California. The specifications allow for a construction duration of thirty (30) working days. The engineering estimate was $236,231.00. FISCAL IMPACT: The Citywide Concrete Repairs FY 2008-09 Project is funded with Public Works Maintenance Budget for routine street maintenance. Adequate funds are available within project account No. 001-164-601-5402 for this $125,307.11 request, which includes the $113,915.55 contract plus a $11,391.56 contingency. ATTACHMENTS: 1. Concrete Repair List (8 pages) 2. 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O ~ W r p 0 U Y O U a R ~ ~w U p C d R E o C R T Q m U ~ Q.d 4'. 1.m. G'. o Vl 6 .V Q.. y s 0 m 0 " °Y a ':'Y':': 8 E o 0 8 o o a o O .~.~p..~. C K K K K K K ~ K o0 .'.~T+:.:. W K W oY a5 b e5 W b y :o::. (n z 2 in ' ti y v 2 ' ' b y y ' U h y...: m m2 K w g 4 rot 2 K 0 m2 K d w2 R ~ mg K m m2 K m2 d d m2 K w K mZ ~u ¢ a rca rca ~ ¢ ¢a ¢a ¢n ¢ ~a S~ (9 N (n 0 6 N N N Q y U x x d Q E E E e a Q'" U U Q: : o c .°J a d m d R R : : q O O 65 U ~ ~ .E o `m y o m U m U o U d - E - E E E o 0 E E E E > ; > W > W E E E Q E e N N ~ 7 @ m y e R e N y N a CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW09-03 CITYWIDE CONCRETE REPAIRS - FY 2008-09 THIS CONTRACT, made and entered into the 23rd day of June, 2009 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY' and B & T Works, Inc., hereinafter referred to as "CONTRACTOR." WITN ESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 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. PW09-03, CITYWIDE CONCRETE REPAIRS - FY 2008-09, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW09-03, CITYWIDE CONCRETE REPAIRS - FY 2008-09. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW09-03, CITYWIDE CONCRETE REPAIRS - FY 2008-09. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW09-03, CITYWIDE CONCRETE REPAIRS - FY 2008-09 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED THIRTEEN THOUSAND NINE HUNDRED FIFTEEN DOLLARS and FIFTY-FIVE CENTS ($113,915.55), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed thirty (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the 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 Engineer may require. This schedule, as approved by the Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $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 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 plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents. and to the CITY addressed as follows: Mailing Address: Street Address: Greg Butler Greg Butler Director of Public Works Director of Public Works City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: B & T WORKS, INC. 23905 Clinton Keith Road, Suite 114-351 Wildomar, Ca. 92595 (951) 775-6617 DATED: CITY OF TEMECULA By: Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Print or type NAME Print or type TITLE By: Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) Peter M. Thorson, City Attorney ITEM NO. 11 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: June 23, 2009 SUBJECT: Fiscal Year 2009-2010 Real Estate Appraisal Services for Various Capital Improvement Projects Annual Contract Amendments PREPARED BY: Amer Attar, Principal Engineer RECOMMENDATION: That the City Council approve the Amendments to the Annual Agreements for Real Estate Appraisal Services Fiscal Year 2009-2010 with the following consultants, for the amount shown: 1. BTI Appraisal $ 50,000.00 2. Lea Associates, Inc. $ 50,000.00 3. Mason & Mason Real Estate Appraisers & Consultants $ 50,000.00 4. Robert Shea Perdue Real Estate Appraisal $ 50,000.00 5. Riggs & Riggs, Inc. $ 50,000.00 6. Warren Neville $ 50,000.00 BACKGROUND: On June 24, 2008 the City Council approved annual agreements with Mason & Mason, Riggs & Riggs, Lea Associates, BTI Appraisal. Warren Neville, and Robert Shea Perdue in the amount of $50,000 each to provide as needed real estate appraisal services. Section 1, TERM, of these agreements allows the City, upon mutual agreement with the consultant, to extend the contract for two 1-year additional terms. Staff is recommending that these annual agreements be extended until June 30, 2010. Each service request will be negotiated separately and may contain some or all of the following: • Research and/or review Title Reports • Prepare necessary surveys and identify existing right-of-ways • Prepare description of properties including, but not limited to, present use, zoning, shape contour and elevations, utilities, etc. • Prepare necessary legal descriptions, exhibits and any other miscellaneous services for acquisition purposes • Provide assistance to the City, as necessary, to acquire right-of-way, preparation of easement documents, permission to enter/grade letters, etc. • Appraise properties for the purpose of estimating market value and provide appraisal reports The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under these agreements, unless directed otherwise by the City Manager or City Council. Individual service requests are funded by various funding sources approved for each project. Adequate funds are available in the FY2009-2010 Public Works Department and Capital Improvement budget. ATTACHMENTS: Amendments FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND BTI APPRAISAL FOR REAL ESTATE APPRAISAL SERVICES THIS FIRST AMENDMENT is made and entered into as of June 23, 2009 by and between the City of Temecula ("City"), a municipal corporation, and BTI Appraisal ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 24, 2008, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement for Consultant Services for Real Estate Appraisal Services for the City of Temecula, in the amount of Fifty Thousand Dollars and No Cents ($50,000.00). b. The parties now desire to extend the term of the Agreement and increase payment for services in the amount of Fifty Thousand Dollars and No Cents ($50,000.00) and amend the Agreement as set forth in this Amendment. 2. Section 1. TERM. This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5.a. PAYMENT. Section 5a., Payment, of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The First Amendment amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for additional services for a total Agreement amount of One Hundred Thousand Dollars and No Cents ($100,000.00). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACTOR BY BTI Appraisal 605 W. Olympic Blvd., Suite 820 Los Angeles, CA 90015 Attn: Ben F. Tunnell III Phone: (213) 532-3800 Fax: (213) 532-3807 BY: (Signature) NAME: (Printed Named) TITLE: (Signature) NAME: (Printed Named) TITLE: TWO SIGNATURES REQUIRED FOR CORPORATIONS 2 ATTACHMENT A PAYMENT RATES AND SCHEDULE 3 -__a p p r a i s a l Fee Policy For many projects a fixed fee can be quoted in advance; for other projects, charges depend on the personnel assigned, the total time required and any expenses that might be incurred such as mileage, parking, postage and copies. Our hourly rates are listed below and are the same for deposition or trial work. Ben F. Tunnell III, Chairman $395 John J. Griffey, President $300 William Kasper, Senior Vice President $285 Megan O'Rourke, Vice Chairman $285 Senior Appraiser $275 Appraisers $235 Researchers $150 Administrative/Secretarial $ 45 We are pleased to bill our established clients either upon issuance of the report or at the end of each month, whichever occurs first. Litigation matters are either billed weekly or semimonthly in order to keep the client abreast of our activities and charges. For newer clients, retainers are normally requested; charges in excess of the retainer are payable prior to issuance of value conclusions or at the end of each billing period, whichever occurs first. All bills are due and payable upon receipt. If you wish to name us as an expert witness in pending litigation, and we accept, we do charge a non refundable retainer of $1,000 irrespective of any work being required. Any work performed on the assignment will, however, be billed against this retainer. Please also note that our policy is to provide testimony (courtroom or deposition) only after full payment for all services previously rendered and a retainer for services requested is received in our ofce. 605 W. Olympic Blvd., Suite 820 • Los Angeles, CA 90015 • tel: (213) 532-3800 • fax: (213) 532-3807 e-mail: ben@btiappraisal.com • www.btiappraisal.com FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND LEA ASSOCIATES, INC. FOR REAL ESTATE APPRAISAL SERVICES THIS FIRST AMENDMENT is made and entered into as of June 23, 2009 by and between the City of Temecula ("City"), a municipal corporation, and LEA Associates, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 24, 2008, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement for Consultant Services for Real Estate Appraisal Services for the City of Temecula, in the amount of Fifty Thousand Dollars and No Cents ($50,000.00). b. The parties now desire to extend the term of the Agreement and increase payment for services in the amount of Fifty Thousand Dollars and No Cents ($50,000.00) and amend the Agreement as set forth in this Amendment. 2. Section 1. TERM. This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5.a. PAYMENT. Section 5a., Payment, of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The First Amendment amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for additional services for a total Agreement amount of One Hundred Thousand Dollars and No Cents ($100,000.00). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACTOR BY LEA Associates, Inc. 1635 Pontius Avenue Los Angeles, CA 90025 Attn: Robert M. Lea, MAI Phone: (310) 477-6595 Fax: (310) 914-0249 BY: (Signature) NAME: (Printed Named) TITLE: (Signature) NAME: (Printed Named) TITLE: TWO SIGNATURES REQUIRED FOR CORPORATIONS 2 ATTACHMENT A PAYMENT RATES AND SCHEDULE 3 LEA ASSOCIATES, INC. HOURLY BILLING RATES AS OF JANUARY 1, 2004 Pre- Pre- Individual Standard Standard Trial/Trial Trial/Trial Hourly Rate Daily Rate Hourly Rate Daily Rate Robert M. Lea, MAI $300.00 $2,400.00 $375.00 $3,000.00 John J. Gobbell, Jr., MAI 200.00 1,600.00 275.00 2,200.00 Barbara J. Lambe, Analyst 90.00 720.00 125.00 1,000.00 Geoffrey W. Capell, Analyst 85.00 680.00 110.00 880.00 Jerardo Arciniega, Analyst 85.00 680.00 110.00 880.00 Joshua M. Fidani, Associate 80.00 640.00 95.00 760.00 Word Processing/Support 60.00 480.00 75.00 600.00 Revised 4/25/08 F:\DOCSVsdminisvativc\Adminisvativc-Gcneralttcros~Adininistrative-InternaN311.LING RATES.vpd FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MASON & MASON FOR REAL ESTATE APPRAISAL SERVICES THIS FIRST AMENDMENT is made and entered into as of June 23, 2009 by and between the City of Temecula ("City"), a municipal corporation, and Mason & Mason Real Estate Appraisers & Consultants ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 24, 2008, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement for Consultant Services for Real Estate Appraisal Services for the City of Temecula, in the amount of Fifty Thousand Dollars and No Cents ($50,000.00). b. The parties now desire to extend the term of the Agreement and increase payment for services in the amount of Fifty Thousand Dollars and No Cents ($50,000.00) and amend the Agreement as set forth in this Amendment. 2. Section 1. TERM. This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5.a. PAYMENT. Section 5a., Payment, of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The First Amendment amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for additional services for a total Agreement amount of One Hundred Thousand Dollars and No Cents ($100,000.00). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACTOR BY Mason & Mason Real Estate Appraisers & Consultants 2609 Honolulu Avenue, Suite 100 Montrose, CA 91020 Attn: Frances Wolfe Mason, MAI Phone: (818) 957-1881 Fax: (818) 957-1891 BY: (Signature) NAME: (Printed Named) TITLE: (Signature) NAME: (Printed Named) TITLE: TWO SIGNATURES REQUIRED FOR CORPORATIONS 2 3 ATTACHMENT A PAYMENT RATES AND SCHEDULE 4 Mason & Masons` /'.,;nC w~Yafc ~pr:.tw~r:a ar:2 ~.reuziorrt.~ 2609 Honolulu Avenue, Suite 100 Montrose, California 91020 Tel: (818) 957-1881 Fax: (8 18) 957-1891 fmason(4; mason2.com areas Wolfe Ma<on MAI a,I,[ SMason MAI(Retired) radfordD Thohrpson. MAI SR/WA .m M. Benson; MAI intent G. Maher, M A I arty M eW alters. MA I at.C McWatters MAI SRA m Prg9 rriello, SR/WA nne B Polk rPhD 2009 STANDARD FEE SCHEDULE Compensation for work performed on a time-and-materials basis will be computed as follows through December 31, 2009: APPRAISAL AND PROJECT SUPERVISION SERVICES Principal Appraiser $225.00 to $425. 00/hour Associate Appraiser $200.00 to $325. 00/hour Research $ 85.00 to $150. 00 EXPERT WITNESS SERVICES Valuation, Consultation, Deposition, and Court Appearance Frances Wolfe Mason, MAI $425.00/hour Bradford D. Thompson, MAI, SR/WA $325.00/hour Vincent G. Maher, MAI $225.00 hour Lisa M. Benson, MAI $275.00/hour Kate C. McWatters, MAI SRA $250.00/hour Harry A. McWatters, MAI . $200.00/hour Kim Pasquariello, SR/WA $250.00/hour Anne E. Pulis, PhD $175.00/hour Scott J. Thompson $175.00/hour Kevin Burke $150.00/hour Robert Redman, MAI $225.00/hour Clerical $60.00 to $ 75.00/hour Research $85.00 to $150.00/hour Court Exhibit Preparation $75.00 to $ 85.00/hour Minimum Charge for Deposition and Court Appearances 4 hours MISCELLANEOUS EXPENSES The following are billed at cost: Subcontractor Services Printing Services Photo Services Court Exhibits Long Distance Telephone Calls, Fax, etc. • Commercial Delivery Services Computer Services Air Transportation and Travel Expenses Automobile Travel @ $0.55 per mile Revised 2/1/09 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ROBERT SHEA PERDUE REAL ESTATE APPRAISAL FOR REAL ESTATE APPRAISAL SERVICES THIS FIRST AMENDMENT is made and entered into as of June 23, 2009 by and between the City of Temecula ("City"), a municipal corporation, and Robert Shea Perdue Real Estate Appraisal ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 24, 2008, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement for Consultant Services for Real Estate Appraisal Services for the City of Temecula, in the amount of Fifty Thousand Dollars and No Cents ($50,000.00). b. The parties now desire to extend the term of the Agreement and increase payment for services in the amount of Fifty Thousand Dollars and No Cents ($50,000.00) and amend the Agreement as set forth in this Amendment. 2. Section 1. TERM. This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5.a. PAYMENT. Section 5a., Payment, of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The First Amendment amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for additional services for a total Agreement amount of One Hundred Thousand Dollars and No Cents ($100,000.00). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACTOR BY Robert Shea Perdue Real Estate Appraisal 41919 Moreno Road, Suite A Temecula, CA 92590 Attn: Robert S. Perdue, MAI Phone: (951) 694-6904 Fax: (951) 694-6964 BY: (Signature) NAME: (Printed Named) TITLE: (Signature) NAME: (Printed Named) TITLE: TWO SIGNATURES REQUIRED FOR CORPORATIONS 2 ATTACHMENT A PAYMENT RATES AND SCHEDULE 3 ROBERT SHEA PERDUE REAL ESTATE APPRAISAL 41919 Moreno Road, Suite A, Temecula, CA 92590 Serving The Inland Empire Phone: (951) 694-6904 Fax: (951) 694-6964 Appraisal Consultants to Government, Financial Legal and Agricultural Industries Fee Schedule City of Temecula Annual Contract for Appraisal Services - Fiscal Year 2009-2010 Type of Property/Project Minimum (Starting) Appraisal Fees Land Residential Land Commercial Land Industrial Land $1,000 - $20,000* $1,000 - $20,000* $1,000 - $20,000* Improved Single Family Multi Family Commercial Industrial $ 500 *(if a form) $1,000 - $20,000* $1,500 - $20,000* $1,000 - $20,000* Reviews Desk Top Review Review & Opinion of Value $1,000 - $20,000* $1,500 - $20,000* *The Not-to-exceed amount will ultimately depend upon the complexity and size ofthe assignment. For example, a street right-of-way acquisition containing 50 properties, or a redevelopment project containing a similar number of properties will result in a much higher fee. Fee determinants include the type of report: Restricted, Summary or Self-Contained, as well as property characteristics, Highest and Best Use, etc., as well as the client's timing. Appraisals are quoted and billed on a lump sum case-by-case basis. Should appraisers' time be required for litigation appraisal including updated estimates of value, attorney/client conferences, deposition or expert witness testimony, this time will be billed at our standardrates of $190 and $250 per hour, respectively. RSPREA's current hourly rate schedule for standard appraisal report services is as follows: Hourly Rate Robert Shea Perdue, MAI $150 Mark Routh, Partner, Senior Appraiser $150 Brad Bassi, Partner, Senior Appraiser $150 Richard T. Russell, Senior Appraiser $150 Brenda Fusco, Associate Appraiser $90 Colleen M. Matthies, Associate Appraiser $90 Cheryl Cameron, Office Manager/Research $75 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND RIGGS & RIGGS, INC. FOR REAL ESTATE APPRAISAL SERVICES THIS FIRST AMENDMENT is made and entered into as of June 23, 2009 by and between the City of Temecula ("City"), a municipal corporation, and Riggs & Riggs, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 24, 2008, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement for Consultant Services for Real Estate Appraisal Services for the City of Temecula, in the amount of Fifty Thousand Dollars and No Cents ($50,000.00). b. The parties now desire to extend the term of the Agreement and increase payment for services in the amount of Fifty Thousand Dollars and No Cents ($50,000.00) and amend the Agreement as set forth in this Amendment. 2. Section 1. TERM. This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5.a. PAYMENT. Section 5a., Payment, of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The First Amendment amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for additional services for a total Agreement amount of One Hundred Thousand Dollars and No Cents ($100,000.00). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACTOR BY Riggs & Riggs, Inc. 4195 Valley Fair Street, Suite 207 Simi Valley, CA 93063 Attn: Joyce L. Riggs, MAI Phone: (805) 578-2400 Fax: (805) 526-6097 BY: (Signature) NAME: (Printed Named) TITLE: (Signature) NAME: (Printed Named) TITLE: TWO SIGNATURES REQUIRED FOR CORPORATIONS 2 ATTACHMENT A PAYMENT RATES AND SCHEDULE 3 INC. Real Estate Appraisers and Consultants 4195 Valley Fair Street, Suite 207, Simi Valley, CA 93063 Business: (805) 578-2400 0 Fax: (805) 526-6097 E-Mail: riggsinc@sbeglobal.net May 12, 2009 Ms. Mylene Waterman Administrative Assistant Public Works Department City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Re: Annual Agreement for Appraisal Services Dear Ms. Waterman: I E. MAY 1 2909 Riggs & Riggs, Inc. Iis pleased to renew its Annual Agreement for another year through 2010. Our current hourly fee schedule is: Appraisal assignments are typically charged on a fixed fee basis. Any additional analysis or meetings which are beyond the scope of the task order/contract for appraisal report, as well as any pre-trial and trial time, will be billed monthly based on our hourly rate schedule, as follows: Appraisers: Bryan G. Riggs, MAI, SR/WA $250/hour Joyce L. Riggs, MAI, SR/WA $250/hour Mark D. Brusca $175/hour Benjamin Seitz $150/hour Daniel J. Kazden $150/hour Heather N. Riggs $100/hour Administrative/Research/Exhibit Preparation: Pamela E. Burkle $75/hour Jody Gallette $75/hour Out-of-pocket expenses associated with a litigation assignment will be included in billing invoices as a reimbursable expense. Thank you for your consideration. Respectfully submitted, RIGGS & RIGGS, INC. L. Riggs, MAI, SNP WA FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND WARREN H. NEVILLE FOR REAL ESTATE APPRAISAL SERVICES THIS FIRST AMENDMENT is made and entered into as of June 23, 2009 by and between the City of Temecula ("City"), a municipal corporation, and Warren H. Neville("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 24, 2008, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement for Consultant Services for Real Estate Appraisal Services for the City of Temecula, in the amount of Fifty Thousand Dollars and No Cents ($50,000.00). b. The parties now desire to extend the term of the Agreement and increase payment for services in the amount of Fifty Thousand Dollars and No Cents ($50,000.00) and amend the Agreement as set forth in this Amendment. 2. Section 1. TERM. This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5.a. PAYMENT. Section 5a., Payment, of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The First Amendment amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for additional services for a total Agreement amount of One Hundred Thousand Dollars and No Cents ($100,000.00). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACTOR BY Warren H. Neville 5015 Canyon Crest Drive, Suite 202 Riverside, CA 92507 Attn: Warren H. Neville, MAI Phone: (951) 784-7340 Fax: (951) 784-5702 BY: (Signature) NAME: (Printed Named) TITLE: (Signature) NAME: (Printed Named) TITLE: TWO SIGNATURES REQUIRED FOR CORPORATIONS 2 ATTACHMENT A PAYMENT RATES AND SCHEDULE 3 MAY-11-2089 12:40P FROM:APPRAISAL OFFICE 951 794 5702 T0:6946475 P.1 Warren H. Neville, MAI 5015 Canyon Crest Drive, Suite 202 Riverside, California 92507 Telephone (951) 784-7340 Fax (951) 784-5702 E-mail: whneville@earthlink.net VIA FACSIMILE (951-694-6475) ONLY May 11, 2009 Mylene Waterman City of Temecula Public Works Department P.O. Box 9033 Temecula, CA 92589 RE: Annual Agreement for Real Estate Appraisal Services 2009-2010 Dear Ms. Waterman: I am in receipt of your May 7, 2009 letter informing me that the City wishes to extend the referenced Agreement for 2009-2010. I would be pleased to extend the Agreement. My fee for appraisal assignments is billed at the rate of $175 per hour. I will typically provide the City with a not-to-exceed fee amount based on the nature of the appraisal assignment. My fee for depositions and trial testimony is $300 per hour. Please feel free to contact me if you have any questions, or need additional information. Since ely, Warren H. Neville, MAI /WHN ITEM NO. 12 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: June 23, 2009 SUBJECT: Amendments to the Annual Agreements for Geotechnical and Material Testing Services for Various Capital Improvement Projects for Fiscal Year 2009-2010 PREPARED BY: Amer Attar, Principal Engineer RECOMMENDATION: That the City Council: 1. Approve the Amendment to the Annual Agreement with Petra Geotechnical, Inc. in the amount of $100,000 to provide as needed geotechnical and material testing services; and 2. Approve the Amendment to the Annual Agreement with Leighton Consulting, Inc. in the amount of $100,000 to provide as needed geotechnical and material testing services. BACKGROUND: On June 24, 2008 the City Council approved annual agreements with Petra Geotechnical Inc. and Leighton Consulting, Inc. in the amount of $100,000 each to provide as needed geotechnical and material testing services. Section 1, TERM, of the agreement allows the City, upon mutual agreement with the consultant, to extend the contract for an additional two 1-year terms. Staff is recommending that those annual agreements be extended until June 30, 2010. Each service request will be negotiated separately and may contain some or all of the following services: • Subsurface exploration and logs summarizing the conditions encountered • Seismicity • Geotechnical Evaluation and recommendations • Discussion of existing pavement or site conditions • Recommendations for removal of unsuitable material • Soil Ferrous corrosivity and Portland Cement attack potential • Environmental concerns/hazards • Review of available geologic maps and reports for the region • Discussion of the material encountered in the borings and measured engineering properties • Preparation of field and final compaction reports • Review of project plans & specifications with emphasis on geotechnical and laboratory materials testing services and attend progress meetings • Observation and Field testing services during all phases of site grading • Field observation and testing during trench backfilling operations • Field density testing during subgrade and base compaction • Field sampling and testing of base and asphalt concrete • All necessary laboratory tests to support field services and to satisfy Caltrans and other regulatory agency requirements • Batch plant inspections • Structure back-fill observation and testing • Concrete sampling and testing • Consulting services requiring corrective and/or remedial recommendations The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under these agreements, unless directed otherwise by the City Manager or City Council. Individual service requests are funded by various funding sources approved for each project. ATTACHMENTS: Amendment to the Annual Agreement with Petra Geotechnical, Inc. for Geotechnical and Material Testing Services Amendment to the Annual Agreement with Leighton Consulting, Inc. for Geotechnical and Material Testing Services FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND PETRA GEOTECHNICAL, INC. FOR GEOTECHNICAL AND MATERIALS TESTING SERVICES THIS FIRST AMENDMENT is made and entered into as of June 23, 2009 by and between the City of Temecula ("City"), a municipal corporation, and Petra Geotechnical, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 24, 2008, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement for Geotechnical and Materials Testing Services for the City of Temecula, in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00). b. The parties now desire to extend the term of the Agreement and increase payment for services in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00) and amend the Agreement as set forth in this Amendment. 2. Section 1. TERM. This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5.a. PAYMENT. Section 5a., Payment, of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The First Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) for additional services for a total Agreement amount of Two Hundred Thousand Dollars and No Cents ($200,000.00). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACTOR BY Petra Geotechnical, Inc. 3185-A Airway Avenue Costa Mesa, CA 92626 Attn: Dr. Siamak Jafroudi, PE Phone: (714) 549-8921 Fax: (714) 549-1438 BY: (Signature) NAME: (Printed Named) TITLE: (Signature) NAME: (Printed Named) TITLE: TWO SIGNATURES REQUIRED FOR CORPORATIONS 2 ATTACHMENT A PAYMENT RATES AND SCHEDULE 3 STANDARD FEE SCHEDULE SOILS LABORATORY TESTING January 1, 2009 Atterberg Limits $ 125.00 Atterberg Limits (Non-Plastic) $ 40.00 Shrinkage Limit $ 65.00 Sieve Analysis* $ 90.00 Sieve Analysis (Aggregate Base)* $ 125.00 Hydrometer* $ 125.00 Wash Over #200 Sieve $ 50.00 Moisture/Density $ 15.00 Moisture/Density (Shelby Tube) $ 40.00 Moisture $ 10.00 Organic Content $ 35.00 Maximum Density/Optimum Moisture - 4" Mold $ 160.00 Maximum Density/Optimum Moisture - 6" Mold $ 200.00 Single Point Proctor $ 85.00 California Method 216 Moisture/Density $ 200.00 Sand Equivalent $ 75.00 pH $ 45.00 Resistivity $ 45.00 Soluble Sulfate Content $ 45.00 Chloride Content $ 45.00 Expansion Index $ 100.00 Collapse Potential* $ 80.00 Consolidation* $ 100.00 Time Readings for Consolidation Tests $ 50.00 Direct Shear (Remolded)* $ 175.00 Direct Shear (Remolded - Reshear)* $ 250.00 Direct Shear (Undisturbed)* $ 160.00 Direct Shear (Undisturbed - Reshear)* $ 240.00 Sample Preparation $ 85.00/hr * Additional Charges for Plotting Test Results are Applicable S:1!BOLLERS-WORDItee schedules,2009\FS-2.LABORATORY.doc {updated 1/09) 117 ~71, P E T R A STANDARD FEE SCHEDULE GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING January 1, 2009 Professional Services (Engineers, Geologists. Environmental Scientists) Senior Principal (Review and Consultation) Principal Senior Associate Associate Senior Project Project Senior Staff Staff Assistant Senior Fault Hazard Specialist Fault Hazard Specialist Forensic Services (Enaineers. Geologists. Environmental Scientists) 200.00/h r. 180.00/h r. 165.00/h r. 150.00/h r. 145.00/h r. 125.00/h r. 110.00/h r. 100.00/h r. 80.00/h r. 165.00/h r. 150.00/h r. Senior Principal/Principal (Review, Analysis, Consultation) $ 275.00/hr. Senior Principal/Principal (Depositions, Hearings, Mediation, Trials in'/z Day Increments) $ 350.00/hr. Senior Associate/Associate $ 225.00/hr. Senior Project/ Project $ 175.00/hr. Technical Services Supervising Engineering Technician $ 100.00/h r. Senior Engineering Technician $ 80.00/hr. Engineering Technician $ 70.00/hr. Field Technician (Prevailing Wage Projects) $ 105.00/hr. Deputy Geotechnical Inspector $ 100.00/hr. Senior Laboratory Technician $ 85.00/hr. Laboratory Technician $ 70.00/hr. Draftsperson $ 85.00/hr. Support Services Outside Consultants Drilling/Equipment Rental Client Requested Accounting Company Owned Equipment Usage Copy Rate PDF File Transmittal CD File Transmittal Cost + 20% Cost + 20% $ 65.00/hr. $ 5.00/hr. $ 0.25/sheet $ 15.00/file $ 13.00/file NOTE: Travel time to field job sites is charged on a portal to portal basis atthe appropriate hourly rate. Overtime for non-registered professionals and technicians is $35 overthe hourly rate. A minimum of two hours will be charged for all personnel and company field equipment usage. (updated 1109) PETRA FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND LEIGHTON CONSULTING, INC. FOR GEOTECHNICAL AND MATERIALS TESTING SERVICES THIS FIRST AMENDMENT is made and entered into as of June 23, 2009 by and between the City of Temecula ("City"), a municipal corporation, and Leighton Consulting, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 24, 2008, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement for Geotechnical and Materials Testing Services for the City of Temecula, in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00). b. The parties now desire to extend the term of the Agreement and increase payment for services in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00) and amend the Agreement as set forth in this Amendment. 2. Section 1. TERM. This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5.a. PAYMENT. Section 5a., Payment, of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The First Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) for additional services for a total Agreement amount of Two Hundred Thousand Dollars and No Cents ($200,000.00). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACTOR BY Leighton Consulting, Inc. 41715 Enterprise Circle N., Suite 103 Temecula, CA 92590-5661 Attn: Thomas C. Benson, President &CEO Phone: (951) 296-0530 Fax: (951) 296-0534 BY: (Signature) NAME: (Printed Named) TITLE: (Signature) NAME: (Printed Named) TITLE: TWO SIGNATURES REQUIRED FOR CORPORATIONS 2 ATTACHMENT A PAYMENT RATES AND SCHEDULE 3 Apt *00 Leighton CITY OF TEMECULA 2009-2010 ANNUAL AGREEMENT PROFESSIONAL FEE SCHEDULE* PROFESSIONAL SERVICES Technical Staff Hourly Rate Soil/Field Technician (Prevailing Wage) $80 Materials Inspection Manager 110 Staff Engineer/Geologist/Scientist/Field Supervisor 115 Senior Staff Engineer/Geologist/Scientist 138 Operations Manager/Equipment Operator 145 Project Engineer/Geologist/Scientist 145 Senior Project Engineer/Geologist/Scientist 160 Associate 170 Principal 170 Senior Principal 170 Technical Support Staff Hourly Rate Administrative Assistant/Word Processor $65 Information Specialist 105 CAD Operator 110 GIS Specialist 125 Miscellaneous Unit Rate Vehicle usage $10 per hour Nuclear density gauge No Charge FTP Site Set Up .............................................................................................................75 each * Effective through December 31, 2009, after which remaining work will be billed at then-current rates. Subject to change based upon project advertised date and changes in California prevailing wage rates. 9060 302 1-09 Leighton 41715 Enterprise Circle N, Suite 103 1 Temecula, CA 92590 p 1866-Leighton f 1951.296.0534 Leighton 1 2009 Fee Schedule Task 8002 8003 8004 8005 8006 8024 8007 8008 8023 8009 8010 8011 8012 8013 8014 8015 8016 8017 8018 8020 8021 8022 8050 8051 8052 8053 8054 8055 8056 8057 8058 SCHEDULE OF SERVICES - SOILS TESTING Identification & Index Properties Method Moisture Content ASTM D 2216 Moisture and Density (Ring Samples) ASTM D-2937 Moisture Content & Density (Shelby tube or requires cutting) ASTM D 2937 Atterberg Limits (3 points) ASTM D 4318 Single Point / Nonplastic ASTM D 4318 Atterberg Limits (Organic) ASTM D 2487 / 4318 Visual classification of point as nonplastic ASTM D 2488 Particle Size: Sieve (1'/z' to -4200) ASTM D 422 Particle Size: Sieve (6" to -#200) ASTM D 422/C136 Hydrometer only ASTM D 422 Sieve & Hydrometer ASTM D 422 Dispersive Characteristics of Clay Soil (Double Hydrometer) ASTM D 4221 Specific Gravity: Fine (passing #4) ASTM D 854 / CTM 207 Coarse (retained on #4) ASTM C 127 / CTM 206 Total Porosity - On Shelby tube sample calculated from density & specific gravity Total Porosity - On other sample Photograph of sample Shrinkage Limits (Wax Method) Pinhole Dispersion Percent Passing #200 Sieve Moisture & Density (Chunk Samples) Sand Equivalent Soil Chemistry pH Electrical Resistivity - single point - insitu moisture Minimum Resistivity (minimum of 3 points) pH & Minimum Resistivity Sulfate Content - Gravimetric Sulfate Screen Chloride Content Corrosion Suite: pH, Chloride, Minimum Resistivity & Sulfate (gravimetric) Organic Matter Content ASTM D 4943 ASTM D 4647 ASTM D 1140 ASTM D 2419 / CTM 217 Method CTM CA Test 532/643 CTM CA Test 532/643 CTM CA Test 532/643 CTM CA Test 417 Part II HACH kit CTM CA Test 422 CTM CA Test 532/643 ASTM 2974 Per Test $20 30 40 150 84 182 11 110 175 110 185 89 125 100 137 105 11 126 210 70 58 105 Per Test $42 42 89 131 68 32 68 245 63 Shear Strength Method Per Test 8070 Pocket Penetrometer $16 8072 Direct Shear (3 points) Consolidated Undrained - 0.05 in./min. ASTM D 3080 mod. 285 8073 Direct Shear (3 points) Consolidated Drained - <0.05 in./min. ASTM D 3080 345 8074 Residual Shear (price per pass after shear) EM 1110-2-1906-IXA 70 8075 Remolding or Hand Trimming of specimens (3 points) 90 8076 Oriented or Block Hand Trimming (per hour) 58/hour 8077 Daily equipment usage rate (after 2 days) 35/day 8079 Single Point Shear 105 8080 Torsional Shear 620 Compaction & Bearing Capacity Method Per Test 8090 R-Value - Untreated CTM 301 $310 8091 R-Value - Lime or cement treated soils (57% additive) CTM 301 338 8094 Standard Proctor Compaction - 4 points ASTM D 698 8092 4 inch mold Methods A&B 182 8093 6 inch mold Method C 215 Modified Proctor Compaction (Max Density) - 4 points ASTM D 1557 8100 4 inch mold Methods A&B 220 8101 6 inch mold Method C 245 p 1866-Leighton f 1951.296.0534 page 1 12 9060 302 i-09 1 oighlnn Leighton 1 2009 Fee Schedule SCHEDULE OF SERVICES - SOILS TESTING (Continued) Method 8102 Check Point 8103 Relative Density (0.1 cubic foot mold) ASTM D 4253, D 4254 8104 California Bearing Ratio (CBR) - 3 point * ASTM D 1883 8105 - 1 point * Compaction (Max Density) should also be performed - not included in above prices 8000 Relative Compaction of Untreated & Treated Soils & Aggregates CTM 216 ("Cal 216" - Caltrans wet density compaction curve) Triaxial Tests 8120 Unconfined Compression Strength of Cohesive Soil (with stress/strain plot) 8121 Unconsolidated Undrained Triaxial Compression Test on Cohesive Soils (USACE Q test) (per confining stress) 8122 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (CU, USACE R-bar test) with Back Pressure Saturation & Pore Water Pressure Measurement (per confining stress) 8127 Consolidated Drained Triaxial Compression Test (CD, USACE S test) with Volume Change Measurement 8123 Sand or silty sand soils (per confining stress) 8124 Silt or clayey sand soils (per confining stress) 8125 Clay soils (per confining stress) 8126 Three-stage Triaxial Tests Consolidation & Swell Tests 8140 Consolidation (11 loads up to 16 ksf & unload to .25 with Strain vs. P curve and one Time curve) 8141 Each additional Time Curve 8142 Each additional load/unload w/o Time Reading 8143 Expansion Index 8145 Swell/Collapse Test - Method A (Up to 10 load/unloads w/o time curves) 8146 Single Load Swell/Collapse Test - Method B (Seat, load, and inundate only) 8148 Collapse Potential of Soils Hydraulic Tests 8162 Triaxial Permeability in Flexible-Wall Permeameter with Backpressure Saturation (at One Effective Stress) 8163 - Each Additional Effective Stress 8164 - Hand Trimming of Soil Samples for Horizontal K 8169 Remolding of Test Specimens Soil-Cement 8106 Moisture-Density Relations of Soil-Cement Mixtures 8130 Compressive Strength of Molded Soil-Cement Cylinders (per cylinder) 8161 Remolded Specimen 8200 Box of Rings Method ASTM D 2166 ASTM D 2850 ASTM D 4767 EM 1110-2-1906(X) Per Test $65 236 500 184 250 Per Test $135 168 375 375 500 705 Above price + 75% Method ASTM D 2435 ASTM D 4829 ASTM D 4546-A ASTM D 4546-B ASTM D 5333 Per Test $195 45 42 131 289 105 220 Method EPA 9100/ASTM D 5084 (Falling Head Method C) Method ASTM D 558 ASTM D 1633 Per Test $310 121 58 58 Per Test $200 50 236 125 Apt P 1866-Leighton f 1951.296.0534 page 2 12 4 ~ipv0 ;iO2 1-09 Lcigfiion Leighton Leighton 1 2009 Fee Schedule MATERIALS TESTING & INSPECTION SCHEDULE OF SERVICES Task 6200 6201 6202 6203 6204 6205 6207 6208 6211 6212 6213 6214 6217 6218 6219 Task 6230 6233a 6234m 6235a 6236a 6237m 6238n 62391, 6240r, 6241 6242 6232 7120 Task 7200 7201 7202 7203 7220 7204 7205 7206 7207 7208 7209 7210 7211 7213 7214 7215 7216 7217 7376 Special Inspection Services (field) Special Inspection Concrete ICC Special Inspection Post-Tension Concrete ICC Special Inspection Structural Steel/Welding & Bolting Special Inspection Welding AWS/CWI Special Inspection Masonry ICC Special Inspection Masonry DSA Special Inspection Asphalt Special Inspection Fireproofing ICC Special Inspection Shotcrete or Gunite ICC Special Inspection Shotcrete or Gunite DSA Special Inspection Epoxy Injection & Anchors Batch Plant Inspection Concrete/Asphalt Fabrication Inspection (Local) AWS/CWI, ICC, Glulam Fabrication Inspection (Outside Southern California) Inspector Verified Report (DSA-5/DSA-6) Technician Services ACI Concrete/Rebar Tag & Sample Pachometer Survey Schmidt Hammer Survey Prevailing Wage" $75 75 ICC 75 80 75 80 75 Moisture Testing In-situ surface Wenner soil resistance test (including equipment) Pull-out Test on Embedded Bolts, Anchors and Dowels (including equipment) Earth Anchor Hold Down Test (4 hour, full load application with tests 5 minimum) Earth Anchor Hold Down Test (Prelude / short term with full load) Coring Concrete, Masonry or Asphalt in Field Sawing Concrete, Masonry or Asphalt in Field Pick-up and Delivery - (weekdays, per trip, <50 mile radius from Leighton office) Coring and Sizing (in house, at Leighton laboratories) Laboratory Technician (at Leighton laboratories) n Portal to Portal Concrete Strength Characteristics Concrete Cylinders (6-inch by 12-inch) - Compression Gunite /Shotcrete Cores (laboratory coring and testing only) Lightweight Fill Concrete (3-inch by 6-inch) Compression, Concrete or Masonry Cores (testing only) :56-inch diameter Trimming concrete cores (per core) Splitting Tensile - 6-inch by 12-inch cylinder Flexural Strength of Concrete (Simple Beam with 3rd pt. Loading) Mix Design, Determination of Proportions Mix Design, Review of Existing Laboratory Trial Batch with Slump, Unit Weight & Air Content 6-inch by 12-inch Cylinder, Make and Test (lab trial batch) 3-inch by 6-inch Grout Prisms, Make and Test (lab trial batch) 6-inch by 6-inch Flexural Beams, Make and Test (lab trial batch) Cylinder molds, 6-inch by 12-inch, 2-inch by 4-inch when not used with testing Unit Weight of Hardened Light weight Concrete Rapid Cure Concrete Cylinders (Boil Method) Drying Shrinkage (Four Readings, up to 90 days, 3 bars) Modulus of Elasticity/Poisson's Ratio 3-inch by 6-inch cores Flexural Strength of Concrete (simple beam w/ center point loading) t 75 75 80 75 75 80 Quote upon request, site-specific 89 Prevailing Wage" $75 75 75 75 100 100 Quoted based on location Quoted based on location Quoted based on location Quoted based on location 80 80 80 Method Per Test ASTM C-39 $25 ASTM C-42 60 ASTM C-495 30 ASTM C-42 40 20 ASTM C-496 50 ASTM C-78 65 250 150 ASTM C-192 457 ASTM C-192 25 ASTM C-192 25 ASTM C-192 65 3 ASTM C-567 50 ASTM C-684 50 ASTM C-157 400 ASTM C-469 350 CTM 523 65 p 1866-Leighton f 1951.296.0534 page 1 13 Lei hton Leighton 1 2009 Fee Schedule Task Aggregate Properties Method Per Test 7240 Sieve Analysis of Fine and Coarse Aggregate ASTM C-136 $135 7241 Sieve Analysis-Finer than #200 (Wash) ASTM C-117 90 7242 LA Rattler-Smaller Coarse Aggregate < ASTM C-131 165 7243 LA Rattler-Larger Coarse Aggregate > ASTM C-535 190 7244 Soundness Magnesium ASTM C-88 225 7249 Soundness Sodium 650 7245 Organic Impurities ASTM C-40 90 7246 Clay Lumps, Friable Particles ASTM C-142 175 7370 Soil & Aggregate Preparation & Sieve (Fine & Coarse Aggregate) X CTM 201 & 202 265 7373 Grading & Specific Gravity Calculation t CTM 105 80 7247 Durability Index CTM 229 200 7248 Cleanness Value of Coarse Aggregate CTM 227 210 Task Masonry Method Per Test 7260 Mortar Cylinders (2-inch by 4-inch) ASTM C-780 $25 7261 Mortar Cubes (2-inch by 2-inch) ASTM C-109 25 7262 Grout Prisms (3-inch by 6-inch) ASTM C-1019 25 7263 Compression, Concrete or Masonry Cores, :56-inch diameter (Testing ASTM C-42 40 Only) 7264 CMU Compression (3 required) to size 8-inch by 8-inch by 16-inch ASTM C-140 45 7265 CMU Compression (3 required) greater than 8-inch by 8-inch by 16-inch ASTM C-140 50 7266 CMU Moisture Content, Absorption & Unit Weight (6 required) ASTM C-140 40 7267 Masonry efflorescence (5 required) ASTM C-67 40 7268 CMU Linear Drying Shrinkage ASTM C-426 175 7269 CMU Grouted Prisms (compression test:_ 8 inch by 8-inch by 16-inch) ASTM E-447 180 7280 CMU Grouted Prisms (compression test > 8-inch by 8-inch by 16-inch) ASTM E-447 250 7281 Masonry Core-Shear Title 24 (Test Only) 70 7283 Specimen Prep (Sample by others) 50 7284 CMU width, depth and face shell measurements 40 Task Brick Method Per Test 7290 Compression (5 required) ASTM C-67 $40 7291 Modulus of Rupture (5 required) ASTM C-67 40 7292 Absorption, Soak (5 required) ASTM C-67 40 7293 Absorption, Boil (5 required) ASTM C-67 50 7294 Absorption, Saturation Coefficient (5 required) ASTM C-67 50 7295 Initial Rate of Absorption (5 required) ASTM C-67 40 7296 Efflorescence (5 required) ASTM C-67 55 7297 Efflorescence with Mortar (5 required) ASTM C-67 65 Task Steel Reinforcement Method Per Test 7300 Tensile Test, Up to No. 10 ASTM A-370 $45 7301 Tensile Test, No. 11 and over ASTM A-370 100 7302 Bend Test, Up to No. 11 ASTM A-370 45 Task Structural Steel Method Per Test 7310 Tensile Strength, :5100,000 pounds axial load ASTM A-370 $45 7311 Tensile Strength, 100,000 to 200,000 pounds axial load ASTM A-370 60 7312 Bend Test ASTM A-370 40 7313 Pipe Flattening Test ASTM A-370 Quote 7314 Machining and Preparation of Samples ASTM A-370 Quote 7315 Brinell & Rockwell Hardness Test ASTM A-370 55 7316 Chemical Analysis, Carbon and Low Alloy Steel Quote Task Pre-stressing Method Per Test 7320 Prestressing Wire, Tension (stress vs. strain plot) ASTM A-416 $150 7321 Sample Preparation (cutting) 50 7322 Prestressing cable, 7 wire (Breaking strength/Modulus of Elasticity) ASTM A-416 190 p 1866-Leighton f 1951.296.0534 page 2 13 9060 302 1 -0) Leighton Leighton Leighton 1 2009 Fee Schedule Task Weld Procedure and Welder Qualifications Rate 6320 Welder Certification/Weld Procedure Review (AWS/CWI) $85/hour 7330 Weld Tensile Test 50 each 7331 Weld Bend Test 40 each 7332 Weld Macro-Etch 60 each 7333 Bolt Tensile Test 50 each 7334 Bolt, Nut or Washer Hardness Test 50 each 7335 Bold Elastic Proof Load Test 50 each Task Fireproofing Method Per Test 7340 Unit Weight (Density) UBC Std. 7-6 $60 Task Asphalt Concrete, Specimen Testing Method Per Test 7350 Extraction, Percent Asphalt and Gradation, Centrifuge ASTM D 2172/ C 136 $195 7351 Extraction & Percent Asphalt (only), Centrifuge ASTM D 2172 155 7355 Extraction and Gradation Only, Centrifuge ASTM D 2172/ C 136 175 7352 Bulk Specific Gravity - Molded Specimen or Cores ASTM D-1188 55 7353 Maximum Density - Hveem CTM 308 125 7354 Stabilometer Value CTM 366 265 7357 Bituminous Mixture Preparation CTM 304 80 7377 Moisture Content of Asphalt t CTM 370 60 7378 Sampling Highway Materials/Products (Roadway Structural Sections) t CTM 125 per hour Quote 7379 Extraction by Ignition Oven CTM 382 (8/2003) 150 Rubberized Asphalt add 25% Task Mix Design/Control Method Per Test 7360 Mix Design - Hveem Including Aggregate Tests per Design ASTM D 1560/CTM 366 Quote 7361 Mix Design - Marshall Including Aggregate Tests per Design ASTM D 1559 Quote 7362 Field Mix - Hveem Stability per point ASTM D 1560/CTM 366 $200 7363 Field Mix - Marshall Stability per point ASTM D1559 200 Task Moisture Vapor Emission Rate (MVER) Test Method Per Test 6325 Moisture Test Kit (excludes labor to perform test) ASTM E-1907 $60 Task Other Services Method Rate 6260 Non-Destructive Testing (NDT) of Welds ANSI $92 each 6259 Radiographic Testing Quote 6270 Project Closeout 215 per hour T soil t material JK soil & materials p 1866-Leighton f 1951.296.0534 page 3 13 0060X02 1-09 L.(:;( hton Lt?Ight0ll Leighton 1 2009 Fee Schedule EQUIPMENT LIST Task Equipment, Supplies and Materials Rate 9515 Air Compressor - portable $100 per day 9563 Air Flow Meter and Purge Pump (200 cc/min) - Low Flow 80 per day 9516 Brass / SS Soil Sample Tubes 8 per day 9594 Caution Tape (1000-foot roll) 15 each 9564 Core Sample Boxes 15 each 9532 Core Sampler & Hammer 25 per day 9565 Cutoff Saws, reciprocating, electric (Saws-All) 45 per day 9566 D.C. Purging Pump, 3 gpm 25 per day 9555 DOT 55-gallon Containment Drums 60 each 9517 Disposable Polypropylene Bailers 12 each 9567 Dissolved Oxygen Meter 40 per day 9537 Generator, Portable, 3,500 watts 75 per day 9512 Field Truck / Day 125 per day 9569 Four Gas Meter (RKI Eagle) / Day 120 per day 9590 GPS Unit (Trimble), Roving Surveying Equip. 50 per day 9540 GPS Station 150 per day 9531 Hand-Auger Sampling System 100 per day 9569 Hand-Held Electric Water Pump 60 per day 9538 In-Situ Level Troll 500 (each) 50 per day 9539 In-Situ Troll 9500 Low Flow Water Sampling Equipment 120 per day 9571 Jackhammer, electric, 90 lb 100 per day 9543 Level B Protection 300 per day 9544 Level C Protection 180 per day 9573 Locking Monitoring Well Cap 25 each 9574 Magnahelic Gauges, each 10 per day 9533 Misc. Field Items (consumables: OVA cartridges, gloves, string, etc) 30 per day 9559 Oil-Water, Dual-Stage Interface Probe 50 per day 9553 Padlock, Standard #3 18 each 9554 Padlock, Oversize #5 25 each 9522 pH/Conductivity/Temp Meter 45 per day 9549 Photo-Ionization Detector (PID) / Day 110 per day 9562 Photo-Ionization Detector (PID) /Week 440 per week 9557 Pump, 2 Stage 45 per day 9558 Pump, 4 Stage w/ controller 60 per day 9525 Reusable SS Bailers 20 per day 9581 Slip / Treaded Cap, 2" or 4" PVC, schd 40 8 each 9593 Snow Fence (100-foot roll) 15 per day 9541 Soil Sampling Tripod 30 per day 9542 Soil Sampling T-handle (Encore) 15 per day 9595 Survey Stakes 5 each 9526 Submersible Pump, 10 gpm, high powered Grunfos 2" & Controller 160 per day 9527 Submersible Sump/Transfer Pump, 10-25 gpm 45 per day 9585 Tedlar Bags 15 each 9586 Traffic Cones/Barricades 40 per day 9587 Trash Pump, 3-inch 400 gpm surface pump 75 per day 9556 Tubing, Clear Vinyl 3/8-inch to 1/4-inch .45¢ per foot 9528 Turbidity Meter 70 per day 9548 Tyvek Suit 12 each 9529 Vapor Sampling Box 40 per day 9545 Vacuum Gauge (Digital) / Manometer (O&M Monitoring Eq.) 20 per day 9546 VelociCalc (O&M Monitoring Eq.) 35 per day 9588 Visqueen, 6-mil, 20'x100' roll 75 per roll 9536 Water Level Indicator (electronic well sounder) 100/200/300' 40 per day 9534 Tiltmeter, inclinometer and extensometer reading units 210 per day p 1866-Leighton f 1951.296.0534 page 1 12 9060 302 1-09 Leighton Lei hton Leighton 1 2009 Fee Schedule EQUIPMENT LIST (Continued) Task Equipment, Supplies and Materials 9596 Water Quality Checked (pH, conductivity, turbidity, DO temp, Salinity) 9521 Other Equipment 6300 Skidmore-Wilhelm bolt cell 6301 Small torque wrench 6309 Big torque wrench 6302 Air meter 6303 Pachometer 6304 Schmidt Hammer 6307 110V, 50A generator 6308 Brass mold 9597 Double-Ring Infiltrometer (ASTM D3385) Rate $110 per day Upon Request 40 per day 15 per day 20 per day 25 per day 50 per day 30 per day 125 per day 15 per day 350 per day p 1866-Leighton f 1951.296.0534 page 2 12 9060 302 1-09 Loigh on Leighton Leighton 1 2009 Fee Schedule TERMS AND CONDITIONS Overtime for field personnel will be charged at 1.2 times basic hourly rates up to 12 hours per 24 hour interval, and 1.5 times basic hourly rates when exceeding 12 hours in 24 hours and/or on Sunday or holidays. Expert witness testimony will be charged at 2.0 times the above rates, with a minimum charge of four hours per day. Invoices are rendered monthly, payable upon receipt. Proposals are valid for 90 days, unless otherwise stated in the proposal. Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, subsistence, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 20%, unless billed directly to, and paid by client. Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the site, and agrees to reimburse Leighton for all costs related to their unanticipated discovery. These rates are predicated on standard insurance coverage and a limit of liability to our fees for the project. For "paid when paid" contracted work, Leighton shall receive payment within 10 calendar days from when our Client receives payment for our services. Minimum Hourly Charges for Geotechnical and Environmental Technicians: 1. Monday-Friday none 2. Saturday and Sunday none Minimum Hourly Charges for Special Inspectors or Material Field Services (field time only): 1. Cancellation of inspections not canceled by 4:00 p.m. on preceding day .....................2 hours 2. One-half working day or less except as No. 3 below applies ........................................4 hours 3. Over one-half working day/or begins before noon and extends into afternoon .............8 hours All soil samples should be free of hazardous materials. Standard turn-around time for test results is 10 working days. Samples will be stored for 2 months, after which they will be discarded. Prior notification is required if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve or tube will be applied. Cylinder Holds: After all designated 28-day breaks for a given set meet specified compressive strength, all "hold" cylinders will be automatically disposed of, unless specified in writing prior to the 28-day break. Cancellation of Field Services: No charge if made before 4:00 p.m. of the preceding work day. See Minimum Charge. Parking: When not furnished, parking will be charged at cost plus 20%. License & Permits: Additional cost of any special licenses or permits for a project will be billed at cost plus 20 percent. p 1866-Leighton f 1951.296.0534 page 1 11 9x160 sot 11 Uo. Leighton Leighton ITEM NO. 13 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: June 23, 2009 SUBJECT: Amendments to the Annual Agreements for Engineering and Construction Survey Services for Various Capital Improvement Projects for Fiscal Year 2009- 2010 PREPARED BY: Amer Attar, Principal Engineer RECOMMENDATION: That the City Council: 1. Approve the Amendment to the Annual Agreement with Hall & Foreman, Inc. in the amount of $100,000 to provide as needed Engineering and Construction Survey services; and 2. Approve the Amendment to the Annual Agreement with David Evans & Associates, Inc. in the amount of $100,000 to provide as needed Engineering and Construction Survey services. BACKGROUND: On June 24, 2008 the City Council approved annual agreements with Hall & Foreman, Inc. and David Evans & Associates, Inc. in the amount of $100,000 each to provide as needed engineering and construction survey services. Section 1, TERM, of these agreements allows the City, upon mutual agreement with the consultant, to extend the agreement for 2 1-year additional terms. Staff is recommending that these annual agreements be extended until June 30, 2010. Each service request will be negotiated separately and may contain some or all of the following services: • Research existing survey data such as maps, records of survey, monument ties, and benchmarks • Locate existing monuments • Performing boundary and control surveys • Prepare legal descriptions and plat maps for right-of-way acquisition • Perform Aerial mapping and topographic surveys • Establish and verify horizontal and vertical control • Locate horizontally to 0.1 ± feet all existing facilities • Performing field surveying for project design purposes • Perform construction staking including center lines, limits of clearing and grubbing and construction, slopes, saw cuts, edge of pavement, layout lines, drainage structures, curb & gutters, etc. The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under these agreements, unless directed otherwise by the City Manager or City Council. Individual service requests are funded by various funding sources approved for each project. ATTACHMENTS: Amendment to the Annual Agreement with Hall & Foreman, Inc. for Engineering and Construction Survey services Amendment to the Annual Agreement with David Evans & Associates, Inc. for Engineering and Construction Survey services FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND HALL & FOREMAN, INC. FOR ENGINEERING AND CONSTRUCTION SURVEYING SERVICES THIS FIRST AMENDMENT is made and entered into as of June 23, 2009 by and between the City of Temecula ("City"), a municipal corporation, and Hall & Foreman, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 24, 2008, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement for Engineering and Construction Surveying Services for the City of Temecula, in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00). b. The parties now desire to extend the term of the Agreement and increase payment for services in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00) and amend the Agreement as set forth in this Amendment. 2. Section 1. TERM. This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5.a. PAYMENT. Section 5a., Payment, of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The First Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) for additional services for a total Agreement amount of Two Hundred Thousand Dollars and No Cents ($200,000.00). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACTOR BY Hall & Foreman, Inc. Three Better World Circle, Suite 200 Temecula, CA 92590 Attn: Jon E. Bourgeois, PE Phone: (951) 294-9300 Fax: (951) 291-9301 BY: (Signature) NAME: (Printed Named) TITLE: (Signature) NAME: (Printed Named) TITLE: TWO SIGNATURES REQUIRED FOR CORPORATIONS 2 ATTACHMENT A PAYMENT RATES AND SCHEDULE 3 SCHEDULE OF HOURLY BILLING RATES Effective November 1, 2008 OFFICE: Principal Project Management (VP/Sr. Proj. Dir./Proj. Dir./Proj. & Survey Mgr) Senior Engr./Proj. Eng./Proj. Surveyor/Sr. Designer/Principal Planner Staff Engineer Designer/Assist. Proj. Mgr/Planner/Survey Analyst Drafter/CADD Technician/Senior Analyst Project Ass is tant/Expeditor/Assist. Engineer Administrative Expert Witness/Litigation Consultation FIELD SURVEY: 2-Person Survey Crew 1-Person Survey Crew CONSTRUCTION: Resident Engineer Inspector $195.00/Hot►r $165.00/Hour $135.00/HOCK $115.00/Hour $105.00/Hour $ 95.00/Hour $ 80.00/Hour $ 65.00/Hour $300.00/Hour $200.00/$225.00 Hour" $150.00/Hour $115.00/Hour $105.00/Hot►r Note 1: Client shall pay the cost, plus 15%, for any applicable governmental fees, title company charges, well monuments, outside vendor reproduction costs, in-house reproduction cost, plotting costs, mileage, and delivery or messenger services incurred on Client's behalf. If requested, HFI will provide a computer printout, which details these costs. HFI does not typically provide any additional back up for these generally nominal expenses as part of our fee. Note 2: In the event Consultant's fee schedule changes due to any increase of costs such as the granting of wage increases and/or other employee benefits to field or office employees due to the terms of any labor agreement, or increase in the cost of living, during the lifetime of this agreement, a percentage increase shall be applied to all remaining fees and charges to reflect the increased costs. Note 3: The fee stated herein does not include any sales or use tax. In the event that a sales and/or use tax is imposed by local, state, or federal authority, upon the services rendered hereunder, such sales and/or use tax shall be in addition to said fee herein, and shall be the full responsibility of the Client. "Prevailing wage rates pursuant to the applicable provisions of the Labor Code of the State of California. T:\080562\Admin\Contracts\Extend Agreement for Additional Terms.doc FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND DAVID EVANS AND ASSOCIATES, INC. FOR ENGINEERING AND CONSTRUCTION SURVEYING SERVICES THIS FIRST AMENDMENT is made and entered into as of June 23, 2009 by and between the City of Temecula ("City"), a municipal corporation, and David Evans and Associates, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 24, 2008, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement for Engineering and Construction Surveying Services for the City of Temecula, in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00). b. The parties now desire to extend the term of the Agreement and increase payment for services in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00) and amend the Agreement as set forth in this Amendment. 2. Section 1. TERM. This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5.a. PAYMENT. Section 5a., Payment, of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The First Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) for additional services for a total Agreement amount of Two Hundred Thousand Dollars and No Cents ($200,000.00). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACTOR BY David Evans and Associates, Inc. 4200 Concours Drive, Suite 200 Ontario, CA 91764 Attn: Bernard J. Mclnally, Vice President Phone: (909) 481-5750 Fax: (909) 481-5757 BY: (Signature) NAME: (Printed Named) TITLE: (Signature) NAME: (Printed Named) TITLE: TWO SIGNATURES REQUIRED FOR CORPORATIONS 2 ATTACHMENT A PAYMENT RATES AND SCHEDULE 3 DAVID EVANS ANOASSOCIATES INC. Schedule of Hourly Billing Rates Ra tes Effecti ve through September 30, 2010 Office Staff: Principal $225.00 Project Manager $195.00 Professional Engineer $180.00 Professional Land Surveyor $180.00 Professional Landscape Architect $170.00 Professional Architect $170.00 Professional Planner $170.00 Survey Analyst $160.00 Civil Designer $155.00 Landscape Designer $125.00 Land/Environmental Planner $125.00 CADD Designer $125.00 CADD Drafter $110.00 Clerical $90.00 Note: Authorized overtime will be charged at LS times the above rate. Field Staff: 2-Person Survey Crew $280.00 3-Person Survey Crew $345.00 Note: Per union agreement, there is a 4-, 6-and 8-hour minimum charge for field survey work Reimbursable Expenses: Client shall pay the costs, plus 15%, for any applicable governmental fees, title company charges, subconsultant fees, outside vendor reproduction costs, in-house reproduction costs, mileage, and delivery or messenger services incurred on Client's behalf. 4200 Concours Drive, Suite 200, Ontario, California 91764 telephone 909.481.5750 facsimile 909.481.5757 www. deainc. com ITEM NO. 14 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: June 23, 2009 SUBJECT: Annual Agreement for Landscape Plan Check and Inspection Services for Fiscal Year 2009-2010 PREPARED BY: Amer Attar, Principal Engineer RECOMMENDATION: That the City Council approve an Annual Agreement with David Neault Associates, Inc. in the amount of $100,000.00 to provide as needed Landscape Plan Check and Inspection Services for Fiscal Year 2009-2010. BACKGROUND: There are various projects described in the approved Capital Improvement Program (CI P) for Fiscal Years 2010-2014 that will require landscape plan check and inspection services. The attached agreement is for a one-year term with David Neault Associates, Inc. to provide as needed services. These services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up throughout the year. A Request for Qualifications was sent out on May 12, 2009. Of the ten firms that received an RFQ, one responded, David Neault Associates, Inc. After review of David Neault Associates, Inc. qualifications, staff has determined that this firm is well qualified to perform any landscape plan check and inspection services the City may require. David Neault Associates, Inc. is currently assisting the City on a number of projects. The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved projects will utilize the services under these agreements, unless directed otherwise by the City Manager or City Council. Individual service requests are funded by various funding sources approved for each project. ATTACHMENTS: Annual Agreement for Landscape Plan Check and Inspection Services AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND DAVID NEAULT ASSOCIATES, INC. FOR LANDSCAPE PLAN CHECK & INSPECTION SERVICES VARIOUS PUBLIC WORKS DEPARTMENT PROJECTS APPROVED FOR FISCAL YEAR 2009-2010 THIS AGREEMENT is made and effective as of June 23, 2009 between the City of Temecula a municipal corporation ("City") and David Neault Associates, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2009 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) one (1) year additional terms. In no event shall the contract be extended beyond June 30, 2013. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of PAFinance\Agreement Samples.2007\Consultant-Prof Srvc Agrmnt.Sample. Revised 2008 1 Updated 10/16/08 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 contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 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 on 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. 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 2 written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 3 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. and in aggregate. 4) Professional Liability coverage: One million ($1,000,000) per claim c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the 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: 4 1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this 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 rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. 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. 5 Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. 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 via U.S. Mail: City of Temecula Mailing Address: P.O. Box 9033 6 Temecula. California 92589-9033 To City via Courier Service: 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: David Neault Associates, Inc. 49877 Enterprise Cirlce North, Suite 940 Temecula, CA 92590 (959) 296-3430 Ph (959) 296-3439 Fax Attention: Suzanne Palmer, Principal 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon 7 each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: David Neault Associates, Inc. 49877 Enterprise Cirice North, Suite 940 Temecula, CA 92590 (959) 296-3430 Ph (959) 296-3439 Fax Attention: David S. Neault, President Name: Title: By: Name: Title: [Signatures of Two Corporate Officers Required] 9 EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: PUBLIC WORKS SCOPE OF SERVICES: ✓ Upon notification from the Public Works Department that construction plans are ready for review; the consultant will pick up plans at the City. ✓ The consultant will review the plans verifying consistency with Public Works Department standards and specifications, map conditions of approval and CC&R's. One set of plans will be red-lined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with Public Works Department standards. Items not addressed in Public Works standards but that are outside of profession norms will also be marked for explanations from the applicant. ✓ The consultant will return plans and plan check comments to the Public Works Department within two (2) weeks of receipt of the first submittal; one (1) week for subsequent submittals. Plan check comments will also be provided via e-mail for use by the City. ✓ Once revisions have been resubmitted by the applicant, the consultant will re-check the plans for conformance. Should all revisions have been made and all questions answered, the plans will be ready for approval. If all revisions are not made, one set of plans and the check list will be red-lined again and returned to the applicant a second time for revisions. This process will continue until the plans are brought into conformance with City standards and professional norms. ✓ Upon request of the Public Works Department, the consultant will review and approve construction cost estimates of proposed improvements in order to determine bonding requirements if required for the project. ✓ Upon request of the Public Works Department, the consultant will provide landscape construction inspection services in order to insure implementation is in conformance with the approved plans. A written report will be provided to the project manager after each inspection. ✓ Fees will be charged at an hourly rate that the consultant will specify for the agreement. The funding will be included in the project budgets that require these services. ✓ The exact scope will be negotiated per each project and a separate P. O. will be issued for each scope. 10 TEMECULA COMMUNITY SERVICES DEPARTMENT (TCSD) SCOPE OF SERVICES: • Upon notification from the Temecula Community Services Department (TCSD) that construction plans are ready for review, Consultant will pick up plans at the City. CONSULTANT will review the plans verifying consistency with TCSD standards and specifications; map and development plans conditions of approval and CC&R's. One set of plans will be red-lined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with TCSD standards. Items not addressed in TCSD standards but that are outside of profession norms will also be marked for explanations from the applicant. CONSULTANT will return redlined plans and plan check comments to TCSD within two (2) weeks of receipt of the first submittal; one (1) week for subsequent submittals. Plan check comments will be provided via e-mail for use by the City Representative. Once revisions have been resubmitted by the applicant, CONSULTANT will re-check the plans for conformance. Should all revisions have been made and all questions answered, the plans will be ready for approval. If all revisions are not made, one set of plans and the check list will be red-lined again and returned to the applicant a second time for revisions. This process will continue until the plans are brought into conformance with City standards and professional norms. • Upon request of TCSD, CONSULTANT will review and approve construction cost estimates of proposed improvements in order to determine bonding requirements. • Upon request of TCSD, CONSULTANT will attend meetings as required (i.e. pre-design meetings and interim reviews of construction plans with applicants in order to communicate issues with designers, pre-construction meetings, etc.). • Upon request of TCSD, CONSULTANT will provide landscape construction inspection services in order to insure implementation is in conformance with the approved plans. A written report will be provided via e-mail to a designated list as directed by the City after each inspection within 2 working days with a signed hard copy to follow. • Other Tasks: CONSULTANT will provide other tasks as requested by the City at a negotiated rate. • Plan Check fees shall be quoted per project based upon square footage for three plan checks. The fee for additional plan check shall be negotiated and included in the annual agreement. • Landscape Inspection fees shall be a flat fee per inspection. • Special Meetings as needed based on a negotiated hourly rate. 11 EXHIBIT B PAYMENT RATES AND SCHEDULE 12 DNA Hourly Rates David Neault $145.00 per hour Principal $120.00 per hour Associate $ 95.00 per hour Administrative $ 55.00 per hour FEES For the annual agreement most fees will be charged at an hourly rate base on the rates shown above. For specific projects that require plan check or inspection services DNA will submit to the requesting department a proposal and identify the scope of work for the specified project for negotiation. Upon approval the City will issue a separate purchase order for each scope. For TCSD plan check services DNA will base our fees upon square footage of the project that will cover up to three plan checks. Should additional plan check be required for said project DNA shall negotiate a set price which will be included in the annual agreement and not base on specific pro- jects. For landscape inspection services for TCSD DNA shall negotiate a flat fee per inspection. Any Special Meetings will be on an "as-needed" bases and billed at a negotiated hourly rate. General Reauirement Acknowledaements • DNA at the time of preparing this SOQ does not intend to use outside consultants in order to pro- vide plan check or inspection services. Should the need arise after approval of an Annual Agree- ment DNA shall provide the City with a brief description of their role on the project, a resume of the individual that will work on the project and an organizational chart for consideration and approval. • An authorized DNA official shall sign all proposals. • All proposals submitted will be valid for a minimum of ninety (90) days. • Any non-professional field personnel shall be paid no less than the State Prevailing Wage Rate and DNA shall submit certified payrolls for the applicable trades. • DNA agrees to provide evidence of insurance liability and abide by the City's Risk Management procedures as outlined in Exhibit "A" provided in RFQ No. 015. • DNA shall maintain the required professional licenses and registrations for the life of the Agree- ment with the city. Dn David nEAOLT AS=VQESInc. ITEM NO. 15 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: June 23, 2009 SUBJECT: Third Amendment to Professional Services Agreement - T.Y. Lin International Preparation of Plans, Specifications and Estimate for the Western Bypass Bridge Over Murrieta Creek - Project No. PW06-04 PREPARED BY: Avlin Odviar, Senior Engineer - CIP William Becerra, Associate Engineer - CIP RECOMMENDATION: That the City Council approve a Third Amendment with T.Y. Lin International in an amount not to exceed $40,583.00 for additional services to modify the design of the Western Bypass Bridge Over Murrieta Creek, Project No. PW06-04 - to accommodate two (2) 12" diameter waterlines for Rancho California Water District (RCWD). BACKGROUND: On May 23, 2006, the City Council approved an agreement with T.Y. Lin International in the amount of $344,342.00 to prepare the Environmental Document, Plans and Specifications, and Estimate for the Western Bypass Bridge. Subsequent to that, Amendment No. 1 was approved by the City Manager, extending the term of the agreement to June 30, 2008. On June 24, 2008 City Council approved Amendment No. 2 increasing payment by $244,824.80 for additional costs associated with development of plans and specifications, and extending the term of the agreement to June 30, 2010. RCWD requested that the City modify the bridge design to accommodate a new 20" waterline to assist with serving the water demand on the westerly side of Murrieta Creek. The bridge designer, TY LIN, advised that with minor modifications, the bridge could accommodate two new 12" waterlines without compromising the structural or aesthetic integrity of the bridge. RCWD advised that two - 12" waterlines would suffice. The scope of Amendment No. 3 includes the design, and the preparation of plans and specifications necessary to construct the new RCWD waterlines. The entire cost of the amendment will be borne by RCWD. The additional design scope is not anticipated to have a significant impact on the overall project schedule. Staff has negotiated an equitable scope of work and fee for this added work. T.Y. Lin International has agreed to provide these services for the sum of $40,583.00. With this Third Amendment, the total contract amount will be $607,493.00. FISCAL IMPACT: This project is in the City's Capital Improvement Program, Fiscal Years 2009-2013. Funding sources include Transportation Uniform Mitigation Fee (TUMF) and Developer reimbursements. The City is currently processing reimbursement agreements with WRCOG. A deposit for the full amount of the proposed additional design services ($40,583.00) will be posted by Rancho California Water District in Deposit Account No. B 210.2940 to cover the total amount of Amendment No. 3. The total authorization for this agreement, including contingency, is $648,076.00. ATTACHMENTS: 1. Project Location 2. Project description 3. Third Amendment - T.Y. Lin International d F u u O L Pk PROJECT DESCRIPTION Project Title: WESTERN BYPASS BRIDGE OVER MURRIETA CREEK PRIORITY: Project Type: Circulation Description: The City will construct a new bridge crossing Murrieta Creek at the Western Bypass / Temecula Parkway. Department: Public Works - Account No. 210.165.660 Scope of Project: Project includes finalizing and updating the existing bridge design, constructing the bridge, the approaches roadways, curb and gutters sidewalk, storm drain facilities, environmental studies and mitigation. Completed project will tie southern leg of Western Bypass. Benefit: Project Cost: Administration Acquisition Construction Construction Engineering Design Environmental MSHCP Totals Source of Funds: Reimbursements/Other (Developer) TUMF (wRcoG) Project will improve traffic safety and circulation. New bridge will meet Army Corps of Engineers (ALOE) Murrieta Creek Improvement Project needs. Actuals to Date 2008-09 2009-10 2010-11 2011-12 2012-13 $ 19,457 $ 108,000 $ 108,000 $ 676,000 $ 6,532,520 $ 180,000 $ 80,970 $ 561,371 $ 20,000 $ 129,600 $ 326,626 $ 100,427 $ 1,365,371 $ - $ 7,276,746 $ - $ - $ 100,427 $ 1,365,371 $ 4,682,544 $ 2,594,202 Total Project Cost $ 235,457 $ 676,000 $ 6,532,520 $ 180,000 $ 642,341 $ 149,600 $ 326,626 $ 8,742,544 $ 4,682,544 $ 4,060,000 Total Funding: $ 100,427 $ 1,365,371 $ - $ 7,276,746 $ - $ - $ 8,742,544 Future O & M Cost: $ 6,000 Annually 81 THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND TY LIN International WESTERN BYPASS BRIDGE OVER MURRIETA CREEK PROJECT NO. PW06-04 THIS THIRD AMENDMENT is made and entered into as of June 23, 2009 by and between the City of Temecula ("City"), a municipal corporation, and TY LIN International ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On May 23, 2006, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement For Professional Consultant Services Western Bypass Bridge Over Murrieta Creek, Project PW06-04 for preparation of environmental documents, plans, specifications and estimate, in the amount of $344,342.00. b. On July 1, 2007, the Agreement was amended to extend the TERM of the Agreement though June 30, 2008. C. On June 24, 2008, the Agreement was amended to increase payment in the amount of Two Hundred Twenty Two Thousand Five Hundred Sixty Eight Dollars and No Cents ($222,568.00) for additional Professional Consultant Services. d. The parties now desire to increase payment in the amount of Forty Thousand Five Hundred Eighty Three Dollars and No Cents ($40,583.00) for additional Professional Consultant Services and amend the Agreement as set forth in this Amendment. 2. Section 5.a. PAYMENT of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Attachment "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 B other than the scope of work to be performed, payment rates and schedule of payment are null and void. The Third Amendment amount shall not exceed Forty Thousand Five Hundred Eighty Three Dollars and No Cents ($40,583.00 for additional Professional Consultant Services for a total Agreement amount of Six Hundred Seven Thousand Four Hundred Ninety Three Dollars and No Cents ($607,493.00). 3. Exhibit "A" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 1 Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT T Y LIN International 5030 Camino De La Siesta, Suite 204 San Diego, CA 92108 (619) 692-1920 (619) 692-0634 Fax BY: (Signature) NAME: W. Mark Ashley TITLE: Sr. Vice President BY: (Signature) NAME: Joe Tognoli TITLE: Vice President TWO SIGNATURES REQUIRED FOR CORPORATIONS 3 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 City of Temecula SCOPE OF WORK AMENDMENT No. 3 Western Bypass Corridor Bridge over Murrieta Creek City of Temecula, CA I. Description of Additional Services Pursuant to your request, we are submitting this proposal to provide engineering design services for two 12-inch recycled waterlines planned to be carried on the Western Bypass Bridge. Construction plans will include the connection to an existing recycled waterline approximately 100 feet east of the bridge and end caps on the proposed waterlines at the west end of the bridge for future connections. The following tasks describe our scope of work: Phase 2 - Final Design and Plans, Specifications and Estimates (PS&E) Task 2.6 - Engineering Services and Design Plans for two, 12" RCWD Recycled Waterlines Task 1: Initial Pre-Design Meeting - Attend a meeting with the District staff to discuss design parameters for the project. Task 2: Record Search - Obtain copies of all Assessor's maps, records of survey, tract maps, parcel maps, and utility information that would potentially be affected by this project. Task 3: Base Construction Drawings - Prepare the base construction drawings with standard District title block utilizing the design survey used for the bridge design drawings. Task 4: Preliminary (50%) Construction Drawings and Specifications - Select an alignment for extending the proposed 20" waterline from the point of connection to the beginning of the bridge that provides adequate separation from existing and proposed facilities. Design the pipeline profile, thrust protection, expansion joint, and connection to existing system. Pipe expansion joints are assumed to be installed in a vault outside the bridge abutment wall. Task 5: Preliminary Design Review Meeting - Attend a meeting with the District staff approximately one week after submitting the 50% plans and specifications to review and obtain comments and/or approval of the preliminary design. Task 6: Submit Preliminary Drawings to the City of Temecula - Modify preliminary drawings based on the comments received at the meeting and submit to the City of Temecula for review. -FYLININTERNATIONAL Western Bypass Corridor Bridge over Murrieta Creek City of Temecula SCOPE OF WORK Task 7. Utility Verification - Once the preliminary waterline design has been approved, provide recommendations for utilities to be excavated and exposed that may be in conflict with the proposed waterline alignment. We will submit an application to the City of Temecula for issuance of an encroachment permit. Arrange and conduct a field meeting with all affected utility agencies. We will provide a contractor to excavate and expose the existing utilities. Task 8: 90% Plans and Specifications - Incorporate all comments received in the drawings and specifications. Prepare 90% submittal package. Task 9: 90% Cost Estimate - Prepare an engineer's estimate of the construction cost. Submit with the 90% PS&E package to the District for review. Task 10: Final Review Meeting - Upon completion of the 90% PS&E package, arrange a meeting with the District staff to review and obtain comments and/or approval of the 90% PS&E submittal for finalizing the construction package. Task 11: Submit 100% PS&E Package - Finalize the construction plans, specifications, and cost estimate based on all comments received and submit the 100% PS&E package to the District and the City of Temecula for inclusion in the bridge construction package. Task 12: Project Management - Provide project management services including coordination with the RCWD and waterline design consultant, and perform quality control checks of construction documents. Deliverables: 1. Waterlines plan and profile 2. Waterline support details inside and outside the bridge structure. Support details within the bridge structure will be included in the bridge construction plans. 3. Pipe expansion joint details. 4. Utility vault plan and details. 5. Pipe construction specifications included as General Notes on the design plans. Construction specifications for the pipe supports within the bridge structure will be included in the bridge special provisions. 6. Engineer's estimate of construction costs based on the recent cost data for similar projects. -FYLININTERNATIONAL Western Bypass Corridor Bridge over Murrieta Creek City of Temecula SCOPE OF WORK Services not Included: This proposal does not included assistance during bidding and construction. Compensation: Based on the scope of services outlined above and the breakdown of fee shown on Exhibit A, we propose to provide the design services for a lump sum, fixed fee of $40,583. Charges for design services will be billed monthly based on the percentage of the completed work. -FYLININTERNATIONAL Western Bypass Corridor Bridge over Murrieta Creek Western Bypass Bridge over Murrieta Creek Exhibit A Amendment No. 3 RCWD Waterline Design June, 2009 T.Y. LIN INTERNATIONAL FEE PROPOSAL RCWD Waterlines Design and Construction Documents TASK NO. TASK FIRM TYLI KS--] TOTAL RCWD Waterline Design and Project Mangement $13,966 $26,618 $40,583 Totals: $13,966 $26,618 $40,583 WBP Amendment 3 Fee 6-4-09.x1s Page 1 of 3 Printed: 6/8/2009 Consultant: T.Y. Lin International Activity: Project Management and Bridge Engineering Design Task: RCWD Waterline Design Western Bypass Bridge over Murrieta Creek Amendment No. 3 RCWD Waterline Design June, 2009 Estimated Labor Hours Labor Totals Subtask I Description Principal Eng Suprv Eng Senior Br Eng Assoc Br Eng Asst. Eng Senior CADD Staff Name Hours Amount 0 $0 1 Initial predesi n meeting 3 3 $585 2 Record search 8 8 $1,360 3 Base construction drawings 2 2 $390 4 Prliminary drawings and specifications (50%) 8 8 16 $2,280 5 preliminary design review meeting 3 3 $585 6 Submit preliminary drawings to the City 2 2 4 $730 7 Utility verification 2 2 $390 8 90% Plans and specifications 8 8 16 $2,280 9 Prepare engineer's cost estimate 2 6 8 $1,060 10 Final review meeting (90%) 3 3 $585 11 1001x. PS&E 4 4 8 $1,140 12 Invoicing 2 2 $390 12 QA QC 4 4 $780 0 $0 Total Hours: 0 21 32 6 0 20 0 79 Rate: $230.00 $195.00 $170.00 $120.00 $110.00 $115.00 $0.00 Subtotal - Labor: $0 $4,095 $5,440 $720 $0 $2,300 $0 $12,555 Subtotal - LABOR +OVERHEAD $12,555 REIMBURSABLE EXPENSES Mileage 0 Miles @ $0.50 $0 Lodging Meals 0 Nights @ $0.00 $0 Plan Reproduction 0 Prints @ $1.00 $0 Photocopies 0 Copies @ $0.00 $0 Postage & Freight 4 Each @ $20.00 $80 Photosimulation 0 Ca) $2,000.00 $0 Subtotal - REIMBURSABLE EXPENSES $80 SUBCONSULTANT SERVICES Krieger and Stewart $26,618 SubconsultantAdministration @ 5.001/. $1,331 Subtotal - SUBCONSULTANT SERVICES $27,948 TOTAL RCWD Waterline Design $40,583 Exhibit A WBP Amendment 3 Fee 6-4-09.xis Page 2 of 3 Printed: 6!8!2009 Subconsultant: Krieger and Stewart Activity: Design plans for waterline Task: RCWD Waterline Design Western Bypass Bridge over Murrieta Creek Amendment No. 3 RCWD Waterline Design June, 2009 Estimated Labor Hours Labor Totals Subtask Descri tion Principal Project Engineer Computer Operator Clerical Hours Amount 1 Initial predesi n meeting 4 4 $616 2 Record search 4 4 8 $920 3 Base construction drawings 8 8 16 $2,072 4 Prliminary drawings and specifications (507b) 4 16, 16 4 40 $5,140 5 preliminary design review meeting 4 4 $616 6 Submit preliminary drawings to the City 2 4 2 8 $880 7 Utility verification 2 10 12 $1,358 8 90% Plans and specifications 4 12 16 4 36 $4,524 9 Prepare engineer's cost estimate 4 4 $616 10 R nal revi ew m eeti (90io) 4 4 $616 11 1001-o PS&E 12, 8 4 24 $2,992 0 $0 0 $0 0 $0 0 $0 Total Hours: 8 72 62, 18 0 0 0 160 Rate: $173.00 $154.00 $105.00 $76.00 Subtotal - Labor: $1,384 $11,088 $6,510 $1,368 $0 $0 $0 $20,350 Subtotal $20,350 REIMBURSABLE EXPENSES Mileage 0 Miles @a $0.35 $0 Lodging/Meals 0 Nights @a $0.00 $0 Plan Reproduction 0 Prints @ $7.00 $0 Photocopies 0 Copies g $0.00 $0 Postage & Freight 0 Each @ $45.00 $0 Other (Specify) 0 @ $0.00 $0 Subtotal - REIMBURSABLE EXPENS ES $1,268 SUBCONSULTANT SERVICES Saf-r-Dig $5,000 Subconsultant 2 $0 Subconsultant 3 $0 Subconsultant 4 $0 Subconsultant 5 $0 Subtotal - SUBCONSULTANT SERVICES $5,000 TOTAL RCWD Waterline Design $26,618 Exhibit A WBP Amendment 3 Fee 6-4-09.xis Page 3 of 3 Printed: 6/8/2009 ITEM NO. 1 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: June 23, 2009 SUBJECT: Second Amendment to Contract Agreement for On-Call Traffic Signal Maintenance Services for Fiscal Year 2008-2009 PREPARED BY: Jerry Gonzalez, Associate Engineer - Traffic Daniel A. York, City Engineer RECOMMENDATION: That the City Council approve a Second Amendment to the Contract Agreement with Republic ITS, to perform On-Call Traffic Signal Maintenance Services for an amount not-to-exceed $24,500.00. BACKGROUND: At their meeting of July 8, 2008, the City Council approved a contract agreement with Republic ITS in the amount of $50,000.00 to provide emergency and non- emergency after hour and weekend call-out services for traffic signals, highway safety lighting, flashing beacons, and other electronically operated traffic control and warning devices. The contract contains a provision that allows the extension of the contract on a yearly basis by mutual agreement of both parties for up to three years. On June 9, 2009, the City Council approved the First Amendment to the Contract Agreement with Republic ITS, which extends the term of the contract to June 30, 2010, for an amount not-to-exceed $50,000.00, for fiscal year 2009-2010 on-call services. This Second Amendment to the contract is necessary to cover the costs of providing emergency response services and replacing traffic signal equipment which was damaged during the June 3, 2009 lightning storms. These added costs are over and above the current fiscal year agreement total, and should be charged against next fiscal year's amendment. Due to the emergency nature of the work, the City Attorney advised that the work could proceed as soon as practical with the City Council ratifying the amendment at its first opportunity. The repair/replacement work was completed June 3 & 4, 2009. The contract amount for the agreement with Republic ITS, is as follows: Original Contract $ 50,000.00 - Fiscal Year 2008-2009 First Amendment $ 50,000.00 -Fiscal Year 2009-2010 Second Amendment $ 24.500.00 - Fiscal Year 2008-2009 (Emergency) Total Contract Amount $124,500.00 FISCAL IMPACT: Adequate funds are available in the Public Works, Traffic Division's operating budget for Fiscal Year 2008-2009 for the Second Amendment's not-to-exceed amount of $24,500.00. ATTACHMENTS: Second Amendment to Agreement between City of Temecula and Republic ITS SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND REPUBLIC ITS FOR ON-CALL TRAFFIC SIGNAL MAINTENANCE SERVICES THIS SECOND AMENDMENT is made and entered into as of June 23, 2009 by and between the City of Temecula ("City"), a municipal corporation, and Republic ITS ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 8, 2008, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement for On-Call Traffic Signal Maintenance Services for the City of Temecula, in the amount of Fifty Thousand Dollars and No Cents ($50,000.00). b. On June 9, 2009, the agreement was extended to increase the payment amount by Fifty Thousand Dollars and No Cents ($50,000.00) for On-Call Traffic Signal Maintenance Services for FY 2009-2010. C. The parties now desire to increase payment for services in the amount of Twenty Four Thousand Five Hundred Dollars and No Cents ($24,500.00) and amend the Agreement as set forth in this Amendment. 2. Section 3.a. PAYMENT. Section 3a., Payment, of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The Second Amendment amount shall not exceed Twenty Four Thousand Five Hundred Dollars and No Cents ($24,500.00) for additional services for a total Agreement amount of One Hundred Twenty Four Thousand Five Hundred Dollars and No Cents ($124,500.00). 3. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACTOR BY Republic ITS 371 Bel Marin Keys Boulevard, Suite 200 Novato, CA 94949 Attn: James A. Wagner, P.E Vice President of Engineering Phone: (415) 884-3000 BY: (Signature) NAME: (Printed Named) TITLE: (Signature) NAME: (Printed Named) TITLE: TWO SIGNATURES REQUIRED FOR CORPORATIONS 2 ATTACHMENT A PAYMENT RATES AND SCHEDULE 3 ITEM NO. 17 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council Genie Roberts, Director of Finance FROM: Glenn Patterson, Fire Chief DATE: June 23, 2009 SUBJECT: First Amendment to Fire/EMS Protection Agreement for Fiscal Year 2009-10 RECOMMENDATION: That the City Council approve the First Amendment to the Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention and medical aid. This Exhibit covers services requested for Fiscal Year 2009-10. BACKGROUND: Since the City of Temecula's incorporation, Fire/EMS services have been provided through a Cooperative Fire Service Agreement to provide fire protection, fire prevention, rescue and medical aid with the County of Riverside. Formalization of this agreement is required every three years to appropriately renew the contract. On June 24, 2008, the City Council approved the Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention, and rescue service through June 30, 2011. The County has provided the City with a schedule of contract staffing costs (Exhibit "A") to the Fire Protection Agreement for City Council approval, which reflects the service costs for fiscal year 2009-10. Fiscal year 2009-10 includes an increase in service costs due to a reduction in the offsetting Fire Tax credit, which is estimated to be reduced due to the reduction in County property tax revenue. There is also an increase in Fleet Support due to the addition of one reserve Fire Engine. FISCAL IMPACT: The increased cost associated with these changes is $786,722. Adequate funds have been appropriated in the fiscal year 2009-10 Fire Services budget. ATTACHMENTS: Exhibit "A" First Amendment to Fire/EMS Protection Agreement FIRST AMENDMENT TO "A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTIONS, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR THE CITY OF TEMECULA" THIS FIRST AMENDMENT is made and entered into as of this 23rd day of June, 2009 by and between the County of Riverside (hereinafter referred to as the "COUNTY") and the City of Temecula (hereinafter referred to as the "CITY"), whereby it is agreed as follows: 1. Recitals. This First Amendment is made with respect to the following purposes and facts which each of the parties agree to be true and correct: A. On July 29, 2008 the COUNTY and the CITY entered into that certain agreement entitled: "A Cooperative Agreement to Provide Fire Protections, Fire Prevention, Rescue and Medical Aid for the City of Temecula" (hereinafter referred to as the "Agreement"). B. The parties now wish to amend the Agreement to provide for a new and updated Exhibit A to the Agreement setting forth contract staffing costs. 2. Amended Exhibit A. Exhibit A to the Agreement is hereby deleted in its entirety and replaced with a new Exhibit A, dated April 23, 2009 for FY 09-10, attached hereto and incorporated herein as though set forth in full. 3. Other Terms Remain. Except as specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. I 1086-00091985726v L doc CITY OF TEMECULA Maryann Edwards Mayor Attest: Susan W. Jones, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney 2 11086-00091985%26vl.doe COUNTY OF RIVERSIDE Attest: Nancy Romero Clerk of the Board By: Deputy Approved As to Form: Synthia M. Gunzel Deputy County Counsel 11086-00091985726v1.doe EXHIBIT "A" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA DATED April 23, 2009 FOR FY 09/10 CAPTAIN'S ENGINEER FF II CAPTAIN'S MEDICS ENGINEER'S MEDICS FF II'S MEDICS TOTALS STA #12 Medic Engine 317,512 2.0 271,818 2.0 231,961 2.0 264,497 2.0 1,085,788 a.o STA #73 Medic Engine 317,512 2.0 135,909 1.0 153,348 1.0 231,961 2.0 264,497 2.0 1,103,227 a.o (Truck CO-) 476,268 3.0 407,727 3.0 347,942 3.0 396,745 3.0 1,628,682 i2.o STA #84 Medic Engine 317,512 2.0 176,269 t.o 271,818 2.0 231,961 2.0 264,497 2.0 1,262,057 9.0 STA #92 Medic Engine 317,512 2.0 135,909 1.0 153,348 1.0 231,961 2.0 264,497 2.0 1,103,227 8.0 Fixed Relief 158,756 t.o 153,348 i.o 115,981 t.o 132,248 t.o 560,333 4.0 Vac. Relief - Engine 158,756 t.o 135,909 1.0 306,696 2.0 231,961 2.0 132,248 t.o 965,571 70 SUBTOTALS 2,063,829 176,269 1,359,089 766,741 1,623,730 1,719,229 7,708,886 SUBTOTAL STAFF 13 1 10 5 14 13 56 DIVISION CHIEFA 235,810 each 117,905 0.5 BATTALION CHIEF & FIRE MARSHAL/BC 219,533 each 439,067 2.0 FIRE SAFETY SUPERVISOR (PCN 110077) 119,206 each 119,206 1.0 FIRE SAFETY SPECIALIST (PCN 6966) 108,709 each 108,709 1.0 FIRE SYSTEMS INSPECTOR (PCNs 6977, 51714) 86,122 each 172,244 2.0 SUBTOTAL $957,131 62.5 SUPPORT SERVICES Administrative/Operational 16,923 per assigned Staff 989,996 58.5 Volunteer Program 10,250 per Volunteer Co. 10,250 1.0 Medic Program 7,799 per assigned Medics 148,181 19.0 Fleet Support 29,871 per Fire Suppression Equip 194,162 6.5 ECC Support Calls/Station Basis 188,308 Comm/IT Support Calls/Station Basis 264,051 SUPPORT SERVICES SUBTOTAL 1,794,947 ESTIMATED DIRECT CHARGES (including Medic operating expenses) 69,167 FIRE ENGINE USE AGREEMENT 16,050 each engine 96,300 6 TOTAL STAFF COUNT 62.5 TOTAL ESTIMATED CITY BUDGET $10,626,430 TEMECULA ESTIMATED FIRE TAX CREDIT (7,133,304) NET ESTIMATED CITY BUDGET 3,493,127 STRUCTURAL FIRE TAXES 6,202,085 REDEVELOPMENT PASS THRU 931,219 TOTAL TAX FUNDING 7,133,304 "Division Chief is split funded with County 37119 SUPPORT SERVICES Administrative & Operational Services 58.5 Assigned Staff Finance Public Affairs 0.0 Battalion Chief Su pport Training Procurement 58.5 Total Assigned St aff Data Processing Emergency Services Accounting Fire Fighting Equip. 3.5 Fire Stations Personnel Office Supplies/Equip. 5,957 Number of Calls Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Medic Program - Support staff, Training, Certification, Case Review & Reporting Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions Exhibit "A' CITY OF TE MECULA Page 1 of 1 ITEM NO. 18 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Rich Johnston, Building Official DATE: June 23, 2009 SUBJECT: First Amendment to Agreement for Weed Abatement with Inland Empire Property Services, Inc. RECOMMENDATION: That the City Council approves a first amendment to the agreement with Inland Empire Property Services Inc., to provide weed abatement for Fiscal Year2008/2009 in the amount of $15,000.00 for a total agreement amount of $65,000.00. BACKGROUND: On April 28, 2009 the City of Temecula and Inland Empire Property Services Inc., entered into an agreement in the amount of $50,000.00. Due to the increase of vacant properties and the volume of abatement increase the parties now desire to increase the payment for services in the amount of $15,000 for a total contract amount of $65,000.00. The City of Temecula is responsible for the weed abatement of properties with hazardous growth not maintained during the spring and summer seasons. The city contracts with a local contractor to bring specifically identified parcels into compliance with the Temecula Municipal Code. The parcel owners are then billed to recover the contractor costs plus an administrative fee. If the owners do not remit payment for the billing notice, the city will then place a lien as required to facilitate cost recovery for the property. FISCAL IMPACT: Funds are budgeted and in the FY 08/09 for Account Number 001-161-611- 5440 "Weed Abatement". ATTACHMENTS: First Amendment for FY 2008/2009 FIRST AMENDMENT TO CONTRACT BETWEEN CITY OF TEMECULA AND INLAND EMPIRE PROPERTY SERVICES INC WEED ABATEMENT SERVICES THIS FIRST AMENDMENT is made and entered into as of June 23, 2009 by and between the City of Temecula ("City"), a municipal corporation, and Inland Empire Property Services, Inc. ("Contractor"). 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 April 28, 2009, the City and Contractor entered into that certain Contract entitled "City of Temecula Contract for Maintenance Services", in the amount of $50,000. b. The parties now desire to Increase the payment for services in the amount of $15,000 and amend the Contract as set forth in this Amendment. 2. Section 5.a. PAYMENT. Section 5a., Payment, of the Agreement is hereby amended to read as follows: a. The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The First Amendment amount shall not exceed Fifteen Thousand Dollars ($15,000) for additional Maintenance Services for a total Contract amount of Sixty-Five Thousand Dollars ($65,000). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACTOR Inland Empire Property Services Attn: Chuck Maciel PO Box 9908 Moreno Valley, CA 92552-1908 (951) 924-6905 BY: (Signature) NAME: (Printed Named) TITLE: BY: (Signature) NAME: (Printed Named) TITLE: TWO SIGNATURES REQUIRED FOR CORPORATIONS 2 ITEM NO. 19 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 23, 2009 SUBJECT: Application for Reconsideration of the Resolution(s) of the Riverside County Local Agency Formation Commission ("LAFCO") related to the Santa Margarita Sphere of Influence Expansion and Annexation Applications PREPARED BY: Betsy Lowrey, Case Planner RECOMMENDATION: That the City Council authorize the Santa Margarita Annexation Ad- Hoc Subcommittee ("Subcommittee") to move forward, as may be determined by the Subcommittee, and file on behalf of the City an Application for Reconsideration of a Resolution of the Local Agency Formation Commission of Riverside County ("Application for Reconsideration") pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 related to the following LAFCO Applications: LAFCO 2008-20-1 Municipal Service Review and Sphere of Influence Amendment (addition) to the City of Temecula (Santa Margarita) and the Temecula Community Services District (subsidiary); and 2. LAFCO 2008-21-1 Reorganization to Include Annexation to the City of Temecula (Santa Margarita) and the Temecula Community Services District (subsidiary) and Concurrent Detachments from County Service Area 152 and the Riverside County Waste Resources Management District. BACKGROUND: On June 4, 2009, LAFCO disapproved the above-referenced applications. The Resolutions for denial are expected to be approved by LAFCO at their June 25, 2009 meeting. Pursuant to Government Code Section 56895, a written request (Application for Reconsideration) must be filed within 30 days of the adoption of the initial or superseding resolution by the Commission. Once directed by the Subcommittee, staff will file an Application for Reconsideration pursuant to Government Code Section 56895. FISCAL IMPACT: The Application for Reconsideration fee is approximately $1750.00. ATTACHMENTS: None TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 20 ACTION MINUTES of JUNE 9, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:22 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 21 Action Minutes.- Approved Staff Recommendation (3-0-2) - Director Roberts made the motion; it was seconded by Director Edwards; and electronic vote reflected approval with Directors Comerchero and Washington abstaining. RECOMMENDATION: 21.1 Approve the action minutes of May 26, 2009. 22 Financial Statements for the Nine Months Ended March 31, 2009 - Approved Staff Recommendation (5-0-0) - Director Roberts made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 22.1 Receive and file the Financial Statements for the nine months ended March 31, 2009. 23 Inclusion of Tracts into Service Level B and Service Level C for Fiscal Year 2009-2010 - Approved Staff Recommendation (5-0-0) - Director Roberts made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 23.1 Adopt a resolution entitled: Action Minutes CSD 060909 RESOLUTION NO. CSD 09-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACCEPTING A CERTAIN TRACT INTO TCSD SERVICE LEVEL B FOR THE PURPOSES OF FUNDING THE ENERGY CHARGES FOR RESIDENTIAL STREET LIGHTS BEGINNING FISCAL YEAR 2009-2010 23.2 Adopt a resolution entitled: RESOLUTION NO. CSD 09-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACCEPTING A CERTAIN TRACT INTO SERVICE LEVEL C FOR THE PURPOSES OF FUNDING CERTAIN RESIDENTIAL LANDSCAPING AND SLOPE MAINTENANCE COSTS BEGINNING FISCAL YEAR 2009-2010 24 Third Amendment to the Janitorial Services Aareement for Park Restrooms and Picnic Shelters with Environmental Cleaning Solutions & Facility Management, LLC for Fiscal Year 2009-2010 - Approved Staff Recommendation (5-0-0) - Director Roberts made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 24.1 Approve the Third Amendment with Environmental Cleaning Solutions & Facility Management, LLC for $63,780 to provide Janitorial Services for Park Restrooms and Picnic Shelters and extend the term of this Agreement to June 30, 2010. 25 Second Amendment to the Tree Trimming Maintenance Services Agreement with West Coast Arborist, Inc. for Fiscal Year 2009-2010 - Approved Staff Recommendation (5- 0-0) - Director Roberts made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 25.1 Approve the Second Amendment with West Coast Arborist, Inc. in the amount of $50,000 for Tree Trimming Maintenance Services for Fiscal Year 2009-2010. 26 Agreement with Alpha Mechanical Service & Engineering for Heating and Air Conditioning Services - Approved Staff Recommendation (5-0-0) - Director Roberts made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 26.1 Approve a contract with Alpha Mechanical Service & Engineering for Heating and Air Conditioning Maintenance Services in the amount of $55,825 for Fiscal Year 2009-2010. Action Minutes CSD 060909 CSD PUBLIC HEARING 27 Review and Adoption of the FY 2009-10 Annual Operating Budget - Approved Staff Recommendation (5-0-0) - Director Naggar made the motion; it was seconded by Director Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 27.1 Adopt a resolution entitled: RESOLUTION NO. CSD 09-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FY 2009-10 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS By way of a PowerPoint presentation, City Manager Nelson provided a detailed overview of the Annual Operating Budget. The public hearing was opened. There being no public input, the public hearing was closed. 28 Temecula Community Services District Proposed Rates and Charges for Fiscal Year 2009-2010 - Approved Staff Recommendation (5-0-0) - Director Naggar made the motion; it was seconded by Director Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 28.1 Adopt a resolution entitled: RESOLUTION NO. CSD 09-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B - RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C - PERIMETER LANDSCAPING, SERVICE LEVEL D - RECYCLING AND REFUSE COLLECTION AND SERVICE LEVEL R - EMERGENCY UNPAVED ROAD MAINTENANCE SERVICES FOR FISCAL YEAR 2009-2010 Community Services Director Parker reviewed the staff report (as per agenda material). The public hearing was opened. There being no public input, the public hearing was closed. Action Minutes CSD 060909 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:38 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, June 23 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] Action Minutes CSD 060909 ITEM NO. 21 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: June 23, 2009 SUBJECT: Patricia H. Birdsall Sports Park Tournament Fee Amendment PREPARED BY: Herman D. Parker, Director of Community Services Department RECOMMENDATION: That the Board of Directors 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 TOURNAMENT FEE FOR RENTAL OF THE PATRICIA H. BIRDSALL SPORTS PARK ATHLETIC FIELDS BACKGROUND: Since the opening of the Patricia H. Birdsall Sports Park several youth and adult sports league tournaments have been hosted at the facility. The design and intent of the Patricia H. Birdsall Sports Park was to generate revenue to off-set the cost of the maintenance and operations of the park site and also create a sports destination facility for tournament participants throughout Southern California. In an effort to provide competitive rates in this economic environment, staff prepared an extensive analysis of fees charged for tournament play at over sixteen (16) other sports park facilities in Southern California. The fees varied greatly at each of the facilities. However, staff feels the proposed amended fee structure will make our tournament fees much more attractive in the Southern California region. Softball tournament play at the facility has been extremely successful and well received. The softball fields are booked weekly throughout the year and although soccer tournament play on the synthetic turf fields occurs throughout the year, staff desires to develop more use of the soccer fields for tournament play by modifying the adopted fees for tournament play, using a "per field /per day" methodology as opposed to our current methodology which is per team per day. In general, tournament directors will experience an overall decrease in their required tournament fees. This minor modification should increase soccer tournament reservations, attract more participation at our park site, and as a result generate additional overnight visitors increasing our TOT tax revenue. FISCAL IMPACT: Currently, the revenue from tournament play at PHBSP is budgeted at $70,000 annually. With the implementation of the proposed lower tournament fees the TCSD anticipates additional soccer tournaments during the 2009-2010 fiscal year, which will provide an estimated $20,000 in additional revenue. The revenue projections will be adjusted appropriately at mid-year. ATTACHMENTS: Resolution Amended Fee Schedule RESOLUTION NO. CSD 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TOURNAMENT FEE FOR RENTAL OF THE PATRICIA H. BIRDSALL SPORTS PARK 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 quality recreational and tournament designed athletic fields and facilities at the Patricia H. Birdsall Sports Park. B. On November 14, 2006, the City of Temecula approved a Fee Schedule to help defray costs associated with providing the required staffing, supplies, utilities, facility maintenance and similar program costs and the fees do not exceed the actual costs of providing these services and facilities. C. The City of Temecula now desires to modify the Fee Schedule for tournament play use of the fields to both make use of the fields more cost effective for the tournament organizers as well as generate additional rentals of the athletic fields. Section 2. The revised Tournament Fee Schedule is attached hereto as Exhibit "A", is hereby adopted. 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 23rd day of June, 2009. Chuck Washington, 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 CITY OF TEMECULA COMMUNITY SERVICES DEPARTMENT Fee Schedule Softball/ Baseball Fields Field Prep Included Hourly Rate No Lights Lights Soccer/Football Fields Corner Flags included for games Hourly Rate No Lights Lights Clinics/ Camps Corner flags by request Hourly Rate No Lights Lights No Lights Lights Athletic Field Use for Birdsall Sports Park Tournament Fee Adjustment Local youth Local City Event Non-Profit Non-Profit Residents I II III IV $0 $0 $0 $0 $0 $0 $0 $5.00 $0 $5.00 $8 $12 $8.00 $12.00 $8.00 $12.00 Youth $8 $12 Adult $16 $20 $12.00 $16.00 $12.00 $16.00 Youth $10 $14 Adult $22 $26 Tournaments Field Prep & Lights Included Softball / Baseball Fields: $250 per field* $1,000 per day (all four fields) Soccer Fields: $400 per field* $1,600 per day (all four fields) Non-Residents V $18.00 $22.00 $18.00 $22.00 $32 $36 *Local non-profit organizations that are hosting a tournament for fundraising or charity will receive a 15% discount per field. ITEM NO. 22 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: June 23, 2009 42, SUBJECT: Temecula Community Services District Fiscal Year 2009 - 2010 Annual Maintenance Agreements. PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors approve the minor annual maintenance and construction contracts for Fiscal Year 2009 - 2010 with: 1. Moore Fence Company, Inc. for an amount not to exceed 2. Imperial Paving Company, Inc. for an amount not to exceed 3. NPG, Inc. for an amount not to exceed 4. Strong's Painting, for an amount not to exceed 5. Turner Electric, for an amount not to exceed 6. Power Distributors, Inc. for an amount not to exceed 7. Craftsmen Plumbing & Heating, for an amount not to exceed 8. Tiger Equipment, Inc. for an amount not to exceed 9. Murrieta Development Company, Inc. for an amount not to exceed 10. Toran Development & Construction, for an amount not to exceed 11. T.D. Grogan Construction, for an amount not to exceed 12. Becker Engineering, for an amount not to exceed 13. Del Rio Enterprise, for an amount not to exceed $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 BACKGROUND: Each year the Temecula Community Services Department enters into numerous maintenance and construction agreements with various contractors that perform minor maintenance and construction jobs throughout the City. These jobs usually range in cost from over $1,000 to under $30,000 and involve miscellaneous repairs, electrical, fencing, paving, grading or excavation, plumbing, painting, general construction and emergency call-out. Nevertheless, each job requires an agreement between the City and the contractor. In an effort to streamline these contractual requirements, staff has taken measures to place under agreement thirteen (13) contractors that are very capable of performing routine jobs and emergency services. Essentially, these agreements will give staff administrative tools needed to efficiently execute minor maintenance and construction work by having executed agreements which satisfy insurance, prevailing wage requirements, terms and conditions as well as a general scope of work. This contracting technique is widely used by cities to employ a higher more responsive maintenance capability. Also, in the event of emergency that can impinge the safety of City facilities, and other City maintained areas, these agreements can facilitate an expedient reaction and resolution to adverse conditions without jeopardizing administrative requirements. It is important to understand that the not to exceed $75,000.00 amounts does not necessarily mean it will be spent but rather is a ceiling to operate on an as needed basis. Although some jobs may be better accomplished by one contractor because of equipment availability, timing issues and job location, every effort will be made by staff to distribute the work load evenly between these contractors. The contractor will be responsible for providing a work proposal for each job, which must be approved by staff before any work is started. Staff mailed letters to twenty (20) contractors in the local area that could meet the described minor routine maintenance and construction work required. The letters requested time and material pricing for both labor and equipment rates. It also included holiday and overnight rates. Seventeen (17) out of the twenty (20) contractors responded and provided competitive labor and equipment rates as seen in Exhibit "B" of each agreement. Staff has reviewed these rates and has determined they are consistent with current prevailing wages and current hourlyequipment rates previously paid by the City. The contractors listed below responded to the request for time and material rates and are recommended for a not to exceed $75,000.00 agreements for a one (1) year term. Company Amount not to Exceed Term 1. Moore Fence Co., Inc. $ 75,000.00 1 year 2. Imperial Paving Company, Inc. $ 75,000.00 1 year 3. NPG, Inc. $ 75,000.00 1 year 4. Strong's Painting $ 75,000.00 1 year 5. Turner Electric $ 75,000.00 1 year 6. Power Distributors, Inc. $ 75,000.00 1 year 7. Craftsmen Plumbing & Heating $ 75,000.00 1 year 8. Tiger Equipment, Inc. $ 75,000.00 1 year 9. Murrieta Development Co., Inc. $ 75,000.00 1 year 10. Toran Development & Construction $ 75,000.00 1 year 11. T.D. Grogan Construction $ 75,000.00 1 year 12. Becker Engineering $ 75,000.00 1 year 13. Del Rio Enterprise $ 75,000.00 1 year FISCAL IMPACT: Sufficient funds have been included in the Annual Operating Budget for Fiscal Year 2009 - 2010 in the appropriate expenditure accounts. ATTACHMENTS: 1) Contracts R:ISIRE REPORTS ET AL1Maintenance\Agenda Repart 2009- 20101Agenda Repaot Annual Contracts 2009-2010.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2009-2010 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 23, 2009 by and between the Temecula Community Services District, ("District') and MOORE FENCE CO., INC. ("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2009 and shall terminate as of June 30, 2010 unless sooner terminated as provided in this Agreement. The Temecula Community Services District may, upon mutual agreement extend the contract for three (3) years additional one (1) term(s). In no event shall the contract be extended beyond July 1, 2013. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Seventy Five Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its CAProgram Files\Neevia.ComTocument Converterlemp\927792.doc authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract exceptthose previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant 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.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall paythe 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 Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927792.doc 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to propertywhich mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved bythe General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The District, City and Redevelopment Agency its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used bythe Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage CAProgram Files\Neevia.ComTocument Converterlemp\927792.doc shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (6) If insurance coverage is cancelled 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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except asset forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, CAProgram Files\Neevia.ComTocument Converterlemp\927792.doc employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared bythe District for purposes of letting this Contract outto proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, CAProgram Files\Neevia.ComTocument Converterlemp\927792.doc certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To District: Temecula Community Services District P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Moore Fence Co., Inc. P.O. BOX 1297 Perris CA, 92570 Phone (888) 718-9777 Contact Person. Scott Moore 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Temecula Community Services District. I n 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 Temecula Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyother than the Temecula Community Services District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. CAProgram Files\Neevia.ComTocument Converterlemp\927792.doc 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. CAProgram Files\Neevia.ComTocument Converterlemp\927792.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR MOORE FENCE CO., INC. P.O. Box 1297 Perris CA, 92570 (888) 718-9777 FAX (951) 940-0429 By: Name: Title: Name: Title: (Two Signatures Required for Corporations) CAProgram Files\Neevia.ComTocument Converterlemp\927792.doc EXHIBIT A Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services and/or minor construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Temecula Community Services District ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927792.doc EXHIBIT B LABOR AND EQUIPMENT RATES 1-400 MOORE FENCE CO., INC. P.O. BOX 1297 PERRIS, CALIFORNIA 92570 1-888-718-9777 FAX (951) 940-0429 April 15, 2009 City of Temecula Community Services Department 43200 Business Park Drive Temecula, CA 92590 Labor $ 80.00 per hour per man at prevailing wage rate After hours or weekends $ 121.00 per hour per man Holiday hours $ 160.52 per hour per man Materials 15% end mark up on material over our vendor's wholesale price, plus tax. (NOTE: We buy in bulk on most items therefore our prices on material should be very good.) Equipment No charge for standard crew equipment. (Ex. Truck, hand tools, power digger, welder.) 10% end mark up on specialty equipment. (Ex. Bobcat, scaffold, trencher, core drill.) We can provide just about any type of fencing that you need excluding masonry block wall. We do all types of vinyl, ornamental iron, wood, chain link, windscreen and temporary fencing. Repair work is no problem. If you have any questions please call Scott Moore Branch Manager Cell: 951-712-2721 Office: 951-657-3005 C:\Program Files\Neevia.Com\Document Converter\temp\927792.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2009-2010 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 23, 2009 by and between the Temecula Community Services District, ("District") and IMPERIAL PAVING CO., INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2009 and shall terminate as of June 30, 2010 unless sooner terminated as provided in this Agreement. The Temecula Community Services District may, upon mutual agreement extend the contract for three (3) years additional one (1) term(s). In no event shall the contract be extended beyond July 1, 2013. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Seventy Five Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its CAProgram Files% eevia.Com\Docu men t Converter\temp\927793.doc authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract exceptthose previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant 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.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall paythe 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 Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927793.doc 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to propertywhich mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved bythe General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used bythe Contractor; or automobiles CAProgram Files\Neevia.ComTocument Converterlemp\927793.doc owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (6) If insurance coverage is cancelled 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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except asset forth in this CAProgram Files\Neevia.ComTocument Converterlemp\927793.doc Agreement. Contractor shall not at anytime 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 District. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared bythe District for purposes of letting this Contract outto proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that CAProgram Files\Neevia.ComTocument Converterlemp\927793.doc provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To District: Temecula Community Services District P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Imperial Paving Co., Inc. 10715 Bloomfield Avenue Santa Fe Springs CA, 90670 Phone (526) 944-0975 Contact Person. Chris Melodia 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Temecula Community Services District. I n 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 Temecula Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyother than the Temecula Community Services District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. CAProgram Files\Neevia.ComTocument Converterlemp\927793.doc 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. CAProgram Files\Neevia.ComTocument Converterlemp\927793.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Imperial Paving Co., Inc. 10715 Bloomfield Avenue Santa Fe Springs CA, 90670 Phone (526) 944-0975 Contact Person, Chris Melodia Name: Title: By: Name: Title: (Two Signatures Required for Corporations) CAProgram Files\Neevia.ComTocument Converterlemp\927793.doc EXHIBIT A Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance service and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services District ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927793.doc EXHIBIT B LABOR AND EQUIPMENT RATES City of Temecula Community Services Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Jerzy Kanigowski - Facility Services Manager Re: Time & Material Price Sheet LABOR BREAKDOWN All Labor $ 55.00 Per Hour Overtime - 11/2 Times ( After 8 Hours / Saturdays) $ 82.50 Per Hour Double Time - 2 Times ( Sunday / Holidays ) $ 110.00 Per Hour EQUIPMENT BREAKDOWN - (DOES NOT INCLUDE LABOR) Flatbed Truck with Compressor Mount $ 325.00 Per Day Bob Tail Truck 9 - 11 Yards $ 315.00 Per Day Concrete Flatbed Truck $ 300.00 Per Day Dump Truck & Pup Trailer $ 390.00 Per Day Air Compressor $ 150.00 Per Day Water Truck $ 275.00 Per Day Flatbed Truck with 3 - 5 Tons Roller Combo (Minimum) $ 505.00 Per Day Dump Truck with Skiploader & Trailer Combo $ 505.00 Per Day 10 - 12 Ton Roller including Trailer $ 250.00 Per Day 3 - 5 Ton Roller Including Trailer $ 245.00 Per Day Berm Machine Minimum Charge $ 150.00 Per Day Bobcat with Bucket $ 500.00 Per Day Bobcat with Grinder $ 550.00 Per Day Arrow Board with Truck $ 250.00 Per Day STANDARD SET - (COMMON REPAIR CREW) Four Man Crew Skiploader Dump Truck 3 - 5 Ton Roller Flatbed with Compressor & Tools $ 3,100.00 Per Day Less than 8 Hours - ( 4 Hour Minimum) $ 1,600.00 Per Day MATERIALS Asphalt $ 85.00 Per Ton Asphalt Plant Opening on Saturdays $ 1,500.00 + Base Rock Class II $ 18.00 Per Ton Tack Material $ 4.00 Per Gallon Concrete $ 650.00 Min. Load Concrete after 4 Yards $ 150.00 Per Yard NOTE: SUBJECT TO MATERIAL AVAILABILITY & OIL PRICE FLUCTUATIONS . NOTE: IMPERIAL PAVING COMPANY PROVIDES THE FOLLOWING SERVICES: EXCAVATION, GRADING, PAVING, CONCRETE, SEAL COATING AND STRIPING. (562) 944-0975 • (714) 523-4492 • (800) 634-3923 • Fax (562) 944-0984 10715 Bloomfield Avenue, Santa Fc Springs, CA 90670 C:\Program Files\Neevia.Com\Document Converter\temp\927793.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2009-2010 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 23, 2009 by and between the Temecula Community Services District, ("District") and NPG, Inc ('Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2009 and shall terminate as of June 30, 2010 unless sooner terminated as provided in this Agreement. The Temecula Community Services District may, upon mutual agreement extend the contract for three (3) years additional one (1) term(s). In no event shall the contract be extended beyond July 1, 2013. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Seventy Five Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its CAProgram Files\Neevia.ComTocument Converterlemp\927794.doc authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract exceptthose previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant 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.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall paythe 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 Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927794.doc 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to propertywhich mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved bythe General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used bythe Contractor; or automobiles CAProgram Files\Neevia.ComTocument Converterlemp\927794.doc owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (6) If insurance coverage is cancelled 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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except asset forth in this CAProgram Files\Neevia.ComTocument Converterlemp\927794.doc Agreement. Contractor shall not at anytime 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 District. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared bythe District for purposes of letting this Contract outto proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that CAProgram Files\Neevia.ComTocument Converterlemp\927794.doc provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To District: Temecula Community Services District P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: NPG, Inc. 1354 Jet Way Perris CA, 92571 Phone (951) 940-0200 Contact Person, Kari Nelson-Bryson 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Temecula Community Services District. I n 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 Temecula Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyother than the Temecula Community Services District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. CAProgram Files\Neevia.ComTocument Converterlemp\927794.doc 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. CAProgram Files\Neevia.ComTocument Converterlemp\927794.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR NPG. Inc. 1354 Jet Way Perris CA, 92571 Phone (951) 940-0200 Contact Person, Kari Nelson-Bryson By:, Name: Title: Name: Title: (Two Signatures Required for Corporations) CAProgram Files\Neevia.ComTocument Converterlemp\927794.doc EXHIBIT A Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance service and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services District ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927794.doc EXHIBIT B LABOR AND EQUIPMENT RATES NPGwc ASPHALT SERVICES Nelson Paving & Goldstar Asphalt Products `,PRODUCTS) Paving & Grading Equipment / Labor Rental Rates GENERALLABOR STANDARD OVERTIME DOUBLE TIME Foreman W/ Truck 92.00 138.00 184.00 Raker / Laborer 63.00 94.50 126.00 FCC / Form Setter 63.00 94.50 126.00 OPERATORS Travel Time 45.00 Paving Machine / Screed Man 68.00 102.00 136.00 Roller Man 68.00 102.00 136.00 Dump Truck 68.00 102.00 136.00 Hot Crack Fill Metter 68.00 102.00 136.00 Seal Buggy 68.00 102.00 136.00 " Add 1/2 Hour Overtime for Paving Machine Operator Fire Up PAVING EQUIPMENT HOUR RATE DAY RATE O5' Cedar Rapids 361 Paving Machine (Rubber Tire) 8'-16' 165.00 Cedar Rapids 552 Paving Machine (Rubber Tire) 11 165.00 NEW 05' Cedar Rapids 561 Paving Machine (Track Paver) 10'-21' 165.00 NEW 07' LeeBoy 5000LD Path Master (Track Paver) 5'-9' 160.00 NEW 06' Oil Spreader Truck (2,000 Gal.) "Price Upon Req uest- (011 Spreads R Tack Coats) Automatics 200.00 Crew Truck / Form Truck 325.00 Asphalt Berm Machine 350.00 200 Gallon Tack Rig 250.00 Asphalt Roller DD24 & DD28 (3-5 ton) 300.00 Asphalt Roller DD68 (5-8 ton) 400.00 Asphalt Roller Cat C622 (10-12 ton) 475.00 HEAVY EQUIPMENT HOUR RATE DAY RATE 05' John Deere Skip Loader 4WD Operated 95.00 05' John Deere 3 Yard Loader Operated 135.00 05' John Deere 770 Blade Operated 135.00 860A Scraper Operated 135.00 863 Bobcat w/Attachments Operated 375.00 2000 Gallon Water Truck Operated 85.00 10 Wheel Dump/End Dump Operated 105.00 Backhoe W/ 16' Extender 350.00 Broce Kick Broom 350.00 Compressor Bare w/90 1b Hammer 250.00 Traffic Control Arrow Board 150.00 CRACK FILL EQUIPMENT HOUR RATE DAY RATE OJK 250 Metter 375.00 EZ Pour 50 100.00 Pour Pot / Kettle 25.00 SEAL COAT EQUIPMENT HOUR RATE DAY RATE DA350 Seal Buggy 4013.00 ST550 Seal Tank Trailer 100.00 ST2500 Tanker w/12' Hyd Spreader Operated 250.00 1st hr " 1 Hr. Clean Up Charge 185.00 there after ST2500 Tanker Operated 150.00 EQUIPMENT MOVES FLAT RATE Paving Machine / Loader / Blade 600.00 In/Out Roller / Kick Broom / Backhoe 350.00 In/Out "Any Moves Outside A 40 Mile Radius From Our Location Will Be Billed A Hourly Rate of $120.00 Per Hr Portal-to-Portal + Permits "T&M Rentals Will Be Charged A $75.00 Fuel Surcharge Per Rental Day For Each Piece Of Equipment Ordered. 4 Heur Minimum Charge on all Equipmenl and Labor' All equipment subject to move charge' 2 Hr She. Up Time Time worked over 8 hod charged at OT rated. DT rates after 12 he of work Saturday work will be charged at OT rates for the first 12 hours. DT after Sunday work chargetl at DT Prevailing wagelcerrhed payroll' 20% markup on all labor I operator rates _ All labor and operated equipment rates to be charged portal-to-portal Equipment Rental Agreement form must be signed at end of each work day by acting superintendent y All Invoices to be paid upon completion or as artreed upon' All Rafe, Subject to Change .,thou[ Notice Post Office Box 1515 * Perris, CA 92571 Phone: (951) 940-0200 Fax: (951) 940-9192 C:\Program Files\Neevia.Com\Document Converter\temp\927794.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2009-2010 FOR ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 23, 2009 by and between the Temecula Community Services District, ("District") and STRONG'S PAINTING ("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the District of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The work under this Agreement is non-exclusive and The Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of the Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2009 and shall terminate as of June 30, 2010 unless sooner terminated as provided in this Agreement. The Temecula Community Services District may, upon mutual agreement extend the contract for three (3) years additional one (1) term(s). In no event shall the contract be extended beyond July 1, 2013. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Seventy Five Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. CAProgram Files\Neevia.ComTocument Converterlemp\927795.doc 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract exceptthose previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant 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.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall paythe 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 Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert CAProgram Files\Neevia.ComTocument Converterlemp\927795.doc witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to propertywhich mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance orotherform with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved bythe General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used bythe Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. CAProgram Files\Neevia.ComTocument Converterlemp\927795.doc (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (6) If insurance coverage is cancelled 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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except asset forth in this Agreement. Contractor shall not at anytime 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 District. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection CAProgram Files\Neevia.ComTocument Converterlemp\927795.doc with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared bythe District for purposes of letting this Contract outto proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, CAProgram Files\Neevia.ComTocument Converterlemp\927795.doc certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To District: Temecula Community Services District P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Strong's Painting 31265 Saddleback Lane Menifee, CA 92584 Phone (951) 679-4554 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Temecula Community Services District. I n 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 Temecula Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyother than the Temecula Community Services District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce 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. 27. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing CAProgram Files\Neevia.ComTocument Converterlemp\927795.doc this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. CAProgram Files\Neevia.ComTocument Converterlemp\927795.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR STRONG'S PAINTING 31265 Saddleback Lane Menifee, CA 92584 (951) 679-4554 Contact person Gary Strong Name: Title: By: Name: Title: (Two Signatures Required for Corporations) CAProgram Files\Neevia.ComTocument Converterlemp\927795.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of the Temecula Community Services District ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927795.doc EXHIBIT B LABOR AND EQUIPMENT RATES STRONG'S PAINTING 31265 Saddleback Lane Phone:(951) 679-4554 Menifee, Ca. 92584 Fax (951) 679-4554 March 10, 2009 City of Temecula P.O. Box 9033 Temecula, Ca. 92589-9033 Attn: Jerzy Kanigowski Re: Time and Material Sheet Strong's Painting has been in business for over 30 years and is family owned and operated. We specialize in interior/exterior painting, small drywall repair, texturing, stucco repair, power washing, wallpaper removal and hanging and light maintenance work. We currently carry a $1,000.000.00 per occurrence policy naming the City of Temecula as an additional insured and will send upon request. We are also members of the Better Business Bureau and hold a state contractors license. Hourly rate: $40.00 per hour Holiday and weekend rate: $55.00 per hour Mark up on parts, materials and equipment is not more than 12% Thank you, Gary Strong Strong's Painting C:\Program Files\Neevia.Com0ocument Converter\temp\927795.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2009-2010 FOR ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 23, 2009 by and between the Temecula Community Services District, ("District") and TURNER ELECTRIC ("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the District of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The work under this Agreement is non-exclusive and The Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of the Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2009 and shall terminate as of June 30, 2010 unless sooner terminated as provided in this Agreement. The Temecula Community Services District may, upon mutual agreement extend the contract for three (3) years additional one (1) term(s). In no event shall the contract be extended beyond July 1, 2013. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Seventy Five Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. CAProgram Files\Neevia.ComTocument Converterlemp\927796.doc 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract exceptthose previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant 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.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall paythe 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 Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert CAProgram Files\Neevia.ComTocument Converterlemp\927796.doc witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to propertywhich mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance orotherform with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/ location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved bythe General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used bythe Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection CAProgram Files\Neevia.ComTocument Converterlemp\927796.doc afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (6) If insurance coverage is cancelled 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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except asset forth in this Agreement. Contractor shall not at anytime 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 District. Contractor CAProgram Files\Neevia.ComTocument Converterlemp\927796.doc shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared bythe District for purposes of letting this Contract outto proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, CAProgram Files\Neevia.ComTocument Converterlemp\927796.doc certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To District: Temecula Community Services District P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Turner Electric 2240 % Buena Creek Road Vista, CA 92084 Phone (760)594-4035 Contact Person: Mike Turner 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Temecula Community Services District. 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 Temecula Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyother than the Temecula Community Services District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are CAProgram Files\Neevia.ComTocument Converterlemp\927796.doc 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. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. CAProgram Files\Neevia.ComTocument Converterlemp\927796.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Turner Electric 2240 % Buena Creek Road Vista, CA 92084 Phone (760)594-4035 Contact Person: Mike Turner By:_ Name: Title: By: Name: Title: (Two Signatures Required for Corporations) CAProgram Files\Neevia.ComTocument Converterlemp\927796.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of the Temecula Community Services District ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927796.doc EXHIBIT B LABOR AND EQUIPMENT RATES annnc~ IIIIIIIIIIEW Turner Electric 2240'/. Buena Creek Road, Vista, California 92084 Phone (760) 594-4035 Fax (760) 599-0428 Email: tumerelectric@gmail.com C-10 Business License # 698705 To: City of Temecula 43200 Business Park Dr. Temecula, Ca. 92590 April 15, 2009 We are an Electrical Contractor with a C-10 Business License. The work that we can perform is as follows: . New construction . Remodeling of existing buildings • Service work ■ Electrical maintenance • Equipment hook-up Emergency repairs Our labor rates are: Regular hours 8 a.m. to 5 p.m. at $ 65.00 per hour . Weekend/ Overtime hours at $ 71,00 per hour ■ Night/ Holidays hours at $ 83.00 per hour The projects that can be quoted for enact amounts shall be done so; other projects will be on a time and material bases, plus a 10% mark-up and a 2% liability insurance fee. Equipment rentals shall be per the going rate upon availability of equipment needed, plus a fee for delivery and pick-up. If you have any questions don't hesitate to call. Sincerely, Mike Turner, Turner Electric ZO 3917d DIbi=3 a3Nani BZV066909L 9tl:Z9 699Z/5T/00 C:\Program Files\Neevia.Com0ocument Converter\temp\927796.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2009-2010 FOR ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 23, 2009 by and between the Temecula Community Services District, ("District") and POWER DISTRIBUTORS INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the District of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The work under this Agreement is non-exclusive and The Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of the Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2009 and shall terminate as of June 30, 2010 unless sooner terminated as provided in this Agreement. The Temecula Community Services District may, upon mutual agreement extend the contract for three (3) years additional one (1) term(s). In no event shall the contract be extended beyond July 1, 2013. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Seventy Five Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. CAProgram Files\Neevia.ComTocument Converterlemp\927797.doc 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract exceptthose previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant 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.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall paythe 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 Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert CAProgram Files\Neevia.ComTocument Converterlemp\927797.doc witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to propertywhich mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance orotherform with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/ location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved bythe General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used bythe Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection CAProgram Files\Neevia.ComTocument Converterlemp\927797.doc afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (6) If insurance coverage is cancelled 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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except asset forth in this Agreement. Contractor shall not at anytime 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 District. Contractor CAProgram Files\Neevia.ComTocument Converterlemp\927797.doc shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared bythe District for purposes of letting this Contract outto proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, CAProgram Files\Neevia.ComTocument Converterlemp\927797.doc certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To District: Temecula Community Services District P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Power Distributors Inc... 15245 E Proctor Ave City of Industry, CA 91745 Phone (626) 855-2580 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Temecula Community Services District. 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 Temecula Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyother than the Temecula Community Services District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this CAProgram Files\Neevia.ComTocument Converter\temp\927797.doc 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. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. CAProgram Files\Neevia.ComTocument Converterlemp\927797.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR POWER DISTRIBUTORS INC. 15245 E Proctor Ave City of Industry CA 91745 Phone (626) 855-2580 Contact Person Barry A. LeFave By: Name: Title: Name: Title: (Two Signatures Required for Corporations) CAProgram Files\Neevia.ComTocument Converterlemp\927797.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of the Temecula Community Services District ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927797.doc EXHIBIT B LABOR AND EQUIPMENT RATES 9wer ST. LIC. NO. 276955 lT b t 15245 EAST PROCTOR AVE. • CITY OF INDUSTRY, y I U `O r~7 ri 855-2580 I N C O R P O R A T E D FAX (626) 855-2589 February 20, 2009 LABOR RATES Interior Lighting/Service Tech. $45.00/Hour Ladder Truck up to 50' $60.00/1-lour Crane up to 65' $80.00/1-lour Crane up to 90' $90.00/1-lour Electrician $60.00/Hour Fuel Charge $10.00/Trip • * Any lighting above the 90-foot level including reach, price will be negotiated at that time. • All holiday, weekend, and overtime is hourly times 1.5. • All travel is charged as hourly, including overtime. M1500 Z $110.82/lamp Any additional material will be charge at cost plus 20%. RAntroLettersSent\City of Temecula Labor rates 2009.doc ELECTRICAL CONTRAC"FOR • LIGHTING AND SIGN MAINTENANCE CAProgram Files\Neevia.Com0ocument ConverterVemp\927797.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2009-2010 FOR ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 23, 2009 by and between the Temecula Community Services District, ("District') and CRAFTSMEN PLUMBING HEATING AND COOLING ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance and maintenance work. The work under this Agreement is non-exclusive and Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though setforth in full. The Director of Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2009 and shall terminate as of June 30, 2010 unless sooner terminated as provided in this Agreement. The Temecula Community Services District may, upon mutual agreement extend the contract for three (3) years additional one (1) year term(s). In no event shall the contract be extended beyond July 1, 2013. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Seventy Five Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. CAProgram FilesWeevia.Com0ocument Converterltemp1927798.doc 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract exceptthose previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant 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.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall paythe 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 Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert CAProgram FilesWeevia.Com0ocument Converterltemp1927798.doc witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to propertywhich mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance orotherform with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved bythe General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The District, City, and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used bythe Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, City, and Redevelopment Agency, its officers, officials, employees or volunteers. CAProgram FilesWeevia.Com0ocument Converterltemp1927798.doc (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City, and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained bythe District, City, and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City, and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (6) If insurance coverage is cancelled 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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except asset forth in this Agreement. Contractor shall not at anytime 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 District. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection CAProgram FilesWeevia.Com0ocument Converterltemp1927798.doc with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared bythe District for purposes of letting this Contract outto proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: CAProgram FilesWeevia.Com0ocument Converterltemp1927798.doc To District: Temecula Community Services District P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Craftsmen Plumbing Heating and Cooling 27636 Ynez Road, Suite L-7 #338 Temecula CA. 92591 Phone (951) 676-6838 Contact Person: Dan McKee 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Temecula Community Services District. I n 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 Temecula Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyother than the Temecula Community Services District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. CAProgram FilesWeevia.Com0ocument Converterltemp1927798.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR CRAFTSMEN PLUMBING HEATING AND COOLING 27636 Ynez Road, Suite L-7 #338 Temecula CA, 92591 Phone (951) 676-6838 Contact Person: Dan McKee By: Name: Title: By: Name: Title: (Two Signatures Required for Corporations) CAProgram FilesWeevia.Com0ocument Converterltemp1927798.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Temecula Community Services District ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. CAProgram FilesWeevia.Com0ocument Converterltemp1927798.doc EXHIBIT B LABOR AND EQUIPMENT RATES CRAFTSMEN PLUMBING BEATING & COOLING INC 27636 Ynez Road, Ste L-7 #338 Temecula, CA 92591 (951) 676-6838 License # 446736 RATES Date: 3/27/2009 To: City of'I'emecula Attn: Bruce Fax: (951) 302-4169 Description Mandard'I'inle/One Maori Witim Trnck and Tools Ilonrly Rates 1. Foreman - Prevailing Wage $75.00 2 Heavy Equipment. Operator - Prevailing Wage $60.00 3 Laborer - Prevailing Wage $45.00 Description I.oninment Mare Rental Itates) I I3ackboe 2 10 Wheel Durnp Truck llonrly hates 0iiterated M04-* $35.00 $95.00 56415.00 $95.00 Marknos I. All Materials Purchased Will Include a 10% Markup Over Purchase. 2 Any I"quipment Rented by Craftsmen for the Sole :Purpose of ,Being Used On a City of I'ernecula Job Will Include a 10% Markup Over Dental Rate. 3 All Calls Require a I Hour M inimurn. Our Regular Business Hours are 8:00am to 5:00pm Monday through Friday. Our General Liability and auto insurance certificates are currently on file With Your Company. CAProgram Files\Neevia.ComTocument Converter\temp\927798.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2009-2010 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 23, 2009 by and between the Temecula Community Services District, ("District") and TIGER EQUIPMENT COMPANY, INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and the Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2009 and shall terminate as of June 30, 210 unless sooner terminated as provided in this Agreement. The Temecula Community Services District may, upon mutual agreement extend the contract for three (3) years additional one (1) term(s). In no event shall the contract be extended beyond July 1, 2013. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Seventy Five Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its CAProgram Files\N eevia.Com\Docu men t ConverterVemp\927799.doc authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract exceptthose previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant 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.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall paythe 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 Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR, a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold CAProgram Files\Neevia.ComTocument Converterlemp\927799.doc harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to propertywhich mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved bythe General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection CAProgram Files\Neevia.ComTocument Converterlemp\927799.doc afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (6) If insurance coverage is cancelled 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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except asset forth in this Agreement. Contractor shall not at anytime 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 District. Contractor CAProgram Files\Neevia.ComTocument Converterlemp\927799.doc shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared bythe District for purposes of letting this Contract outto proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, CAProgram Files\Neevia.ComTocument Converterlemp\927799.doc certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To District: Temecula Community Services District P 0 Box 9033 Temecula. CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Tiger Equipment Company Inc. 35701 Avenida La Cresta Murrieta, CA 92562 Phone (909) 215-0598 Contact Person: Mark Lacy 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Temecula Community Services District. I n 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 Temecula Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyother than the Temecula Community Services District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce 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. CAProgram Files\Neevia.ComTocument Converterlemp\927799.doc 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. CAProgram Files\Neevia.ComTocument Converterlemp\927799.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Tiger Equipment Company Inc. 35701 Avenida La Cresta Murrieta, CA 92562 Phone (909) 215-0598 Contact Person: Mark Lacy By: Name: Title: By: Name: Title: (Two Signatures Required for Corporations) CAProgram Files\Neevia.ComTocument Converterlemp\927799.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of the Temecula Community Services District ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927799.doc EXHIBIT B LABOR AND EQUIPMENT RATES U = l0 c a) N d tp a V N co J m O O W D V to _ R m N W d a at co g W h L ~ d ~ ' o o o 0 Q Z Q 2 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0~ 0 0 0 0'. ~ ~ o o o o o o 00 00010, I _ ~ w ~ w 0 0 0 t 0 oW 0 0 W 0 0 of°I l N N w w I lo t 0~ ro i i I i tZ 'N 3 l ! I I j a I I •j .Q N I y . Io 0 0 0 o 0 0 0 0 0 0 0 0 tlJ 0 to 00 tO~N 0-,0100-- ' In ;tq ~ N ^ C1 ID ID V' N b o0 O O W O O 'O f0 N C7 O N!O t h o lD w w w w w w ~M w N w I'- w w - NIMt`~- wfw wlw i i i - I ~ ! ' ' ~ N IC I ~ C O I i I ~ A N' N ' 1 N N N N N N t ' O N N O w O tp O IQ O ~D N W t` M tl fp W O W O M n O h. j i ~ ,o ~ ~ w w w w in w~ w ww w~wwNwj l 12 i j cL o ! I 0 o 0 o 0 ua 0 w 0 w o w o o ( fo o ono o o o~o oho l--" oIO 010 ' _ ~ O QNi w ~ w I tp w ~ ' ~ ~ O N O V o0 ! N N N 1n 0 ~tj to 01 I V' I M I w L- N o ~ 2 o N ~i ~ w w w w i w wl w wNw3 ~ A c a°° a d - I N ro ~ i I ~ I 'i I .III ~ Y ~ I ~ Rl ` p ~ r I ~'I m I Z 0 0 q, Ir o iz C ~ o w i x ! ! j ! to CL O fD 21 F- Y ( I i.co 0. O W Z ~j y W EI Z W z a' O F- Q Q W 0_ O Oil a~ I Z cmtL( W V p ¢ U Q U Y Y U U Ui ro W D O WI d w Z Z O J J W 1- W I W m co p N NI Nj 10 W I • Q F- (Q~ W d' O M N t 1D tD M VV Q O o o u O p p ❑m' CW7E ~ ~ ' d K u ? i; z z F- F- F- F- a3 J 0 a IF-1- W Z n 0 0 LL 0. O W 0 w F- < Q U Q U Q UU _ Y`C `9 °4 fn ypp!pl N M h O ~ N M V1 t0 - N OC O~ O. a' I N CAProgram Files\Neevia.Com\Document Converter\temp\927799.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2009-2010 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 23, 2009 by and between the Temecula Community Services District, ("District") and Murrieta Development Co., Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and the Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of the Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2009 and shall terminate as of June 30, 2010 unless sooner terminated as provided in this Agreement. The Temecula Community Services District may, upon mutual agreement extend the contract for three (3) years additional one (1) term(s). In no event shall the contract be extended beyond July 1, 2013. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Seventy Five Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its CAProgram Files\N eevia.Com\Docu men t ConverterVemp\927800.doc authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract exceptthose previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant 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.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall paythe 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 Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927800.doc 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to propertywhich mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved bythe General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used bythe Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage CAProgram Files\Neevia.ComTocument Converterlemp\927800.doc shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (6) If insurance coverage is cancelled 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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except asset forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, CAProgram Files\Neevia.ComTocument Converterlemp\927800.doc employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared bythe District for purposes of letting this Contract outto proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, CAProgram Files\Neevia.ComTocument Converterlemp\927800.doc certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To District: Temecula Community Services District P 0 Box 9033 Temecula. CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Murrieta Development Co., Inc. 42540 Rio Nedo Murrieta, CA 92590 Phone (951) 719-1680 Contact Person: Scott Welcher 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Temecula Community Services District. I n 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 Temecula Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyother than the Temecula Community Services District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce 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. CAProgram Files\Neevia.ComTocument Converterlemp\927800.doc 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. CAProgram Files\Neevia.ComTocument Converterlemp\927800.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Murrieta Development Co., Inc. 42540 Rio Nedo Murrieta, CA 92590 Phone (951) 719-1680 Contact Person: Scott Welcher By: Name: Title: By:_ Name: Title: (Two Signatures Required for Corporations) CAProgram Files\Neevia.ComTocument Converterlemp\927800.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of the Temecula Community Services District ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927800.doc EXHIBIT B LABOR AND EQUIPMENT RATES MURRIEA'A, D1,WELOPMENT CO, INC. 42540 RIO N1 DO I I:M14MI.A, (:N 925)0 (951) 719-1('m) Rates Description Manpower - Standard Time 1 Foreman - Prevailing Wage 2 Heavy Equipment Operator - Prevailing Wage 3 Teamster - Prevailing Wage 4 Laborer - Prevailing Wage Description Equipment (Bare Rental Rates) 1 320 Excavator 2 330 Excavator 3 3,15 Excavator 4 Backhoe 5 30 Loader 6 D5 Bulldozer 7 Skip Loader 8 Skid Steer/ Bobcat 9 10 Wheel Dump Truck 10 Crew Truck W/ Tools Markups 1 All Materials Purchased Will Include a 15% Markup Over Purchase. 2 Any Equipment Rented by Murrieta Development Used on a City of Temecula Job Will Include a 15% Markup Over Rental Rate. 3 All Callouts Will Require a 4 Hour Minimum if Working on a Time and Material Basis. Date: 3/31/2009 To: City of Temecula Attn: Jerzy Kanigowski Phone: 951-694-6480 Overtime Overtime Sunday & Holiday $65.50 $87.50 $110.00 $63.00 $85.00 $105.00 $52.00 $68.00 $83.00 $47.25 $62.50 $78.00 Hourly Rates Operated Rate $52.00 $145.00 $132.00 $195.00 $147.00 $210.00 $37.00 $100.00 $77.00 $140.00 $52.00 $115.00 $32.00 $95.00 $52.00 $115.00 $48.00 $100.00 $20.00 Murrieta Development is a full service civil contractor. We can provide service on nearly any repair or emergency issues to include: broken lines, sinkholes, asphalt repair, and all civil construction repairs or installations. LI(I SI 158502 • I TDIN ALID;f33 W13238 ^ FAX (9 1)719-1684 C:\Program Files\Neevia.Com\Document Converter\temp\927800.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2009-2010 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 23, 2009 by and between the Temecula Community Services District, ("District") and Toran Development & Construction ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and the Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of the Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2009 and shall terminate as of June 30, 2010 unless sooner terminated as provided in this Agreement. The Temecula Community Services District may, upon mutual agreement extend the contract for three (3) years additional one (1) term(s). In no event shall the contract be extended beyond July 1, 2013. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Seventy Five Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its CAProgram Files\N eevia.Com\Docu men t ConverterVemp\927801.doc authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract exceptthose previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant 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.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall paythe 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 Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927801.doc 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to propertywhich mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved bythe General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used bythe Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage CAProgram Files\Neevia.ComTocument Converterlemp\927801.doc shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (6) If insurance coverage is cancelled 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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except asset forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, CAProgram Files\Neevia.ComTocument Converterlemp\927801.doc employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared bythe District for purposes of letting this Contract outto proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, CAProgram Files\Neevia.ComTocument Converterlemp\927801.doc certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To District: Temecula Community Services District P 0 Box 9033 Temecula. CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Toran Development & Construction 37110 Mesa Road Temecula, CA 92592 Phone (951) 302-5965 Contact Person: Gary D. Clapp 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Temecula Community Services District. I n 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 Temecula Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyother than the Temecula Community Services District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce 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. CAProgram Files\Neevia.ComTocument Converterlemp\927801.doc 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. CAProgram Files\Neevia.ComTocument Converterlemp\927801.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Toran Development & Construction 37110 Mesa Road Temecula, CA 92592 Phone (951) 302-5965 Contact Person: Gary D. Clapp By:, Name: Title: Name: Title: (Two Signatures Required for Corporations) CAProgram Files\Neevia.ComTocument Converterlemp\927801.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of the Temecula Community Services District ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927801.doc EXHIBIT B LABOR AND EQUIPMENT RATES 37110 Mesa Rd. Temecula, Ca. 92592 Telephone (909) 302-5965 Fax(909)303-6583 Toran Development & Construction UPDATED TIME AND MATERIAL SHEET February 25, 2009 City of Temecula 43200 Business Park Dr. Temecula, Ca. 92590 Atten:Jerzy Kanigowski To Whom It May Concern: As per your request concerning an updated time and material sheet from our company- I. General labor. a. Forman w/truck- $74.50 b. Labor- $54.50 c. All material is cost +15% We are general contracting company and have on staff many talented employees. Our services range from: 1. Painting 2. Carpentry 3. Concrete 4. Plumbing 5. Welding Thank you for the opportunity to be of service to you. Sincerely, 1 Gary D. Clapp . . . . . . . . . . . . . . . . . . . . . . . . . . . . Thank Nom for the opporamfty to be ofsen*e to Y-! C:\Program Files\Neevia.Com\Document Converter\temp\927801.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2009-2010 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 23, 2009 by and between the Temecula Community Services District, ("District") and T.D. GROGAN CONSTRUCTION, ("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and the Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of the Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2009 and shall terminate as of June 30, 2010 unless sooner terminated as provided in this Agreement. The Temecula Community Services District may, upon mutual agreement extend the contract for three (3) years additional one (1) term(s). In no event shall the contract be extended beyond July 1, 2013. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Seventy Five Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the Board pf Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its CAProgram Files% eevia.Com\Docu men t Converter\temp\927802.doc authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract exceptthose previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant 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.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall paythe 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 Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927802.doc 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to propertywhich mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved bythe General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used bythe Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage CAProgram Files\Neevia.ComTocument Converterlemp\927802.doc shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (6) If insurance coverage is cancelled 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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except asset forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, CAProgram Files\Neevia.ComTocument Converterlemp\927802.doc employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared bythe District for purposes of letting this Contract outto proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, CAProgram Files\Neevia.ComTocument Converterlemp\927802.doc certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To District: Temecula Community Services District P 0 Box 9033 Temecula. CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: T.D Grogan Construction 9375 Archibald Ave. #704 Rancho Cucamonga, CA 91730 Phone (909) 476-9100 Contact Person, Jack Striegel 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Temecula Community Services District. I n 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 Temecula Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyother than the Temecula Community Services District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce 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. CAProgram Files\Neevia.ComTocument Converterlemp\927802.doc 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. CAProgram Files\Neevia.ComTocument Converterlemp\927802.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR T.D Grogan Construction 9375 Archibald Ave. #704 Rancho Cucamonga, CA 91730 Phone (909) 476-9100 Contact Person, Jack Striegel By:_ Name: Title: By: Name: Title: (Two Signatures Required for Corporations) CAProgram Files\Neevia.ComTocument Converterlemp\927802.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of the Temecula Community Services District ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927802.doc EXHIBIT B LABOR AND EQUIPMENT RATES T.D. GROGAN CONSTRUCTION 9375 Archibald Ave. #704 Rancho Cucamonga, CA 91730 California License Number 809823 Phone 909-476-9100 Fax 909-476-9103 Jerzy Kanigowski, Facility Services Manager City of Temecula Date: May 26.2009 T.D. Grogan Construction is an expert playground, shade structure, picnic pavilion, pour in place rubber surfacing, and site furnishing installation company. We have been in business for nine years and we bring fifteen years of installation experience to the table. Along with the installation and repair of playground equipment and rubber surfacing, we also install concrete curbing, small amounts of concrete flatwork, and all types of containment for loose fill fall protection material, without having to sub-contract. We are a total turnkey operation able to take care of all your playground needs from start to finish. Including: excavation, disposal of spoils, containment, installation of fall protection material, and clean up. Our rates are as follows: Regular man hour- $62.00 Overtime man hour- $75.00 Markup on parts and material- 10% Any question can be directed to; Jack Striegel V.P. 949-702-3304 C:\Program Files\Neevia.Com0ocument Converter\temp\927802.doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2009-2010 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 23, 2009 by and between the Temecula Community Services District, ("District") and Becker Engineering ("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and the Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of the Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2009 and shall terminate as of June 30, 2010 unless sooner terminated as provided in this Agreement. The Temecula Community Services District may, upon mutual agreement extend the contract for three (3) years additional one (1) year term(s). In no event shall the contract be extended beyond July 1, 2013. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Seventy Five Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its CAProgram Files\Neevia.ComTocument Converterlemp\927803.doc authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract exceptthose previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant 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.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall paythe 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 Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927803.doc 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to propertywhich mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved bythe General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used bythe Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage CAProgram Files\Neevia.ComTocument Converterlemp\927803.doc shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (6) If insurance coverage is cancelled 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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except asset forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, CAProgram Files\Neevia.ComTocument Converterlemp\927803.doc employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared bythe District for purposes of letting this Contract outto proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, CAProgram Files\Neevia.ComTocument Converterlemp\927803.doc certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To District: Temecula Community Services District P O Box 9033 Temecula. CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Becker Engineering PO BOX 890365 Temecula, CA 92589-0365 Phone (951) 325-5587 Contact Person: Walt Becker 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Temecula Community Services District. I n 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 Temecula Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyother than the Temecula Community Services District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce 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. CAProgram Files\Neevia.ComTocument Converterlemp\927803.doc 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. CAProgram Files\Neevia.ComTocument Converterlemp\927803.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Becker Engineering PO BOX 890365 Temecula, CA 92589-0365 Phone (951) 325-5587 Contact Person: Walt Becker Name: Title: By: Name: Title: (Two Signatures Required for Corporations) CAProgram Files\Neevia.ComTocument Converterlemp\927803.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of the Temecula Community Services District ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927803.doc EXHIBIT B LABOR AND EQUIPMENT RATES JULY 2009 TO JULY 2010 LABOR RATES SUPERINTENDENT WITH I TON TRUCK S O4.85 $ 76..2 25 $ 11FOREMAN WITH I TON TRUCK $ 71.50 $ 104.00 GENERAL LABORER $ 59.25 $ 84.75 NOTE: THESE LABOR RATES REFLECT LATEST RISES IN P.W. SCALE. BARE EQUIPMENT 140 EXCAVATOR $ 97.15 PER HOUR 545 EXCAVATOR $ 82.84 PER HOUR 331 BOBCAT EXCAVATOR $ 72.30 PER HOUR KX91 KUBOTA EXCAVATOR $ 72.30 PER HOUR 450 DOZER $ 72.30 PER HOUR SKIPLOADER $ 54.30 PER HOUR 310 BACKHOE $ 72.30 PER HOUR 2040 MUSTANG $ 57.60 PER HOUR 2040 MUSTANG W/ BREAKER $ 90.00 PER HOUR 2086 MUSTANG $ 72.30 PER HOUR 2086 MUSTANG W/ BREAKER $101.05 PER HOUR BOBTAIL DUMP $ 72.30 PER HOUR i TO 3 TON ROLLER $ 37.80 PER HOUR 3 TO 5 TON ROLLER $ 54.30 PER HOUR VIBRATORY PLATE $ 30.80 PER HOUR WACKER TAMP $ 30.80 PER HOUR WATER TRUCK $ 77 35 PER HOUR D-4 DOZER D-5 DOZER . $173.00 PER HOUR D-6 DOZER $185.85 PER HOUR D-8 DOZER $227.00 PER HOUR 12 G BLADE $261.50 PER HOUR 14 G BLADE $272.50 PER HOUR SWEEPER ATTACHMENT $311.50 PER HOUR AREA MOVE INS $ 37.80 PER HOUR $120.00 ALL MATERIALS AND RATES AT A.P.W. STANDARDS BOOK RATES Under the Mechanic's Lien Law (California Code of Civil Procedure, Section 1181 et seq.) any contractor, sub-contractor, laborer, supplier, or other person who helps to improve your property but is not paid for his work or supplies, has the right to enforce a claim against your property. 'Phis means that, after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. 'Phis can happen even if you have paid your own contractor in full, if the sub-contractor, laborer or supplier remains unpaid. C:\Program Files\Neevia.Com0ocument ConverteNemp\927801doc TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2009-2010 CONSTRUCTION CONTRACT (Minor Project) THIS CONSTRUCTION CONTRACT made and entered into as of June 23, 2009 by and between the Temecula Community Services District, ("District") and Del Rio Enterprise ("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and the Temecula Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of the Temecula Community Services District ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2009 and shall terminate as of June 30, 2010 unless sooner terminated as provided in this Agreement. The Temecula Community Services District may, upon mutual agreement extend the contract for three (3) years additional one (1) year term(s). In no event shall the contract be extended beyond July 1, 2013. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Seventy Five Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the Board of Directors by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the District disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its CAProgram Files\Neevia.ComTocument Converterlemp\927804.doc authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract exceptthose previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. 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 Consultant 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.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall paythe 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 Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 pursuantto this Section, the District shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor. it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927804.doc 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the City, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to propertywhich mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractorshall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved bythe General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The District, City and Redevelopment Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used bythe Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage CAProgram Files\Neevia.ComTocument Converterlemp\927804.doc shall contain no special limitations on the scope of protection afforded to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, City and Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained bythe District, City and Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City and Redevelopment Agency, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (6) If insurance coverage is cancelled 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 District 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 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except asset forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, CAProgram Files\Neevia.ComTocument Converterlemp\927804.doc employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind the District in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the District. The District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared bythe District for purposes of letting this Contract outto proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the District. 18. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the District and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, CAProgram Files\Neevia.ComTocument Converterlemp\927804.doc certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To District: Temecula Community Services District P 0 Box 9033 Temecula. CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Del Rio Enterprise 42181 Avenida Alvarado Temecula, CA 92590 Phone (951) 676-4550 Contact Person: Mike Mullins 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Temecula Community Services District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Temecula Community Services District. I n 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. 26. PROHIBITED INTEREST. No member, officer, or employee of the Temecula Community Services District 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 Temecula Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting partyother than the Temecula Community Services District, and that if anysuch 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. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no furtherforce 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. CAProgram Files\Neevia.ComTocument Converterlemp\927804.doc 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. CAProgram Files\Neevia.ComTocument Converterlemp\927804.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Del Rio Enterprise 42181 Avenida Alvarado Temecula, CA 92590 Phone (951) 676-4550 Contact Person: Mike Mullins By: Name: Title: By:_ Name: Title: (Two Signatures Required for Corporations) CAProgram Files\Neevia.ComTocument Converterlemp\927804.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services and/or construction upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of the Temecula Community Services District ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Directorwhether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates setforth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. CAProgram Files\Neevia.ComTocument Converterlemp\927804.doc EXHIBIT B LABOR AND EQUIPMENT RATES ~fG On 42181 Avenida Alvarado, Temecula CA 92590-3429 • (951) 676-4550 • FAX (951) 676-2136 TIME & EQUIPMENT RATES As of April 01, 2009 Title Hourly Overtime Double time Night Time Operator 55.00 82.50 110.00 135 00 Labor Foreman 55.00 82.50 110.00 . 135,00 J.D. Skip loader 4X4 W/ Gannon 61.00 91.50 122.00 147.00 J.D. Skip loader w/ spreader bar 110.00 165.00 220.00 245.00 Cat 426 Backhoe 115.00 172.50 230.00 255.00 18" compactor wheel 110.00 165.00 220.00 245.00 140G Blade 25.00 37.50 50.00 75.00 Laser 135.00 202.50 270.00 295.00 per day Field Laser 140,00 210.00 280.00 305.00 per day Cat 246 Skid Steer w/ bucket 55.00 82.50 110.00 135.00 Cat 246 Skid Steer w/ breaker 103.00 154.50 206.00 231.00 Cat 246 Skid Steer w/ sweeper 108.00 1 162.00 216,00 241.00 966 Loader w/ smooth bucket 08.00 162.00 216.00 241.00 980 Loader w/ teeth 115.00 172,50 230.00 255.00 Rock Bucket 135.00 202.50 270.00 295.00 Smooth edge attachment for 980 15.00 22.50 30.00 55.00 Cat 613 Scraper 15.00 22.50 30.00 55.00 125.00 187.50 250.00 275.00 Low Bed 103.00 154.50 206.00 231 00 10 Wheel dump truck t0 CY 85.00 127.50 170.00 . 195 00 Bobtail dmnp truck 6 CY 75,00 112.50 150.00 . 175 00 2,500 gal, Water Track 75.00 112.50 150.00 . 175 00 4,000 gal. Water Truck 85.00 127.50 170.00 . 195 00 Wacker daily 65.00 97.50 130.00 . 155 00 Vibraplate daily 65.00 97,50 130 00 . 155 00 Demo saw daily 80.00 120.00 . 160.00 . 185 00 Saw & Track 135,00 202.50 270,00 . 295 00 3/5 Ton Roller 105.00 157.50 210.00 . 235 00 8/10 Ton Roller 115.00 172.50 230.00 . 255 00 Ford LN 7,000 20' flatbed 75.00 112.50 150.00 . 175 00 Tool Truck 85.00 127.50 170,00 . 195 00 Form Truck 155.00 232.50 310.00 . 335 00 Water Meter 50.00 75.00 100.00 . 125 00 Water Cost 2,500 gal. 13.00 19.50 26.00 . 51 00 Water Cost 4,000 gal. 20.00 30.00 40.00 , 65 00 Dump Trailer 35.00 52.50 70.00 . 95 00 2050 Mustang Skid Steer 105.00 157.50 210.00 . 235 00 U35 Zero Tail Kubota Excavator 115.00 172.50 230.00 . 255.00 All time & materials are to be billed at invoice price plus 20% overhead and profit. C:\Program Files\Neevia.Com\Document Converter\temp\927804.doc ITEM NO. 23 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: June 23, 2009 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Redhawk Park Improvements, Project No. PW06-06 PREPARED BY: Greg Butler, Director of Public Works Avlin Odviar, Senior Engineer - CIP Kendra Hannah-Meistrell, Assistant Engineer- CIP RECOMMENDATION: That the Board of Directors approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Redhawk Park Improvements, Project No. PW06-06. BACKGROUND: The plans and specifications for the Redhawk Park Improvements project include a base bid and five (5) additive bid items. These amenities will improve the quality of the existing parks in the Redhawk area. The base bid includes a 144 square foot pre-fabricated restroom, sewer line, sewage pump station (restroom is lower than the sewer line), electrical service, water line modifications, accessible parking modifications, permanent dog park, and landscaping at the Redhawk Community Park. The additive bid items are included in the event the City receives favorable bids and more could be done with the existing budget. These additive bid items are: • Additive Bid Item No. 1 covers the installation of a larger pre-fabricated restroom (562 square feet) in lieu of the 144 square foot pre-fabricated restroom included in the base bid. • Additive Bid Item No. 2 adds the construction of a half court basketball court. • Additive Bid Item No. 3 will rehabilitate the parking lot by placing a 2" asphalt concrete overlay. • Additive Bid Item No. 4 includes the installation of perforated metal umbrellas within the permanent dog park. 0 Additive Bid Item No. 5 will allow for the construction of a seating area at Sunset Park The plans and specifications have been prepared 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 this project is $920,500.00 for the base bid and $402,000.00 for the additive bid items for a total of $1,322,500.00. FISCAL IMPACT: The Redhawk Park Improvements, Project No. PW06-06, is identified in the City's Capital Improvement Program, Fiscal Years 2009-2013, and is funded with developer contributions and County Service Area funds. Adequate funds for the base bid are available in the project account, no. 210-190-144. ATTACHMENTS: 1. Location Map 2. Project Description CO~ E~ z w w 0 a a x x x A w a H O it zQ co It a I I I tjD (L) 0 0 0 0 O 0 0 0 O O O y O ~ 0 0 d' O ~ 0 0 O ~ ~ ~ V 0 0 0 0 O 0 0 0 O O O N O 0 O O 4 116 0 0 O O 01, C) 00 4r-q 00 r- 00 4- y 3 a M M O v N Q ~ ~ ~ ~ Ff}- S4 S4 64 b4 b4 b4 b4 64 64 64 N ~ ~ O O O O O O rn ~ O O O O O CID 64 b4 64 64 64 ~ N N x • ~ ~ ~ O O O O O ~ p c! ~ N O O O O O N ~ N ti N ~ O O O . " M M M CS N + 64 64 b4 b4 64 bA s~ N ~ O N ~ ' N ~ O ~ 6Ft 64 N ~ O U ~ ~ ~ U N N ~ O Lr W r- 0 64 64 O q 4 . U O r+ bb b4 W O z . S - O C,- O 00 OC) O 00 ~ b O 7r N O r- C' O C~ Y O ~ N O LO kr O N N O N N O N ' LO 00 C`- O C1 N O N Cd Q 00 4N Le) 00 m b4 b4 b4 64 b4 64 64 64 U ~ ~ O x Cf) r 0 1 N N M O 00 N N M O O A- v O O v y M 00 O <rt LU M O a U H ~ q s s ~ a s ~ H rx :O Co Co . ¢ w 0 C o O O 3 CL C ~ ~ : o Ci o o *15 O AM ~w C ';d ;3 ;3 F N d p = ~ A = i L a a 3 . 3 k, O y O N ~ N N ~ O 3 L L D t/~ CCI ~ rn c ~ ~ Q H C Q Q a x x U H ti It ITEM NO. 24 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: June 23, 2009 SUBJECT: Amendment to Agreement with Adkins Consulting PREPARED BY: Martin Betz, Cultural Arts Administrator RECOMMENDATION: That the Board of Directors approve an amendment to the Adkins Consulting agreement in the amount of $30,000 to provide marketing and promotional support services forthe Cultural Arts Division, Recreation, and the Old Town Temecula Community Theater. BACKGROUND: On July 22, 2008, the City Manager executed an Agreement for marketing and graphic design work with Adkins Consulting for the Cultural Arts Division. Some of the services provided by Adkins Consulting have been: • Design the Theater logo, tickets, color palette and other print materials • Develop Theater grand opening and other promotional materials • Design and implement the Theater website • Design and create layout for the semi-annual Cultural Arts Brochure • Provided graphic design for two award-winning season brochures for Temecula Presents One of the City's goals at the theater has been to maintain a readily identifiable brand so that all theater materials and City-produced performances will be easily recognized by patrons. Adkins Consulting has created an integrated and united marketing program for all theater materials. Based on the City's desire to preserve and expand the use of the brand, Adkins Consulting is a single source for marketing support and design services as it relates to the Cultural Arts Division. The proposed FY 2009-10 Amendment will provide for several cultural arts and theater branding projects. Projects in the fiscal year include: a season brochure for Temecula Presents, twenty-four (24) newspaper/magazine ads for theater performances, thirty (30) posters for theater productions, thirty (30) programs for Temecula Presents, updates to the website, and various promotional items for the Cultural Arts and Recreation Divisions. FISCAL IMPACT: The cost of these services for fiscal year 2009-10 is for an amount not to exceed $30,000. Sufficient funds are available in the TCSD operating budget. ATTACHMENTS: Agreement and First Amendment FIRST AMENDMENT TO CONSULTANT SERVICE AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND ADKINS CONSULTING THIS FIRST AMENDMENT is made and entered into as of 23rd of June, 2009, by and between the Temecula Community Services District, a municipal corporation (District), and Adkins Consulting (Consultant). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 22, 2008, the District and Consultant entered into that certain Agreement entitled "City of Temecula Agreement for Consultant Services" (Agreement), in the amount not exceed $48,000.00. b. The parties now desire to extend the term of the Agreement for one year, the term shall continue until September 1, 2010, and to increase the not- to-exceed amount to $78,000.00. 2. Section 1. TERM. This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than September 1, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4.a. PAYMENT. Section 4a., Payment, of the Agreement is hereby amended to read as follows: a. The District agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The First Amendment amount shall not exceed thirty thousand dollars ($30,000.00) for additional graphic design services for a total Agreement amount of seventy-eight thousand dollars $78,000.00). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, President ATTEST: Susan W. Jones, MMC, City Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT: Robbie Adkins, Principal Adkins Consulting 45981 Classic Way Temecula, CA 92592 951.695.2662 -Voice and Fax Robbie Adkins, Principal 2 ITEM NO. 25 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker DATE: June 23, 2009 SUBJECT: Renaming the Children's Museum "Pennypickle's Workshop, Temecula Childrens Museum" RECOMMENDATION: That the Board of Directors approve the recommendation from the Community Services Commission to rename the Temecula Children's Museum "Pennypickle's Workshop, Temecula Children's Museum". BACKGROUND: The Imagination Workshop, Temecula Children's Museum opened its doors to the public in June of 2004. The facility is the home and workshop of Professor Phineas T. Pennypickle, Ph.D. The facility has been well received by the community and has had good attendance since its opening, attracting visitors from the Temecula Valley and surrounding communities. The Children's Museum has become a very popular destination for elementary school field trips because of its science based learning environment. Because the facility is home to Professor Pennypickle and is continually referred to as Pennypickle's, the Friends of the Temecula Children's Museum recommended to the Community Services Commission on June 8, 2009 that the name of the Children's Museum be changed to Pennypickle's Workshop, Temecula Children's Museum. The Community Services Commission unanimously approved the name change and as a result staff has brought this item forward to the Board of Directors. If the name change is approved, staff would modify all future media and marketing materials to reflect the name change and pursue changing the signage on the building. FISCAL IMPACT: Changing the signage to reflect the name change will cost approximately $12,000. These funds are available in the Museum's Capital Improvement Program budget for FY2009-2010. ATTACHMENTS: Park Naming Policy Resolution #92-08 RESOLU `ION NO. CSD 92-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING A POLICY FOR NAMING PARKS AND RECREATION FACILITIES WHEREAS, on April 23, 1991, the Board of Directors (the "Board") adopted a policy for naming parks and recreation facilities; and WHEREAS, the Community Services District and the Parks and Recreation Commission requests that the aforementioned policy be adopted by resolution; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES HEREBY, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the policy for naming parks and recreation facilities as set forth on Exhibit "A" is adopted establishing a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. PASSED, APPROVED AND ADOPTED this 8th day of September, 1992. A- Ronald 1. Parks, President ATTEST: une . Greek, City CI A LI LI Rsfo CSD 92-01 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TBMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 92-08 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 8th day of September 1992 by the following roll call vote. AYES: S DIRECTORS: Birdsall, Moore, Lindemans, Munoz Parks, NOES: 0 DIRECTORS: None ABSENT. 0 DIRECTORS: None ne S. Greek, Ci Clerk stow CSD 92-05 Exhibit "A" TEMECULA COMMUNITY SERVICES DISTRICT Naming Parks and Recreation Facilities PURPOSE To establish a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. POLICY The Park and Recreation commission will be responsible for the selection of names for parks and recreation facilities. Once a name is selected, it will be forwarded to the Board of Directors for ratification. Staff will be responsible for encouraging citizens and community organizations to suggest possible names that will then be forwarded to the commission for consideration. At a minimum, each park and community building will be designated a name. Naming of specific areas within a park (garden, swimming pool, lake, ballfield, etc.) is acceptable but should be kept to a minimum to avoid confusion. No park shall be given a name which might be perceived as controversial by the community. All names selected shall be acceptable and meaningful to a majority of the neighborhood/ community where the park or recreation facility is located. Priority in naming sites shall be given to geographical locations, historic significance or geologic features. No park shall'be named for a person, except where an individual has made a significant financial contribution toward the acquisition and/or development of the park or facility, or has been an outstanding long-time community leader who has supported open space and recreational activities. All park and recreation facilities will be designated a formal name within six months of acquisition or construction. All parks shall have an entrance sign. Buildings will have an entrance sign and.a plaque inside the facility for name identification. The name of a park or recreation facility may be changed only after a hearing is held by the Commission to receive community 4'nput and direction. No name shall be changed unless there is significant justification and support by the community. RESPONSIBILITY ACTION Department 1. Acquires a new park or recreation facility. 2. Solicits possible names from community. 3. Forwards suggested names to the Parks and Recreation Commission for consideration. Parks and 4. Receives any additional community input. Recreation commission 5. Selects a name for the new park or recreation facility. 6. Forwards name to City Council for ratification. Department 7. Installs the appropriate naming sign or plaque. TCSD DEPARTMENTAL REPORT ITEM NO. 26 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: June 23, 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 June 9, 2009 to review the conceptual design. Staff has requested a Scope of Service to start the environmental process. Construction of the Murrieta Creek Trail Project is complete. This project consists of asphalt and DG paths and walkways, tables and benches, trees, shrubs and ground cover. The project is currently in the maintenance period. Staff anticipates accepting this project in the next 30 - 45 days. The Community Services Department released the 2009 Summer/Fall Guide to Leisure Activities to Temecula residents in May. On Saturday, May 30, 2009 the Community Services Department held the 2nd Annual Community Services Expo which offered the public an opportunity to preregister for the classes and activities as outlined in the Guide To Leisure Activities. During the four hour event, staff took in $70,000 in registration fees. The Cultural Arts Division continues to program and carry-out the classes and activities as outlined in the upcoming 2009 Summer/Fall Guide to Leisure Activities, and the Old Town Temecula Community Theater's musical and theatrical performance line-up. 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 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. REDEVELOPMENT AGENCY ITEM NO. 27 ACTION MINUTES of JUNE 9, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:38 P.M. 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 29 Action Minutes - Approved Staff Recommendation (3-0-2) - Agency Member Edwards made the motion; it was seconded by Director Washington; and electronic vote reflected approval with Directors Comerchero and Washington abstaining. RECOMMENDATION: 29.1 Approve the action minutes of May 26, 2009. 30 Financial Statements for the Nine Months Ended March 31. 2009 - Approved Staff Recommendation (6-0-0) - Agency Member Edwards made the motion; it was seconded by Agency Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 30.1 Receive and file the Financial Statements for the nine months ended March 31, 2009; 30.2 Approve an increase of $362,000 for the sale of the Black property to the City. 31 Acquisition of Property located at 28725 Puiol Street - The City Attorney has determined that the abstention of Board Member Roberts was not complete and that the item was not approved. It will be reconsidered at the meeting of June 23, 2009. RECOMMENDATION: 31.1 Adopt a resolution entitled: Action Minutes RDA 060909 RESOLUTION NO. RDA 09- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND ANTONIO RAUL MUNIZ AND AIDA MUNIZ FOR THE PURCHASE OF CERTAIN REAL PROPERTY FOR AFFORDABLE HOUSING RDA BUSINESS 32 Review and Adoption of the FY 2009-10 Annual Operating Budget - Approved Staff Recommendation (5-0-0) - Agency Member Comerchero made the motion; it was seconded by Agency Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 32.1 Adopt a resolution entitled: RESOLUTION NO. RDA 09-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2009-10 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 33 Review and Adoption of the FY 2010-2014 Capital Improvement Budget for the Redevelopment Agency (RDA) - 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: 33.1 Adopt a resolution entitled: RESOLUTION NO. RDA 09-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2010-14 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2009-10 Action Minutes RDA 060909 RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:45 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, June 23, 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] Action Minutes RDA 060909 ITEM NO. 28 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Aaron Adams, Assistant City Manager DATE: June 23, 2009 SUBJECT: Agreement between Melody's Ad Works and the Redevelopment Agency for FY 2009-10 RECOMMENDATION: That the Agency Members approve an agreement with Melody's Ad Works in the amount of $39,700 for promoting and marketing Special Events in Old Town for FY 2009/10. BACKGROUND: Melody Brunsting, a Temecula public relations and special events coordinator, has been assisting the Agency in promoting and marketing special events in Old Town Temecula since 1999. Since that time, the Agency has expanded our special events to include the Bluegrass Festival, Western Days, Street Painting Festival, Hot Summer Nights, Quilt Festival, Erle Stanley Gardner Mystery Weekend and Winter Wonderland. These special events attract visitors to Old Town in hosting a variety of activities of interest for the local community and tourists of all ages. Through these efforts, merchants and restaurants have benefited by increased business and continued support of Old Town's economic viability. FISCAL IMPACT: The $39,700 will be funded through the Redevelopment Agency FY 2009/10 Operating Budget in the Other Outside Services Line Item. ATTACHMENTS: Attachments REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES MELODY'S AD WORKS INC. THIS AGREEMENT, is made and effective as of July 01, 2009, between the Redevelopment Agency of the City of Temecula, a municipal corporation ("Agency") and Melody's Ad Works Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 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 times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A other than the payment rates and schedule of payment are null and void. This amount shall not exceed Thirty Nine Thousand Seven Hundred Dollars and 00 Cents ($39,700.00) forthe total term of the Agreement unless additional payment is approved as provided in this Agreement. Expenses incurred by consultant will be billed separately and are not considered part of the services fee. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Executive Director. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the Agency disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. CAProgram Files\Neevia.Com0ocument Converter\temp\928480.doc v. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The Agency may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Agency . Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to complywith the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the Executive Director or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records, shall give Agency the right to examine and audit said books and records, shall permit Agency to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and maybe used, reused or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the Agency, upon reasonable written request by the Agency, the necessary CAProgram Files\Neevia.Com0ocument Converter\temp\928480.doc computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the Agency , its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the Agency , its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the Agency . 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Worker's Compensation Insurance is required only if Consultant employees any employees. Consultant warrants and represents to the City that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of new employees. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance orotherform with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/ location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) peraccidentfor bodily injury or disease. CAProgram Files\Neevia.Com0ocument Converter\temp\928480.doc C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Director. At the option of the Executive Director, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Agency, its officers, officials, employees and volunteers; orthe Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Agency , its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the Agency, its officers, officials, employees and volunteers. Any insurance or self- insured maintained bythe Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Agency, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled 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 cancelled or, reduced in coverage or in limits, the Consultant shall within two (2) business days of notice from the insurer, phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation. 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 Agency . Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on CAProgram Files\Neevia.Com0ocument Converter\temp\928480.doc forms provided by the Agency. All endorsements are to be received and approved by the Agency before work commences. As an alternative to the Agency 's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the Agency a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the Agency. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against Agency, or bind Agency in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency 's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the Executive Director or unless requested bythe Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories orother information concerning the work performed under this Agreement or relating to any project or property located within the Agency. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena. b. Consultant shall promptly notify Agency should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any projector property located within the Agency. Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with Agency and to provide Agency with the opportunity to review any response to discovery requests provided by Consultant. However, Agency 's right to review anysuch response does not imply or mean the right by Agency to control, direct, or rewrite said response. 18. 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) CAProgram Files\Neevia.Com0ocument Converterltemp\928480.doc 5 delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To Agency: Redevelopment Agency of the City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: Executive Director To Consultant: Melody Brunsting Melody's Ad Works Inc. 21705 Como Street Wildomar. CA 92595 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any partthereof, nor any monies due hereunder, without priorwritten consent of the Agency. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Melody Brunsting shall perform the services described in this Agreement. Melody's Ads Works may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Melody Brunsting from Consultant's employ. Should he or she leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Executive Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the Redevelopment Agency of the City Temecula. I n the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the Redevelopment Agency of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the Agency that no officer or employee of the Redevelopment Agency of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the CAProgram Files\Neevia.Com0ocument Converter\temp\928480.doc business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the Agency in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. CAProgram Files\Neevia.Com0ocument Converter\temp\928480.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Ron Roberts, RDA Chairperson Attest: Susan W. Jones, MMC Agency Secretary/ City Clerk Approved As to Form: Peter M. Thorson, Agency Counsel CAProgram Files\Neevia.Com0ocument Converter\temp\928480.doc CONSULTANT Melody Brunsting Melody's Ad Works Inc. 21705 Como Street Wildomar, CA 92595 (951) 678-1456 By: Title: By: Title: (Signatures of two corporate officers required for Corporations) CAProgram Files\Neevia.Com0ocument Converter\temp\928480.doc EXHIBIT A TASKS TO BE PERFORMED PAYMENT RATES AND SCHEDULE CAProgram Files\Neevia.Com\Document Converter\temp\928480.doc 10 EXHIBIT B PAYMENT RATES AND SCHEDULE CAProgram Files\Neevia.Com\Document Converter\temp\928480.doc 11 AcJ, Worki;, Inc Marketing & Public Relations Budget Proposal Did Town Temecula special Event Promotions I I. ~U - 21705 Como Street A Wildomar " California 92595 Phone " (951) 252-5649 (951) 678-1456 ^ Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: w .Temeculacalifornia.com Ad Workr.,, Inc Marketing & Public Relations SCOPE OF WORK PERFORMED: Melody's Ad Works, Inc, will plan, organize, produce and promote a series of annual events in Old Town Temecula designed to draw guests to Old Town Temecula from the 2.2 million tourists that visit Temecula annually, and the surrounding local markets of Southwest Riverside County. These events will begin July 3, 2009 and continue through the Street Painting Festival June 26 & 27, 2010. For each event Melody's Ad Works Inc. will: ❑ Review, screen, and select entertainers o Distribute Performance agreements and W-9s for all contracted entertainers ❑ Order necessary additional facilities such as stage, lighting, canopies, and portable toilets ❑ Work with City of Temecula Planning and Riverside County Environmental Health to assure proper permits are acquired. ❑ Produce site map for each event ❑ Select and schedule most effective advertising for each event ❑ Create reproduction-ready print ads for print media ❑ Create radio and television commercials (production costs additional) ❑ Create reproduction-ready art for Flyers and Posters ❑ Post on www.temeculacalifornia.com ❑ Develop, write and distribute to media press releases and press packages for each event. o Distribute weekly, monthly and regional press releases supporting event. o Produce e-mail blasts to combined email list of Temecula CVB, Chamber and general interest subscribers to www.temeculacalifornia.com. Emails will promote events and activities and follow all SPAM rules and regulations restricting unsolicited emails. o Produce event sites on myspace, facebook and other social networks as deemed necessary for the event. ❑ Provide on-site laminated 8.5x11"event locater signage for event activities ❑ Coordinate with City of Temecula Staff ❑ Meet with Old Town Temecula Working Group as scheduled. ❑ Collect press clippings and maintain workbooks for each event. 21705 Como Street A Wildomar A California 92595 Phone ^ (951) 252-5649 (951) 678-1456 ^ Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - website: www.Temeculacalifornia.com Ad, W011' t, Inc Marketing & Public Relations EVENT DESCRIPTIONS: Hot Summer Nights: July 3 - September 4, 2009 The weekly format has been the most effective of the programs and continually builds the crowd over an eight-week period. Friday night events will begin July 11, 2008 in cooperation with the Temecula International Jazz Festival and continue through Friday, August, 29, 2008. EVENTS AND ACTIVITIES 10 weeks - July 3 through September 4, 2008 EVERY FRIDAY - music themes Three bands with strong fan base scattered throughout Old Town Temecula. The largest will be placed at the Ralph Love Courtyard (Baily's) and signage will designate that concert admission is free. 2nd largest band will be placed on 5th Street at 5th Avenue Dog House Stage. These locations save stage and canopy costs. 4-6 week campaign with Valley Winds to promote fundraising for the TVUSD school band departments. The group will encourage donations from the crowd and we will promote through the school bands prior to the close of the 2008-09 school year. Establish a location for a Deejay on a weekly basis who will conduct games and dance competitions for kids. 21705 Como Street A Wildomar ^ California 92595 Phone ^ (951) 252-5649 (951) 678-1456 " Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: w .Temeculacalifornia.com Ad W,orki- Inc Marketing & Public Relations QUILT SHOW October 3, 2009 This event is very popular with the merchants and out of town visitors. The Quilters in the Mist organization that produces the event as asked for City help to make the event grow. This year Melody's Ad Works, Inc. is soliciting local Old Town Businesses to hang quilts inside their stores prior to the Saturday event. A Quilt Walk Map, with location of the quilts will be distributed throughout Old Town Temecula. Melody's Ad Works Inc. will work with the Quilters on permits, advertising and promotion and coordination of the event. Haunted Old Town October 31-November 3, 2008 This event will be produced by the Fine Arts Network/Bobbie Boes and is being coordinated with The Theater and Children's Museum. There are no direct costs to the Old Town events budget. There may be some coordination with the Erie Stanley Gardner writing contest for ghost stories. The group should be included in the Old Town Working Group beginning in July. 21705 Como Street ^ Wildomar ^ California 92595 Phone ^ (951) 252-5649 (951) 678-1456 ^ Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: w .Temeculacalifornia.com ~i X"11/6_11' Ad Workr,; Inc, Marketing & Public Relations Erie Stanley Gardner Mystery Weekend November 6 & 7, 2009 This cultural event is in its 8th year. The committee now consists of members from the Temecula Valley Museum, Temecula Valley Players, media, an Erie Stanley Gardner fan from Cerritos and the Temecula Valley Historical Society. The event has been scaled down with the goal of turning its production over to the Temecula Museum as the lead, and support from the Temecula School District for the writing competition and cowboy poetry elements. It will expand on the writing seminars with the goal of drawing more out-of- town mystery writers to the seminars. Previous speakers have suggested the event become a mystery writer's conference and that a fee be charged for the seminars. This will be the first year for conference fees. Includes: ❑ Mystery contest and prizes ❑ Writers workshops and seminars ❑ Possible Mystery Dinner Theater - working with Bailys ❑ Cowboy poetry in the Senior Center ❑ Writing Competition for Youth - through adult amateur mystery writers. 21705 Como Street " Wildomar ^ California 92595 Phone ^ (951) 252-5649 (951) 678-1456 ^ Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com-website:w .Temeculacalifornia.com Ad, Works,; Inc Marketing & Public Relations Old Town Christmas Saturdays & Sundays, November 27-Dec 23rd Santa's arrival will be aboard the horse drawn sleigh, escorted by the Trolley and Dickens Christmas Carolers. He will arrive Friday evening after Thanksgiving. We are proposing he remain open Monday, Tuesday and Wednesday of Christmas week (Dec 21-23) with the goal of having a temporary Ice Skating Rink open at the same time and remain open through January 2, 2008. Santa's house is getting another face lift with a volunteer preparing lifelike candy canes and decorations for inside and around the exterior. This year will be a red and white theme. The Temecula Boy Scouts, Pack 301 will take souvenir photos. Old Town Temecula Antlers will be distributed to kids during Santa's arrival and throughout the 5-week promotion. We will also coordinate a special night on Friday December 11 for the arrival of Snow at the Temecula Children's Museum. The goal is to provide Friday evening entertainment November 27, December 11, the arrival of the ice rink on December 18 - remain open thru January 2, 2010. (If it is possible to have it open New Years Eve - it would be ideal for a "first night" no alcohol event.) This could be something done through non-profits in a completely sponsored event. Otherwise the rink would be closed Christmas Day, New Years Eve and New Years Day. Dickens carolers and characters will also be positioned around Old Town throughout the campaign. Publicity for the event will begin in August with long- lead magazines, and continue through November. 21705 Como Street" Wildomar ^ California 92595 Phone ^ (951) 252-5649 (951) 678-1456 " Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com c9.1 X Z Ad WorInc Marketing & Public Relations Bluegrass Festival March 20 & 21, 2010 The event continues to grow in popularity throughout the Bluegrass community. This year's event sold out the theater three times on Saturday while packing the main stage outdoors with over 600 spectators per concert. There were six concerts per day on the outdoor stages. A paid concert was held in the Theater Saturday night and sold out at $10. We are suggesting raising the price to $15 for 2010 we are suggesting a Sunday Matinee $10 concert be added to the schedule. This would be no additional cost but could raise additional funds from the event. 2009 was also our first year to work with tour companies. We had 200 spectators come in by bus and accommodated them with close parking to the outdoor stage. Breakout bands and jam sessions will be located throughout Old Town Temecula. Free workshops will be held at the Mercantile. Need more RV parking space. Possible tie-in with Pechanga and their parking, but we would need shuttles to and from. Western Days May 15 & 16, 2010 A Chili Cook Off was added to the 2008 event in January. This year the Cook Off will have a subcommittee of the Old Town Working Group to plan and promote the event, procure chili cooks and judges, and attend other chili cook offs. The goal is to have the Cook Off pay for itself and Western Days, create revenue for the Old Town Merchants Associations, and eventually be run by the association. In 2009 the association added a "decorate your sawhorse cattle" contest. Results pending. 21705 Como Street " Wildomar ^ California 92595 Phone ^ (951) 252-5649 (951) 678-1456 " Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: w .Temeculacaliforma.com cel~ Ze, 4 AW- WCA1, ; inc Marketing & Public Relations Street Painting Festival June 26 & 27, 2010 New town square location great asphalt and about 100 anxious artists will be glad to paint on new blacktop. The Ralph Love Plein Air Festival was started in 2008 and conducted by the Arts Council of Temecula Valley. It is possible that with the help of the merchants and Arts Council volunteers this event will continue. 2009 is still in the plans with a reception held at Butterfield Square on Sunday. Melody's Ad Works Inc. $ 39,700 Melody's Ad Works Inc. will bill monthly on the first of the month, for services described herein. Expenses incurred by Melody's Ad Works Inc., such as printing, postage, wreath supplies, Christmas decorations, ice, signage, prizes and awards, games and toys for the events will be billed separately and are not part of the contract price for services. 21705 Como Street " Wildomar ^ California 92595 Phone ^ (951) 252-5649 (951) 678-1456 ^ Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com From: FAXmaker To: 19516946499 Page: 2/2 Date: 4/6/2009 11:41:47 AM ACORD~ CERTIFICATE OF LIABILITY INSURANCE D0 ) 10 612 0 0 9 04/06l20D9 PRODUCER Phone: (951)6005751 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Stromsoe Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 24910 Las Brisas Road, Ste 117 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Murrieta, CA 92562 License OD06577 I INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Valle For a Insurance Company CNA Melody's Ad Works, Inc INSURER B: 21705 Como Street INSURER C Wildomar, CA 92595 INSURER D. I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED O MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUC POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR. ADD'U NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE GATE MM ODIYY POLICY EXPIRATION DATE MM/ODn'Y UMRS I A Y GENERAL ABILITY 3010116843 0511012009 05110/2010 EACH OCCURRENCE AM 1$ 1.000.000 IX COMMERCIAL GENERAL LIABILITY D AUL TO REPTa PREMISES Ea accurence $ 300,000 CLAIMS MADE OCCUR MED OUR(Any.na person) I$ %000 PERSONAL& ADV INJURY ~000 GENERAL AGGREGATE $ 2.000.000 GEN'L AGGREGATELIMITAPPLIES PER: 1 PRODUCTS -COMPIOP AGG , $ 2,000,000 PRO- r ~ r _ POLICY LOC A Y AUTOMOBILELIABIUTY 3010116843 05/1012009 05/10/2010 COMBINED SINGLE LIMIT ANY AUTO ALLOWNEDAUTOS I (Eaaccident) _ 1000,000 , BODILYINJURY SCHEDULED AUTOS I (Per person) $ J[~,: HIRED AUTOS t~..d-1 BODILY INJURY $ X INON-OWNED AUTOS (Per acalen[) d I-I_ PROPERTY DAMAGE $ (Per accident) GA AGE LIABILITY AUTO ONLY-EAAGCIDENT $ R ANY AUTO OTHERTHAN EAACC $ - AUTOONLY: AGG I $ IEXCESSIUMBRELLALIABILITY EACHOCCURRENCE I s OCCUR 1 CLAIMS MADE AGGREGATE _ $ _ DEDUCTIBLE $ RETENTION S 1 $ WORKERS COMPENSATION AND WC STATU- OTH-' TOR LIMITS ER EMPLOYERS' LIABILITY ANY PROPRIELCWPARTNERIEXECUTIVE E.L. EACHACOIDENT $ OFFICERIMEMBER EXCLUDED? E E.L. DISEABE - EA EMPLOYE IF under Yes, describe SPE CIAL PROVISIONS below E.L. DISEABE - POLICY LIMB I $ OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES/ EXCLUSIDNSADDED HV ENDORSEMENT/ SPECIAL PROVISIONS Certificate holder is named as additional insured as covered by the policy. City of Temecula Attn: Kathi Syers 43200 Business Park Drive Temecula, CA 92590 artnwn oR ronnvnut SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEDTO THE LEFT, BUT FAILURET000 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Printed by M MO on April 06, 2009 at 11:18AM ITEM NO. 29 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 23, 2009 SUBJECT: Third Amendment to the Exclusive Negotiating Agreement between the Temecula Redevelopment Agency and R.C. Hobbs Co. RECOMMENDATION: That the Agency Board approve the Third Amendment to the Exclusive Negotiating Agreement (ENA) between the Agency and the R.C. Hobbs Co. BACKGROUND: On September 9, 2008 the Agency Board approved the Exclusive Negotiating Agreement between the Agency and R. C. Hobbs Co. for the development of Agency owned property located at the northwest corner of Diaz Road and Dendy Parkway (APN 909-370- 002). The current design calls for the development of 192 units, of which 39 units, or 20%, would be restricted at the very-low affordability designation. This development would utilize 11 of the 32 acres that make up the entire site. When R.C. Hobbs Co. entered into the ENA it was their intent to develop only a portion of the site while having Clearwater Development develop approximately 2/3 of the site as a water park. Since that time the Agency and R.C. Hobbs Co. have worked in good faith to develop the site as a mix of affordable and market rate housing units. Due to economic conditions, the project has not been able to move forward despite much planning and collaboration between the two parties. Economic conditions are what led R.C. Hobbs Co. to request two of the three extensions permitted by the ENA as evidenced by the First Amendment, dated January 22, 2009, and the Second Amendment, dated June 9, 2009. Each of the three extensions allowed under the ENA are for a period of three months each. R.C. Hobbs has one extension remaining. The current extension takes the ENA to September 7, 2009, at which time the Agency intends to enter a Disposition and Development Agreement (DDA) for the physical development of the site. Project Description Currently the site description included in the ENA encompasses the entire site. Due to the fact that R.C. Hobbs Co. is only intending, and working towards, the development of 11 acres of the site, an amendment to the site description of the ENA is in order to reflect only the portion of the site that will be part of their project. This site description alteration will be the only change to the ENA. This Third Amendment would effectively split the 32-acre site into two (2) parcels, with the new site description for the R.C. Hobbs Co. ENA encompassing the eastern most 11 acres of the site fronting on Diaz Road. No other terms of the ENA will be changed as a result of this amendment. R.C. Hobbs Co. will continue to be required to perform all obligations and meet all deadlines defined in the ENA. The Agency will continue to work with R.C. Hobbs to develop a deal structure that is equitable to both parties. At this time no Agency contribution figure can be presented as pro forma negotiations are ongoing. FISCAL IMPACT: As outlined above, no accurate figure can be represented at this time. ATTACHMENTS: Third Amendment to the Exclusive Negotiating Agreement Proposed Site Plan Exclusive Negotiating Agreement First Amendment to the Exclusive Negotiating Agreement Second Amendment to the Exclusive Negotiating Agreement THIRD AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND RC HOBBS CO. THIS THIRD AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT is dated as of June 23, 2009, and is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body corporate and politic ("Agency") and RC HOBBS CO., a California corporation ("Developer"). RECITALS A. On September 9, 2008, the parties entered into that certain "Exclusive Negotiating Agreement" and amended it on January 28, 2009 and on June 9, 2009 (the "Agreement"). B. The purpose of the Agreement is to set forth, among other things, the terms pursuant to which the Agency will negotiate with the Developer on an exclusive basis for a limited period regarding a project on the land described in the Agreement and a proposed Disposition and Development Agreement. C. The parties now desire to modify the Agreement to exclude certain land. 1. Site. The term "Site" as used in the Agreement shall not include the land described as Parcel No. 1 on Exhibit "A" hereto (the "Excluded Land"), and shall include only land described as Parcel No. 2 on Exhibit "A" hereto. The Excluded Land is hereby deleted and excluded from Attachment No. 1 to the Agreement. 2. No Other Changes. Except as otherwise provided in this Third Amendment, all other terms and conditions of the Agreement remain in full force and effect. 11087-0001\1143717v1.doc IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above. DEVELOPER: RC HOBBS CO., a California corporation By: Print Name: Title: CITY: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic Shawn D. Nelson Executive Director ATTEST: Susan W. Jones, MMC, Agency Secretary APPROVED AS TO FORM: Peter M. Thorson, Agency Counsel 11087-0001\1143717v1.doc 2 EXHIBIT "A" DESCRIPTION OF EXCLUDED LAND (Attached.) 11087-0001\1143717v1.doc IN THE C/TY OF TEMECULA, RIUERS/DE COUNTY, STATE OF CAL - OF CALIFORNIA. ~y ~ ~ ~ oy f ~ Sr. E~/TU APARlMEN1"~' 1 ~ pN ~ ~ ~2 ERR ~ GH q PORT. SEC. 34, T.7., S.R.3W., S.B.B.M. 1~ ~ SDH & ASSOCIATES, INC. APRIL 2009 Y ¢ 1 P i E ~ I~'f R,~~rA ~ *L ~ RR ~ \ 5 5~ MiN~~ q~. \ ~ LD IrR~E~pS) i ~ pR• I 11 ~ r~ ~ v~ ~ ~ ~ ¢P i'' _ EAS~Iw01F~ (ITEMS) ~o ~ ~ 5 r ~ 1. RIGHTS OF THE PUBLIC !N AND TO THAT P11R770N OF d gl. ~ ~ (1 ! THE LAND LYING WITHIN D/AZ ROAD AND CHERRY STREET, N~`/ES RR• ~ _ 50.02' _ 4.25' FUT. R/W ~ ~ ~ EX. R/W ~ 6 2. AN EASEMENT TO THE COUNTY OF R/HERS/DE FOR N~ ~ ~ _ N4809 JG EX. R~{y ~.M ~ RIVER CHANNEL AND BANK PROTECTIONS WORK AND N48'09 J4 E 1680.60 ~ ~ ~ 09' 14~~~ - ~ InyMAP _ 1Q~' 1 So.sQ 4ov.54 _ 0 2,31' INCIDENTAt PURPOSES, PER DOCUMENT RECORDED NOT TO SCALE ITEM 1 859.ag' ~ - - ~ ~ ~ Q 1450 6D' SEPTEMBER 13, 1939 IN BOOK 434 PAGE 108 OF ~ LOT,q ~ i 30 _ N41'43'04 "1~ OFFICIAL RECORDS i ~ ~ ~519.10'L~z_ 19.26' 1 _ 3. THE EFFECT OF A DECLARATION OF DEDICATION ~ APP~AIUT P~:~ERn'a199 n, z d-0'09 23" DATED NOVL-~1BER 13, 1972, PURPORTING TO ITEM 4 PROP, R/y N85'55'11 ~ • N48'0938~ L=10.92 R.C. HQBBS CQMPANY CITY OF TEMECULA, A MUNICIPAL CORPORATION ~ ~ /r ITEM 5 I ~ h ~ 18000 iRREI/OCABLY DEDICATE !N PERPETUITY FOR PUBLIC 1110 E. CHAPMAN AVE. STE,~2D6 43200 BUSINESS PARK DRt~E ~ E, 3307 p ~ 1 q~ ~I I ITEM 2 l1EM 4 PURPOSES, PUBLIC UTILITY AND PUBLIC SERVICES, THE ORANGE CA 92866 TEMECULA CA 92589 t~ 'o ~ ~ ~ I PROPERTY DESCRIBED THL:7;'EIN, RECORDED NOVEMBER ~OICE.• 714 221-2112 ~O/CE.• 951 694-6444 G~~ ( } ~ } ~ P MIS h ITEM 5 ATTN.• ROBERT HOBBS 5 ~ 'S I 6 ~~}ry o ~0~, ~l ~I~ ,I JJ ~ 16, 1972 AS INSTRUMENT N0. 152905 OF OFFICIAL ~ PARCELS 1-3 ( } CLEARWATER WATER PARK DEYELQPMENT °,~~,I ~ ~ 1 ~ ~ RECORDS 35 ARGONAUT ~B-2 GRASS SITE S.F.=1, 487, 447 S F. ~ ~ ~ ~i a I J THE EFFECT OF A RESOLUTION BY THE RIVERSIDE AL1SO ~IEJO, CA 92656 NET SITE SF.=1,452,926 SF. (EXCLUDES LOTS A-D} ~ Ij ~ ~ ~ ~ , ~I I I~ o COUNTY BOARD DF SUPERVISION ACCEPTING SAID OFFER I/OICE.• 949 457-2557 ' FAX.' 949 457-2558 / rarac PA~s , l,h I~ ry~ i ~ OF DEDICATION FOR THE PURPOSE OF VESTING TITLE IN ATTN.• JOSHUA HUNTER ry / NUMBERED-3 ~ / a ~ ~ © THE COUNTY OF RIVERSIDE ON BEHALF OF THE PUBLIC LETTERED-4 / PROP. R/W ~ ~ I ~ I ~ BUT NOT AS PART TO THE COUNTY-MAINTAINED ROAD t 0 / SDH & ASSOCIATES, 1NC. ~1 a a ~ SYSTEM, RECORDED SEPTEMBER 2, 1982 AS _ 51 ~ 2025 CHICAGO AVE. STE. A 6 3 q INSTRUMENT N0. 153178 OF OFFICIAL RECORDS OF CT b ~ Rll/ERS/DE, CALIFORNIA 92507 ~ 6 ~ RIVERSIDE COUNTY, CALIFORNIA. RAW CUT=210 300 CY. ¢30 ~ I TEL (951) 683-3691 ' 8, ~ 4 III ~ RAW FILL-191,100 CY. R1• P v FAX {951) 788-2314 ~ TR 4. AN EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA U~ h ~ o 1N~ ~ ~ ~ I T04PHY~ 2 l N 2 l O' "~l ~ ED/SON COMPANY, A CORPORATION, FOR PUBIIC ' I UTILITIES AND INCIDENTAL PURPOSES, RECORD1:71 DIGITAL MAPPING, INC. I °j 50 50 ~I 5'~ COMPLETE GiS PHOTOGRAMMETRIC SERVICES I PARCEL 2 LOTS ~ I Q II JANUARY 9, 1973 AS INSTRUMENT N0.3490 OF 21062 BROOKHURST STREET SUITE 101 ~ ry III ~A OFFICIAL RECORDS HUNTINGTON BEACH, CA 92645 I ~ I GROSS• 19.7 AC ~ TEL (714} 968-5459 ~ GROSS.• 3 11.3 AC I 5. AN EASEMENT IN FAI/OR OF KACOR REALTY, INC. FOR NET 19.3 AC FAX 714) 968-2429 I ~ 4 NET )0.8 AC ISM 4 ITEM 8 I, PUBLIC UTILITIES, DRAINAGE, CONSTRUCTION AND ( ~ 0 W I ~ 'a ITEM 5 ~ I I ITFM 4 MAINTENANCE OF SLOPES AND ROADS AND INCIDENTAL , ~ A5~55 PARG`EL ~ I ~ I 7 I ~ I II ~ARCEL 3 II ITEM 5 PURPOSES, RECORDED MAY 3t, t973 As INSTRUMENT I ~ ~ I N0. 70688 OF OFFICIAL RECORDS 909-370-002, 909-120-019 I LEGAL ~ 1 ~ (~"0 BE DEDICAlED~I BEING A PORTION OF THE MURR/ETA PORTION OF THE TEMECULA ~ Q i T THE CITY OF III SAN L~4SEML7UT IN FAVOR OF RANCON BUSINESS RANCHO AS SHOWN BY MAP OF THE TEMECULA LAND AND WATER ~ Q I MECULA) I ~ CENTER/RANCHO CALIFORNIA, A CALIFORNIA JOINT COMPLANY ON FILE /N BOOK 8, PAGE 359 OF MAPS RECORDS OF ~ I I N VENTURE, FOR ROAD AND UTILITIES AND INCIDENTAL COUNTY OF SAN D/EGO, STATE OF CALIFORNIA. ~ ~ I, I ITEM 1 I i ~ PURPOSES, RECORDED OCTOBER 4, 1989 AS o, ~ S~FACf~AGE o ~ ` ~ ~ ITEM 3 ~I ~ INSTRUMENT N0. 344254 OF OFFICIAL RECORDS. ~ ~ ITEM s I h GROSS 31.0 AC h NET 30.3 AC ' h ~ ~ ~ I, ~ 7. AN LASEML:7VT !N FAVOR OF EASTERN MUNICIPAL ?r ~ \ ~ ~ TES' ASAP TES' ~F ~ o ~ ; III ~ WATER DISTRICT FOR PIPE LINES AND APPURTENANCES ~ .h Z AND INCIDENTAL PURPOSES, RECORDED NOVEMBER 14, ~ ~ 2003 EDITION, MAP PAGE 958, SECTION D4, E4, E5 ~ ~ ~ I o I ~ ~ ITEM 2 I 1990 AS INSTRUMENT NO. 415924 OF OFFICIAL RECORDS W,4 Tel Q~IIAUTYAL4l~I C~l~NT PLAN °~a ~ ~~9. ITEM 4 N02'33'28'~V ~ ~ Z ~ II III ~ o~m ~ 7 6 5 5 4 31.65 III 8 AN L~4SEMENT IN FAVOR DF EASTERN SEE W.Q.M.P. SUBMITTED HERE WITH R.8 ~ ITEM 5 OqG~. E N43'58`55sE X R/W N~~58'S,5~ ~ I III MUNICIPAL WATER DISTRICT, A MUNICIPAL N43'58'S5"E 554.38' 507.99' Z0N~IIGAII~7LAA~t~ ITEM 4 _ S?s ~ - - - - - - ~ III I ITEM 5 I WATER DISTRICT, FOR SEWER 1RANSM/SSION EXlST1NG ZONING ..............PDO 10 ;,~51 S n~ ,6~ R~ ~ h V P ~7l( PROPOSED ZON/NG..........PDO-10 r 7 T 8Sp j r , ► u ~ ~ t ;a' Loro k I III AND COLLECTION FACILITIES AND E~llST1NG LAND USE.........PI f~ ,9.~ -,383,87 A. a' I INCIDENTAL PURPOSES, RECORDED JANUARY J LAND USE ........................MIXED USE ~ ~ ~ ply o N43'S8 55 E 1387.69 26, 2007 AS INSTRUMENT N0. 2007-0063024 ~ ~ ~ ~ ~ I i OF OFFICIAL RECORDS ..J,1 _ ~GZ~ NORTH N A ~ ~ / - - P L) EX. R/W I ~ ~ RESOLUTION N0. 07-06 BY THE ClT}' OF .l lP SOUTH .............................U I~ ~5~ C 28~` I I ~ TEMECULA APPROVING SAID L-ASEMENT WA5 0~' EAST ................................OS-C ; ~N ~ _ _ WEST ................................L! ~ ~ T~ ~ n I I I RECORDED JANUARY 18, 2007 AS n~ INSTRUMENT N0. 2007-004364 OF OFFICIAL w ~ I I 1 ~ RECORDS UT~ITYPI~RI~FYC~S EXl T. P P. PR P. ~ RAT AREA DATA R R R i WATER .......................RCWD 100' 100' cAS ..........................sQ CALIF cAS ~a~ 12 7 2 ELECTRICAL ...............SO CALIF. EDlSON ~ 2 PARCEL 1 839,201 S F. ~ SITE /S WITHIN A FAULT ZONE MODERATE TO I~ERY HIGH 6 ~ s 6 ~ ~ 6' TELEPHONE I/ER/ZON ~ ~ 38 3 6 6' PARCEL 2 472,846 S.F. PROP. -PROPOSED SEWER ......................EMWD RCWD LIQUEFACTION POTENTIAL s XIST. SIDEWALK 6 ROP. SIDEWALK PROP. SIDEWALK ~ / EXIST. SLOPE ~+YALK 6 PARCEL 3 175,400 S F. L71. - EX/STING CABLE .......................TIME WARNER 2~ _ _ _2~ 2 ~ 2 ' ~ Ra~or~zo~r~ar~v LOT A 27,404 SF. -PROPERTY LINE - ~ - PROP. I~'/~ ~y AA, J'~~~A~J/~/ FLOOD PLAIN /100 YEAR-ZONE AE SIDEWALK ~~I-GV~M l~l.fi/r L/Gi7~Y/`'1!/V/r l } ~ FIRM NUMBER - 0606502720 G EX T. ~ ~ ~ ~ LOT B 1,987 S.F R/W - RIGHT OF WAY RAP. pRpi? PROP. PRDJECT IS NOT WITHIN A SPECIfIC P1AN CURB & EXIST. pRQp. CURB & CURB & PROP. MEDIAN pROp PROP. LOT C 4,380 SF. PROPERTY LINE ~ $ GUTTER DENDY PAVEMENT GUTTER GUTTER PAVEMENT PAI/EMENl PROP. CURB & ~ RIGHT OF WAY PAVEMENT GUITER LOT D 750 S F, - - - CENTERLINE PLAN~E~IG4 TI~II PWKY. THERE tS NO EVIDENCE OF STORED HAZARDOUS T YP~CAL ,S'~G~TK~V T YPK.'AL ,S'~G'T~V TOTAL 1,521,968 S F. COMMUNITY IN OR PARTIALLY WITHIN TEMECULA MATERIAL ABOVE OR BELOW GROUND. A~YPA1~CWi4Y D~AZHbAU G'0~6UK~7YFAG~f'D~STf~T ~ I~STt~CT nror n, scacE nnr ~ sr,~eF L/NEDATA CURVEDATA NAME.• NOT /N A COMMUNITY FACILITY DISTRICT TEMECULA VALLE7' UNIFIED PRAP oX/SST. BRG. DISI: DELTA RADIUS LENGTH TANGENT. DISTRICT NUMBER.' NOT AVAILABLE "l" z ' ~ i N41'43'04Y 18.54' 1 13108102" 188.00' 43.10' 21, 64' 100, 11 7 1 1 2 N46'01'521Y 6200' 13738'02 21200' 48.60' 24.41' 5' 3 N88'39 24V 33.98' 3 02"48'28" 1950 00' 95.56' 47.79' ' REMSIDNS 5 ' , B 32 6 ROP. SIDEWALK PROP. SIDEWALK EWALK 6 4 N03'08'14V 33.80' 4 0374'07" 45.08' 255' 1.27' (tOFESSI, 2 ' 5 N43'5855 "E 51.01' 5 267248" 55.56' 2527' 12 91' SOH & Associates, Inc 4r~` l y Cm 11minjoill PROP. PROP. 6 N46'Of'56"E 43.74' 6 2673'51 " 55.56' 25.37' 12 91' 2=CMOPAvg OUNDA8 w No 218 m ~ CURB & MEDIAN Exp. a-m-m PROP. PROP. 7PROP. PROP,& 7 N46'Of'56"E 98.15' 0374'07" 45.08' 2.54' 1.27' 0 100 200 300 400 CURB RIVW", CWOOMIe M7 GUTTER PAIVEMENT PA~EMEN7 MEN I PAVEMENT GUTTER 8 332'53'54 Y 15.56' 8 0278'23" 12000 00' 80.51' 40.26' TEL' (951) OMM FAX(M)7WO14 rF F0~` Ofi MARK DESCRIPTION BY APPR DATE ELI DESIGNED 8Y- 5.5. DRAWN 8Y- R.J.M ChlEW S~ 9 N41'40'32 "E 7297' SCALE 1 " 100' CHECKED BY.• B. G. E. PROJECT MANAGER 5 S Avr m -qm r b ET1CF1 EXCLUSIVE NEGOTIATING AGREEMENT i This EXCLUSIVE NEGOTIATING AGREEMENT (this "Agreement") is dated as of September 9, 2008, and is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic (the "Agency") and RC HOBBS CO., a California corporation (the "Developer"). RECITALS A. The Agency owns the land in the City of Temecula, State of California that is described in Attachment No. 1 (the "Site'D. B. The Agency is interested in developing the Site with workforce housing, commercial improvements and a water park (the "Project"). C. The Agency has instructed the Agency's staff to proceed with this Agreement between Agency and Developer to negotiate on an exclusive basis to establish the terms and conditions of a "disposition and development agreement" ("DDA") that would result in the Developer's development of the Site with the understanding that the Agency shall be under no obligation to reach agreement on the terms thereof with Developer. D. The Developer and the Agency are willing to enter into this Agreement setting forth, among other things, the terns pursuant to which the Agency will negotiate with the veveioper on an exclusive basis for a limited period regarding the Project and the proposed llllA. E. The staff, consultants and attorneys of the Agency have devoted and/or will devote substantial time and effort in meeting with the Developer and its representatives, reviewing and preparing proposals, plans and reports, and negotiating and preparing the terms of this Agreement and the proposed DDA: NOW, THEREFORE, the Parties hereto agree as follows: I. The term of this Agreement shall commence on the date hereof and shall end on the earlier of: (i) March 9, 2009 i.e., six months after the date hereof), or (ii) the date on which the Agency or Developer terminates this Agreement as provided in Section 2 below (the "ENA Period"). Provided that the Developer is not in default under this Agreement and that the Agency has not terminated this Agreement pursuant to Section 2 below, the ENA period may be extended by the mutual written agreement of Developer and the Executive Director of the Agency (acting for the Agency, and acting in his sole and absolute discretion) up to three (3) separate rimes for a period of up to three (3) months each time i.e., for a maximum of nine months in the aggregate). 2. Either party may terminate this Agreement if the other party fails to comply with or perform any provisions of this Agreement and fails to cure the default within thirty (30) days after written notice from the other party. 3. During the ENA Period (as extended under Section 1, if applicable), the Agency shall not negotiate with any person or entity other than the Developer for the sale, lease or development of the Site. 4. The Developer shall deliver the materials and information identified on Attachment No. 2 attached hereto to the Agency within the times set forth on Attachment No. 2. Concurrently with the execution of this Agreement, the Developer and the Agency shall execute and deliver a Right of Entry and Access Agreement in the form attached hereto as Attachment No. 3. 5. During the ENA Period (as extended under Section 1, if applicable), the Agency shall use good faith efforts to complete (or cause to be completed) the matters set forth in Attachment No. 4 attached hereto. Throughout the ENA Period, Agency staff shall use good faith efforts to be reasonably available to meet with the Developer to discuss the Project and the proposed DDA. 6. Excluding reimbursement for Agency staff time, Developer shall reimburse Agency for up to $50,000 of Agency's actual out-of-pocket costs and expenses (including legal fees and costs and consultants' fees and costs) incurred in preparing this Agreement and fulfilling its obligations under this Agreement from the date hereof, including, but not limited to: (i) the costs of compliance with the California Environmental Quality Act ("CEQA"); (ii) the cost of negotiating and preparing the DDA and related documents; and (iii) the costs of reviewing reports and plans relating to the Project (collectively, the "Reimbursable Costs"). Concurrently with its execution of this Agreement, Developer shall deposit with the Agency the sum of Fifty Thousand and No/100 Dollars ($50,000.00) (the "Reimbursement Funds"). The Reimbursement Funds shall be used and applied from time to time by the Agency to pay or reimburse itself for the Reimbursable Costs. The A encv shall provide the Developer a statement of Agency expenditures for every ninety (9 day period. Said statement shall be In the event this Agreement is terminated by Agency under Section 2, the Reimbursement Funds shall be retained by Agency. In the event this Agreement is terminated by Developer under Section 2, the Reimbursement Funds shall be refunded to Developer. In the event that this ENA expires and a DDA is not approved and executed, then any unused Reimbursement Funds shall be returned to the Developer. If a DDA is negotiated, signed by Developer and submitted by Agency staff for approval by the Agency board, and the Agency board does not approve the DDA (due to an unacceptable material business term) or approves the DDA subject to a change in a material business term, then the Reimbursement Funds shall be refunded to Developer. The provisions of this Section shall survive the expiration or earlier termination of this Agreement. 7. The Agency and Developer acknowledge that all applicable requirements of CEQA must be met in order to approve the DDA and that this may require an environmental 2 impact report, supplemental environmental impact report and/or other reports or analyses for CEQA purposes (collectively, the "EIR"). The Developer will, at its cost, fully cooperate with the Agency as the lead agency for the EIR. The EIR shall be prepared by Agency or its consultants at Developer's cost. 8. The Developer shall also bear all costs and expenses of any and all title, environmental, physical, engineering, financial, and feasibility investigations, reports and analyses and other analyses or activities performed by or for the Developer. 9. The Developer and the Agency understand and agree that neither Party is under any obligation whatsoever to enter into a DDA. In the event of the expiration or earlier termination of this Agreement, the Agency shall be free at the Agency's option to negotiate with any persons or entities with respect to the sale, lease and/or development of the Site. 10. This Agreement may not be assigned by the Developer without the prior express written consent of the Agency in its sole and absolute discretion. 11. Any notice, request, approval or other communication to be provided by one Party to the other shall be in writing and provided by personal service or a reputable overnight delivery service (such as Federal Express) and addressed as follows: If to the Agency: Redevelopment Agency of the City of Temecule- 43200 Business Park Drive Temecula, California 92589-9033 Attn: John Meyer with a copy to: Richards, Watson & Gershon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 Attn: Bruce Galloway If to the Developer: R.C. Hobbs Company 1110 East Chapman Avenue, Suite 206 Orange, California 92866 Attn: Roger C. Hobbs, President 12. For purposes of the negotiations contemplated by this Agreement, the Developer's representative shall be Roger C. Hobbs (Phone: (714) 633-8100; Email: rch@rchobbs.com), and the Agency's representative shall be John Meyer (Phone: (951) 694-6412; Email: john.meyer@cityoftemecula.org). 3 13. This Agreement constitutes the entire agreement of the Parties hereto with respect to the subject matter hereof. There are no other agreements or understandings between the Parties with respect to the subject matter hereof or any related subject and no representations by either Party to the other have been made as an inducement to enter into this Agreement. All prior negotiations between the Parties are superseded by this Agreement. 14. This Agreement may not be altered, amended or modified except by a writing executed by all Parties. 15. If any Party should bring any legal action or proceeding relating to this agreement or to enforce any provision hereof, or if the Parties agree to arbitration or mediation relating to this Agreement, the Party in whose favor a judgment or decision is rendered shall be entitled to recover reasonable attorneys' fees and expenses from the other. The Parties agree that any legal action or proceeding or agreed-upon arbitration or mediation shall be. filed in and shall occur in the County of Riverside. 16. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of California. 17. Time is of the essence of each and every provision hereof. 18. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. 4 IN WTINESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above. DEVELOPER: RC HOBBS CO., a California corpXaa~in Print Name: ~1 S CM: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic By Ron Robert , Ch ersor_ APP ED AS TO FORM: Peter Thorson, Agency Counsel 5 ATTACHMENT NO.1 DESCRIPTION OF SITE 6 LEGAL DESCRIPTION CAMPUSSTTE Mamh 16.2004 "IAT CERTAIN PARCEL OF LAND, BRING DESCRIBED AS A PORTION OF PARCEL 1 OF PARCEL MAP No. 4646, THE CITY. OF TEMECUTA, COUNTY OF RIVERSIDE, STATE OF. CALIFORNIA, ACCORDING TO A MAP ✓ THEREOP FILED IN BOOK 6 PAGE 75 OF PARCEL MAPS; RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS.FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG TUB NORTHEASTERLY BOUNDARY THEREOF, (SAW NORTHEASTERLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER CHANNEL EASEMENT TO THE COUNTY OF RIVBRSIDB AS RECORDED SEPTEMBER 13, 1939, PER BOOK 434. PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 41.42' 22" LAST 19.08 FEET TO THE BEGINNING OF A TANGENT, 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 6. 36" 30". 461.35 FEET; THENCE TANGENT TO SAW CURVE, SOUTH 46' t8" 52" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN EASEMENT (66.00 PERT WIDE). DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 152905, OF OFFICIAL RF,ORDS OP SAID COUNTY, RECORDED NOVEMBER 16, 1972 AND THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 43.58' 46" WEST 1387.89 FEET TO THE BEGINNING OF A TANGENT, SSOAO FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 2S• Sr 42-.581.91 FEET' SOUTH 20' 08' 3r NORTH 410 50, 2r WEST TO A POINT TO WHICH A, RADIAL 1001.63 FRET TO A POINT W TIM NOR ETHWFS~CE~RLY LINE OF SAID PARCEL;I.DENCNT 680.60 FEET MOM THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE NORTH 48' 09' 38" FAST t680.60 FEET TO THE POINT OF EEO04NIN0. -CONTAINS AN AREA OF 40.00 ACRES, MORE OR LESS. EXCEPTING THE NORTHEASTERLY 4.15 ACRES OF SAW PARCEL BEING FURTHER DESCRIBED AS FOLLOWS: )INNING AT THE MOST NORTHERLY COMM OF SAID PARCEL 1: THENCE ALONG THE NORTHEASTERLY OUNDARY THEREOF, (SAID NORTHEASTERLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER CHANNEL BASEMENT TO THE COUNTY OF RIVERSIDE AS RECORDED. SEPTEMBER 13, 1939, PER BOOK 434, PAGE--108 OF OFFICIAL. RECORDS OF SAID COUNL'Y), SOUTH 41.42.22" EAST 19.08 FEETTO THE BEGINNING OF A TANGENT, 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY, ALONG THE:ARCOF SAID CURVE, THROUGH A CENTRAL ANCLE OF S 36" 30", 461.35 FEET; THENCE TANGENT TO SAID ;CURVE, SOUTH 48• IS" 52" BAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN EASEMENT (66.00 PEST WIDE) DEDICATED TO TIM COUNTY OF RIVERSIDE PER INSTRUMENT NO.152905, OF OFFICIAL RECORDS OF SAID COUNTY, RECORDED NOVEMBER 16,1972 AND THE MOSTEASTERLY CORNER OF SAID PARCEL 1; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND AlJ)NO THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 43.38' 46" WEST 202A6 FEET TO THE NORTIiEASTERLY RIGHT-OF•WAY L1NB OF D1AZ ROAD: THENCE NORTH 46° 01' t4" WEST 641.13 FEET TO THE BBOINNE'1G OF A TANGENT, 4180AD FOOT RADIUS CURYB CONCAVE NORTFEASTIDLLY, THENCE NGRTHWBS'fERLY, ALONG THE ARC OP SAW CURVE. THROl1OH A CENTRAL ANGLE OF 04. 19' t7", 315.27 FEET: THENCE TANGENT TO SAW CURVE NORTH 4I. 42'22" WB$T, 6.62 FEET TO A PDTNT IN THB NORT'HLS'ESI'IDtLY LING OF SAID PpR.CE[.1, DISTANT IBOAO PEST FROM TIES MOST NORTHERLY CORNER OP SAID PARCEL 1; THENCBNORTH 48.09' 38" FAST I80.OO PEETTO'THE POD4TOF BEORINDIG. CONTAINS AN AREA OF 4.15 ACRES, MORE OR LESS.. THE NET ONS,'RES7RIGTIONS, RIGHTS, RIG OHTSAF.WAY MAY EASEMENTS, ANY OF RECORD IT[ONS. RESERVATI Q~oF sr PREP UNDER MY SUPERVISION: tT/ ti RONALD R PARRS .JALD J. PARKS No. 19744 IPUTY DIRECTOR OF PUBLIC WORKS .10ISTEREDCIVIL ENGINEER NO.19744 R"IRES9.3US CIVIL ~~OF OA4\L0~ nwuww•ecwraoim.a~enx 7 Meroh 15. 2004 LEGAL DESCRIPTION CAMPUS SITE -IAT CERTAIN PARCEL OF LAND, BEINO DESCRIBED AS A PORTION OF PARCEL 1 OF PARCEL MAP NO. 4646, 'TINE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF. CALIFORNIA, ACCORDING TO A MAP THEREOP FILED IN BOOR 6 PAGE 75 OF PARCEL MAPS; RECORDS OF SAID COUNTY- 'ORB PARTICULARLY DESCRIBED AS.FOLLOWS: BEGINNINO AT THE MOST NORTHERLY CORNER OF SAID PARCEL I; THENCE ALONG THE NORTHEASTERLY BOUNDARY THEREOF, (SAID NORTHEASTERLY BOUNDARY BEING ALSO THE CENTERLINB OF RIVER CHANNEL BASEMENT TO THE COUNTY OF RIVBRSIDS AS RECORDED SEPTEMBER 13, 1939. PER BOOK 434. PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY),.SOUTH 41-42'2r EAST 19A8 FEET TO THE BEGINNING OF A TANGENT. 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY: THENCE SOUTHEASTERLY. ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 6.36" 30". 461.35 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 4S' 18" 52" EAST 482,01 FBST TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN BASEMENT (66.00 FEET WIDE) DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 152905, OF OFFICIAL REORDS OF SAID COUNTY, RECORDED NOVEMBER 16, 1972 AND THE MOST EASTERLY CORNER OF S PARCEL I; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL. 1, SOUTH 43.58' 4B' WEST 1387.89 FEET TO THE BEGINNING OF A TANGENT, 850.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25.32'4r. 383.91 FEET TO A POINT TO WINCH A RADIAL LINE BEARS SOUTH 20' 08' 32" EAST: THENCE NORTH 41" 50' 22" WSST I001.63 -FRET TO A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT 1680.60 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL l; THENCE NORTH 48' 09' 38" BAST 1680.60 FEET TO THE POINT OF BEOITINING.. CONTAINS AN AREA OF 40.00 ACRES, MORE OR LESS. EXCEPTING THE NORTHEASTERLY 4.15 ACRES OF SAID PARCEL BEING FURTHER DESCRIBED AS FOLLOWS: )1NNIN0 AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHEASTERLY .UUNDARY THEREOF, (SAID NORTHEASTERLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDE AS RECORDED SEPTEMBBR !3,1939, PER BOOK 434, PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 41' 42' 22" EAST 19.08 FEET TO THE BEGINNING OF A 'TANGENT, 4000.00 FOOT I:ADIUS CURVE CONGtl^E NORTHSTASTERLY: THENCE SOUTHEASTERLY, ALONG THE' ARC OF SAID CURVE, THROUGH A CENTRAL ANOLB OF 6' 36" 30", 461.35 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 48. 15" 52" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THIS CSHTMUZNB OF AN BASEMENT (66.00 FEET WIDE) DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO, 152M, OF OFFICIAL RECORDS OF SAID COUNTY, RECORDED NOVEMBER. 16, 1972 AND THE MOST EASTERLY CORNER OF SAID PARCEL l; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY. AND ALONG THE GENERAL SOUTHBASTERLY LIM OF SAID PARCEL 1, SOUTH 43' 58'46" WEST 202A6 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LRIE OF DIAZ ROAD; THENCE NORTH 48' 01. 14" WEST 641.73 FEET TO THE BEGINNING OF A TANGENT, 4180.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE OF 04' 19' l7", 315.27 FEET: THENCE TANGENT TO SAID CURVE NORTH 41' 42'.22" WEST, 18.62 FRET TO A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT 180.00 PEST FROM THE M. NORTHERLY CORNER OF RAm PARCEL I! THENCBNORTH 48' 09' 78" EAST 180.00 FEET TO THEPOINTOP BEGINNING. CONTAINS AN AREA OF 4AS ACRES, MOREOR LESS. THE NET AREA OF 35.85 ACRES, MORE OR LESS, MAY BE SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS. RESTRICTIONS. RIGHTS, RIGHTS-OF-WAY AND BASEMENTS, IF ANY OF RECORD. QgOF 8 PREPERVISION: PAK J R ALD w . No. 19744 'iPUTY DIRECTOR OF PUBLIC WORKS OISTBRFD CIVIL BNOINEBRNO. 19744 EXPIRES9.30-05 gVll P ~ N OF.CAL1 m,.awmua,+w~wmw,x ATTACHMENT NO.2 MATERIALS TO BE DELIVERED BY DEVELOPER TO THE AGENCY 1. Within thirty (30) days after the date of this Agreement, Developer shall deliver to Agency a site plan and concept drawings identifying building location and dimensions, uses, parking, landscaping areas and proposed design characteristics of the Project. (Agency staff shall then review the same for the purpose of issuing a non-binding preliminary approval or disapproval thereof.) 2. Within one hundred and twenty (120) days after the date of this Agreement, Developer shall submit to Agency in a form acceptable to Agency staff. (i) a list of the sources of equity required for the Project and the proposed structure for investment of the equity, a list of the contemplated sources of debt financing for the Project, the projected costs of development of the Project, and the percentages of the costs that will be paid from equity and debt, respectively; (ii) a financial proforma for the Project on a phase by phase basis, if applicable, reflecting all projected Project income and revenues with a comparison to anticipated operating costs; and (iii) a financial analysis of the Project setting forth the. Developer's projected return on its investment in the Project and a detailed description of the assistance or subsidy requested by Developer of Agency (if any) and the manner in which it was calculated. 3. Within one hundred and twenty (120) days after the date of this Agreement, Developer shall submit to Agency a list of potential major tenants and/or types of major tenants for space at the Project, together with, on a phase by phase basis, if applicable, the details of the type and size of spaces such tenants which may be interested in and the time periods for potential occupancy for such tenants, together with such tenant letters of intent as may be obtainable. 4. Within one hundred and twenty (120) days after the date of this Agreement, Developer shall submit to Agency a schedule of development setting forth the proposed timetable for the commencement, substantial completion and final completion of each component of the Project (the "Development Schedule"). 5. Within one hundred and twenty (120) days after the date of this Agreement, the Developer shall (subject to the terms of the Right of Entry and Access Agreement executed by Agency and Developer pursuant to and concurrently with this Agreement) investigate physical condition of the Site (including the soils thereon) and submit to the Agency in writing any and all objections Developer may have to the physical condition of the Site together with a detailed written explanation of the reasons for each objection. 6. Within one hundred and twenty (120) days after the date of this Agreement, Developer shall (i) obtain a title report for the Site and copies of the title exceptions described therein, (and deliver a copy to the Agency); (ii) submit to Agency an ALTA survey of the Site certified to Developer and its title company based on the title report; and (iii) submit 9 to Agency Developer's written objections to any matter revealed by such survey or title report and a detailed written explanation of the reason for such objections. 7. Prior to execution of the DDA, the Developer shall submit to the Agency for its review and approval all organizational documents for the entities signing the DDA (and, to the extent requested by Agency, information, certifications and/or documents relating to the ownership, control, financial condition and signing authority of the direct and indirect owners and managers of each such entity). 8. Developer shall also diligently prepare and revise the EIR (as defined in the Agreement) to the extent permitted by the negotiations. 10 ATTACHMENT NO.3 FORM OF RIGHT OF ENTRY AND ACCESS AGREEMENT (Attached.) 11 RIGHT OF ENTRY AND ACCESS AGREEMENT THIS RIGHT OF ENTRY AND ACCESS AGREEMENT (herein called this "Agreement") is made and entered into as of September 9, 2008, by the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency"), and RC HOBBS CO., a California corporation (the "Developer") WITNESSETH: WHEREAS, the Agency is the owner of the real property more particularly described on Exhibit "A", attached hereto (herein called the "Site"); WHEREAS, the Agency and the Developer have entered into a Exclusive Negotiating Agreement related to the Site (the "ENA" WHEREAS, the Developer needs the right of entry upon and access to the Site for the purpose of undertaking tests, inspections and other due diligence activities (herein called the "Due Diligence Activities") in connection with the proposed acquisition and development of the Site by Developer; WHEREAS, the Agency has agreed to give Developer a non-exclusive license to enter upon the Site to perform the Due Diligence Activities subject to and in accordance with the terms and provisions of this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreements contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Agency and the Developer do hereby covenant and agree as follows: I. Access by Developer. Subject to Developer's compliance with the terms and provisions of this Agreement, Developer and Developer's employees, agents and consultants designated in writing by Developer to Agency (herein collectively called "Developer's Designees") shall have the right to enter upon the Site for the purpose of conducting the Due Diligence Activities, until the earliest to occur of: (i) the expiration or earlier termination of the ENA; (ii) the termination of this Agreement; or (iii) the execution of the DDA contemplated by the ENA. Developer expressly agrees as follows: (i) any activities by or on behalf of Developer, including, without limitation, the entry by Developer or Developer's Designees onto the Site in connection with the Due Diligence Activities shall not damage the Site in any manner whatsoever except for minor damage normally resulting from typical site investigation activities such as soil borings and ground water testing; (ii) in the event the Site is altered or disturbed in any manner in connection with the Due Diligence Activities, Developer shall immediately return the Site to the condition existing prior to the Due Diligence Activities (unless otherwise agreed in writing by the Executive Director of the Agency), and (iii) Developer shall indemnify, defend and hold Grantor harmless from and against any and all claims, liens, liabilities, damages, losses, costs and expenses of any kind or nature whatsoever (including, without limitation, attorneys' 12 fees and expenses and court costs) suffered, incurred or sustained by the Agency or the Site as a result of, by reason of, or in connection with the Due Diligence Activities or the entry by Developer or Developer's Designees onto the Site, except to the extent they are caused by the gross negligence or willful misconduct of the Agency, or its agents, contractors or employees. 2. Insurance. Developer shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Developer, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability form No. CG 00 011185 or 88. Insurance Services Office Business Auto Coverage form CA 00 0106 92 covering Automobile Liability, code 1 (any auto). If the Developer owns no automobiles, a non- owned auto endorsement to the General Liability policy described above is acceptable. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Developer has no employees while performing under this Agreement, workers compensation insurance is not required, but Developer shall execute a declaration that it has no employees. Minimum Limits of Insurance. Developer shall maintain limits no less than: 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. Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, the Community Services District, the Agency and their 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 Developer; products and completed operations of the Developer; premises owned, occupied or used by the Developer; or automobiles owned, leased, hired or borrowed by the Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Community Services District, the Agency and their officers, officials, employees and volunteers. 13 For any claims related to this project, the Developer's insurance coverage shall be primary insurance as respects the city, the Community Services District, the Agency and their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, the Community Services District, the Agency or their officers, officials, employees or volunteers shall be excess of the Developer's insurance and shall not contribute with it. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Community Services District, the Agency and their officers, officials, employees and volunteers. The Developers 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. Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the Agency. If insurance coverage is cancelled or, reduced in coverage or in limits the Developer shall within two (2) business days of notice from insurer phone, fax, and/or notify the Agency via certified mail, return receipt requested of the changes to or cancellation of the policy. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's raring of no less than A:VII, unless otherwise acceptable to the Agency. Self insurance shall not be considered to comply with these insurance requirements. Verification of Coverage. Developer shall furnish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Agency. All endorsements are to be received and approved by the Agency before work commences. As an alternative to the Agency's forms, the Developer's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 3. Limitations; No Recording. Agency does not hereby convey to Developer any right, title or interest in or to the Property, but merely grants the specific and limited contractual rights set forth herein. In no event shall this Agreement or any memorandum hereof be recorded, and any such recordation or attempted recordation shall constitute a breach of this Agreement and the ENA by the party responsible for such recordation or attempted recordation. 4. Notices. Whenever any notice, demand, or request is required or permitted under this Agreement, such notice, demand, or request shall be in writing and shall be addressed and delivered as provided in the notices provision of the ENA. 5. Assignment. This Agreement may not be assigned by Developer, in whole or in part, without the prior express written consent of the Agency in its sole and absolute discretion. 14 6. Governing Law. This Agreement shall be construed, enforced and interpreted in accordance with the laws of the State of California. 7. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same agreement. IN WITNESS WHEREOF, Agency and Developer have caused this Agreement to be executed and sealed, all the day and year first written above. 15 DEVELOPER: RC HOBBS CO., a California corporation Print Name: CITY: REDEVELOPMENT OF THE CITY OF TEMECULA, a public body, corporate and politic Ron Roberts, Chairperson ATTEST: Susan Jones, MMC, City Clerk Agency Secretary APPROVED AS TO FORM: Peter Thorson, Agency Counsel 16 EXHIBIT A to Right of Entry and Access Agreement Description Of The Site 17 o~tis~ RIGHT OF ENTRY AND ACCESS AGREEMENT THIS RIGHT OF ENTRY AND ACCESS AGREEMENT (herein called this "Agreement") is made and entered into as of September 9, 2008, by the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency"), and RC HOBBS CO., a California corporation (the "Developer") WITNESSETH: WHEREAS, the Agency is the owner of the real property more particularly described on Exhibit "A", attached hereto (herein called the "Site"); WHEREAS, the Agency and the Developer have entered into a Exclusive Negotiating Agreement related to the Site (the "ENA" WHEREAS, the Developer needs the right of entry upon and access to the Site for the purpose of undertaking tests, inspections and other due diligence activities (herein called the "Due Diligence Activities") in connection with the proposed acquisition and development of the Site by Developer; WHEREAS, the Agency has agreed to give Developer a non-exclusive license to enter upon the Site to perform the Due Diligence Activities subject to and in accordance with the terms and provisions of this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreements contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Agency and the Developer do hereby covenant and agree as follows: 1. Access by Developer. Subject to Developer's compliance with the terms and provisions of this Agreement, Developer and Developer's employees, agents and consultants designated in writing by Developer to Agency (herein collectively called "Developer's Designees") shall have the right to enter upon the Site for the purpose of conducting the Due Diligence Activities, until the earliest to occur of: (i) the expiration or earlier tennination of the ENA; (ii) the termination of this Agreement; or (iii) the execution of the DDA contemplated by the ENA. Developer expressly agrees as follows: (i) any activities by or on behalf of Developer, including, without limitation, the entry by Developer or Developer's Designees onto the Site in connection with the Due Diligence Activities shall not damage the Site in any manner whatsoever except for minor damage normally resulting from typical site investigation activities such as soil borings and ground water testing; (ii) in the event the Site is altered or disturbed in any manner in connection with the Due Diligence Activities, Developer shall immediately return the Site to the condition existing prior to the Due Diligence Activities (unless otherwise agreed in writing by the Executive Director of the Agency), and (iii) Developer shall indemnify, defend and hold Grantor harmless from and against any and all claims, liens, liabilities, damages, losses, costs and expenses of any kind or nature whatsoever (including, without limitation, attorneys' t:c LEGAL DESCRIPTION CAMPUS SITE March 15, 2004 •lAT CERTAIN PARCEL OF LAND, BEING DESCRIBED AS A PORTION OF PARCEL 1 OF PARCEL MAP NO. 4646. 'THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO A MAP yTHEREOF FILED IN BOOK 6 PAGE 75 OF PARCEL MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL I; THENCE ALONG THE NORTHEASTERLY BOUNDARY THEREOF, (SAID NORTHEASTERLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER 434. CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDE AS RECORDED SEPTEMBER 13, To THE BEGINNING 1939, PER BOOK OF PAGE log OF RECORDS OF SAID A TANGENT,040D0.00 FOOT RADIUS CURVE NCAVB NORTHEASTERLY; THENCE SOUTHEASTERLY. ALONG THE ARC OFSAID CURVE, THROUGH A CENTRAL ANGLE OF 6° 36" 30-,461.35 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 48. 18" 52" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN EASEMENT (66.00 FEET WIDE). DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 152905, OF OFFICIAL REORDS OF SAID COUNTY. RECORDED NOVEMBER. 16, 1972 AND THE MOST EASTERLY CORNER OF SAJD PARCEL 1; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND ALONG THE ORNERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 43° 58' 46" WEST 1387.89 FEET TO THE BEGINNING OP A TANGENT. 850.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE . SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25' 52' 42", 38331 FEET TO A POINT TO WHICH A RADIAL LINE BRARS SOUTH 20108' 32" BAST; THENCE NORTH 41° 50' 22" WEST 1001,63 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL I, DISTANT 1680.60 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE NORTH 480 09' 38" EAST 1680.60 FEET TO THE POINT OFBSOWNrNG. CONTAINS AN AREA OF 40.00 ACRES, MORE OR LESS. EXCEPTING THE NORTHEASTERLY 4.15 ACRES OF SAID PARCEL BEING FURTHER DESCRIBED AS FOLLOWS. WKWO AT THE MOST NORTHERLY CORNER OF SAID PARCEL. 1; THENCE ALONG THE NORTHEASTERLY .UUNDARY THEREOF, (SAID NORTHEASTERLY BOUNDARY BEING ALSO THE CENTBAL NE OF RIVER `CHANNEL BASEMENT TO TRIO COUNTY OF RIVERSIDE AS RECORDED SEPTEMBER 13, 1939, PER BOOK 434, PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY). SOUTH 41° 42' 22" EAST 19.08 FEBTTO THE BEGINNING OF ATANGENT, 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY. ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 6° 3&'3W', 461.35 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 480 18" 52" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN EASEMENT (66.00 FEET WIDE) DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 152905, OF OFFICIAL. RECORDS OF SAID COUNTY, RECORDED NOVEMBER 16, 1972 AND THE MOST. EASTERLY CORNER OF SAID PARCEL 1; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND 3.58' 46" WEST 202.06 FEET TO THE ALONG THE GENERAL SOUTHEASTERLY L11460F SAID PARCEL I, SOUTn" NORTHgA31ERLY RIGHT OF•WAY LING OF D1AZ ROAD; THENCE NORTH 46° O1' LA" WEST 641.73 FEET TO THE ROUGH A~L GLE O F1 BEGINNING OF Y. ALON LO CURVE, TH CURVE NORTFEET. TNCB Y TGENT EARVE NORTH 1 80 ° 42'.22" W1652 FEETO A PONORTOP Pe, DISTANT no PEEP FROM THE MOST NORTHERLY CORNER OP SAM PARCEL I; TFIENCENORTH 48° 09' 38"EAST 180.00 PBET70'THE F0INTOP BEGINNING. CONTAINS. AN AREA OF 4.15 ACRES, MORE OR LESS. THE NET AREA OF 35.85 ACRES, MORE OR LESS, MAY BE SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF-WAY AND BASEMENTS, IF ANY OF RECORD. PREP ~F SJ/ UNDER MYFUPBRV]SlON: R PARKS J. PARK ,4ALD J. PARKS, Na. 19744 1FUTY DIRECTOR OF PUBLIC WORKS ,IGISTBMCIVILENGINEERNO.19744 IDGRES9.30.05. 'CIVIL `7F A OF CAL1F0~ av nxew ca wr+°cwe ,m, 18 ATTACHMENT NO.4 AGENCY TASKS 1. Provide to Developer all currently existing plans, studies and other written information regarding the Site that are in the possession of the Agency (to the extent not previously delivered to Developer). 2. Obtain a fair market value appraisal of the Site. 3. Review the Developer's Site Plans, concept drawings and other submissions. 4. Cause the EIR to be prepared and review the EIR (as defined in this Agreement). 5. Prepare and revise drafts of the DDA to the extent reasonably permitted by the negotiations. 19 fees and expenses and court costs) suffered, incurred or sustained by the Agency or the Site as a result of, by reason of, or in connection with the Due Diligence Activities or the entry by Developer or Developer's Designees onto the Site, except to the extent they are caused by the gross negligence or willful misconduct of the Agency, or its agents, contractors or employees. 2. Insurance. Developer shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Developer, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Developer owns no automobiles, a non- owned auto endorsement to the General Liability policy described above is acceptable. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Developer has no employees while performing under this Agreement, worker's compensation insurance is not required, but Developer shall execute a declaration that it has no employees. Minimum Limits of Insurance. Developer shall maintain limits no less than: 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. Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, the Community Services District, the Agency and their 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 Developer; products and completed operations of the Developer; premises owned, occupied or used by the Developer; or automobiles owned, leased, hired or borrowed by the Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Community Services District, the Agency and their officers, officials, employees and volunteers. 13 b. Governing Law. This Agreement shall be construed, enforced and interpreted in accordance with the laws of the State of California. 7. Counteroarts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same agreement. IN WITNESS WHEREOF, Agency and Developer have caused this Agreement to be executed and sealed, all the day and year first written above. 15 DEVELOPER: RC HOBBS CO., a Califo c rporation By: ev, Print Name: f-ets CITY: REDEVELOPMENT OF THE CITY OF TEMECULA, a public body, corporate and politic By: Ron Roberts, Chairperson ATTEST: APPROVED AS TO FORM: Peter Thorson, Agency Counsel 16 EXHIBIT A to Right of Entry and Access Agreement Description Of The Site 17 March 15, 2004 LEGALDESCRIPTION CAMPUS STTE •IAT CERTAIN PARCEL OF LAND. BEING DESCRIBED AS A PORTION OF PARCEL 1 OF PARCEL MAP N0.4646, THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALBTORNIA, ACCORDING TO A MAP THEREOF FILM IN BOOK 6 PAGE 75 OF PARCEL MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS.POLLOWS: BBGINNINO AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE, ALONG THE NORTHEASTERLY BOUNDARY THEREOF. (SAID NORTHEASTERLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDE AS RECORDED SEPTEMBER 13, 1939, PER BOOK 434, PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY),SOUTH 41.42' 22" EAST 19,08 FEBTTO THE BEGINNING OF A TANGENT. 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY. ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL AN01Z OF 6. 36" 30". 461.35 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 48. 18" 52" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN BASEMENT (66.OD FEET WIDE) DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 15290S, OF OFFICIAL REORDS OF SAID COUNTY. RECORDED NOVEMBER 16, 1972 AND THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL L SOUTH 430 58' 46" WEST 1387.89 FEET TO THE BEGINNING OF A TANGENT, 850.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 250 Sr 42", 383.91 PEST TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 20' 08' 32" EAST; THENCE NORTH 410 50. 22" WEST 1001 A3 FEET TO A POINT IN THE NORTHWESIBAI.Y LINE OF SAM PARCEL 1, DISTANT 1680.60 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL I; THENCE NORTH 4V 09' 38" EAST 1660.60 FEET TO THE POINT OFBEGEyN1NG. CONTAINS AN AREA OF 40.00 ACRES, MORE OR LESS. EXCEPTING THE NORTHEASTERLY 4. IS ACRES OF SAID PARCEL BEING FURTHER DESCRIBED AS FOLLOWS: )INNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHEASTERLY VUNDARY THEREOF, (SAID NORTHEASTERLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER - CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDE AS RECORDED SEPTEMBER 13, 1939, PER BOOK 434, PACE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 41.42' 22" EAST 19.08 FRET TO THE BEGINNING OF A TANGENT, 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 60 36" 30", 46135 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 480 IS" 52" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN EASEMENT (66.00 FEET WIDE) DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. IS2905, OF OFFICIAL RECORDS OF SAID COUNTY, RECORDED NOVEMBER 16,1972 AND THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 430 SS' 46" WEST 202A6 FBETTO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF DIAZ ROAD; THENCE NORTH 460 01' 14" WEST 641.73 FEET TO THE BEGINININO OF A TANGENT, 4180.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL. ANGLE OF 040 19' 17", 31527 FEET; THENCE TANGENT TO SAID CURVE NORTH 410 42'.2T' WEST, 18.62 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT IBM FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL I; THBNCB WORTH 48009' 36" EAST IS&OO FEET TO THE POINT OF BEGINNING. CONTAINS AN AREA OF 4.15 ACRES, MORE OR LESS. THE NET AREA OF 35.83 ACRES, MORE OR LESS, MAY BE SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS. RIGHTS, RIGHTS•ORWAY AND EASEMENTT%IF ANY OF RECORD. . e//11FE98111 t PREP UNDER MY FBRVISION: -s JALD L PARKS 'TUTY DIRECTOR OF PUBLIC WORKS .10WERED CIVIL ENGINEER NO. 19744 EXPIRES 91-30-05 In NO. 19744 F CIVIL OF 0 AL1F0~~ nw.wnertaeouraampamuam 18 ATTACHMENT NO.4 AGENCY TASKS 1. Provide to Developer all currently existing plans, studies and other written information regarding the Site that are in the possession of the Agency (to the extent not previously delivered to Developer). 2. Obtain a fair market value appraisal of the Site. 3. Review the Developer's Site Plans, concept drawings and other submissions. 4. Cause the EIR to be prepared and review the EIR (as defined in this Agreement). 5. Prepare and revise drafts of the DDA to the extent reasonably permitted by the negotiations. 19 08257 MINUTE ACTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CALIFORNIA DATE: September 10, 2008 MEETING OF: September 9, 2008 AGENDA ITEM NUMBER: 17 SUBJECT: Exclusive Negotiating Agreement with the RC Hobbs Company The motion was made by Agency Member Naggar, and seconded by Agency Member Comerchero, to approve staff recommendation. RECOMMENDATION: 17.1 Approve an Exclusive Negotiating Agreement between the Agency and the RC Hobbs Company. The motion carried by the following vote: AYES: 5 AGENCY MEMBERS: Comerchero, Edwards, Nagger, Washington, Roberts NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS None ABSTAIN: 0 AGENCY MEMBERS None STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Agency Secretary for the City of Temecula Redevelopment Agency, DO HEREBY CERTIFY, under penalty of perjury, the foregoing to be the official action taken by the Board of Directors of the Temecula Redevelopment Agency at the above meeting. IN WITNESS WHEREOF, I have hereunto set my hand and seal this tenth day of September, 2008.: [SEAL] R:/Minute Orders/090908 - I For any claims related to this project, the Developer's insurance coverage shall be primary insurance as respects the City, the Community Services District, the Agency and their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, the Community Services District, the Agency or their officers, officials, employees or volunteers shall be excess of the Developer's insurance and shall not contribute with it. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Community Services District, the Agency and their officers, officials, employees and volunteers. The Developer'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. Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the Agency. If insurance coverage is cancelled or, reduced in coverage or in limits the Developer shall within two (2) business days of notice from insurer phone, fax, and/or notify the Agency via certified mail, return receipt requested of the changes to or cancellation of the policy. 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 Agency. Self . insurance shall not be considered to comply with these insurance requirements. Verification of Coverage. Developer shall furnish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Agency. All endorsements are to be received and approved by the Agency before work commences. As an alternative to the Agency's forms, the Developer's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 3. Limitations; No Recording. Agency does not hereby convey to Developer any right, title or interest in or to the Property, but merely grants the specific and limited contractual rights set forth herein. In no event shall this Agreement or any memorandum hereof be recorded, and any such recordation or attempted recordation shall constitute a breach of this Agreement and the ENA by the party responsible for such recordation or attempted recordation. 4 Notices. Whenever any notice, demand, or request is required or permitted under this Agreement, such notice, demand, or request shall be in writing and shall be addressed and delivered as provided in the notices provision of the ENA. 5; Assignment. This Agreement may not be assigned by Developer, in whole or in part, without the prior express written consent of the Agency in its sole and absolute discretion. 14 Qq. L/i"1 JAN 3 0 ---.1 FIRST AMENDMENT TO EXCLUSIVE NEGOTFj AGREEMENT BETWEEN REDEVELOPMENT THE CITY OF TEMECULA AND RC HOBBS CO. THIS FIRST AMENDMENT to Exclusive Negotiation Agreement is made and entered into as of January 28, 2009 by and between the Redevelopment Agency of the City of Temecula, a public body corporate and politic ("Agency") and RC Hobbs Co., a California corporation ("Developer"). In consideration of the mutual promises set forth herein, the parties agree as follows: 1. Recitals. This First Amendment is made with respect to the following facts and purposes, which the parties hereto agree to be true and correct: A. On September 9, 2008, the parties entered into that certain "Exclusive Negotiating Agreement" ("Agreement"). B. The purpose of the Agreement is to set forth, among other things, the terms pursuant to which the Agency will negotiate with the Developer on an exclusive basis for a limited period regarding the Project and the proposed Disposition and Development Agreement. C. The parties have been working diligently to move the Project forward and resolve the on-site grading and off-site improvement issues and Agency finds that Developer is not in default of its obligations under the Agreement. D. The parties now desire to extend the term of the Agreement and task deadlines for three additional months in order to accomplish the purposes of the Agreement as provided in Section 1 of the Agreement. 2. Extension of Term of Agreement. Section 1 of the Agreement is hereby amended to read as follows: "The term of this Agreement shall commence on September 9, 2008 and shall end on the earlier of. (i) June 9, 2009 or (ii) the date on which the Agency or Developer terminates this Agreement as provided in Section 2 below (the "ENA Period"). Provided that the Developer is not in default under this Agreement and that the Agency has not terminated this Agreement pursuant to Section 2 below, the ENA period may be extended by the mutual written agreement of Developer and the Executive Director of the Agency (acting for the Agency, and acting in his sole and absolute discretion) up to two (2) separate times for a period of up to three (3) months each time (i.e., for a maximum of six months in the aggregate)." 3. Extension of Dates for Developer Oblieations. Sections 2 through 6, inclusive of Attachment No. 2 to the Agreement is hereby amended as follows: "2. On or before April 9, 2009, Developer shall submit to Agency in a form acceptable to Agency staff: (i) a list of the sources of equity required for the 4- Project and the proposed structure for investment of the equity, a list of the contemplated sources of debt financing for the Project, the projected costs of development of the Project, and the percentages of the costs that will be paid from equity and debt, respectively; (ii) a financial proforma for the Project on a phase by phase basis, if applicable, reflecting all projected Project income and revenues with a comparison to anticipated operating costs; and (iii) a financial analysis of the Project setting forth the Developer's projected return on its investment in the Project and a detailed description of the assistance or subsidy requested by Developer of Agency (if any) and the manner in which it was calculated. "I On or before April 9, 2009, Developer shall submit to Agency a list of potential major tenants and/or types of major tenants for space at the Project, together with, on a phase by phase basis, if applicable, the details of the type and size of spaces such tenants which may be interested in and the time periods for potential occupancy for such tenants, together with such tenant letters of intent as may be obtainable. "4. On or before April 9, 2009, Developer shall submit to Agency a schedule of development setting forth the proposed timetable for the commencement, substantial completion and final completion of each component of the Project (the "Development Schedule") - "5. On or before April 9, 2009, the Developer shall (subject to the terms of the Right of Entry and Access Agreement executed by Agency and Developer pursuant to and concurrently with this Agreement) investigate physical condition of the Site (including the soils thereon) and submit to the Agency in writing any and all objections Developer may have to the physical condition of the Site together with a detailed written explanation of the reasons for each objection. "6. On or before April 9, 2009, Developer shall (i) obtain a title report for the Site and copies of the title exceptions described therein (and deliver a copy to the Agency); (ii) submit to Agency an ALTA survey of the Site certified to Developer and its title company based on the title report; and (iii) submit to Agency Developer's written objections to any matter revealed by such survey or title report and a detailed written explanation of the reason for such objections." 4. No Other Chanees. Except as otherwise provided in this First Amendment, all other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above. DEVELOPER: RC HOBBS CO., a California corpE By: Print N n . Ak ~ CITY: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic D,L Shawn D. Nelson Executive Director ATTEST: tMMC, usan Jon s 4Agncy Secretary APPROVED AS TO FORM: Peter Thorson, Agency Counsel 3 p '1,- S" EXCLUSIVE NEGOTIATING AGREEMENT This EXCLUSIVE NEGOTIATING AGREEMENT (this "Agreement") is dated as of September 9, 2008, and is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic (the "Agency") and RC HOBBS CO., a California corporation (the "Developer"). RECITALS A. The Agency owns the land in the City of Temecula, State of California that is described in Attachment No. 1 (the "Site"). B. The Agency is interested in developing the Site with workforce housing, commercial improvements and a water park (the "Project"). C. The Agency has instructed the Agency's staff to proceed with this Agreement between Agency and Developer to negotiate on an exclusive basis to establish the terms and conditions of a "disposition and development agreement" ("DDA") that would result in the Developer's development of the Site with the understanding that the Agency shall be under no obligation to reach agreement on the terms thereof with Developer. D. The Developer and the Agency are willing to enter into this Agreement setting forth, among other things, the terms pursuant to which the Agency will negotiate with the Levetoper on an exclusive basis for a limited period regarding the Project and the proposed DUA. E. The staff, consultants and attorneys of the Agency have devoted and/or will devote substantial time and effort in meeting with the Developer and its representatives, reviewing and preparing proposals, plans and reports, and negotiating and preparing the terms of this Agreement and the proposed DDA. NOW, THEREFORE, the Parties hereto agree as follows: I. The term of this Agreement shall commence on the date hereof and shall end on the earlier of (i) March 9, 2009 (i.e., six months after the date hereof), or (ii) the date on which the Agency or Developer terminates this Agreement as provided in Section 2 below (the "ENA Period"). Provided that the Developer is not in default under this Agreement and that the Agency has not terminated this Agreement pursuant to Section 2 below, the ENA period may be extended by the mutual written agreement of Developer and the Executive Director of the Agency (acting for the Agency, and acting in his sole and absolute discretion) up to three (3) separate times for a period of up to three (3) months each time i.e., for a maximum of nine months in the aggregate). 2. Either party may terminate this Agreement if the other party fails to comply with or perform any provisions of this Agreement and fails to cure the default within thirty (30) days after written notice from the other party. 3. During the ENA Period (as extended under Section 1, if applicable), the Agency shall not negotiate with any person or entity other than the Developer for the sale, lease or development of the Site. 4. The Developer shall deliver the materials and information identified on Attachment No. 2 attached hereto to the Agency within the times set forth on Attachment No. 2. Concurrently with the execution of this Agreement, the Developer and the Agency shall execute and deliver a Right of Entry and Access Agreement in the form attached hereto as Attachment No. 3. 5. During the ENA Period (as extended under Section 1, if applicable), the Agency shall use good faith efforts to complete (or cause to be completed) the matters set forth in Attachment No. 4 attached hereto. Throughout the ENA Period, Agency staff shall use good faith efforts to be reasonably available to meet with the Developer to discuss the Project and the proposed DDA. 6. Excluding reimbursement for Agency staff time, Developer shall reimburse Agency for up to $50,000 of Agency's actual out-of-pocket costs and expenses (including legal fees and costs and consultants' fees and costs) incurred in preparing this Agreement and fulfilling its obligations under this Agreement from the date hereof, including, but not limited to: (i) the costs of compliance with the California Environmental Quality Act ("CEQA"); (ii) the cost of negotiating and preparing the DDA and related documents; and (iii) the costs of reviewing reports and plans relating to the Project (collectively, the "Reimbursable Costs"). Concurrently with its execution of this Agreement, Developer shall deposit with the Agency the sum of Fifty Thousand and No/100 Dollars ($50,000.00) (the "Reimbursement Funds"). The Reimbursement Funds shall be used and applied from time to time by the Agency to pay or reimburse itself for the Reimbursable Costs. The Agency shall provide the Developer a statement of Agency expenditures for every ninety (90) day period. Said statement shall be delivered with thirty (30) days of the end of the ninety (90) day period. In the event this Agreement is terminated by Agency under Section 2, the Reimbursement Funds shall be retained by Agency. In the event this Agreement is terminated by Developer under Section 2, the Reimbursement Funds shall be refunded to Developer. In the event that this ENA expires and a DDA is not approved and executed, then any unused Reimbursement Funds shall be returned to the Developer. If a DDA is negotiated, signed by Developer and submitted by Agency staff for approval by the Agency board, and the Agency board does not approve the DDA (due to an unacceptable material business term) or approves the DDA subject to a change in a material business term, then the Reimbursement Funds shall be refunded to Developer. The provisions of this Section shall survive the expiration or earlier termination of this Agreement. 7. The Agency and Developer acknowledge that all applicable requirements of CEQA must be met in order to approve the DDA and that this may require an environmental 2 impact report, supplemental environmental impact report and/or other reports or analyses for CEQA purposes (collectively, the "EIR" The Developer will, at its cost, fully cooperate with the Agency as the lead agency for the EIR. The EIR shall be prepared by Agency or its consultants at Developer's cost. 8. The Developer shall also bear all costs and expenses of any and all title, environmental, physical, engineering, financial, and feasibility investigations, reports and analyses and other analyses or activities performed by or for the Developer. 9. The Developer and the Agency understand and agree that neither Party is under any obligation whatsoever to enter into a DDA. In the event of the expiration or earlier termination of this Agreement, the Agency shall be free at the Agency's option to negotiate with any persons or entities with respect to the sale, lease and/or development of the Site. 10. This Agreement may not be assigned by the Developer without the prior express written consent of the Agency in its sole and absolute discretion. 11. Any notice, request, approval or other communication to be provided by one Party to the other shall be in writing and provided by personal service or a reputable overnight delivery service (such as Federal Express) and addressed as follows: If to the Agency: Redevelopment Agency of the City of Temecul,~ 43200 Business Park Drive Temecula, California 92589-9033 Attn: John Meyer with a copy to: Richards, Watson & Gershon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 Attn: Bruce Galloway If to the Developer: R.C. Hobbs Company 1110 East Chapman Avenue, Suite 206 Orange, California 92866 Attn: Roger C. Hobbs, President 12. For purposes of the negotiations contemplated by this Agreement, the Developer's representative shall be Roger C. Hobbs (Phone: (714) 633-8100; Email: rch@rchobbs.com), and the Agency's representative shall be John Meyer (Phone: (951) 694-6412; Email: john.meyer@cityoftemecula.org). 13. This Agreement constitutes the entire agreement of the Parties hereto with respect to the subject matter hereof. There are no other agreements or understandings between the Parties with respect to the subject matter hereof or any related subject and no representations by either Party to the other have been made as an inducement to enter into this Agreement. All prior negotiations between the Parties are superseded by this Agreement. 14. This Agreement may not be altered, amended or modified except by a writing executed by all Parties. 15. If any Party should bring any legal action or proceeding relating to this agreement or to enforce any provision hereof, or if the Parties agree to arbitration or mediation relating to this Agreement, the Party in whose favor a judgment or decision is rendered shall be entitled to recover reasonable attorneys' fees and expenses from the other. The Parties agree that any legal action or proceeding or agreed-upon arbitration or mediation shall be filed in and shall occur in the County of Riverside. 16. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of California. 17. Time is of the essence of each and every provision hereof. 18. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above. DEVELOPER: RC HOBBS CO., a California corns By: Print Name: ° i CITY: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic By Ron Robert , Ch rpersor_ APP ED AS TO FORM: Peter Thorson, Agency Counsel ATTACHMENT NO. 1 DESCRIPTION OF SITE LEGAL DESCRIPTION CAMPUS SITE March 15. 2004 ",AT CERTAIN PARCEL OF LAND, BEING DESCRIBED AS A PORTION OF PARCEL 1 OF PARCEL MAP NO. 4646, THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO A MAP THEREOF FILED IN BOOK 6 PAGE 75 OF PARCEL MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED ASTOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHEASTERLY BOUNDARY THEREOF, (SAID NORTHEASTERLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER CHANNEL BASEMENT TO THE COUNTY OF RIVERSIDE AS RECORDED SEPTEMBER 13, 1939, P13R BOOK 434, PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 41' 42' 22" EAST 19.08 FEET TO THE BEGINNING OF A TANGENT, 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 6' 36" 30", 461.35 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 48' 18" 52" EAST 482.01 FBBT TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN BASEMENT (66.00 FEET WIDE), DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 152905, OF OFFICIAL REORDS OF SAID COUNTY, RECORDED NOVEMBER 16, 1972 AND THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 43' 58' 46' WEST 1387.89 FEET TO THE BEGINNING OF A TANGENT, 850.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25' 52' 42-,383.91 FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 20' 08' 32" EAST; THENCE NORTH 41' 50' 22" WEST 1001.63 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT 1680.60 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL I; THENCE NORTH 48' 09' 38" EAST 1680.60 FEET TO THE POINT OF BEGINNING. CONTAINS AN AREA OF 40.00 ACRES, MORE OR LESS. EXCEPTING THE NORTHEASTERLY 4.15 ACRES OF SAID PARCEL BEING FURTHER DESCRIBED AS FOLLOWS INNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL l; THENCE ALONG THE NORTHEASTERLY UUNDARY THEREOF, (SAID NORTHEASTERLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDE AS RECORDED SEPTEMBER 13, 1939, PER BOOK 434, PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 41' 42'2r EAST 19.08 FEET TO THE BEGINNING OF A TANGENT, 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 5' 36" 30", 461.35 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 48' I8" 52" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN EASEMENT (66.00 FEET WIDE) DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 152905, OF OFFICIAL RECORDS OF SAID COUNTY, RECORDED NOVEMBER 16, 1972 AND THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 43' 58' 46" WEST 202.46 FEBT TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF DIAZ ROAD; THENCE NORTH 46' 01' I4" WEST 641.73 FEET TO THE BEGINNING OF A TANGENT, 4180.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 04' 19' 17", 315.27 FEET, THENCE TANGENT TO SAID CURVE NORTH 41' 42'.22" WEST, 18.62 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT 180.00 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL I; THENCE NORTH 48' 09'38`1 FAST 180.00 FEET TO THE POINT OP BEGINNING. CONTAINS AN AREA OF 4.15 ACRES, MORE OR LESS. THE NET AREA OF 35.85 ACRES, MORE OR LESS, MAY BE SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS, IF ANY OF RECORD. PREPARP UNDER MY SUPERVISION; 1. PARKS JALD J. PARKS 1PUTY DMBCTOR OF PUBLIC WORKS AISTERED CIVIL ENGINEER NO. 19744 EXPIRES 9.30.05 No. 19744 CIVIL RWMFMc Fa Gn SWAOL LEGAL DESCRIPTION CAMPUS SITE March 15. 2004 'FAT CERTAIN PARCEL OF LAND, BEING DESCRIBED AS A PORTION OF PARCEL 1 OF PARCEL MAP NO. 4646, THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO A MAP THEREOF FILED IN BOOK 6 PAGE 75 OF PARCEL MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS. FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL l; THENCE ALONG THE NORTHEASTERLY BOUNDARY THEREOF. (SAID NORTHEASTERLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER CHANNEL BASEMENT TO THE COUNTY Of RIVERSIDE AS RECORDED SEPTEMBER 13, 1939, PER BOOK 434, PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 41.42' 22" EAST 19.08 FEET TO THE BEGINNING OF A TANGENT, 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THB14CE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 6. 36" 30-,461.35 FEET, THENCE TANGENT TO SAID CURVE, SOUTH 48" 18" 52" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN EASEMENT (66.00 FEET WIDE) DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 152905, OF OFFICIAL REORDS OF SAID COUNTY, RECORDED NOVEMBER 16, 1972 AND THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 43" 58' 46" WEST 1387.89 FEET TO THE BEGINNING OF A TANGENT, 850.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25" 52' 42", 383.91 FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 20f 09' 32" EAST; THENCE NORTH 41° 50' 22" WEST 1001,63 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAE) PARCEL 1, DISTANT 1680.60 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE NORTH 48" 09' 38" EAST 1680.60 FEET TO THE POINT OF BEGINNING. CONTAINS AN AREA OF 40.00 ACRES, MORE OR LESS. EXCEPTING THE NORTHEASTERLY 4.15 ACRES OF SAID PARCEL BEING FURTHER DESCRIBED AS FOLLOWS )INNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHEASTERLY OUNDARY THEREOF, (SAID NORTHEASTERLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER CHANNEL BASEMENT TO THE COUNTY OF RIVERSIDE AS RECORDED SEPTEMBER !3,1939, PER BOOK.434, PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 41.42' 22" EAST 19.08 FEET TO THE BEGINNING OF A iANGENT, 4000.00 FOOT T:ADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 6" 36" 30", 461.35 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 48" IS" 52" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN EASEMENT (66.00 FEET WIDE) DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 152905, OF OFFICIAL RECORDS OF SAID COUNTY, RECORDED NOVEMBER 16, 1972 AND THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 43" 59'46* WEST 202A6 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF DIAZ ROAD; THENCE NORTH 46" 01. 14" WEST 641.73 FEET TO THE BEGINNING OF A TANGENT, 4180.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 04. 19' l7", 315.27 PUT. THENCE TANGENT TO SAID CURVE NORTH 41" 42'.22" WEST, 18.62 FEET TO A POINT IN THE NORTHWBSTERLY LINE OF SAID PARCEL 1, DISTANT 180.00 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE NORTH 48" 09'38" EAST 180.00 FEET TO THE POINT OF BEGINNING. CONTAINS AN AREA OF 4.15 ACRES, MORE OR LESS. THE NET AREA OF 35.85 ACRES, MORE OR LESS, MAY BE SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS, IF ANY OF RECORD. W UNDER MY PERVISION: PREPA A ,(ALDI.PARKS FBUTY DIRECTOR OF PUBLIC WORKS .0ISTERED CIVIL ENGINEER NO. 19744 EXPIRES 9.30-05 *~A No. 19794 A CIVIL kvmm t Wfauna&i, ATTACHMENT NO.2 MATERIALS TO BE DELIVERED BY DEVELOPER TO THE AGENCY 1. Within thirty (30) days after the date of this Agreement, Developer shall deliver to Agency a site plan and concept drawings identifying building location and dimensions, uses, parking, landscaping areas and proposed design characteristics of the Project. (Agency staff shall then review the same for the purpose of issuing a non-binding preliminary approval or disapproval thereof) 2. Within one hundred and twenty (120) days after the date of this Agreement, Developer shall submit to Agency in a form acceptable to Agency staff. (i) a list of the sources of equity required for the Project and the proposed structure for investment of the equity, a list of the contemplated sources of debt financing for the Project, the projected costs of development of the Project, and the percentages of the costs that will be paid from equity and debt, respectively; (ii) a financial proforma for the Project on a phase by phase basis, if applicable, reflecting all projected Project income and revenues with a comparison to anticipated operating costs; and (iii) a financial analysis of the Project setting forth the Developer's projected return on its investment in the Project and a detailed description of the assistance or subsidy requested by Developer of Agency (if any) and the manner in which it was calculated. 3. Within one hundred and twenty (120) days after the date of this Agreement, Developer shall submit to Agency a list of potential major tenants and/or types of major tenants for space at the Project, together with, on a phase by phase basis, if applicable, the details of the type and size of spaces such tenants which may be interested in and the time periods for potential occupancy for such tenants, together with such tenant letters of intent as may be obtainable. 4. Within one hundred and twenty (120) days after the date of this Agreement, Developer shall submit to Agency a schedule of development setting forth the proposed timetable for the commencement, substantial completion and final completion of each component of the Project (the "Development Schedule"). 5. Within one hundred and twenty (120) days after the date of this Agreement, the Developer shall (subject to the terms of the Right of Entry and Access Agreement executed by Agency and Developer pursuant to and concurrently with this Agreement) investigate physical condition of the Site (including the soils thereon) and submit to the Agency in writing any and all objections Developer may have to the physical condition of the Site together with a detailed written explanation of the reasons for each objection. 6. Within one hundred and twenty (120) days after the date of this Agreement, Developer shall (i) obtain a title report for the Site and copies of the title exceptions described therein (and deliver a copy to the Agency); (ii) submit to Agency an ALTA survey of the Site certified to Developer and its title company based on the title report; and (iii) submit 9 to Agency Developer's written objections to any matter revealed by such survey or title report and a detailed written explanation of the reason for such objections. Prior to execution of the DDA, the Developer shall submit to the Agency for its review and approval all organizational documents for the entities signing the DDA (and, to the extent requested by Agency, information, certifications and/or documents relating to the ownership, control, financial condition and signing authority of the direct and indirect owners and managers of each such entity). Developer shall also diligently prepare and revise the EIR (as defined in the Agreement) to the extent permitted by the negotiations. 10 ATTACHMENT NO.3 FORM OF RIGHT OF ENTRY AND ACCESS AGREEMENT (Attached.) 11 RIGHT OF ENTRY AND ACCESS AGREEMENT THIS RIGHT OF ENTRY AND ACCESS AGREEMENT (herein called this "Agreement") is made and entered into as of September 9, 2008, by the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency"), and RC HOBBS CO., a California corporation (the "Developer") WITNESSETH: WHEREAS, the Agency is the owner of the real property more particularly described on Exhibit "A", attached hereto (herein called the "Site"); WHEREAS, the Agency and the Developer have entered into a Exclusive Negotiating Agreement related to the Site (the "ENA"); WHEREAS, the Developer needs the right of entry upon and access to the Site for the purpose of undertaking tests, inspections and other due diligence activities (herein called the "Due Diligence Activities") in connection with the proposed acquisition and development of the Site by Developer; WHEREAS, the Agency has agreed to give Developer a non-exclusive license to enter upon the Site to perform the Due Diligence Activities subject to and in accordance with the terms and provisions of this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreements contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Agency and the Developer do hereby covenant and agree as follows: 1. Access by Developer. Subject to Developer's compliance with the terms and provisions of this Agreement, Developer and Developer's employees, agents and consultants designated in writing by Developer to Agency (herein collectively called "Developer's Designees") shall have the right to enter upon the Site for the purpose of conducting the Due Diligence Activities, until the earliest to occur of: (i) the expiration or earlier termination of the ENA; (ii) the termination of this Agreement; or (iii) the execution of the DDA contemplated by the ENA. . Developer expressly agrees as follows: (i) any activities by or on behalf of Developer, including, without limitation, the entry by Developer or Developer's Designees onto the Site in connection with the Due Diligence Activities shall not damage the Site in any manner whatsoever except for minor damage normally resulting from typical site investigation activities such as soil borings and ground water testing; (ii) in the event the Site is altered or disturbed in any manner in connection with the Due Diligence Activities, Developer shall immediately return the Site to the condition existing prior to the Due Diligence Activities (unless otherwise agreed in writing by the Executive Director of the Agency), and (iii) Developer shall indemnify, defend and hold Grantor harmless from and against any and all claims, liens, liabilities, damages, losses, costs and expenses of any kind or nature whatsoever (including, without limitation, attorneys' 12 fees and expenses and court costs) suffered, incurred or sustained by the Agency or the Site as a result of, by reason of, or in connection with the Due Diligence Activities or the entry by Developer or Developer's Designees onto the Site, except to the extent they are caused by the gross negligence or willful misconduct of the Agency, or its agents, contractors or employees. 2. Insurance. Developer shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Developer, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Developer owns no automobiles, a non- owned auto endorsement to the General Liability policy described above is acceptable. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Developer has no employees while performing under this Agreement, worker's compensation insurance is not required, but Developer shall execute a declaration that it has no employees. Minimum Limits of Insurance. Developer shall maintain limits no less than: 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. Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, the Community Services District, the Agency and their 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 Developer; products and completed operations of the Developer; premises owned, occupied or used by the Developer; or automobiles owned, leased, hired or borrowed by the Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Community Services District, the Agency and their officers, officials, employees and volunteers. 13 For any claims related to this project, the Developer's insurance coverage shall be primary insurance as respects the City, the Community Services District, the Agency and their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, the Community Services District, the Agency or their officers, officials, employees or volunteers shall be excess of the Developer's insurance and shall not contribute with it. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Community Services District, the Agency and their officers, officials, employees and volunteers. The Developer'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. Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the Agency. If insurance coverage is cancelled or, reduced in coverage or in limits the Developer shall within two (2) business days of notice from insurer phone, fax, and/or notify the Agency via certified mail, return receipt requested of the changes to or cancellation of the policy. 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 Agency. Self insurance shall not be considered to comply with these insurance requirements. Verification of Coverage. Developer shall furnish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Agency. All endorsements are to be received and approved by the Agency before work commences. As an alternative to the Agency's forms, the Developer's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 3. Limitations; No Recording. Agency does not hereby convey to Developer any right, title or interest in or to the Property, but merely grants the specific and limited contractual rights set forth herein. In no event shall this Agreement or any memorandum hereof be recorded, and any such recordation or attempted recordation shall constitute a breach of this Agreement and the ENA by the party responsible for such recordation or attempted recordation. 4. Notices. Whenever any notice, demand, or request is required or permitted under this Agreement, such notice, demand, or request shall be in writing and shall be addressed and delivered as provided in the notices provision of the ENA. 5. Assignment. This Agreement may not be assigned by Developer, in whole or in part, without the prior express written consent of the Agency in its sole and absolute discretion. 14 6. Governing Law. This Agreement shall be construed, enforced and interpreted in accordance with the laws of the State of California. 7. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same agreement. IN WITNESS WHEREOF, Agency and Developer have caused this Agreement to be executed and sealed, all the day and year first written above. 15 DEVELOPER: RC HOBBS CO., a California corporation By: Print N CITY: REDEVELOPMENT OF THE CITY OF TEMECULA, a public body, corporate and politic By: Ron Roberts, Chairperson ATTEST: Susan Jones, MMC, City Clerk Agency Secretary APPROVED AS TO FORM: Peter Thorson, Agency Counsel 16 EXHIBIT A to Right of Entry and Access Agreement Description Of The Site 17 LEGAL DESCRIPTION CAMPUS SITE March 15. 2004 'UT CERTAIN PARCEL OF LAND, BEINO DESCRIBED AS A PORTION OF PARCEL 1 OF PARCEL MAP NO. 4646, THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO A MAP THEREOF FILED IN BOOK 6 PAGE 75 OF PARCEL MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHEASTERLY BOUNDARY THEREOF, (SAID NORTHBASTERLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDE AS RECORDED SEPTEMBER l3, 1939, PER BOOK 434, PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 41.42' 22" EAST 19.08 FEET TO THE BEGINNING OF A TANGENT, 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 60 36" 30", 461.35 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 480 18" 52" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN BASEMENT (66.00 FEET WIDE). DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 152905, OF OFFICIAL REORDS OF SAID COUNTY, RECORDED NOVEMBER 16, 1972 AND THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 43° 58' 46" WEST 1387.89 FEET TO THE BEGINNING OF A TANGENT, 850.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 250 52' 42", 383.91 FEET TO A POINT 110 WHICH A RADIAL LINE BEARS SOUTH 200 02' 32" BAST; THENCE NORTH 410 50' 22" WEST 1001.63 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT 1680.60 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE NORTH 480 09' 38" EAST 1680.60 FEET TO THE POINT OF BEGINNING. CONTAINS AN AREA OF 40.00 ACRES, MORE OR LESS. EXCEPTING THE NORTHEASTERLY 4.15 ACRES OF SAID PARCEL BEING FURTHER DESCRIBED AS FOLLOWS: )INNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHEASTERLY OUNDARY THEREOF, (SAID NORTHEASTERLY BOUNDARY BRING ALSO THE CENTERLINE OF RIVER CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDE AS RECORDED SEPTEMBER 13, 1939, PER BOOK 434, PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 410 42' 22" EAST 19.08 FEET TO THE BEGINNING OF A TANGENT, 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 60 96" 30", 461.35 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 490 18" 52" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN EASEMENT (66.00 FEET WIDE) DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 152905, OF OFFICIAL. RECORDS OF SAID COUNTY, RECORDED NOVEMBER 16, 1972 AND THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE LEAVING SAE) NORTHEASTERLY BOUNDARY, AND ALONG THE GENERAL SOUTHEASTERLY LIE OF SAID PARCEL 1, SOUTH 430 58'46" WEST 202A6 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF DIAZ ROAD; THENCE NORTH 460 01' 14" WEST 641.73 FEET TO THE BEGINNING OF A TANGENT, 4180.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 040 19' 17", 315.27 FEET, THENCE TANGENT TO SAID CURVE NORTH 410 42'.22" WEST, 18.62 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT 180.00 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE NORTH 480 09'3r' EAST 180.00 FEET TO THE POINT OF BEGINNING. CONTAINS AN AREA OF 4.15 ACRES, MORE OR LESS. THE NET AREA OF 35.85 ACRES, MORE OR LESS, MAY BE SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF-WAY AND BASEMENTS, IF ANY OF RECORD. PBRVISION: Y PREP / O R S OPA • R K J.. ARK AAL 3PUTY DIRECTOR OF PUBLIC WORKS .IOISTERED CIVIL ENGINEER NO. 19744 EXPIRES 9.30-05 No. 19744 CIVIL RVMM8 EWL Fa Um &k.wr. 18 ATTACHMENT NO.4 AGENCY TASKS 1. Provide to Developer all currently existing plans, studies and other written information regarding the Site that are in the possession of the Agency (to the extent not previously delivered to Developer). 2. Obtain a fair market value appraisal of the Site. 3. Review the Developer's Site Plans, concept drawings and other submissions. 4. Cause the EIR to be prepared and review the EIR (as defined in this Agreement). 5. Prepare and revise drafts of the DDA to the extent reasonably permitted by the negotiations. 19 o 'ls'l RIGHT OF ENTRY AND ACCESS AGREEMENT THIS RIGHT OF ENTRY AND ACCESS AGREEMENT (herein called this "Agreement") is made and entered into as of September 9, 2008, by the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency"), and RC HOBBS CO., a California corporation (the "Developer") WITNESSETH: WHEREAS, the Agency is the owner of the real property more particularly described on Exhibit "A", attached hereto (herein called the "Site"); WHEREAS, the Agency and the Developer have entered into a Exclusive Negotiating Agreement related to the Site (the "ENA"); WHEREAS, the Developer needs the right of entry upon and access to the Site for the purpose of undertaking tests, inspections and other due diligence activities (herein called the "Due Diligence Activities") in connection with the proposed acquisition and development of the Site by Developer; WHEREAS, the Agency has agreed to give Developer a non-exclusive license to enter upon the Site to perform the Due Diligence Activities subject to and in accordance with the terms and provisions of this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreements contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Agency and the Developer do hereby covenant and agree as follows: 1. Access by Developer. Subject to Developer's compliance with the terms and provisions of this Agreement, Developer and Developer's employees, agents and consultants designated in writing by Developer to Agency (herein collectively called "Developer's Designees") shall have the right to enter upon the Site for the purpose of conducting the Due Diligence Activities, until the earliest to occur of: (i) the expiration or earlier termination of the ENA; (ii) the termination of this Agreement; or (iii) the execution of the DDA contemplated by the ENA. Developer expressly agrees as follows: (i) any activities by or on behalf of Developer, including, without limitation, the entry by Developer or Developer's Designees onto the Site in connection with the Due Diligence Activities shall not damage the Site in any manner whatsoever except for minor damage normally resulting from typical site investigation activities such as soil borings and ground water testing; (ii) in the event the Site is altered or disturbed in any manner in connection with the Due Diligence Activities, Developer shall immediately return the Site to the condition existing prior to the Due Diligence Activities (unless otherwise agreed in writing by the Executive Director of the Agency), and (iii) Developer shall indemnify, defend and hold Grantor harmless from and against any and all claims, liens, liabilities, damages, losses, costs and expenses of any kind or nature whatsoever (including, without limitation, attorneys' I~ fees and expenses and court costs) suffered, incurred or sustained by the Agency or the Site as a result of, by reason of, or in connection with the Due Diligence Activities or the entry by Developer or Developer's Designees onto the Site, except to the extent they are caused by the gross negligence or willful misconduct of the Agency, or its agents, contractors or employees. 2. Insurance. Developer shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Developer, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: 01 11 85 or 88. Insurance Services Office Commercial General Liability form No. CG 00 Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code I (any auto). If the Developer owns no automobiles, a non- owned auto endorsement to the General Liability policy described above is acceptable. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Developer has no employees while performing under this Agreement, worker's compensation insurance is not required, but Developer shall execute a declaration that it has no employees. Minimum Limits of Insurance. Developer shall maintain limits no less than: 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. Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, the Community Services District, the Agency and their 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 Developer; products and completed operations of the Developer; premises owned, occupied or used by the Developer; or automobiles owned, leased, hired or borrowed by the Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Community Services District, the Agency and their officers, officials, employees and volunteers. 13 For any claims related to this project, the Developer's insurance coverage shall be primary insurance as respects the City, the Community Services District, the Agency and their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, the Community Services District, the Agency or their officers, officials, employees or volunteers shall be excess of the Developer's insurance and shall not contribute with it. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Community Services District, the Agency and their officers, officials, employees and volunteers. The Developer'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. Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the Agency. If insurance coverage is cancelled or, reduced in coverage or in limits the Developer shall within two (2) business days of notice from insurer phone, fax, and/or notify the Agency via certified mail, return receipt requested of the changes to or cancellation of the policy. 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 Agency. Self insurance shall not be considered to comply with these insurance requirements. Verification of Coverage. Developer shall furnish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Agency. All endorsements are to be received and approved by the Agency before work commences. As an alternative to the Agency's forms, the Developer's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 3. Limitations: No Recording. Agency does not hereby convey to Developer any right, title or interest in or to the Property, but merely grants the specific and limited contractual rights set forth herein. In no event shall this Agreement or any memorandum hereof be recorded, and any such recordation or attempted recordation shall constitute a breach of this Agreement and the ENA by the party responsible for such recordation or attempted recordation. 4. Notices. Whenever any notice, demand, or request is required or permitted under this Agreement, such notice, demand, or request shall be in writing and shall be addressed and delivered as provided in the notices provision of the ENA. 5. Assignment. This Agreement may not be assigned by Developer, in whole or in part, without the prior express written consent of the Agency in its sole and absolute discretion. 14 6. Governing Law. This Agreement shall be construed, enforced and interpreted in accordance with the laws of the State of California. 7. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same agreement. IN WITNESS WHEREOF, Agency and Developer have caused this Agreement to be executed and sealed, all the day and year first written above. 15 RC HOBBS CO., By: Print Name: U i'l-ev (7- H3 ? ~ S CITY: REDEVELOPMENT OF THE CITY OF TEMECULA, a public body, corporate and politic By:-~-.~L-i„5-~ Ron Roberts, Chairperson ATTEST: Peter Thorson, Agency Counsel 16 APPROVED AS TO FORM: EXHIBIT A to Right of Entry and Access Agreement Description Of The Site 17 March 15, 2004 LEGAL DESCRIPTION CAMPUS SITE 'IAT CERTAIN PARCEL OF LAND, BEING DESCRIBED AS A PORTION OF PARCEL 1 OF PARCEL MAP NO. 4646, THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO A MAP THEREOF FILM IN BOOK 6 PAGE 75 OF PARCEL MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS.POLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHEASTERLY BOUNDARY THEREOF, (SAID NORTHEASTERLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDE AS RECORDED SEPTEMBER 13, 1939, PER BOOK 434, PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 41.42' 22" EAST 19.08 FEET TO THE BEGINNING OF A TANGENT, 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 6. 3V30", 461.35 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 48' IS" 52" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN BASEMENT (66.00 FEET WIDE) DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 152905, OF OFFICIAL REORDS OF SAID COUNTY, RECORDED NOVEMBER 16, 1972 AND THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 43' 58' 46" WEST 1387.89 FEET TO THE BEGINNING OF A TANGENT, 850.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25' 52'42", 383.91 FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 20' 08' 32" EAST; THENCE NORTH 4P 50' 22" WEST 1001,63 FEET TO A POINT' IN THE NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT 1680.60 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE NORTH 48' 09' 38" EAST 1680.60 FEET TO THE POINT OF BEGINNING. CONTAINS AN AREA OF 40.00 ACRES, MORE OR LESS. EXCEPTING THE NORTHEASTERLY 4.15 ACRES OF SAID PARCEL BEING FURTHER DESCRIBED AS FOLLOWS )INNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHEASTERLY UUNDARY THEREOF, (SAID NORTHEASTERLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER CHANNEL BASEMEN' TO THE COUNTY OF RIVERSIDE AS RECORDED SEPTEMBER 13, 1939, PER BOOK 434, PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 41.42' 22" EAST 19.08 FEET TO THE BEGINNING OF n TANGENT, 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 6' 36" 30", 461.35 FEET, THENCE TANGENT TO SAID CURVE, SOUTH 48' 18" 52" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN EASEMENT (66.00 FEET WIDE) DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 152905, OF OFFICIAL RECORDS OF SAID COUNTY, RECORDED NOVEMBER 16, 1972 AND THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 43' $11' 46" WEST 202A6 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF DIAZ ROAD; THENCE NORTH 460 01. 14" WEST 641.73 FEET TO THE BEGINNING OF A TANGENT, 4180.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 04' 19' 17", 315.27 FEET; THENCE TANGENT TO SAID CURVE NORTH 41' 42'.22" WEST, 18.62 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT 180.00 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL I; THENCE NORTH 48' 09'38" EAST 180.00 FEET TO THE POINT OF BEGINNING. CONTAINS AN AREA OF 4.15 ACRES, MORE OR LESS. THE NET AREA OF 35.88 ACRES, MORE OR LESS, MAY BE SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS, IF ANY OF RECORD. PREPAW UNDER MY PUPERVISION: SOP M P = S A fALDI.PARKS F.PUTY DIRECTOR OF PUBLIC WORKS ,0ISTERED CIVIL ENGINEER NO. 19744 EXPIRES 9.30-05 No. 19744 4. CIVIL ,p, FWMMMEp F.Qn S . 18 ATTACHMENT NO.4 AGENCY TASKS Provide to Developer all currently existing plans, studies and other written information regarding the Site that are in the possession of the Agency (to the extent not previously delivered to Developer). 2. Obtain a fair market value appraisal of the Site. 3. Review the Developer's Site Plans, concept drawings and other submissions. 4. Cause the EIR to be prepared and review the EIR (as defined in this Agreement). 5. Prepare and revise drafts of the DDA to the extent reasonably permitted by the negotiations. 19 o82s7 MINUTE ACTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CALIFORNIA DATE: September 10, 2008 MEETING OF: September 9, 2008 AGENDA ITEM NUMBER: 17 SUBJECT: Exclusive Negotiating Agreement with the RC Hobbs Company The motion was made by Agency Member Naggar, and seconded by Agency Member Comerchero, to approve staff recommendation. RECOMMENDATION: 17.1 Approve an Exclusive Negotiating Agreement between the Agency and the RC Hobbs Company. The motion carried by the following vote: AYES: NOES: 5 AGENCY MEMBERS: Comerchero, Edwards, Nagger, Washington, Roberts 0 ABSENT: 0 AGENCY MEMBERS: None AGENCY MEMBERS None ABSTAIN: 0 AGENCY MEMBERS None STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Agency Secretary for the City of Temecula Redevelopment Agency, DO HEREBY CERTIFY, under penalty of perjury, the foregoing to be the official action taken by the Board of Directors of the Temecula Redevelopment Agency at the above meeting. IN WITNESS WHEREOF, I have hereunto set my hand and seal this tenth day of September, 2008.: W. ones. MMC City CI [SEAL] R:/Minute Orders/090908 SECOND AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND RC HOBBS CO. THIS SECOND AMENDMENT to Exclusive Negotiation Agreement is made and entered into as of June 9, 2009 by and between the Redevelopment Agency of the City of Temecula, a public body corporate and politic ("Agency") and RC Hobbs Co., a California corporation ("Developer"). RECITALS A. The parties have entered into that certain Exclusive Negotiating Agreement dated September 9, 2008 and amended it by a First Amendment dated January 28, 2009 (the "Agreement"). B. The purpose of the Agreement is to set forth, among other things, the terms pursuant to which the Agency will negotiate with the Developer on an exclusive basis for a limited period regarding the Project described therein and the proposed Disposition and Development Agreement described therein. C. The Developer and Agency desire to enter into a second extension of the term of the Agreement that is described in the Agreement. 1. Extension of Term of Agreement. Section 1 of the Agreement is hereby amended to read as follows: "The term of this Agreement shall commence on September 9, 2008 and shall end on the earlier of: (i) September 9, 2009 or (ii) the date on which the Agency or Developer terminates this Agreement as provided in Section 2 below (the "ENA Period")." 2. No Other Changes. Except as otherwise provided in this Second Amendment, all other terms and conditions of the Agreement remain in full force and effect. 11087-0024\1137944v1.doc IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above. DEVELOPER: RC HOBBS CO., a California corporation By: Print Name: CITY: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic Shawn D. Nelson Executive Director ATTEST: Susan Jones, MMC, Agency Secretary APPROVED AS TO FORM: Peter Thorson, Agency Counsel 11087-0024\1137944v1.doc 2 ITEM NO. 30 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 23, 2009 SUBJECT: Exclusive Negotiating Agreement Between the Temecula Redevelopment Agency and Temecula Waterpark LP RECOMMENDATION: That the Agency Board approves an Exclusive Negotiating Agreement between the Agency and Temecula Waterpark LP. BACKGROUND: On September 9, 2008 the Agency Board approved the Exclusive Negotiating Agreement (ENA) between the Agency and R. C. Hobbs Co. for the development of Agency owned property located at the northwest corner of Diaz Road and Dendy Parkway (APN: 909-370-002). The current design calls for the development of 192 units, of which 39 units, or 20%, would be restricted at the very-low affordability designation. This development would utilize 11 of the 32 acres that make up the entire site. When R.C. Hobbs Co. entered into the ENA it was their intent to develop only a portion of the site while having Temecula Waterpark LP develop approximately 2/3, or 21 acres, of the site as a water park. Initially Temecula Waterpark LP had an informal agreement with R.C. Hobbs Co. to work through their ENA to develop the 21 acre portion as a water park and over the past nine months all parties have worked in good faith to accomplish this goal. Recently Temecula Waterpark LP approached the Agency and requested that both parties enter into an Exclusive Negotiating Agreement for the 21 acre portion of the site that they intend to develop as a water park. Temecula Waterpark LP has communicated that the investors in the water park project, due to the instability of the real estate development market as a whole, now require that an ENA be entered into with the Agency. The acceptance of this ENA would take place concurrently with the proposed Third Amendment to the ENA between R.C. Hobbs Co. and the Agency. Approval of this ENA and the approval of the Third Amendment with R.C. Hobbs would effectively split the site into two parcels; one parcel (2/3 of the site) for Temecula Waterpark LP and one parcel (1/3 of the site) for R.C. Hobbs Co. AGENCY ASSISTANCE No Redevelopment Housing Funds will be expended as a result of this ENA. The goal of the Agency is to enter into a Disposition and Development Agreement (DDA) with Temecula Waterpark LP at the end of the ENA period and use the proceeds of the sale of the approximately 21 acres to fund the affordable units included in the R.C. Hobbs Co. development, which will be located adjacent to the water park on the site. EXCLUSIVE NEGOTIATING AGREEMENT In order to facilitate a proposed project, the Agency will enter into an Exclusive Negotiating Agreement with the Temecula Waterpark LP. The ENA provides Temecula Waterpark LP with the assurance that the Agency will not solicit other development partners for similar projects on the subject property, which is now a requirement of their financing partners. The proposed ENA includes the following deal points: Three (3) month term Two (2) separate three (3) month Administrative extensions. Developer will provide a $50,000 deposit upon approval of DDA to cover legal and escrow costs. In addition, based upon Temecula Waterpark LP's ability to perform, deal points for a DDA will be formulated prior to the end of the ENA period. No Agency commitment to sell the property can be made until a final agreement is approved following a public hearing. FISCAL IMPACT: No fiscal impact to Agency ATTACHMENTS: Exclusive Negotiating Agreement Proposed Site Plan EXCLUSIVE NEGOTIATING AGREEMENT This EXCLUSIVE NEGOTIATING AGREEMENT (this "Agreement") is dated as of June 23, 2009, and is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic (the "Agency") and Temecula Waterpark LP, a California Limited Partnership (the "Developer"). RECITALS A. The Agency owns the land in the City of Temecula, State of California that is described in Attachment No. 1 (the "Site"). B. The Agency is interested in developing the Site with workforce housing, commercial improvements and a water park (the "Project"). C. The Agency has instructed the Agency's staff to proceed with this Agreement between Agency and Developer to negotiate on an exclusive basis to establish the terms and conditions of a "disposition and development agreement" ("DDA") that would result in the Developer's development of the Site with the understanding that the Agency shall be under no obligation to reach agreement on the terms thereof with Developer. D. The Developer and the Agency are willing to enter into this Agreement setting forth, among other things, the terms pursuant to which the Agency will negotiate with the Developer on an exclusive basis for a limited period regarding the Project and the proposed DDA. E. The staff, consultants and attorneys of the Agency have devoted and/or will devote substantial time and effort in meeting with the Developer and its representatives, reviewing and preparing proposals, plans and reports, and negotiating and preparing the terms of this Agreement and the proposed DDA. NOW, THEREFORE, the Parties hereto agree as follows: 1. The term of this Agreement shall commence on the date hereof and shall end on the earlier of. (i) September 23, 2009 (i.e., three months after the date hereof), or (ii) the date on which the Agency or Developer terminates this Agreement as provided in Section 2 below (the "ENA Period"). Provided that the Developer is not in default under this Agreement and that the Agency has not terminated this Agreement pursuant to Section 2 below, the ENA period may be extended by the mutual written agreement of Developer and the Executive Director of the Agency (acting for the Agency, and acting in his sole and absolute discretion) up to two (2) separate times for a period of up to three (3) months each time (i.e., for a maximum extension of six months in the aggregate). 2. Either party may terminate this Agreement if the other party fails to comply with or perform any provisions of this Agreement and fails to cure the default within ten (10) days after written notice from the other party. 11087-0001\1143720v1.doc 3. During the ENA Period (as extended under Section 1, if applicable), the Agency shall not negotiate with any person or entity other than the Developer for the sale, lease or development of the Site. 4. The Agency and Developer acknowledge that all applicable requirements of CEQA must be met in order to approve the DDA and that this may require a mitigated negative declaration, environmental impact report, supplemental environmental impact report and/or other reports or analyses for CEQA purposes (collectively, the "CEQA Documents"). The Developer will, at its cost, fully cooperate with the Agency as the lead agency for the CEQA Documents. The CEQA Documents shall be prepared by Agency or its consultants at Developer's cost. 5. The Developer shall also bear all costs and expenses of any and all title, environmental, physical, engineering, financial, and feasibility investigations, reports and analyses and other analyses or activities performed by or for the Developer. 6. The Developer and the Agency understand and agree that neither Party is under any obligation whatsoever to enter into a DDA. In the event of the expiration or earlier termination of this Agreement, the Agency shall be free at the Agency's option to negotiate with any persons or entities with respect to the sale, lease and/or development of the Site. 7. This Agreement may not be assigned by the Developer without the prior express written consent of the Agency in its sole and absolute discretion. 8. Any notice, request, approval or other communication to be provided by one Party to the other shall be in writing and provided by personal service or a reputable overnight delivery service (such as Federal Express) and addressed as follows: If to the Agency: Redevelopment Agency of the City of Temecula 43200 Business Park Drive Temecula, California 92589-9033 Attn: Patrick Richardson If to the Developer: Temecula Waterpark LP 999 Corporate Dr., Suite 215 Ladera Ranch, CA 92694 Attn: Joshua Hunter 9. For purposes of the negotiations contemplated by this Agreement, the Developer's representative shall be Joshua Hunter (Phone (949)456-8370; Email: jhunter@clearwater.com), and the Agency's representative shall be Patrick Richardson (Phone: (951) 694-6412; Email: Patrick. Richardson@cityoftemecula. org). 11087-0001\1143720v1.doe 2 10. This Agreement constitutes the entire agreement of the Parties hereto with respect to the subject matter hereof. There are no other agreements or understandings between the Parties with respect to the subject matter hereof or any related subject and no representations by either Party to the other have been made as an inducement to enter into this Agreement. All prior negotiations between the Parties are superseded by this Agreement. 11. This Agreement may not be altered, amended or modified except by a writing executed by all Parties. 12. If any Party should bring any legal action or proceeding relating to this agreement or to enforce any provision hereof, or if the Parties agree to arbitration or mediation relating to this Agreement, the Party in whose favor a judgment or decision is rendered shall be entitled to recover reasonable attorneys' fees and expenses from the other. The Parties agree that any legal action or proceeding or agreed-upon arbitration or mediation shall be filed in and shall occur in the County of Riverside. 13. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of California. 14. Time is of the essence of each and every provision hereof. 15. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. 11087-0001\1143720v1.doc IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above. By: By: DEVELOPER: Temecula Waterpark LP, a California Limited Partnership Evan Gentry Managing General Partner CITY: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC, Agency Secretary APPROVED AS TO FORM: Peter M. Thorson, Agency Counsel 11087-0001\1143720v1.doc 4 ATTACHMENT NO. 1 DESCRIPTION OF SITE 11087-0001\1143720v1.doc IN THE C/TY OF TEMECULA, RIUERS/DE COUNTY, STATE OF CAL - OF CALIFORNIA. ~y ~ ~ ~ oy f ~ Sr. E~/TU APARlMEN1"~' 1 ~ pN ~ ~ ~2 ERR ~ GH q PORT. SEC. 34, T.7., S.R.3W., S.B.B.M. 1~ ~ SDH & ASSOCIATES, INC. APRIL 2009 Y ¢ 1 P i E ~ I~'f R,~~rA ~ *L ~ RR ~ \ 5 5~ MiN~~ q~. \ ~ LD IrR~E~pS) i ~ pR• I 11 ~ r~ ~ v~ ~ ~ ~ ¢P i'' _ EAS~Iw01F~ (ITEMS) ~o ~ ~ 5 r ~ 1. RIGHTS OF THE PUBLIC !N AND TO THAT P11R770N OF d gl. ~ ~ (1 ! THE LAND LYING WITHIN D/AZ ROAD AND CHERRY STREET, N~`/ES RR• ~ _ 50.02' _ 4.25' FUT. R/W ~ ~ ~ EX. R/W ~ 6 2. AN EASEMENT TO THE COUNTY OF R/HERS/DE FOR N~ ~ ~ _ N4809 JG EX. R~{y ~.M ~ RIVER CHANNEL AND BANK PROTECTIONS WORK AND N48'09 J4 E 1680.60 ~ ~ ~ 09' 14~~~ - ~ InyMAP _ 1Q~' 1 So.sQ 4ov.54 _ 0 2,31' INCIDENTAt PURPOSES, PER DOCUMENT RECORDED NOT TO SCALE ITEM 1 859.ag' ~ - - ~ ~ ~ Q 1450 6D' SEPTEMBER 13, 1939 IN BOOK 434 PAGE 108 OF ~ LOT,q ~ i 30 _ N41'43'04 "1~ OFFICIAL RECORDS i ~ ~ ~519.10'L~z_ 19.26' 1 _ 3. THE EFFECT OF A DECLARATION OF DEDICATION ~ APP~AIUT P~:~ERn'a199 n, z d-0'09 23" DATED NOVL-~1BER 13, 1972, PURPORTING TO ITEM 4 PROP, R/y N85'55'11 ~ • N48'0938~ L=10.92 R.C. HQBBS CQMPANY CITY OF TEMECULA, A MUNICIPAL CORPORATION ~ ~ /r ITEM 5 I ~ h ~ 18000 iRREI/OCABLY DEDICATE !N PERPETUITY FOR PUBLIC 1110 E. CHAPMAN AVE. STE,~2D6 43200 BUSINESS PARK DRt~E ~ E, 3307 p ~ 1 q~ ~I I ITEM 2 l1EM 4 PURPOSES, PUBLIC UTILITY AND PUBLIC SERVICES, THE ORANGE CA 92866 TEMECULA CA 92589 t~ 'o ~ ~ ~ I PROPERTY DESCRIBED THL:7;'EIN, RECORDED NOVEMBER ~OICE.• 714 221-2112 ~O/CE.• 951 694-6444 G~~ ( } ~ } ~ P MIS h ITEM 5 ATTN.• ROBERT HOBBS 5 ~ 'S I 6 ~~}ry o ~0~, ~l ~I~ ,I JJ ~ 16, 1972 AS INSTRUMENT N0. 152905 OF OFFICIAL ~ PARCELS 1-3 ( } CLEARWATER WATER PARK DEYELQPMENT °,~~,I ~ ~ 1 ~ ~ RECORDS 35 ARGONAUT ~B-2 GRASS SITE S.F.=1, 487, 447 S F. ~ ~ ~ ~i a I J THE EFFECT OF A RESOLUTION BY THE RIVERSIDE AL1SO ~IEJO, CA 92656 NET SITE SF.=1,452,926 SF. (EXCLUDES LOTS A-D} ~ Ij ~ ~ ~ ~ , ~I I I~ o COUNTY BOARD DF SUPERVISION ACCEPTING SAID OFFER I/OICE.• 949 457-2557 ' FAX.' 949 457-2558 / rarac PA~s , l,h I~ ry~ i ~ OF DEDICATION FOR THE PURPOSE OF VESTING TITLE IN ATTN.• JOSHUA HUNTER ry / NUMBERED-3 ~ / a ~ ~ © THE COUNTY OF RIVERSIDE ON BEHALF OF THE PUBLIC LETTERED-4 / PROP. R/W ~ ~ I ~ I ~ BUT NOT AS PART TO THE COUNTY-MAINTAINED ROAD t 0 / SDH & ASSOCIATES, 1NC. ~1 a a ~ SYSTEM, RECORDED SEPTEMBER 2, 1982 AS _ 51 ~ 2025 CHICAGO AVE. STE. A 6 3 q INSTRUMENT N0. 153178 OF OFFICIAL RECORDS OF CT b ~ Rll/ERS/DE, CALIFORNIA 92507 ~ 6 ~ RIVERSIDE COUNTY, CALIFORNIA. RAW CUT=210 300 CY. ¢30 ~ I TEL (951) 683-3691 ' 8, ~ 4 III ~ RAW FILL-191,100 CY. R1• P v FAX {951) 788-2314 ~ TR 4. AN EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA U~ h ~ o 1N~ ~ ~ ~ I T04PHY~ 2 l N 2 l O' "~l ~ ED/SON COMPANY, A CORPORATION, FOR PUBIIC ' I UTILITIES AND INCIDENTAL PURPOSES, RECORD1:71 DIGITAL MAPPING, INC. I °j 50 50 ~I 5'~ COMPLETE GiS PHOTOGRAMMETRIC SERVICES I PARCEL 2 LOTS ~ I Q II JANUARY 9, 1973 AS INSTRUMENT N0.3490 OF 21062 BROOKHURST STREET SUITE 101 ~ ry III ~A OFFICIAL RECORDS HUNTINGTON BEACH, CA 92645 I ~ I GROSS• 19.7 AC ~ TEL (714} 968-5459 ~ GROSS.• 3 11.3 AC I 5. AN EASEMENT IN FAI/OR OF KACOR REALTY, INC. FOR NET 19.3 AC FAX 714) 968-2429 I ~ 4 NET )0.8 AC ISM 4 ITEM 8 I, PUBLIC UTILITIES, DRAINAGE, CONSTRUCTION AND ( ~ 0 W I ~ 'a ITEM 5 ~ I I ITFM 4 MAINTENANCE OF SLOPES AND ROADS AND INCIDENTAL , ~ A5~55 PARG`EL ~ I ~ I 7 I ~ I II ~ARCEL 3 II ITEM 5 PURPOSES, RECORDED MAY 3t, t973 As INSTRUMENT I ~ ~ I N0. 70688 OF OFFICIAL RECORDS 909-370-002, 909-120-019 I LEGAL ~ 1 ~ (~"0 BE DEDICAlED~I BEING A PORTION OF THE MURR/ETA PORTION OF THE TEMECULA ~ Q i T THE CITY OF III SAN L~4SEML7UT IN FAVOR OF RANCON BUSINESS RANCHO AS SHOWN BY MAP OF THE TEMECULA LAND AND WATER ~ Q I MECULA) I ~ CENTER/RANCHO CALIFORNIA, A CALIFORNIA JOINT COMPLANY ON FILE /N BOOK 8, PAGE 359 OF MAPS RECORDS OF ~ I I N VENTURE, FOR ROAD AND UTILITIES AND INCIDENTAL COUNTY OF SAN D/EGO, STATE OF CALIFORNIA. ~ ~ I, I ITEM 1 I i ~ PURPOSES, RECORDED OCTOBER 4, 1989 AS o, ~ S~FACf~AGE o ~ ` ~ ~ ITEM 3 ~I ~ INSTRUMENT N0. 344254 OF OFFICIAL RECORDS. ~ ~ ITEM s I h GROSS 31.0 AC h NET 30.3 AC ' h ~ ~ ~ I, ~ 7. AN LASEML:7VT !N FAVOR OF EASTERN MUNICIPAL ?r ~ \ ~ ~ TES' ASAP TES' ~F ~ o ~ ; III ~ WATER DISTRICT FOR PIPE LINES AND APPURTENANCES ~ .h Z AND INCIDENTAL PURPOSES, RECORDED NOVEMBER 14, ~ ~ 2003 EDITION, MAP PAGE 958, SECTION D4, E4, E5 ~ ~ ~ I o I ~ ~ ITEM 2 I 1990 AS INSTRUMENT NO. 415924 OF OFFICIAL RECORDS W,4 Tel Q~IIAUTYAL4l~I C~l~NT PLAN °~a ~ ~~9. ITEM 4 N02'33'28'~V ~ ~ Z ~ II III ~ o~m ~ 7 6 5 5 4 31.65 III 8 AN L~4SEMENT IN FAVOR DF EASTERN SEE W.Q.M.P. SUBMITTED HERE WITH R.8 ~ ITEM 5 OqG~. E N43'58`55sE X R/W N~~58'S,5~ ~ I III MUNICIPAL WATER DISTRICT, A MUNICIPAL N43'58'S5"E 554.38' 507.99' Z0N~IIGAII~7LAA~t~ ITEM 4 _ S?s ~ - - - - - - ~ III I ITEM 5 I WATER DISTRICT, FOR SEWER 1RANSM/SSION EXlST1NG ZONING ..............PDO 10 ;,~51 S n~ ,6~ R~ ~ h V P ~7l( PROPOSED ZON/NG..........PDO-10 r 7 T 8Sp j r , ► u ~ ~ t ;a' Loro k I III AND COLLECTION FACILITIES AND E~llST1NG LAND USE.........PI f~ ,9.~ -,383,87 A. a' I INCIDENTAL PURPOSES, RECORDED JANUARY J LAND USE ........................MIXED USE ~ ~ ~ ply o N43'S8 55 E 1387.69 26, 2007 AS INSTRUMENT N0. 2007-0063024 ~ ~ ~ ~ ~ I i OF OFFICIAL RECORDS ..J,1 _ ~GZ~ NORTH N A ~ ~ / - - P L) EX. R/W I ~ ~ RESOLUTION N0. 07-06 BY THE ClT}' OF .l lP SOUTH .............................U I~ ~5~ C 28~` I I ~ TEMECULA APPROVING SAID L-ASEMENT WA5 0~' EAST ................................OS-C ; ~N ~ _ _ WEST ................................L! ~ ~ T~ ~ n I I I RECORDED JANUARY 18, 2007 AS n~ INSTRUMENT N0. 2007-004364 OF OFFICIAL w ~ I I 1 ~ RECORDS UT~ITYPI~RI~FYC~S EXl T. P P. PR P. ~ RAT AREA DATA R R R i WATER .......................RCWD 100' 100' cAS ..........................sQ CALIF cAS ~a~ 12 7 2 ELECTRICAL ...............SO CALIF. EDlSON ~ 2 PARCEL 1 839,201 S F. ~ SITE /S WITHIN A FAULT ZONE MODERATE TO I~ERY HIGH 6 ~ s 6 ~ ~ 6' TELEPHONE I/ER/ZON ~ ~ 38 3 6 6' PARCEL 2 472,846 S.F. PROP. -PROPOSED SEWER ......................EMWD RCWD LIQUEFACTION POTENTIAL s XIST. SIDEWALK 6 ROP. SIDEWALK PROP. SIDEWALK ~ / EXIST. SLOPE ~+YALK 6 PARCEL 3 175,400 S F. L71. - EX/STING CABLE .......................TIME WARNER 2~ _ _ _2~ 2 ~ 2 ' ~ Ra~or~zo~r~ar~v LOT A 27,404 SF. -PROPERTY LINE - ~ - PROP. I~'/~ ~y AA, J'~~~A~J/~/ FLOOD PLAIN /100 YEAR-ZONE AE SIDEWALK ~~I-GV~M l~l.fi/r L/Gi7~Y/`'1!/V/r l } ~ FIRM NUMBER - 0606502720 G EX T. ~ ~ ~ ~ LOT B 1,987 S.F R/W - RIGHT OF WAY RAP. pRpi? PROP. PRDJECT IS NOT WITHIN A SPECIfIC P1AN CURB & EXIST. pRQp. CURB & CURB & PROP. MEDIAN pROp PROP. LOT C 4,380 SF. PROPERTY LINE ~ $ GUTTER DENDY PAVEMENT GUTTER GUTTER PAVEMENT PAI/EMENl PROP. CURB & ~ RIGHT OF WAY PAVEMENT GUITER LOT D 750 S F, - - - CENTERLINE PLAN~E~IG4 TI~II PWKY. THERE tS NO EVIDENCE OF STORED HAZARDOUS T YP~CAL ,S'~G~TK~V T YPK.'AL ,S'~G'T~V TOTAL 1,521,968 S F. COMMUNITY IN OR PARTIALLY WITHIN TEMECULA MATERIAL ABOVE OR BELOW GROUND. A~YPA1~CWi4Y D~AZHbAU G'0~6UK~7YFAG~f'D~STf~T ~ I~STt~CT nror n, scacE nnr ~ sr,~eF L/NEDATA CURVEDATA NAME.• NOT /N A COMMUNITY FACILITY DISTRICT TEMECULA VALLE7' UNIFIED PRAP oX/SST. BRG. DISI: DELTA RADIUS LENGTH TANGENT. DISTRICT NUMBER.' NOT AVAILABLE "l" z ' ~ i N41'43'04Y 18.54' 1 13108102" 188.00' 43.10' 21, 64' 100, 11 7 1 1 2 N46'01'521Y 6200' 13738'02 21200' 48.60' 24.41' 5' 3 N88'39 24V 33.98' 3 02"48'28" 1950 00' 95.56' 47.79' ' REMSIDNS 5 ' , B 32 6 ROP. SIDEWALK PROP. SIDEWALK EWALK 6 4 N03'08'14V 33.80' 4 0374'07" 45.08' 255' 1.27' (tOFESSI, 2 ' 5 N43'5855 "E 51.01' 5 267248" 55.56' 2527' 12 91' SOH & Associates, Inc 4r~` l y Cm 11minjoill PROP. PROP. 6 N46'Of'56"E 43.74' 6 2673'51 " 55.56' 25.37' 12 91' 2=CMOPAvg OUNDA8 w No 218 m ~ CURB & MEDIAN Exp. a-m-m PROP. PROP. 7PROP. PROP,& 7 N46'Of'56"E 98.15' 0374'07" 45.08' 2.54' 1.27' 0 100 200 300 400 CURB RIVW", CWOOMIe M7 GUTTER PAIVEMENT PA~EMEN7 MEN I PAVEMENT GUTTER 8 332'53'54 Y 15.56' 8 0278'23" 12000 00' 80.51' 40.26' TEL' (951) OMM FAX(M)7WO14 rF F0~` Ofi MARK DESCRIPTION BY APPR DATE ELI DESIGNED 8Y- 5.5. DRAWN 8Y- R.J.M ChlEW S~ 9 N41'40'32 "E 7297' SCALE 1 " 100' CHECKED BY.• B. G. E. PROJECT MANAGER 5 S Avr m -qm r b ET1CF1 ITEM NO. 31 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 23, 2009 SUBJECT: Acquisition of Property Located at 28725 Pujol Street RECOMMENDATION: That the Board of Directors: Adopt a resolution entitled: RESOLUTION NO. RDA 09- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND ANTONIO RAUL MUNIZ AND AIDA MUNIZ FOR THE PURCHASE OF CERTAIN REAL PROPERTY FOR AFFORDABLE HOUSING BACKGROUND: The subject property is adjacent to the north side of the Habitat for Humanity project where five (5) homes have been completed. Acquiring this site will allow the Agency to work with Habitat for the construction of two (2) additional homes. The Agency is in the process of completing the Final Map for those two (2) homes. With the addition of these two (2) additional homes that would bring the total for this site to seven (7) Habitat homes and nine (9) for the entire Pujol neighborhood area. The total size of the subject property is 0.23 acres. Although it is envisioned that the subject property will be a site for additional Habitat for Humanity homes, if negotiations are unsuccessful additional affordable housing re-use options will be analyzed. A Phase I Environmental Analysis has been conducted on the property to determine the presence of hazardous waste or unacceptable soil condition. The results of this analysis recommended no further action was necessasary as long as any septic systems or water wells are properly abandoned when the property is developed. FISCAL IMPACT: The purchase price of $84,000.00 for the land is an all cash transaction. Additional fund authorization in the amount of $7,500.00 is requested to cover escrow, closing costs, and related fees. The $91,500.00 represents an all-inclusive settlement and full payment of just compensation for the acquisition of all property interests. Funds for this acquisition will be appropriated from the Agency's Housing fund. ATTACHMENTS: Site Map RDA Resolution 09- Purchase and Sale Agreement w., ?a4crTY nk IMM~CITf~ Legend City q T N Streets p Parcels 206 1 J O~ JJ 0 200 400 600 ft. Scale: 1:2,045 Map center: 6287459, 2122999 This map 1s .a user generated static output from an Internet =n ing site and is for general reference only. Data layere that appear an this map may aot be accurate, current, or othermse reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. RDA RESOLUTION NO. 09- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND ANTONIO RAUL MUNIZ AND AIDA MUNIZ FOR THE PURCHASE OF CERTAIN REAL PROPERTY FOR AFFORDABLE HOUSING THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: 1. Findines. A. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. B. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan (the "Project Area") are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. Antonio Raul Muniz And Aida Muniz, husband and wife ("Sellers") are the owners of certain real property located at 28725 Pujol Street in the City of Temecula, APN 922-062-010-0 ("Property") D. Agency proposes to purchase the Property for with funds from the Agency's Low and Moderate Income Housing Fund for the purpose of eventually developing the Property for affordable housing in accordance with the Plan and the CRL. E. The purchase price to be paid by the Agency for the Property pursuant to the Purchase and Sale Agreement is not more that the fair market value of the Property. 2. Approval of Purchase and Sale Agreement. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" by and between 1081620.1 the Redevelopment Agency of the City of Temecula and Antonio Raul Muniz and Aida Muniz, husband and wife (the "Agreement"), with such changes to the Agreement as may be mutually agreed upon by Sellers and the Executive Director as are in substantial conformance with the form of such Agreement on file in the Office of the Secretary/City Clerk. The Chairman is hereby authorized to execute the Agreement, on behalf of the Agency. A copy of the final Agreement when executed by the Chairman shall be placed on file in the Office of the Secretary/City Clerk. 3. Executive Director's Authority. The Executive Director (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and convenient to carry out and implement the Agreement, and to administer the Agency's obligations, responsibilities and duties to be performed under the said Agreement., including but not limited to, approval and execution on behalf of the Agency of the such implementing agreements, grant deeds, acceptances, escrow instructions, certificates, estoppel letters, and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to implement the Agreement. 4. Certification. The Secretary/City Clerk shall certify the adoption of this Resolution. 2 1081620.1 AGREEMENT FOR PURCHASE AND SALE AND ESCRO11' INSTRUCTIONS THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS (this "Agreement") dated as of June 23, 2009 is entered into by and between ANTONIO RAUL MUNIZ and AIDA MUNIZ, husband and wife (collectively, "Seller"), and the TEMECULA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Buyer"). 1. SALE AND PURCHASE PRICE. 1.1 Sale and Purchase. Upon and subject to the terms and conditions in this Agreement, Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller fee simple title to the land identified as Assessor's Parcel Number 922-062-010-0 located at 28725 Pujol Street in the City of Temecula, County of Riverside, State of California, more particularly described on Exhibit "A" attached hereto, together with any and all easements, privileges, permits, licenses, entitlements, and other rights appurtenant thereto ("Real Property"), and all buildings, fixtures, equipment, structures, parking areas, landscaping, appurtenances and other improvements constructed or situated on the Real Property ("Improvements"). The Real Property and Improvements are hereinafter collectively referred to as the "Property". 1.2 Purchase Price. The purchase price ("Purchase Price") for the Property shall be Eighty-Four Thousand Dollars ($84,000), payable in cash. Within five (5) business days after the date of execution hereof, Buyer shall deliver to Escrow Holder (as herein defined) cash in the amount of Ten Thousand Dollars ($10,000.00) (the "Deposit") in the form of a cashier's check, by a wire transfer, or other form acceptable to the Escrow Holder. The Deposit shall be placed in an interest-bearing account and all interest accrued thereon shall increase and become a part of the Deposit. On the close of escrow, the Deposit shall be applied toward the cash payment of the Purchase Price. Prior to the close of escrow, the Deposit shall be fully refundable to Buyer in the event this Agreement is terminated and Buyer is not in default. The remaining balance of the cash payment of the Purchase Price shall be deposited by Buyer into Escrow in the form of a cashier's check, wire transfer, or other form acceptable to the Escrow Holder, prior to the close of escrow. 1.3 No Relocation Assistance. Seller hereby acknowledge and agree that the Property is owner occupied, and that the purchase and sale of the Property is being made in the course of voluntary negotiations between Seller and Buyer. Buyer shall have no obligation to Seller under the State Eminent Domain Law or under the Relocation Assistance and Real Property Acquisition statutes and guidelines, including but not limited to California Government Code Section 7260 et seq. and Section 6000 et seq. of Title 25 of the California Code of Regulations, and the Seller hereby waives any such assistance or benefits if applicable. Seller hereby further waives any and all claims he may have now or in the future for compensation for relocation assistance, relocation benefits, pre-condemnation damages, compensation for property or for loss of goodwill under California Code of Civil Procedure Section 1263.510 et seq. or any other applicable law. 11087-0009\1115232v2.doc 1 2. TITLE. 2.1 General. Title to the Property shall be conveyed by a Grant Deed acceptable to the Buyer and shall be evidenced by a CLTA Standard Coverage Form of Owner's Policy of Title Insurance (or an ALTA Extended Coverage Form Policy if Buyer elects such coverage as provided in Paragraph 2.3 hereof) ("Title Policy"), the cost of which shall be borne by Buyer, issued by First American Title Company, 3625 Fourteenth Street, Riverside, California 92501, Title Officer: Debra Dunn ("Title Company"), with liability in the full amount of the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens and encumbrances and other matters affecting title to the Property, except: 2.1.1 Real property taxes not yet due and payable; and 2.1.2 Items 3, 4, 5 and 6 described in that certain Preliminary Title Report dated February 4, 2009 prepared by First American Title Company under Order No. 0625-3223338 (22). 2.2 Acts After Date of Agreement. During the period from the date of this Agreement through the close of escrow, Sellers shall not record, or file for record or permit to be recorded or filed for record any document or instrument which will affect the title to or use of the Property without the prior written consent of the Buyer. 2.3 Option for ALTA Coverage. Buyer shall have the option of obtaining an ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form Owners Policy of Title Insurance. In such event, Buyer shall, at its expense, procure the ALTA Extended Coverage Survey (the "Survey"); provided, that, Seller shall provide to Buyer, at no cost to Buyer and within five (5) days after execution of this Agreement, a copy of Seller's most recent survey, if any, prepared with respect to the Property. The cost of an ALTA Extended Coverage Form Policy of Title Insurance shall be borne by Buyer. 3. RIGHT OF ENTRY. 3.1 Seller hereby grants Buyer and its agents, employees, contractors and subcontractors (collectively "Representatives") the right to enter on the Property for the purpose of conducting soils and geological investigation and testing for toxic or hazardous substances and other contamination. Such investigations shall be at Buyer's expense. 3.2 All work performed by Buyer and its Representatives will be performed diligently and in a manner consistent with the standards of care, diligence and skill exercised by recognized consulting firms for similar services, and in accordance with all regulatory and good management standards and the requirements of any governmental agency or entity and all applicable laws. 3.3 Buyer and its Representatives shall promptly notify the Seller of any discovery, spill, release, or discharge of any "Hazardous Materials", as defined in Paragraph 5, on, under or about the Property which is discovered, encountered, or results from or is related to the Buyer's or its Representatives' access to and/or use of the Property under this Agreement. 11087-0009\1115232v2.doc 2 3.4 In connection with the use of the Property by Buyer and its Representatives, Buyer shall, at its own cost and expense, take any necessary action to keep the Property, and any improvements and personalty thereon, in good order and repair and safe condition to the extent that such Property, improvements or personalty were in such condition prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition, including, without limitation, ensuring that any holes, ditches or other indentations, as well as any mounds or other inclines created by any excavation by Buyer or its Representatives are regraded, resurfaced and compacted. If any portion of the Property or an adjacent property, including improvements and fixtures, suffers damage or alteration by reason of the access and activities of Buyer or its Representatives on the Property, Buyer shall, at its own cost and expense, promptly repair all such damage and restore the Property or adjacent property to as good a condition as before such damage or alteration occurred, or if it cannot be repaired, Buyer shall replace such damaged or altered property to the extent possible. 3.5 Buyer agrees, at its sole cost and expense, to defend, protect, indemnify, and hold free and harmless Seller and its employees, agents, and representatives, and their successors, and assigns (individually as "Indemnitee" and collectively, "Indemnitees"), free and harmless from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever ("Claims"), including fees of accountants, attorneys, expert witnesses, or other professionals, and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Buyer or any of its Representatives arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to entry upon the Property pursuant to this Paragraph 3, except for that portion or percentage of a Claim against an Indemnitee based on the negligence, gross negligence or willful misconduct of such Indemnitee. 4. ESCROW. 4.1 Agreement to Constitute Escrow Instructions. This Agreement shall constitute escrow instructions and a copy hereof shall be deposited with the Escrow Holder for this purpose. 4.2 Escrow Holder. The escrow shall be opened with First American Title Company, 3625 Fourteenth Street, Riverside, CA 92501, Attention: Debra Dunn ( Escrow Officer ) ("Escrow Holder"), within five (5) business days after the execution of this Agreement (or copies thereof) by Buyer and Seller by depositing an executed copy or executed counterparts of this Agreement with Escrow Holder. This document shall be considered as the escrow instructions between the parties, with such further instructions as Escrow Holder requires in order to clarify the duties and responsibilities of Escrow Holder. If Escrow Holder shall require further escrow instructions, Escrow Holder shall promptly prepare such escrow instructions on its usual form for the purchase and sale of the Property upon the terms and provisions hereof. Provided such further escrow instructions are consistent with this Agreement, they shall be promptly signed by Buyer and Seller within five (5) business days after delivery thereof to each party. The further escrow instructions shall incorporate each and every term of this Agreement and shall provide that in the event of any conflict between the terms and conditions of this 11087-0009\1115232v2.doc 3 Agreement and such further escrow instructions, the terms and conditions of this Agreement shall control. 4.3 Opening of Escrow. Escrow shall be deemed open on the date of delivery to the Escrow Holder of a copy of this fully executed Agreement. 4.4 Close of Escrow. Provided all of Seller's and Buyer's obligations to be performed on or before close of escrow have been performed and all the conditions to the close of escrow set forth in this Agreement have been satisfied, escrow shall close on or before July 23 2009 ("Closing Date"). All risk of loss or damage with respect to the Property shall pass from Sellers to Buyer at the close of escrow. Possession of the Property shall be delivered to Buyer upon the close of escrow. 4.5 Buyer's Deliveries. On or before the close of escrow, Buyer shall deposit into escrow the following (properly executed and acknowledged, if applicable): 4.5.1 The Purchase Price; and 4.5.2 a Certificate of Acceptance duly executed and acknowledged (for attachment to the Grant Deed). 4.5.3 All other documents contemplated by this Agreement and required by Escrow Holder to be deposited by Buyer to carry out this escrow. 4.6 Seller's Deliveries. Before the close of escrow, Seller shall deposit into escrow the following (properly executed and acknowledged, if applicable): 4.6.1 A Grant Deed conveying the Property to Buyer; 4.6.2 Non-foreign affidavits with respect to Seller (both California state and federal forms); and 4.6.3 Any other documents contemplated by this Agreement or required by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow. 4.7 Conditions to the Close of Escrow. Escrow shall not close unless and until both parties have deposited with Escrow Holder all sums and documents required to be deposited as provided in this Agreement. The failure of a party to timely deposit any such sums and/or documents shall constitute a default by such party. Furthermore, escrow shall not close unless Seller shall be able to deliver possession of the Property to Buyer free of all tenants, leases and/or agreements. Seller agrees to indemnify, protect, hold harmless and defend Buyer and its employees, agents, representatives, council members, attorneys, successors and assigns from and against any and all claims raised after closing by tenants raising or seeking any rights to relocation assistance or benefits based on their tenancy on the Property prior to the sale hereunder. In addition to the closing conditions set forth above, Buyer's obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for Buyer's benefit and may be waived only by Buyer: 11087-0009\1115232v2.doc 4 4.7.1 Seller shall have performed all agreements to be performed by Seller hereunder; 4.7.2 Seller's representations, warranties and covenants set forth in this Agreement shall be true and correct as of the Closing Date; 4.7.3 Buyer's approval, in its sole and absolute discretion, of the results of such soils, geological, toxic waste, hazardous substance, and/or any other kind of soil or water contamination tests and analyses as Buyer or its agents, employees or representatives may, prior to the Closing Date, perform with respect to the Property; 4.7.4 As of the Closing Date, there shall have been no material adverse changes in the physical condition of the Property, as described in Paragraph 6 or otherwise; and 4.7.5 Title Company shall have issued or shall have committed to issue the Title Policy to Buyer, for the amount of the Purchase Price showing fee title to the Property to be vested in Buyer, subject only to such conditions, covenants, restrictions, and utility easements of record as are approved by Buyer in its sole and absolute discretion. Waiver of any condition to close of escrow shall not relieve any party for liability resulting from breach of any representation, warranty, covenant or agreement under this Agreement. In the event that the conditions to close of escrow are not timely satisfied for a reason other than a default of Buyer or Seller under this Agreement: (i) This Agreement, the escrow and the rights and obligations of Buyer and Sellers hereunder shall terminate, except as otherwise provided herein; provided, however, no such termination shall occur until (A) Buyer has had the opportunity to waive any condition for Buyer's benefit within two (2) business days after the later of Buyer's receipt of written notice from Sellers or Buyer's discovery that such condition will not be satisfied, and (B) Buyer does not elect to waive such condition; and (ii) Escrow Holder, upon such termination, is hereby instructed to promptly return to Buyer all funds (and all interest accrued thereon) and documents deposited by Buyer in escrow and to return to Sellers all funds and documents deposited by Sellers in escrow and which are held by Escrow Holder on the date of the termination (less, in the case of the party otherwise entitled to such funds, however, the amount of any cancellation charges required to be paid by such party under Paragraph 4.12 below). 4.8 Recordation of Grant Deed; Delivery of Funds. Upon receipt of the funds and instruments described in this Paragraph 4, Escrow Holder shall cause the Grant Deed to be recorded in the office of the County Recorder of Riverside County, California. Thereafter, Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges) to Seller. 4.9 Prorations. All real and personal property taxes, liens and assessments shall be prorated between Buyer and Seller as of the close of escrow based on the latest available tax information or, at Seller's election, such taxes, liens and assessments may be paid in full through escrow to the lienholder. If such liens are paid through escrow, Escrow Holder shall cause the liens to be discharged and the discharge recorded prior to conveyance of fee title of the 11087-0009\1115232v2.doc 5 Property to Buyer. Any supplemental or escape real estate taxes and assessments on the Property attributable to the period prior to the close of escrow shall be paid by Seller outside of the escrow. All prorations shall be determined on the basis of a 360-day year. 4.10 Costs of Escrow. Buyer shall pay all escrow fees and costs associated with the purchase of the subject real property, the cost of recording the Grant Deed, if any, the cost of documentary transfer taxes in connection with the recordation of the Grant Deed, if any, and all other closing costs or charges. 4.11 Escrow Cancellation Charges. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges. In the event that the escrow shall fail to close for any other reason, each party shall pay one-half (1/2) of all escrow and title cancellation charges. 4.12 Broker's Commissions. Buyer and Seller represent to one another that no broker or finder has been engaged in connection with the transaction contemplated by this Agreement, or to its knowledge is in any way connected with such transaction. Seller covenants and agrees that any broker fee or commission, which may be due or payable in connection with the closing of the transaction contemplated by this Agreement, shall be borne solely by Seller. Seller agrees to indemnify, defend, protect and hold harmless Buyer and its respective employees, agents, representatives, council members, attorneys, successors and assigns, from and against all claims of any agent, broker, finder or other similar party arising from or in connection with the sale of the Property to Buyer. 5. REPRESENTATIONS AND WARRANTIES BY SELLERS. In consideration of Buyer's entering into this Agreement and as an inducement to Buyer to purchase the Property, Seller makes the following representations and warranties, each of which is material and is being relied upon by Buyer (the continued truth and accuracy of which shall constitute a condition precedent to Buyer's obligations to close hereunder and each of which shall survive the close of escrow): 5.1 There are no suits pending against or affecting or, to the best of Seller's knowledge, without having made investigation thereof, threatened against the Property or its use, whether in law or at equity; 5.2 Other than as disclosed in this Agreement, no joinder, consent, or waiver of or by any third party is necessary to permit the consummation by Seller of the transaction contemplated pursuant to this Agreement; 5.3 To Seller's best knowledge, there are no materials, reports and information in relating to the Environmental Condition (any condition that exists prior to or after the Closing Date, with respect to the air, land, soil, surface, subsurface strata, surface water, ground water, storm water or sediments) of the Property, and there are no outstanding environmental remediation orders or decrees (federal or state) regarding the Property. Seller shall deliver to Buyer any materials and reports relating to the Environmental Condition of the Property which comes into Seller's possession, and any information relating to the Environmental Condition of the Property of which Seller becomes aware; 11087-0009\1115232v2.doc 6 5.4 To the best of Seller's knowledge, Seller is not aware of the existence of any violation of law or violation of governmental regulation with respect to the Property, including any Environmental Laws, as hereinafter/ defined; 5.5 There are no pending, or to the best of Seller's knowledge, without having made investigation thereof, threatened proceedings in eminent domain, which would affect the Property, or any portion thereof, 5.6 There has been no production, disposal or storage on the Property of any Hazardous Materials (as hereinafter defined) by Seller or any of the contractors, agents, employees or representatives of Seller or, to the best of Seller's knowledge, any previous owner or current or previous tenant of the Property; and to the best of Sellers knowledge, there has not been any other activity on the Property which could have resulted in the deposit or release on the Property of Hazardous Materials, or the violation of any Environmental Laws, or which could result in any proceeding or inquiry by any authority with respect thereto; 5.7 Seller is not a "foreign person" within the meaning of Internal Revenue Code 1445; and 5.8 As of the Closing Date, there shall be no leases and/or other agreements in existence affecting the Property. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof. any hazardous substance, pollutant, contaminant, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et sec; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et sec; asbestos and asbestos-containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et sec ; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et sec; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et sec l-, the Clean Water Act, 33 U.S.C. Section 1251 et seq; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et sec; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et sec; the National Environmental Policy Act, 42 U.S.C. Section 4321 et sec; the Noise Control Act, 42 U.S.C. Section 4901 et sec; the Occupational Safety and Health 11087-0009\1115232v2.doc 7 Act, 29 U.S.C. Section 651 et sec; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et sec; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seMc; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et sec; as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right-to-Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et sue; the Atomic Energy Act, 42 U.S.C. Section 2011 et sec ; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et sec. ; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 6. EMINENT DOMAIN OR TAKING; PHYSICAL DAMAGE OR DESTRUCTION. 6.1 If, prior to the close of escrow, any material portion of the Property is taken or if the access thereto is reduced or restricted by eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated taking which has not been consummated, other than any such taking prosecuted by or on behalf of the Buyer), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to Seller given not later than ten (10) business days after receipt of Seller's notice. If Buyer does not exercise this option to terminate this Agreement, neither party shall have the right to terminate this Agreement, but the Seller shall assign and turn over to Buyer, and the Buyer shall be entitled to receive and keep, all awards for the taking by eminent domain which accrue to Seller, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without modification of the terms of this Agreement and without any reduction in the Purchase Price. Unless and until this Agreement is terminated, Seller shall take no action with respect to any eminent domain proceeding without the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed. 6.2 If, prior to the close of escrow, any material portion of the Property is physically damaged or destroyed due to any cause, natural or otherwise, including, without limitation, (i) fire or flooding, (ii) any destructive seismic or geological conditions such as any earthquake or tremor, subsidence, or unstable subsurface conditions; or (iii) a condition arising from any discharge of Hazardous Materials or other violation of any Environmental Laws, Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to Sellers given not later than ten (10) business days after receipt of Seller's notice. If Buyer does not exercise this option to terminate this Agreement, neither party shall have the right to terminate this Agreement, but the Seller shall assign and turn over, and the Buyer shall be entitled to receive and keep, all insurance proceeds paid by Seller's insurer in connection with such damage or destruction, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without modification of the terms of this Agreement and without any reduction in the Purchase Price (except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this Agreement is terminated, Seller shall take no action with respect to any such damage and destruction without the prior written consent of Buyer, which consent shall not be unreasonably witl-Aleld or delayed. 11087-0009\1115232v2.doc 8 7. INCORPORATION OF EXHIBITS. All exhibits attached hereto and referred to herein are incorporated in this Agreement as though fully set forth herein. 8. ATTORNEYS' FEES. In any action between Buyer and Seller seeking enforcement of any of the terms and provisions of this Agreement, or in connection with the Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable attorneys' fees and reasonable fees of expert witnesses. 9. NOTICES. All notices, requests, demands and other communication given or required to be given hereunder shall be in writing and personally delivered, sent by first class United States registered or certified mail, postage prepaid, return receipt requested, or sent by a nationally recognized courier service such as Federal Express, duly addressed to the parties as follows: To Buyer: Temecula Redevelopment Agency 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589 Attention: Luke Watson With a Copy To: Richards, Watson and Gershon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071- 3101 Attention: Peter Thorson To Seller: Antonio and Aida Muniz 33495 Mirage Circle Temecula, CA 92592 To Escrow Holder: First American Title Company 3625 Fourteenth Street Riverside, CA 92501 Attention: Debra Dunn-, Escrow Officer Delivery of any notice or other communication hereunder shall be deemed made on the date of actual delivery thereof to the address of the addressee, if personally delivered, and on the date indicated in the return receipt or courier's records as the date of delivery or as the date of first attempted delivery, if sent by mail or courier service. Any party may change its address for purposes of this Paragraph 9 by giving notice to the other party and to Escrow Holder as herein provided. 10. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned by either party without the prior written consent of the other party. 11. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their successors and assigns. 1 1087-0009\1 1 15232v2.doe 9 12. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein, and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose. No provision of this Agreement may be amended, supplemented or in any way modified except by an agreement in writing signed by the parties hereto or their respective successors in interest and expressly stating that it is an amendment of this Agreement. 13. ENFORCEMENT OF AGREEMENT BY SELLER. If the sale of the Property is not consummated as a result of the Buyer's material default hereunder, then Sellers may enforce their rights hereunder by an action against Buyer for damages, resulting from the material breach of this Agreement by Buyer. 14. ENFORCEMENT OF AGREEMENT BY BUYER. It is agreed that the rights granted to Buyer by Seller hereunder are of a special and unique kind and character, and that, if there is a breach by Seller of any material provision of this Agreement, Buyer would not have any adequate remedy at law. It is expressly agreed, therefore, that Buyer's rights hereunder may be enforced by an action for specific performance and such other equitable or legal relief as is provided under the laws of the State of California. 15. HEADINGS. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. 16. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 17. SURVIVAL. Any provision hereof which is executory as of the Closing Date and all representations and warranties shall survive such close of escrow and delivery of the Grant Deed and shall continue to be a binding provision on the parties hereto according to its terms. 18. TIME OF THE ESSENCE. Time is of the essence of this Agreement. 19. THIRD PARTIES. Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. 20. SEV ERABILITY. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, unless such invalidity, illegality or unenforceability materially affects the economic terms of the transactions contemplated by this Agreement or the ability of either party to perform its obligations under this Agreement. In such case, either party may terminate this Agreement and the escrow upon written notice to the other party given no later than ten (10) business days after the party giving such notice becomes aware of such invalidity, illegality or unenforceability. In the event of such termination, all funds 11087-0009\1115232v2.doc 10 deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to Buyer. 21. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any further acts and to execute, acknowledge and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. 22. IRREVOCABLE OFFER BY SELLER. Seller's execution and delivery to Buyer of this Agreement shall constitute an offer to sell the Property pursuant to the terms stated herein, which offer shall be irrevocable by Seller, provided that Buyer accepts such offer by executing and returning to Sellers a counterpart of this Agreement on or before July 23, 2009. Sellers understand and agree that Buyer is a governmental entity which must schedule and hold one or more meetings of its governing body in order to authorize Buyer's acceptance of this offer and that Buyer is relying on the irrevocability of this offer in processing it for consideration by the City Council of the City of Temecula and its governing body. Seller further acknowledges and agrees that this Agreement is tendered under the provisions of California Evidence Code Section 1152, and in the event this Agreement is not fully executed by the parties hereto, or is terminated for any reason whatsoever, this Agreement shall not be admissible to prove Buyer's liability in inverse condemnation, for precondemnation damages or otherwise, and may not be used as an admission of value in any eminent domain or other proceeding. 11087-0009\1115232v2.doc 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. SELLER: Antonio Raul Muniz Aida Muniz BUYER: TEMECULA REDEVELOPMENT AGENCY, a public body, corporate and politic Bv: Print Name: Ron Roberts Title: RDA Chairperson Attest: Susan W. Jones, MMC, City Clerk, Agency Secretary APPROVED AS TO FORM: Richards, Watson & Gershon By: Peter M, Thorson, Agency Counsel 11087-0009\1115232v2.doc 12 EXHIBIT "A" LEGAL DESCRIPTION OF THE LAND LOT 6 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE(S) 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOT AS VACATED BY RESOLUTION FILED DECEMBER 8, 1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. A.P.N.922-062-010-0 11087-0009\1115232v2.doc A-1 RDA DEPARTMENTAL REPORT ITEM NO. 32 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, Planning and Redevelopment Director DATE: June 23, 2009 SUBJECT: Redevelopment Departmental Monthly Report RECOMMENDATION: Receive and file. REDEVELOPMENT Town Square Market Place - As part of the Civic Center Master Plan, the City has created a development opportunity for approximately 52,000 square feet of commercial and office development surrounding the Town Square along the reconfigured Main Street. The Agency issued a Request for Interest to select a preferred development partner. On August 26, 2008, the City Council entered into an Exclusive Negotiating Agreement (ENA) with Pelican Properties to develop the project. Pelican has participated in several meetings with Old Town stakeholders and adjacent property owners. They have worked closely with staff on site planning issues. On January 22, 2009 the Executive Director granted a three-month extension to the Exclusive Negotiating Agreement which expires on May 26, 2009. Due to the state of the economy staff recommends the Agency extend the ENA an additional 6 months. On May 26, 2009 Agency Board approved a six (6) month extension to the ENA. Auto Mall Sign - The Agency and Auto Dealers Association have agreed on deal points and both parties are reviewing the loan documents at this time. The new deal as of this time will include a loan from the Agency to the Auto Dealers Association in the amount of $875,000 for a state of the art high definition marquee sign. Part of the agreement stipulates that the City will have 10% of the time between sunrise and 11:00 PM daily to use the sign to promote City interests. The sign will be located on the currently vacant parcel south of Rancho Ford. The old sign will be removed. Facade Improvement Program - The Facade Improvement Program provides funding assistance to Old Town business and property owners to provide exterior improvements to their buildings and property. Funding in the amount of $102,000 is available during FY 2008-09. The following facade improvements are in process or recently completed: ■ La Menagerie - Design and install sand blasted wood signs ■ Butterfield Square - Paint exterior and replace exterior wood paneling ■ European Living - New signs ■ The Public House Restaurant - Hardscape improvements ■ English Cottage Garden - New signs ■ Up Your Alley Clothing - New signs ■ Truax Development - New signs ■ Travel by Cheryl - New signs ■ Emporium Center - Fagade Renovation HOUSING Housing Element Update - The Agency is preparing the Housing Element Update. A third draft of the Housing Element was submitted to the State Department of Housing and Community Development (HCD) for a 60-day review and comment period on April 9, 2009. HCD comments were received on June 9, 2009. RDA staff revised the final draft based on HCD's June 2009 letter. A revised timeline has been prepared that anticipates a Planning Commission hearing on August 5, 2009 and a City Council hearing on August 25, 2009. Upon adoption by the City Council, the Housing Element will be submitted a final time to HCD for a 90-day Certification review. The Warehouse at Creekside - On August 12, 2008, the City Council approved an Owner Participation Agreement with Warehouse at Creekside for an Affordable Housing Mixed Use Project. The Agency is currently working with Bill Dalton on a new development on 3rd Street in Old Town. The proposed development includes 32 units of affordable housing and a 3500 square foot ground floor of commercial. The project includes one dedicated parking space for each residential unit. Grading permits have been issued for the project. The project is currently under construction and is slated to be completed by fall 2010. Diaz Road Exclusive Negotiation Agreement - The Agency issued a Request for I nterest to select a preferred development partner for the 30-acre site located on Diaz Road. Seven firms have responded. On September 9, 2008, the City Council entered into an Exclusive Negotiating Agreement with RC Hobbs Company to develop the project. The applicant has met with adjacent property owners and has worked diligently with City staff on various site-planning issues. The Executive Director granted a three-month extension to the Exclusive Negotiating Agreement on January 28, 2009 which expires June 9, 2009. The applicant filed the development plan application on February 5, 2009 and has submitted their development pro forma on schedule per the ENA. Due to ongoing work on the project, RC Hobbs has requested to take advantage of a provision in the ENA and has asked to extend the ENA period for and addition three (3) months. Temecula Lane - On January 13, 2009 the City Council adopted a resolution to accept 11 residential units within the Temecula Lane development. The resolution called for the initiation of the process of conveyance of these 11 units to a suitable affordable housing partner. On January 16, 2009 the Agency issued a Request for Proposal (RFP) to solicit a potential affordable housing partner to take ownership of the 11 units within the Temecula Lane development. The deadline for the RFP submittals is February 12, 2009. The Agency interviewed 6 potential affordable housing partners and made a recommendation to the Council at closed session on April 14, 2009. On May 26 the City Council approved the Purchase and Sale Agreement and Escrow Instructions forthe Sale of the 11 Units at Temecula Lane to JHC Acquisitions, an affiliate of Jamboree Housing Corporation. Escrow for this transaction has been opened and staff anticipates the closing date to be June 19, 2009. First Time Homebuvers Program - On July 22, 2008, the City Council approved an amendment to increase the loan amount for down payment assistance from $24,000 to $65,000. This down payment assistance will allow qualifying households to purchase homes in the $250,000 - $300,000 price range. Payments and interest are deferred for the first 5 years and then fully amortized in years 6 through 30. The Agency conducted a workshop for approved lenders on November 20, 2008 to explain and promote the program. A second presentation was made to the Southwest Riverside Board of Realtors on December 4, 2008. Staff continues to receive daily calls of interest in the program and the Agency has closed escrow on three purchases totaling $113,883 and has received an additional four requests for funding at this time. Summerhouse - The Agency is currently in discussions with an affordable housing developer in regards to the purchase of the Summerhouse development near the intersection of Margarita Road and Temecula Parkway. The affordable housing developer has entered into escrowforthe site and submitted a development pro forma which is currently being reviewed. Residential Improvement Programs - The program budget for FY 08-09 is $200,000.00, with $105,000 funded to date. The amount available to each participant is $7,500. The Redevelopment Agency is currently processing 22 loan applications. PUBLIC HEARING ITEM NO. 33 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, City Planner DATE: June 23, 2009 SUBJECT: Long Range Planning Project No. LR09-0007 Small Wind Energy Conversion System Ordinance - At the request of Mayor Edwards, an Ordinance to establish development standards for allowing small wind energy conversion systems within all zoning districts, with the exception of the Open Space-Conservation zoning district PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council: Introduce and read by title only an Ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH CITYWIDE STANDARDS FOR SMALL WIND ENERGY CONVERSION SYSTEMS IN VARIOUS ZONING DISTRICTS WITHIN THE CITY OF TEMECULA SUMMARY OF ORDINANCE: The City of Temecula Zoning Code currently does not provide standards which allow for siting small wind energy generation systems within the City. The proposed Ordinance would amend Title 17 of the City of Temecula Municipal Code by allowing small wind energy generation systems, typically between 400 watts and 100 kilowatts, within all zoning districts with exception to the Open Space - Conservation zoning district. The proposed Ordinance establishes development standards and restrictions, as well as defines the review and approval process for this type of land use. BACKGROUND: At the request of Mayor Edwards, staff prepared a draft Ordinance to allow small wind energy conversion systems within various areas of the City of Temecula. In preparing the proposed Ordinance, staff reviewed the State of California Government Code Section 65892.13 et seq. for small wind energy systems, which was enacted in 2002 but has since been repealed by its own terms in 2006. Staff also reviewed Ordinances from the Counties of Riverside and Santa Cruz, and the Cities of Murrieta, Crescent City, and Rohnert Park. Additionally, staff referred to the "Permitting Small Wind Turbines: A Handbook," which was prepared by the American Wind Energy Association through a grant from the California Energy Commission. Based on the review of various Ordinances that allow small wind energy systems, staff concluded that allowing these types of systems within the City is consistent with the proposed goals of the draft City Sustainability Plan, and would result in reducing dependence on nonrenewable energy resources, and would result in reducing air and water pollution that result from conventional sources of energy generation. Establishing standards, which allow small wind energy conversion systems to be used within the City of Temecula, will enable interested persons to reduce their dependency on utility provided electricity, reduce their monthly electricity bills, reduce green house gas emissions which cause air pollution, and support a renewable non-polluting energy source. Staff presented the draft Small Wind Energy Conversion System Ordinance to the Planning Commission on May 6, 2009. The Planning Commission expressed concerns with the proposed approval process, the maximum allowable heights, setback requirements adjacent to neighboring residential dwellings, and potential visual impacts along Interstate 15 and the prominent western escarpment ridgeline. Staff presented a revised draft Ordinance to the Planning Commissions on May 20, 2009, at which time the Commission added height and setback restrictions based on the lot size and proximity to the Interstate 15 freeway, and recommended that the City Council adopt the Small Wind Energy Conversion System Ordinance. FISCAL IMPACT: An applicant proposing a small wind energy conversion system that requires an Administrative Development Plan will be required to pay a Planning Application Fee of $157.00. An applicant proposing a small wind energy conversion system that requires a Conditional Use Permit will be required to a Planning Application Fee of $1,012.00. Planning Application Fees will offset staff cost to review and process small wind energy conversion system applications. ATTACHMENTS: Draft CC Ordinance Planning Commission May 20, 2009 Staff Report Planning Commission May 6, 2009 Staff Report ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH CITYWIDE STANDARDS FOR SMALL WIND ENERGY CONVERSION SYSTEMS IN VARIOUS ZONING DISTRICTS WITHIN THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Planning Commission of the City of Temecula held a duly noticed public hearing on May 6, 2009 and May 20, 2009 to consider the proposed changes to the Temecula Municipal Code, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. B. At the conclusion of the Commission hearing on May 6, 2009, and after due consideration of the testimony and discussion of the Commission, the Commission recommended continuing the item to address concerns cited by the Commission. C. The Planning Commission, at a regular meeting, reconsidered the application and environmental review on May 20, 2009, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. B. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 09-_, recommending that the City Council approve an amendment to Title 17 of the Temecula Municipal Code to allow for small wind energy conversion systems. Section 2. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of this Ordinance: A. Pursuant to the California Environmental Quality Act (CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the proposed Municipal Code amendment as described in the Initial Study. Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on March 24, 2009 and expired on April 13, 2009. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 43200 Business Park Drive, Temecula, California 92590. C. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the June 23, 2009 public hearing, and based on the whole record before it, finds that: (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. D. Based on the findings set forth in this Resolution, the City Council hereby adopts the Negative Declaration prepared for the Project. The Director of Planning is authorized and directed to file a Notice of Determination in accordance with CEQA. Section 3. Section 17.05.020.6 is hereby amended to read as follows: "When Required. Administrative review is permitted for applications for minor exceptions, temporary uses, secondary dwelling units, small wind energy conversion systems, and for minor modifications to approved development plans and conditional use permits that were previously approved pursuant to Chapter 17.05." Section 4. Section 17.05.020.F. is hereby amended to read as follows: "F. Findings. The director of planning shall consider applications for administrative approval and may, with such conditions as are found necessary, approve the project. In making such determination, the director of planning shall find the proposed use in general accord with the following findings: 1. That the proposed project is consistent with the objectives and applicable provisions of the development code, and the purpose of the zoning district in which the site is located. 2. That the proposed project is consistent with the general plan. 3. That the proposed project together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 2 In making such determination for small wind energy conversion systems above 60 feet in height, the Planning Commission shall find the proposed use in general accord with the following findings: 1. The proposed project meets all development standards as identified in this section of the Development Code. 2. The proposed project does not exceed the manufactures recommendations for height requirements. 3. The proposed project's design is consistent with adjacent uses, buildings and structures and will not adversely affect adjacent residents or detract from the character or quality of surrounding properties. 4. The proposed project has unique features, which results in practical difficulties or unnecessary hardship created by strict application of the Code due to physical characteristics of the property. 5. The proposed project would not be detrimental to the public interest, health, safety, convenience or welfare of the city." Section 4. Table 17.06.030 is hereby amended by adding the following: Table 17.06.030 Residential Districts Description of Use HR RR VL L-1 L-2 LM M H Non-Residential Small Wind Energy Conversion Systems 6 P P P P P P P P Notes: 6. Subject to the supplemental development standards contained in Chapter 17.10. Section 5. Table 17.08.030 is hereby amended by adding the following: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/industrial Districts Description of Use NC CC HT SC PO BP LI S Small Wind Energy Conversion Systems' P P C P P P P Notes: 1. Subject to the supplemental development standards contained in Chapter 17.10. 3 Section 6. Table 17.12.030 is herby amended by adding the following: Table 17.12.030 Schedule of Permitted Uses - Public/Institutional Districts Description of Use Public/Institutional District (PI) S Small Wind Energy Conversion System2 P Notes: 2. Subject to the supplemental development standards contained in Chapter 17.10. Section 7. Table 17.14.030 is herby amended by adding the following: Table 17.14.030 Schedule of Permitted Uses - Open S ace Schedule of Uses PR OS OS-C Small Wind Energy Conversion Systems2 C C - Notes: 2. Subject to the supplemental development standards contained in Chapter 17.10. Section 8. Subsection 17.10.020.R entitled Small Wind Energy Conversion System is herby added to Chapter 17.10 of the Temecula Municipal Code to read as follows: "R. Small Wind Energy Conversion System 1. Definition. Small wind energy conversion systems means a wind energy conversion system consisting of a wind turbine, tower, blades, associated controls and conversion electronics, which has a rated output capacity that does not exceed 30 kilowatts, and which will be used to reduce on-site consumption of utility provided power. 2. Use. A small wind energy conversion system shall be used exclusively to supply electrical power for on-site consumption. When a parcel on which a small wind energy conversion system is installed also receives electrical power supplied by a utility company, excess electrical power generated by the small wind energy conversion system may be used by the utility company in exchange for a reduction in the cost of electrical power supplied, as long as no net revenue is produced by such excess electrical power. 3. Approval. Small wind energy conversion systems shall be reviewed as follows: 4 a. Small wind energy conversion systems within the Hillside Residential (HR), Rural Residential (RR), Very Low Density Residential (VL), Low Density Residential (L-1), and Low Density Residential (L-2) Zoning Districts shall require an Administrative Development Plan application, and may be approved administratively by staff, pursuant to Section 17.06.010 of the Temecula Municipal Code. If during the application review period, staff receives written opposition from one of the noticed property owners, the project may be referred to the Director of Planning or the Planning Commission for consideration. b. Small wind energy conversion systems within the Low Medium Density Residential (LM), Medium Density Residential (M), High Density Residential (H), Community Commercial (CC), Neighborhood Commercial (NC), Service Commercial (SC), Professional Office (PO), Business Park (BP), Light Industrial (LI), and Public Institutional (PI), shall require an Administrative Development Plan application, and shall require a public hearing pursuant to Section 17.06.010 of the Temecula Municipal Code. C. Small wind energy conversion systems within the Highway Tourist Commercial (HT), Parks and Recreation (PR), and Open Space (OS) zoning districts, shall require a Conditional Use Permit and shall be reviewed by the Planning Commission, pursuant to Section 17.04.010 of the Temecula Municipal Code. d. Small wind energy conversion systems proposed with a maximum height above 60 feet shall be reviewed and considered at a public hearing by the Planning Commission. 4. Application Requirements. All applications for small wind energy conversion system shall require a building permit in accordance with the requirements of the Building and Safety Department, and shall require the following information: a. A site plan in accordance with the requirements outlined in the application for small wind energy conversion system. b. Drawings to scale and an engineering analysis of the entire system, including, but not limited to, the turbine, blades, tower, or mounting system, footings, and guy wires, shall be in compliance with the Uniform Building Code (UBC), and shall be certified by a California- licensed professional mechanical, structural, or civil engineer. The analysis shall demonstrate that the system is designed to meet the most stringent wind requirements (UBC wind exposure D), the requirements for the worst seismic class (UBC Seismic 4), and the weakest soil class, with soil strength of not more than one thousand pounds per square foot. 5 C. A line drawing of the electrical components connecting to the turbine in sufficient detail to allow for a determination that the manner of installation conforms to the 2007 California Electric Code. d. Information demonstrating that the system will be used primarily to reduce on-site consumption of electricity. e. Documentation that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states in the application, that system will not be connected to the electricity grid. f. Documentation that the proposed height of the wind turbine tower does not exceed the height recommended by the manufacturer or distributor of the system. g. Documentation that noise generated by the small wind energy conversion systems does not exceed noise levels at property lines as specified in this ordinance. h. Manufacturers' specifications including: type, size, rated power output, rotor material, performance, safety, and noise characteristics. i. Documentation that the proposed system has a manufacturers' warranty with at least five (5) years remaining from the date the application is filed. j. Documentation that the proposed system has a record of as least one (1) year of reliable operation at a site with average wind speeds of at least ten miles per hour. k. Information that the system complies with all applicable Federal Aviation Administration (FAA) requirements, including subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part I [commencing with Section 21001 ] of Division 9 of the Public Utilities Code). If it is determined that a proposed small wind energy conversion system located in an area that poses a potential interference to the French Valley Airport, the applicant may be required to provide the distance from the closest point of the runway, the latitude and longitude, and the maximum elevation above mean sea level of the proposed small wind energy conversion system. If it is determined that the FAA should be notified, the applicant shall electronically file Form 7460-1 "Notice of Proposed Construction or Alteration" with the FAA Obstruction Evaluation Service (oeaaa.faa.gov). No building permit shall be granted for a small wind energy conversion system until the FAA 6 has issued a determination of "No Hazard to Air Navigation" for the project. 1. Letter from the Homeowner's Association indicating installation of a small wind energy conversion system is allowed pursuant to the HOA rules and regulations. The applicant is advised to verify that a small wind energy conversion system is allowed pursuant to the CC&Rs. M. A radius package from a title insurance company indicating all the property owners' names and the mailing addresses for properties located within a 300-foot radius of the exterior of the lot boundaries. 5. Standards. All small wind energy conversion systems are subject to the following requirements. a. Prohibited Locations. A small wind energy conversion system shall not be located: i. In a manner which obstructs the view from the public or of neighboring properties from a scenic viewshed as identified by the Community Design Element of the City of Temecula General Plan. ii. Within conservation easements established in compliance with Civil Code Section 815, et seq. and following, that does not specifically authorize wind energy conversion systems. iii. Within an open space easement established in compliance with Government Code Section 51070, et seq. and following, that does not specifically authorize wind energy conversion systems. iv. Within a scenic highway corridor designated pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division I of the Streets and Highways Code. V. Within or over a utility, drainage, or other established easement. vi. Within rive rine/ripa ria n habitat or other sensitive habitat areas as defined by the Western Riverside County Multi- Species Habitat Conservation Plan. vii. Within 25 feet of the canopy of a protected tree as defined by the Temecula Heritage Tree Ordinance. viii. On a slope equal to or greater than 20 percent. ix. In an area where FAA regulations would require a beacon, including but not limited to hazard beacons and strobe lights. X. Within 300 feet of the western escarpment ridgeline. A. Within 300 feet of the Interstate 15 right-of-way. 7 Protected buffer for the western Escarpment Ridgeline OS , -ctta anav ti14V P HR { b. Site and Architectural Compatibility. Small wind energy conversion systems shall be designed and sited to minimize visual impacts to the surrounding area. i. Small wind energy conversion systems within the L-1, L-2, LM, M, H, NC, CC, HT zoning districts shall be designed to be compatible and to scale of the site and surrounding area. The system shall not be freestanding, but shall be attached to the primary structure, second dwelling unit, or garage. ii. Small wind energy conversion systems within the HR, RR, VL, SC, PO, BP, LI, PI, OS and PR zoning districts shall be designed to be compatible and to scale of the site and surrounding area. The system may be freestanding or attached to the primary structure, second dwelling unit or garage. iii. The finished surfaces of small wind energy conversion systems shall be muted and visually compatible to blend with the surrounding area. C. Quantity. Small wind energy conversion systems are limited to one (1) per lot. d. Setback requirements. A small wind energy conversion system, including guy wires and anchors, shall be set back from adjoining property lines, provided that it also complies with any applicable fire setback requirements and maximum noise levels as follows: i. For attached small wind energy conversion systems, the minimum setback from the side and rear yards is five (5) feet. 8 ii. For freestanding small wind energy conversion systems within the HR, RR, VL, SC, PO, BP, LI, PI, OS and PR zoning districts, the minimum setback from the side and rear yards, including guy wires and anchors is 25 feet. If a freestanding small wind energy conversion system is located on a property that is adjacent to a residential dwelling or on a lot that is five (5) acres or greater, then the setback shall be equal to at least the height of the proposed small wind energy conversion system. iii. Small wind energy conversion systems shall be set back from above ground communication or electrical lines in accordance with the requirements of the communication or utility provider. e. Height limit. The maximum height of a small wind energy conversion system shall be as follows: i. All small wind energy conversion systems shall not exceed the manufacturers' height recommendations and shall comply with all FAA requirements. ii. For small wind energy conversion systems within the L-1, L- 2, LM, M, H, NC, and CC zoning districts, the maximum height shall not exceed the maximum building height of the zoning district in which the system is located, except that systems proposed within the L-1 residential zoning district on lots of one (1) gross acre or greater, the maximum height may be 60 feet. iii. For small wind energy conversion systems within the HT, SC, PO, BP, LI, PI, OS and PR zoning districts, the maximum height shall not exceed 60 feet. iv. For small wind energy conversion systems within the HR, RR, and VL zoning districts, the maximum height shall not exceed 60 feet, except that parcels of five (5) acres or greater, the maximum height shall not exceed 80 feet. Small wind energy conversion systems taller than 60 feet are subject to requirements of Section 17.10.020.R.3 of the Municipal Code. f. Turbine. The turbine technology proposed for the system shall be approved by a recognized standards-setting body for utility interactive power systems, such as the International Electronic and Electrical Engineers (IEEE 1547), or the Underwriters Laboratories Inc. (UL 1741). g. Noise. Except during short-term events including utility outages and severe wind storms, a small wind energy conversion system shall be designed, installed, and operated so that under normal 9 operating conditions, noise generated by the system does not exceed the following: i. For small wind energy conversion systems proposed for within or adjacent to residential zoning districts, the maximum noise levels shall not exceed 60 dBA at the property line. ii. For all other zoning districts, the maximum noise levels shall not exceed the outdoor noise levels at the property line as required by the City of Temecula General Plan. h. Speed/Brake Controls. A small wind energy conversion system shall be equipped with automatic speed controls to limit rotation speed to within the design limits of the system. Additionally, a small wind energy conversion system shall be equipped with a braking system that will allow the system to be shut-down in case of an emergency. i. Access and Safety. i. All small wind energy conversion systems shall be designed such that access is controlled to minimize inadvertent human contact and injury from all moving parts and electrical components of a system. ii. All climbing apparatus must be located at least 15 feet above the ground, and the tower shall be designed to prevent climbing within the first 15 feet. j. Signs. For tower mounted systems, only one (1) sign, limited to 18 inches in length and one (1) foot in height, shall be posted no higher than six (6) feet from the base of the tower, and shall include a notice of no trespassing, and warning of high voltage. k. Lighting. No illumination of the tower or turbine shall be allowed. 1. Maintenance. A small wind energy conversion system shall be maintained in an operational condition that poses no potential safety hazards. M. Removal. Within six (6) months after the operation of a small wind energy conversion systems has ceased or the permit therefore has expired, the applicant shall remove the small wind energy conversion system, clear the site of all equipment, and restore the site as nearly as practicable to its condition prior to the installation of the system. Failure to remove such small wind energy conversion system as required shall constitute a public nuisance." Section 9. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or 10 unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 10. Notice of Adoption. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. 11 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 12 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: May 20, 2009 PREPARED BY: Dale West, Case Planner APPLICANT NAME: City of Temecula PROJECT Long Range Planning Project Number LR09-0007, an Ordinance to SUMMARY: allow wind energy conversion systems within various zoning districts in the City of Temecula CEQA: Negative Declaration per Article 6 of Title 14 of the California Code of Regulations RECOMMENDATION: City Council approval of Ordinance BACKGROUND SUMMARY On May 6, 2009 staff presented the proposed Small Wind Energy Conversion Ordinance to the Planning Commission. At that meeting, the Commission asked that the following concerns be addressed by staff: • Clarify the Ordinance so that homeowners who reside within HOA's understand that their CC&Rs may not allow wind energy systems • Require a Conditional Use Permit (CUP) for applications in the Open Space (OS), Parks and Recreation (PR), and Highway Tourist (HT) zoning districts • Allow an increase in height from 60 feet to 80 feet in the Hillside Residential (HR), Rural Residential (RR), and Vey Low Density Residential (VL) zoning districts • Provide a minimum setback from neighboring residential dwellings within these the Hillside Residential (HR), Rural Residential (RR), and Vey Low Density (VL) Residential zoning districts • Clarify the prohibition of small wind energy conversion systems along Scenic Highway Corridors • Modify the ridgeline restrictions so that proposed ridgeline setback requirements apply only to the western escarpment ridgeline. Staff has prepared a revised draft Small Wind Energy Conversion System Ordinance addressing each of the above mentioned concerns. ANALYSIS Pursuant to the discussion from the May 6, 2009 Planning Commission meeting, staff has revised the standards for allowing small wind energy conversion systems by clarifying the approval process, height and setback requirements, restricted locations, and by incorporating language referring the potential CC&R restrictions for small wind energy conversion systems as follows: Approval Process The Planning Commission expressed concerns with the proposed approval process of small wind energy conversion systems. The Commission suggested that systems proposed within the Highway Tourist (HT), Open Space (OS), and Park and Recreation (PR) zoning districts and typically smaller lot zoning districts undergo a higher level review, whereas, the Commission felt that a staff level review for systems proposed within the larger rural lot zoning districts was appropriate. Additionally, the Commissioners expressed the importance for public input into the approval process of these systems. Based on the Planning Commission comments, staff proposes the following approval process: For small wind energy conversion systems proposed in the Hillside Residential (HR), Rural Residential (RR), and Very Low Density Residential (VL), Low Density Residential (L-1), Low Density Residential (L-2), zoning districts, an Administrative Development Plan application will be required and may be administratively approved by staff. If during the application review period for systems proposed within the above mentioned zoning districts, staff receives written correspondence expressing concerns with, or objecting to, the approval of a small wind energy conversion system as proposed by the applicant, the project may be referred to the Director of Planning or the Planning Commission for consideration. • For small wind energy conversion systems proposed in the Low Medium Density Residential (LM), Medium Density Residential (M), High Density Residential (H), Community Commercial (CC), Neighborhood Commercial (NC), Service Commercial (SC), Professional Office (PO), Business Park (BP), Light Industrial (LI), and Public Institutional (PI) zoning districts, an Administrative Development Plan application will be required, and a public hearing held by the Director of Planning will be required for approval of the proposed project. • For small wind energy conversion systems proposed within the Highway Tourist (HT), Open Space (OS), and Park and Recreation (PR) zoning districts, an application for a Conditional Use Permit will be required, and a public hearing held by the Planning Commission will be required for approval of the proposed project. • All proposed small wind energy conversion systems will require notification of property owners within 300 feet of the site. Height Limit The Planning Commission expressed several concerns with the height requirements for small wind energy conversion systems. The discussion included raising the maximum allowable height of systems within the Hillside Residential (HR), Rural Residential (RR), and Very Low Density Residential (VL) zoning districts, reducing the maximum allowable height of systems in the Highway Tourist (HT) zoning district, and requiring more Planning Commission oversight for systems taller than 60 feet. Based on the Planning Commission comments, staff proposes the following height standards: • For small wind energy conversion systems within the Low Density Residential (L-1 and L-2), Low Medium Density Residential (LM), Medium Density Residential (M), High Density Residential (H), Neighborhood Commercial (NC), and Community Commercial (CC) zoning districts, the maximum height shall not exceed the maximum building height of the zoning district in which the system is located. • For small wind energy conversion systems within the Highway Tourist (HT), Service Commercial (SC), Professional Office (PO), Business Park (BP), Light Industrial (LI), Public Institutional (PI), Open Space (OS), and Public Park and Recreation (PR) zoning districts, the maximum height shall not exceed 60 feet. • For small wind energy conversion systems within the Hillside Residential (HR), Rural Residential (RR), and Very Low Density Residential (VL) zoning districts, the maximum height shall not exceed 80 feet. Setback Requirement The Planning Commission suggested increasing the setback requirement for small wind energy conversion systems that are not attached to structures and adjacent to residential dwellings. As such, staff is proposing setback requirements as follows: • For attached small wind energy conversion systems, the minimum setback from the side and rear yards is five feet. • For freestanding small wind energy conversion systems within the Hillside Residential (HR), Rural Residential (RR), and Very Low Density Residential (VL), Service Commercial (SC), Professional Office (PO), Business Park (BP), Light Industrial (LI), Public Institutional (PI), Open Space (OS), and Public Park and Recreation (PR) zoning districts, the minimum setback from the side and rear yards, including guy wires and anchors is 25 feet. If a freestanding small wind energy conversion system is located on a property that is adjacent to a residential dwelling, then the setback from the adjacent dwelling shall be equal to at least the height of the proposed small wind energy conversion system. Location The Planning Commission requested clarification regarding the prohibition of small wind energy conversion systems within Scenic Highway Corridors and along ridgelines. During the Commission meeting, staff indicated that 1-15 south of Temecula is listed as a scenic highway corridor. Through additional research, staff found that Section 260 of the Streets and Highways Code identifies 1-15 from State Route 76 to State Route 91 as an "eligible" highway for designation as a scenic highway corridor; however, at this time the 1-15 has not been "designated" as a scenic highway corridor by Caltrans. Following staff's research, staff is recommending that the language in Section 8 of the proposed Ordinance prohibiting the location of small wind energy conversion systems within a scenic highway corridor be retained in the Ordinance. The reason for this recommendation is to allow the proposed ordinance to apply to future potential scenic highway corridor designations, should Caltrans make such a decision. Additionally, the Planning Commission requested staff to clarify the prohibition of small wind energy conversion systems along ridgelines. The intent of this restriction is to protect the visual aesthetics of the prominent escarpment ridgeline to the west of the 1-15 freeway. Staff is recommending new language which specifies that small wind energy conversion systems are not allowed within 300 feet from the top of the western escarpment ridgeline. Additional Clarification Staff is recommending the following additional minor clarifications to the draft Ordinance: • Language added which notifies an applicant about the potential for determining if FAA approval is required. • Language added which notifies an applicant to determine if a small wind energy conversion system is allowed pursuant to the CC&Rs. • Language added to give the reviewing body the authority to determine if the scale of the proposed small wind energy conversion system is consistent with the surrounding area. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on March 24, 2009. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and, based on an initial study, has determined the project will not have a significant impact on the environment; therefore, a Negative Declaration has been prepared for the project pursuant to Article 6 of Title 14 of the California Code of Regulations. ATTACHMENTS PC Resolution Exhibit A - Draft Ordinance 4 RESOLUTION PC RESOLUTION NO. 09-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH CITYWIDE STANDARDS FOR SMALL WIND ENERGY CONVERSION SYSTEMS IN VARIOUS ZONING DISTRICTS WITHIN THE CITY OF TEMECULA" (LONG RANGE PLANNING PROJECT NO. LR09-0007) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 6, 2009 the Planning Commission identified a need to amend the adopted Municipal Code to add standards to the Temecula Municipal Code to allow small wind energy conversion systems (Long Range Planning Project No. LR09-0007). B. The Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the proposed Ordinance and environmental review on May 6, 2009, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearing on May 6, 2009, and after due consideration of the testimony and discussion of the Commission, the Commission recommended continuing the item to address concerns cited by the Commission. E. The Planning Commission, at a regular meeting, reconsidered the application and environmental review on May 20, 2009, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. F. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended that the City Council approve Long Range Planning Project No. LR09-007 subject to and based upon the findings set forth hereunder. G. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending the City Council adopt an Ordinance, hereby finds, determines and declares that: A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Small Wind Energy Conversion System Ordinance conforms to the City of Temecula General Plan in that the criteria for establishing the need for standards to allow small wind energy conversion systems within the City of Temecula is identified in Policy 2.1 and Policy 2.2 of the General Plan Noise Element, Policy 2.5 of the General Plan Community Design Element, Policy 4.3, Policy 5. 1, and Policy 9.1 of the General Plan Open Space/Conservation Element, Policy 5.1 and Policy 8.3 of the General Plan Land Use Element, and Policy 9.3 of the General Plan Growth Management/Public Facilities Element. B. The proposed Ordinance is consistent with the Municipal Code and Development Code for the City of Temecula; The proposed Small Wind Energy Conversion Systems Ordinance has been designed to be internally consistent with the Municipal Code and the Development Code. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 09- (Ordinance regulating Small Wind Energy Conversion Systems) is subject to the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations. City staff prepared an Initial Study of the potential environmental effects of the approval of the proposed Municipal Code amendment as described in the Initial Study. Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Negative Declaration for the proposed Ordinance. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Long Range Planning Project No. LR09-0007, a proposed Citywide Ordinance as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of May 2009. Stanley Harter, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09-10 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of May 2009, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Chiniaeff, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Guerriero ABSTAIN: 0 PLANNING COMMISSIONERS: None Patrick Richardson, Secretary EXHIBIT A DRAFT CC ORDINANCE ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH CITYWIDE STANDARDS FOR SMALL WIND ENERGY CONVERSION SYSTEMS IN VARIOUS ZONING DISTRICTS WITHIN THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Planning Commission of the City of Temecula held a duly noticed public hearing on May 6, 2009 and May 20, 2009 to consider the proposed changes to the Temecula Municipal Code, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. B. At the conclusion of the Commission hearing on May 6, 2009, and after due consideration of the testimony and discussion of the Commission, the Commission recommended continuing the item to address concerns cited by the Commission. C. The Planning Commission, at a regular meeting, reconsidered the application and environmental review on May 20, 2009, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. B. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 09-_, recommending that the City Council approve an amendment to Title 17 of the Temecula Municipal Code to allow for small wind energy conversion systems. Section 2. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of this Ordinance: A. Pursuant to the California Environmental Quality Act (CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the proposed Municipal Code amendment as described in the Initial Study. Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. 1 B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on March 24, 2009 and expired on April 13, 2009. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 43200 Business Park Drive, Temecula, California 92590. C. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the , 2009 public hearing, and based on the whole record before it, finds that: (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. D. Based on the findings set forth in this Resolution, the City Council hereby adopts the Negative Declaration prepared for the Project. The Director of Planning is authorized and directed to file a Notice of Determination in accordance with CEQA. Section 3. Section 17.05.020.B is hereby amended to read as follows: "When Required. Administrative review is permitted for applications for minor exceptions, temporary uses, secondary dwelling units, small wind energy conversion systems, and for minor modifications to approved development plans and conditional use permits that were previously approved pursuant to Chapter 17.05." Section 4. Table 17.06.030 is hereby amended by adding the following: Table 17.06.030 Residential Districts Description of Use HR RR VL L-1 L-2 LM M H Non-Residential Small Wind Energy Conversion Systems 6 P P P P P P P P Notes: 6. Subject to the supplemental development standards contained in Chapter 17.10. Section 5. Table 17.08.030 is hereby amended by adding the following: 2 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI S Small Wind Energy Conversion Systems' P P C P P P P Notes: 1. Subject to the supplemental development standards contained in Chapter 17.10. Section 6. Table 17.12.030 is herby amended by adding the following: Table 17.12.030 Schedule of'Permitted -Uses - Public/Institutional Districts Description of Use Public/Institutional District (PI) S Small Wind Energy Conversion System2 P Notes: 2. Subject to the supplemental development standards contained in Chapter 17.10. Section 7. Table 17.14.030 is herby amended by adding the following: Table 17.14.030 Schedule of Permitted Uses - Open S ace Schedule of Uses PR OS OS-C Small Wind Energy Conversion Systems2 C C - Notes: 2. Subject to the supplemental development standards contained in Chapter 17.10. Section 8. Subsection 17.10.020.R entitled Small Wind Energy Conversion System is herby added to Chapter 17.10 of the Temecula Municipal Code to read as follows: "R. Small Wind Energy Conversion System 1. Definition. Small wind energy conversion systems means a wind energy conversion system consisting of a wind turbine, tower, blades, associated controls and conversion electronics, which has a rated output capacity that does not exceed 30 kilowatts, and which will be used to reduce on-site consumption of utility provided power. 3 2. Use. A small wind energy conversion system shall be used exclusively to supply electrical power for on-site consumption. When a parcel on which a small wind energy conversion system is installed also receives electrical power supplied by a utility company, excess electrical power generated by the small wind energy conversion system may be used by the utility company in exchange for a reduction in the cost of electrical power supplied, as long as no net revenue is produced by such excess electrical power. 3. Approval. Small wind energy conversion systems shall be reviewed as follows: a. Small wind energy conversion systems within the Hillside Residential (HR), Rural Residential (RR), Very Low Density Residential (VL), Low Density Residential (L-1), and Low Density Residential (L-2) Zoning Districts shall require an Administrative Development Plan application, and may be approved administratively by staff, pursuant to Section 17.05.010 of the Temecula Municipal Code. If during the application review period, staff receives written opposition from one of the noticed property owners, the project may be referred to the Director of Planning or the Planning Commission for consideration. b. Small wind energy conversion systems within the Low Medium Density Residential (LM), Medium Density Residential (M), High Density Residential (H), Community Commercial (CC), Neighborhood Commercial (NC), Service Commercial (SC), Professional Office (PO), Business Park (BP), Light Industrial (LI), and Public Institutional (PI), shall require an Administrative Development Plan application, and shall require a public hearing pursuant to Section 17.05.010 of the Temecula Municipal Code. C. Small wind energy conversion systems within the Highway Tourist Commercial (HT), Parks and Recreation (PR), and Open Space (OS) zoning districts, shall require a Conditional Use Permit and shall be reviewed by the Planning Commission, pursuant to Section 17.04.010 of the Temecula Municipal Code. 4. Application Requirements. All applications for small wind energy conversion system shall require a building permit in accordance with the requirements of the Building and Safety Department, and shall require the following information: a. A site plan in accordance with the requirements outlined in the application for small wind energy conversion system. b. Drawings to scale and an engineering analysis of the entire system, including, but not limited to, the turbine, blades, tower, or mounting 4 system, footings, and guy wires, shall be in compliance with the Uniform Building Code (UBC), and shall be certified by a California- licensed professional mechanical, structural, or civil engineer. The analysis shall demonstrate that the system is designed to meet the most stringent wind requirements (UBC wind exposure D), the requirements for the worst seismic class (UBC Seismic 4), and the weakest soil class, with soil strength of not more than one thousand pounds per square foot. C. A line drawing of the electrical components connecting to the turbine in sufficient detail to allow for a determination that the manner of installation conforms to the 2007 California Electric Code. d. Information demonstrating that the system will be used primarily to reduce on-site consumption of electricity. e. Documentation that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states in the application, that system will not be connected to the electricity grid. f. Documentation that the proposed height of the wind turbine tower does not exceed the height recommended by the manufacturer or distributor of the system. g. Documentation that noise generated by the small wind energy conversion systems does not exceed noise levels at property lines as specified in this ordinance. h. Manufacturers' specifications including: type, size, rated power output, rotor material, performance, safety, and noise characteristics. i. Documentation that the proposed system has a manufacturers' warranty with at least five (5) years remaining from the date the application is filed. j. Documentation that the proposed system has a record of as least one (1) year of reliable operation at a site with average wind speeds of at least ten miles per hour. k. Information that the system complies with all applicable Federal Aviation Administration (FAA) requirements, including subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part I [commencing with Section 21001] of Division 9 of the Public Utilities Code). If it is determined that a proposed small wind energy conversion system located in an area that poses a potential interference to the French Valley Airport, the 5 applicant may be required to provide the distance from the closest point of the runway, the latitude and longitude, and the maximum elevation above mean sea level of the proposed small wind energy conversion system. If it is determined that the FAA should be notified, the applicant shall electronically file Form 7460-1 "Notice of Proposed Construction or Alteration" with the FAA Obstruction Evaluation Service (oeaaa.faa.gov). No building permit shall be granted for a small wind energy conversion system until the FAA has issued a determination of "No Hazard to Air Navigation" for the project. Letter from the Homeowner's Association indicating installation of a small wind energy conversion system is allowed pursuant to the HOA rules and regulations. The applicant is advised to verify that a small wind energy conversion system is allowed pursuant to the CC&Rs. M. A radius package from a title insurance company indicating all the property owners' names and the mailing addresses for properties located within a 300-foot radius of the exterior of the lot boundaries. 5. Standards. All small wind energy conversion systems are subject to the following requirements. a. Prohibited Locations. A small wind energy conversion system shall not be located: i. In a manner which obstructs the view from the public or of neighboring properties from a scenic viewshed as identified by the Community Design Element of the City of Temecula General Plan. ii. Within a conservation easement established in compliance with Civil Code Section 815, et seq. and following, that does not specifically authorize wind energy conversion systems. iii. Within an open space easement established in compliance with Government Code Section 51070, et seq. and following, that does not specifically authorize wind energy conversion systems. iv. Within a scenic highway corridor designated pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division I of the Streets and Highways Code. V. Within or over a utility, drainage, or other established easement. vi. Within riverine/riparian habitat or other sensitive habitat areas as defined by the Western Riverside County Multi- Species Habitat Conservation Plan. 6 vii. Within twenty-five (25) feet of the canopy of a protected tree as defined by the Temecula Heritage Tree Ordinance. viii. On a slope equal to or greater than twenty (20) percent. ix. In an area where FAA regulations would require a beacon, including but not limited to hazard beacons and strobe lights. X. Within 300 feet of the western escarpment ridgeline. Protected buffer for the western Escarpment Ridgeline OS _ I b. Site and Architectural Compatibility. Small wind energy conversion systems shall be designed and sited to minimize visual impacts to the surrounding area. i. Small wind energy conversion systems within the L-1, L-2, LM, M, H, NC, CC, HT zoning districts shall be designed to be compatible and to scale of the site and surrounding area. The system shall not be freestanding, but shall be attached to the primary structure, second dwelling unit, or garage. ii. Small wind energy conversion systems within the HR, RR, VL, SC, PO, BP, LI, PI, OS and PR zoning districts shall be designed to be compatible and to scale of the site and surrounding area. The system may be freestanding or attached to the primary structure, second dwelling unit or garage. The finished surfaces of small wind energy conversion systems shall be muted and visually compatible to blend with the surrounding area. C. Quantity. Small wind energy conversion systems are limited to one (1) per lot. 7 d. Setback requirements. A small wind energy conversion system, including guy wires and anchors, shall be set back from adjoining property lines, provided that it also complies with any applicable fire setback requirements and maximum noise levels as follows: i. For attached small wind energy conversion systems, the minimum setback from the side and rear yards is five (5) feet. ii. For freestanding small wind energy conversion systems within the HR, RR, VL, SC, PO, BP, LI, PI, OS and PR zoning districts, the minimum setback from the side and rear yards, including guy wires and anchors is twenty-five (25) feet. If a freestanding small wind energy conversion system is located on a property that is adjacent to a residential dwelling, then the setback shall be equal to at least the height of the proposed small wind energy conversion system. iii. Small wind energy conversion systems shall be set back from above ground communication or electrical lines in accordance with the requirements of the communication or utility provider. e. Height limit. The maximum height of a small wind energy conversion system shall be as follows: i. All small wind energy conversion systems shall not exceed the manufacturers' height recommendations and shall comply with all FAA requirements. ii. For small wind energy conversion systems within the L-1, L- 2, LM, M, H, NC, and CC zoning districts, the maximum height shall not exceed the maximum building height of the zoning district in which the system is located. For small wind energy conversion systems within the HT, SC, PO, BP, LI, PI, OS and PR zoning districts, the maximum height shall not exceed sixty (60) feet. iv. For small wind energy conversion systems within the HR, RR, and VL zoning districts, the maximum height shall not exceed eighty (80) feet f. Turbine. The turbine technology proposed for the system shall be approved by a recognized standards-setting body for utility interactive power systems, such as the International Electronic and Electrical Engineers (IEEE 1547), or the Underwriters Laboratories Inc. (UL 1741). g. Noise. Except during short-term events including utility outages and severe wind storms, a small wind energy conversion system 8 shall be designed, installed, and operated so that under normal operating conditions, noise generated by the system does not exceed the following: i. For small wind energy conversion systems proposed for within or adjacent to residential zoning districts, the maximum noise levels shall not exceed sixty (60) dBA at the property line. ii. For all other zoning districts, the maximum noise levels shall not exceed the outdoor noise levels at the property line as required by the City of Temecula General Plan. h. Speed/Brake Controls. A small wind energy conversion system shall be equipped with automatic speed controls to limit rotation speed to within the design limits of the system. Additionally, a small wind energy conversion system shall be equipped with a braking system that will allow the system to be shut-down in case of an emergency. i. Access and Safety. i. All small wind energy conversion systems shall be designed such that access is controlled to minimize inadvertent human contact and injury from all moving parts and electrical components of a system. ii. All climbing apparatus must be located at least fifteen (15) feet above the ground, and the tower shall be designed to prevent climbing within the first fifteen (15) feet. j. Signs. For tower mounted systems, only one (1) sign, limited to eighteen (18) inches in length and one (1) foot in height, shall be posted no higher than six feet from the base of the tower, and shall include a notice of no trespassing, and warning of high voltage. k. Lighting. No illumination of the tower or turbine shall be allowed. 1. Maintenance. A small wind energy conversion system shall be maintained in an operational condition that poses no potential safety hazards." Section 9. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 9 Section 10. Notice of Adoption. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. 10 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 11 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: May 6, 2009 PREPARED BY: Dale West, Case Planner APPLICANT NAME: City of Temecula PROJECT Long Range Planning Project Number LR09-0007, an Ordinance to SUMMARY: allow wind energy conversion systems within various zoning districts in the City of Temecula CEQA: Negative Declaration per Article 6 of Title 14 of the California Code of Regulations RECOMMENDATION: City Council approval of Ordinance BACKGROUND SUMMARY At the request of Mayor Edwards, staff is proposing an Ordinance to allow small wind energy conversion systems within the City of Temecula. In preparing the proposed Ordinance, staff reviewed the State of California Government Code Section 65892.13 et seq. for small wind energy systems, which was enacted in 2002 but since repealed by its own terms in 2006. Staff also reviewed Ordinances from the Counties of Riverside and Santa Cruz, and the Cities of Murrieta, Crescent City, and Rohnert Park. Additionally, staff referred to the "Permitting Small Wind Turbines: A Handbook," which was prepared by the American Wind Energy Association through a grant from the California Energy Commission. Wind energy conversion systems convert wind energy to electrical energy. Large or commercial wind energy conversion systems are often used for commercial wind farms that generate hundreds of megawatts; whereas, small wind energy conversion systems are used for non- commercial applications and typically generate between 400 watts and 100 kilowatts, which can offset a portion of the energy needs of a home or business. The use of small wind energy conversion systems is encouraged by the California Government Code, Section 65892.13(a)(2) which states: "Wind energy is an abundant, renewable and nonpolluting energy resource. When converted to electricity, it reduces our dependence on nonrenewable energy resources and reduces air and water pollution that result from conventional sources. Distributing small wind energy systems also enhances the reliability and power quality of the power grid, reduces peak power demands, increases in-state electricity generation, diversifies the State's energy supply portfolio and makes the electricity supply market more competitive by promoting consumer choice." Wind energy conversion systems typically require wind speeds in excess of ten miles per hour; however, newer technologies are producing systems that may require wind speeds less than ten miles per hour to generate electricity. According to the California Wind Sources map from the California Energy Commission, the Temecula area is not shown as having significant sources of wind to support wind energy conversion systems; however, this map is based on historical weather data sources, which do not account for micro climate conditions within the Temecula area that may support the use of a small wind energy conversion system. It will be incumbent upon persons intending to utilize a wind energy conversion system to verify that there is sufficient sustainable wind to ensure viability of the system. Allowing small wind energy conversion systems within the City is a quality of life issue for Temecula residents; however, there are currently no standards in place to regulate them. Establishing standards, which allow small wind energy conversion systems to be used within the City of Temecula, will enable interested persons to reduce their dependency on utility provided electricity, to reduce their monthly electricity bills, to reduce green house gas emissions which cause air pollution, and to support a renewable non-polluting energy source. ANALYSIS Based on the review of the Ordinances listed above, most jurisdictions limit the location of small wind conversion systems to a minimum lot size, typically beginning with one acre minimums. Staff first approached developing similar standards based on a minimum lot size, but detmined this could limit siting a wind energy conversion system in a location where it may be appropriate, due to the minimum lot size threshold. With the intent to encourage new emerging technologies and promoting non-polluting renewable energy, staff reevaluated this approach, and is proposing two sets of standards based on the zoning designations as follows. Approval For small wind energy conversion systems proposed within the typically larger lot zoning designations of Hillside Residential (HR), Rural Residential (RR), Very Low Density Residential (VL), Service Commercial (SC), Professional Office (PO), Business Park (BP), Light Industrial (LI), Public Institutional (PI), Open Space (OS), and Parks and Recreation (PR) Zoning Districts, an Administrative Development Plan will be required. For small wind energy conversion systems proposed within the typically smaller lot zoning designations of Low Density Residential (L-1), Low Density Residential (L-2), Low Medium Density Residential (LM), Medium Density Residential (M), High Density Residential (H), Neighborhood Commercial (NC), Highway Tourist Commercial (HT), and Community Commercial (CC) Zoning Districts, a Conditional Use Permit will be required. In either case property owners within 300 feet of the site will be notified of the proposed wind energy conversion system. Location Although small wind energy conversion systems are allowed within the above mentioned Zoning Districts, the proposed Ordinance restricts the location of small wind energy conversion systems from areas where the systems would block public views from a scenic highway corridor or scenic viewshed as identified by the Community Design Element of the City's General Plan, from open space conservation or sensitive habitat areas, from utility, drainage or other established easements, on slopes that are greater than 20 percent, within 25 feet from the top of a ridgeline, or within 25 feet of the canopy of a protected tree as defined by the City's Heritage Tree Ordinance. Aesthetics The proposed Ordinance requires that small wind energy conversion systems be designed and sited to minimize the visual impacts to the surrounding area. This will be accomplished through requiring that the finished color of the systems be muted or blend with the surrounding area, as well as being architecturally compatible. This means that wind energy conversion systems within the L-1, L-2, LM, M, H, CC, NC, and HT Zoning Districts will be required to be attached to the primary structure, second dwelling unit, or garage. Wind energy conversion systems within the HR, RR, VL, SC, PO, BP, LI, OP, and PR Zoning District, may be attached to the primary structure, second dwelling unit, or garage, or may be a freestanding system attached to a mono pole or tower structure. Height Limit The proposed height restrictions vary depending on zoning designation. For the L-1, L-2, LM, M, H, CC, NC, and HT Zoning Districts, the maximum height of a wind energy conversion system is limited to the maximum building height of the zoning district in which the system is located. For the HR, RR, VL, SC, PO, BP, LI, OP, and PR Zoning Districts, the maximum height of a wind energy conversion system is limited to 60 feet. Noise Limit The different types and styles of wind turbines can provide varying noise levels. The most common small wind energy conversion system is a wind turbine with rotating blades that may emit noise from two sources including the gear box and the rotating blades. The noise level for these types of systems is generally around 55 dBA, which would be similar to an air conditioner or pool equipment. The noise level can increase with wind speeds; however, with increased wind speeds, the ambient background noise also increases, which may partially mask the noise level generated by the wind turbine. For systems within or adjacent to residential zoning districts, the Ordinance limits the maximum noise level to 60 dBA at the property line, which is 5 dBA lower than what the City's General Plan allows. For systems within other zoning districts, the Ordinance limits the maximum noise level to the outdoor noise levels as required by the City's General Plan, which ranges from 65 - 70 dBA depending on the type of use. Setback Requirement The proposed setback requirements for systems within the L-1, L-2, LM, M, H, CC, NC, and HT Zoning Districts is five feet from the side and rear yards. For systems within the HR, RR, VL, SC, PO, BP, LI, OP, and PR Zoning Districts, the setback is also five feet, except when a system is located on a property that is adjacent to a residential property, then the setback is a minimum of 25 feet. Additional Standards and Information Additional details regarding proposed standards for types of allowable turbines, access to systems, brake controls, signs, lighting, and maintenance are not discussed within this staff report, but are provided within the attached draft Ordinance. Enerav Credits Southern California Edison customers who produce energy through solar or wind can participate in the Net Metering Energy Program. Through this program, customers with solar or wind generating systems that are connected to the grid, can receive credit for the "net" difference between the amount of electricity produced and the amount of electricity consume during each billing period. At the end of each billing period, a customer may receive a credit for any energy generated that is in excess of the energy consumed. Rebates The California Energy Commission administers the Emerging Renewable Program which provides rebates for qualifying wind and fuel cell systems. Rebate funds are available on a first come, first serve basis for systems of 50 kilowatts or less. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on March 24, 2009. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and, based on an initial study, has determined the project will not have a significant impact on the environment; therefore, a Negative Declaration has been prepared for the project pursuant to Article 6 of Title 14 of the California Code of Regulations. ATTACHMENTS PC Resolution Exhibit A - Draft Ordinance Initial Study Notice of Public Hearing RESOLUTION PC RESOLUTION NO.09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH CITYWIDE STANDARDS FOR SMALL WIND ENERGY CONVERSION SYSTEMS IN VARIOUS ZONING DISTRICTS WITHIN THE CITY OF TEMECULA" (LONG RANGE PLANNING PROJECT NO. LR09-0007) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 6, 2009 the Planning Commission identified a need to amend the adopted Municipal Code to add standards to the Temecula Municipal Code to allow small wind energy conversion systems (Long Range Planning Project No. LR09-0007). B. The Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the proposed Ordinance and environmental review on May 6, 2009, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended that the City Council approve Long Range Planning Project No. LR09-007 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending the City Council adopt an Ordinance, hereby finds, determines and declares that: A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Small Wind Energy Conversion System Ordinance conforms to the City of Temecula General Plan in that the criteria for establishing the need for standards to allow small wind energy conversion systems within the City of Temecula is identified in Policy 2.1 and Policy 2.2 of the General Plan Noise Element, Policy 2.5 of the General Plan Community Design Element, Policy 4.3, Policy 5. 1, and Policy 9.1 of the General Plan Open Space/Conservation Element, Policy 5.1 and Policy 8.3 of the General Plan Land Use Element, and Policy 9.3 of the General Plan Growth Management/Public Facilities Element. B. The proposed Ordinance is consistent with the Municipal Code and Development Code for the City of Temecula; The proposed Small Wind Energy Conversion Systems Ordinance has been designed to be internally consistent with the Municipal Code and the Development Code. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 09- (Ordinance regulating Small Wind Energy Conversion Systems) is subject to the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations. City staff prepared an Initial Study of the potential environmental effects of the approval of the proposed Municipal Code amendment as described in the Initial Study. Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Negative Declaration for the proposed Ordinance. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Long Range Planning Project No. LR09-0007, a proposed Citywide Ordinance as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of May 2009. Stanley Harter, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of May 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A DRAFT CC ORDINANCE ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH CITYWIDE STANDARDS FOR SMALL WIND ENERGY CONVERSION SYSTEMS IN VARIOUS ZONING DISTRICTS WITHIN THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Planning Commission of the City of Temecula held a duly noticed public hearing on May 20, 2009 to consider the proposed changes to the Temecula Municipal Code, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. B. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 09-_, recommending that the City Council approve an amendment to Title 17 of the Temecula Municipal Code to allow for small wind energy conversion systems. Section 2. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of this Ordinance: A. Pursuant to the California Environmental Quality Act (CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the proposed Municipal Code amendment as described in the Initial Study. Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on March 24, 2009 and expired on April 13, 2009. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 43200 Business Park Drive, Temecula, California 92590. C. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the , 2009 public hearing, and based on the whole record before it, finds that: (1) the Negative 1 Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. D. Based on the findings set forth in this Resolution, the City Council hereby adopts the Negative Declaration prepared for the Project. The Director of Planning is authorized and directed to file a Notice of Determination in accordance with CEQA. Section 3. Section 17.05.020.B is hereby amended to read as follows: "When Required. Administrative review is permitted for applications for minor exceptions, temporary uses, secondary dwelling units, small wind energy conversion systems, and for minor modifications to approved development plans and conditional use permits that were previously approved pursuant to Chapter 17.05." Section 4. Table 17.06.030 is hereby amended by adding the following: Table 17.06.030 Residential Districts Description of Use HR RR VL L-1 L-2 LM M H Non-Residential Small Wind Energy Conversion Systems 6 P P P P P P P P Notes: 6. Subject to the supplemental development standards contained in Chapter 17.10. Section 5. Table 17.08.030 is hereby amended by adding the following: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC- PO BP LI S Small Wind Energy Conversion Systems' P P P P P P P Notes: 1. Subject to the supplemental development standards contained in Chapter 17.10. 2 Section 6. Table 17.12.030 is herby amended by adding the following: Table 17.12.030 Schedule of Permitted Uses - Public/Institutional Districts Description of Use Public/Institutional District (PI) S Small Wind Energy Conversion System2 P Notes: 2. Subject to the supplemental development standards contained in Chapter 17.10. Section 7. Table 17.14.030 is herby amended by adding the following: Table 17.14.030 Schedule of Permitted Uses - Open Space Schedule of Uses PR OS OS-C Small Wind Energy Conversion Systems2 P P - Notes: 2. Subject to the supplemental development standards contained in Chapter 17.10. Section 8. Subsection 17.10.020.R entitled Small Wind Energy Conversion System is herby added to Chapter 17.10 of the Temecula Municipal Code to read as follows: "R. Small Wind Energy Conversion System 1. Definition. Small wind energy conversion systems means a wind energy conversion system consisting of a wind turbine, tower, blades, associated controls and conversion electronics, which has a rated output capacity that does not exceed 30 kilowatts, and which will be used to reduce on-site consumption of utility provided power. 2. Use. A small wind energy conversion system shall be used exclusively to supply electrical power for on-site consumption. When a parcel on which a small wind energy conversion system is installed also receives electrical power supplied by a utility company, excess electrical power generated by the small wind energy conversion system may be used by the utility company in exchange for a reduction in the cost of electrical power supplied, as long as no net revenue is produced by such excess electrical power. 3. Approval. Small wind energy conversion systems shall be reviewed as follows: 3 a. Small wind energy conversion systems within the Hillside Residential (HR), Rural Residential (RR), Very Low Density Residential (VL), Service Commercial (SC), Professional Office (PO), Business Park (BP), Light Industrial (LI), Public Institutional (PI), Open Space (OS), and Parks and Recreation (PR), shall be reviewed through the administrative approval process, pursuant to Section 17.05.010 of the Temecula Municipal Code. b. Small wind energy conversion systems within the Low Density Residential (L-1), Low Density Residential (L-2), Low Medium Density Residential (LM), Medium Density Residential (M), High Density Residential (H), Neighborhood Commercial (NC), Highway Tourist Commercial (HT), and Community Commercial (CC) zoning districts, shall require a Conditional Use Permit and shall be reviewed by the Planning Director, pursuant to Section 17.04.010 of the Temecula Municipal Code. 4. Application Requirements. All applications for small wind energy conversion system shall require a building permit in accordance with the requirements of the Building and Safety Department, and shall require the following information: a. A site plan in accordance with the requirements outlined in the application for small wind energy conversion system. b. Drawings to scale and an engineering analysis of the entire system, including, but not limited to, the turbine, blades, tower, or mounting system, footings, and guy wires, shall be in compliance with the Uniform Building Code (UBC), and shall be certified by a California- licensed professional mechanical, structural, or civil engineer. The analysis shall demonstrate that the system is designed to meet the most stringent wind requirements (UBC wind exposure D), the requirements for the worst seismic class (UBC Seismic 4), and the weakest soil class, with soil strength of not more than one thousand pounds per square foot. C. A line drawing of the electrical components connecting to the turbine in sufficient detail to allow for a determination that the manner of installation conforms to the 2007 California Electric Code. d. Information demonstrating that the system will be used primarily to reduce on-site consumption of electricity. e. Documentation that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states in the application, that system will not be connected to the electricity grid. 4 f. Documentation that the proposed height of the wind turbine tower does not exceed the height recommended by the manufacturer or distributor of the system. g. Documentation that noise generated by the small wind energy conversion systems does not exceed noise levels at property lines as specified in this ordinance. h. Manufacturers' specifications including: type, size, rated power output, rotor material, performance, safety, and noise characteristics. i. Documentation that the proposed system has a manufacturers' warranty with at least five (5) years remaining from the date the application is filed. j. Documentation that the proposed system has a record of as least one (1) year of reliable operation at a site with average wind speeds of at least ten miles per hour. k. Information that the system complies with all applicable Federal Aviation Administration (FAA) requirements, including subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part I [commencing with Section 21001] of Division 9 of the Public Utilities Code). 1. Letter from the Homeowner's Association indicating installation of a small wind energy conversion system is allowed pursuant to the HOA rules and regulations. M. A radius package from a title insurance company indicating all the property owners' names and the mailing addresses for properties located within a 300-foot radius of the exterior of the lot boundaries. 5. Standards. All small wind energy conversion systems are subject to the following requirements. a. Prohibited Locations. A small wind energy conversion system shall not be located: i. In a manner which obstructs the view from the public or of neighboring properties from a scenic viewshed as identified by the Community Design Element of the City of Temecula General Plan. ii. Within a conservation easement established in compliance with Civil Code Section 815, et seq. and following, that does not specifically authorize wind energy conversion systems. iii. Within an open space easement established in compliance with Government Code Section 51070, et seq. and following, 5 that does not specifically authorize wind energy conversion systems. iv. Within a scenic highway corridor designated pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division I of the Streets and Highways Code. V. Within or over a utility, drainage, or other established easement. vi. Within riverine/riparian habitat or other sensitive habitat areas as defined by the Western Riverside County Multi- Species Habitat Conservation Plan. vii. Within twenty-five (25) feet of the canopy of a protected tree as defined by the Temecula Heritage Tree Ordinance. viii. On a slope equal to or greater than twenty (20) percent. ix. In an area where FAA regulations would require a beacon, including but not limited to hazard beacons and strobe lights. X. Such that the highest extent of the system is within twenty- five (25) feet of the top of any ridgeline. b. Architectural Compatibility. L Small wind energy conversion systems within the L-2, LM, M, H, NC, CC, HT zoning districts shall be designed to be compatible to the site and surrounding area and shall not be freestanding, but shall be attached to the primary structure, second dwelling unit, or garage. ii. Small wind energy conversion systems within the HR, RR, VL, SC, PO, BP, LI, PI, OS and PR zoning districts shall also be designed to be compatible to the site and surrounding area, and may be freestanding or attached to the primary structure, second dwelling unit or garage. C. Quantity. Small wind energy conversion systems are limited to one (1) per lot. d. Setback requirements. A small wind energy conversion system, including guy wires and anchors, shall be set back from adjoining property lines, provided that it also complies with any applicable fire setback requirements and maximum noise levels as follows: L For small wind energy conversion systems within the L-1, L- 2, LM, M, H, NC, CC, HT zoning districts, the minimum setback from the side and rear yards is five (5) feet. ii. For small wind energy conversion systems within the HR, RR, VL, SC, PO, BP, LI, PI, OS and PR zoning districts, the minimum setback from the side and rear yards is five (5) 6 feet. If a small wind energy conversion system is located on a property that is adjacent to a property within a residential zoning district, the setback shall be a minimum of twenty-five (25) feet. iii. Small wind energy conversion systems shall be set back from above ground communication or electrical lines in accordance with the requirements of the communication or utility provider. e. Height limit. The maximum height of a small wind energy conversion system shall be as follows: i. All small wind energy conversion systems shall not exceed the manufacturers' height recommendations and shall comply with all FAA requirements. ii. For small wind energy conversion systems within the L-1, L- 2, LM, M, H, NC, CC, HT zoning districts, the maximum height shall not exceed the maximum building height of the zoning district in which the system is located. iii. For small wind energy conversion systems within the HR, RR, VL, SC, PO, BP, LI, PI, OS and PR zoning districts, the maximum height shall not exceed sixty (60) feet. f. Turbine. The turbine technology proposed for the system shall be approved by a recognized standards-setting body for utility interactive power systems, such as the International Electronic and Electrical Engineers (IEEE 1547), or the Underwriters Laboratories Inc. (UL 1741). g. Noise. Except during short-term events including utility outages and severe wind storms, a small wind energy conversion system shall be designed, installed, and operated so that under normal operating conditions, noise generated by the system does not exceed the following: i. For small wind energy conversion systems proposed for within or adjacent to residential zoning districts, the maximum noise levels shall not exceed sixty (60) dBA at the property line. ii. For all other zoning districts, the maximum noise levels shall not exceed the outdoor noise levels at the property line as required by the City of Temecula General Plan. h. Visual Impacts. Small wind energy conversion systems shall be designed and sited to minimize visual impacts to the surrounding area. 7 ii. The highest vertical extent of a small wind energy conversion system shall not obstruct the public views of scenic resources, such as the hillsides, prominent western and southern ridgelines, scenic roads, or significant open space areas. Speed/Brake Controls. A small wind energy conversion system shall be equipped with automatic speed controls to limit rotation speed to within the design limits of the system. Additionally, a small wind energy conversion system shall be equipped with a braking system that will allow the system to be shut-down in case of an emergency. j. Access and Safety. i. All small wind energy conversion systems shall be designed such that access is controlled to minimize inadvertent human contact and injury from all moving parts and electrical components of a system. ii. All climbing apparatus must be located at least fifteen (15) feet above the ground, and the tower shall be designed to prevent climbing within the first fifteen (15) feet. k. Signs. For tower mounted systems, only one (1) sign, limited to eighteen (18) inches in length and one (1) foot in height, shall be posted no higher than six feet from the base of the tower, and shall include a notice of no trespassing, and warning of high voltage. 1. Lighting. No illumination of the tower or turbine shall be allowed. M. Maintenance. A small wind energy conversion system shall be maintained in an operational condition that poses no potential safety hazards. n. Color. Colors used on finished surfaces shall be muted and visually compatible with the surrounding area." Section 9. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 8 Section 10. Notice of Adoption. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. 9 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 10 INITIAL STUDY City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Project Title Lead Agency Name and Address Contact Person and Phone Number Project Location Project Sponsor's Name and Address General Plan Designation Zoning Description of Project Surrounding Land Uses and Setting Other public agencies whose approval is reauired Environmental Checklist Small Wind Ener y Conversion System Ordinance (LR09 0007) City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Dale West, Associate Planner (951) 693-3918 Citywide City of Temecula Varies - Citywide Varies - Citywide A Development Code Amendment to establish standards to allow Small Wind Energy Conversion Systems within various zoning districts within the City of Temecula None RALR Projects\2009\LR09-0007 Small Wind Energy Conversion Ordinance\PC-May6\IS (SWES).doc 1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Mineral Resources Agriculture Resources Noise Air Quality Population and Housing Biological Resources Public Services Cultural Resources Recreation Geology and Soils Trans ortation/Traffic Hazards and Hazardous Materials Utilities and Service Systems Hydrology and Water Quality Mandatory Findings of Significance Land Use and Planning ✓ None Determination (To be completed by the lead agency) On the basis of this initial evaluation: ✓ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Dale West Printed Name Date City of Temecula For RALR Projects\2009\LR09-0007 Small Wind Energy Conversion 0rdinance\PC-May6\IS (SWES).doc 1. AESTHETICS. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Have a substantial adverse effect on a scenic vista? ✓ b Substantially damage scenic resources, including, but not ✓ limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c Substantially degrade the existing visual character or quality ✓ of the site and its surroundings? d Create a new source of substantial light or glare which would ✓ adverse) affect day or nighttime views in the area? Comments: 1.a-d. Less than significant impact: The proposed Development Code Amendment would administratively permit small wind energy conversion systems (SWECS) within Hillside Residential (HR), Rural Residential (RR), Very Low Density Residential (VL), Service Commercial (SC), Professional Office (PO), Business Park (BP), Light Industrial (LI), Public Institutional (PI), Open Space (OS), and Parks and Recreation (PR), zoning districts within the City of Temecula, and conditionally permit them within the Low Density Residential (L-1), Low Density Residential (L-2), Low Medium Density Residential (LM), Medium Density Residential (M), High Density Residential (H), Neighborhood Commercial (NC), Highway Tourist Commercial (HT), and Community Commercial (CC) zoning districts. However, SWECS would be restricted from being located as follows: 1) in such a manner as to block public views within scenic viewsheds as identified by the community design element of the City of Temecula General Plan; 2) within a conservation easement established in compliance with Civil Code Section 815 and following that does not specifically authorize wind energy conversion systems; 3) within a scenic highway corridor designated pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division I of the Streets and Highways Code; 4) within a conservation easement established in compliance with Civil Code Section 815; 5) within an open space easement established in compliance with Government Code Section 51070; 6) within or over a utility, drainage, or other established easement; 7) within a riverine/riparian habitat or other sensitive habitat areas as defined by the MSHCP; 8) within twenty-five feet of the mature canopy of a protected tree as defined by the City's Tree Preservation Ordinance; 9) on a slope equal to or greater than twenty percent; 10) in an area where FAA regulations would require a beacon, including but not limited to hazard beacons and strobe lights; 11) on a site listed in the National Register of Historical Resources pursuant to Section 5024.1 of the Public Resource Code; or 12) in such a manner that the highest extent of a SWECS is within 25 feet of the top of any major ridgeline. Additionally, proposed standards will require the finish of the SWECS to be muted and visually compatible to the surrounding area. The height of SWECS will be limited as follows: for systems within the L-1, L-2, LM, M, H, NC, CC, HT zoning districts, the maximum height shall not exceed the maximum building height of the zoning district the system is located in, and for systems within the HR, RR, VL, SC, PO, BP, LI, PI, OS and PR zoning districts, the maximum height shall not exceed sixty (60) feet. The proposed Development Code Amendment would also require SWECS to be designed to be compatible to the site and surrounding area. As a result, the proposed standards will limit visual impacts to scenic vistas, scenic resources and surrounding areas, and will not create a new source of light or glare affecting day or nighttime views. Less than significant impacts are anticipated. RALR Projects\2009\LR09-0007 Small Wind Energy Conversion Ordinance\PC-May6\IS (SWES).doc 3 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Potentially Issues and Supporting Information Sources Potentially Significant Significant Unless Mitigation Less Than Significant No Impact Incorporated Impact Impact a Convert Prime Farmland, Unique Farmland, or Farmland of ✓ Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b Conflict with existing zoning for agricultural use, or a ✓ Williamson Act contract? c Involve other changes in the existing environment which, ✓ due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: 2.a-c. No Impact. The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. Although some wind energy conversion systems are compatible with farmland uses, there are no farmland uses within the City of Temecula corporate boundaries. The project will not involve changes in the existing environment, which would result in the conversion of farmland to non-agricultural uses. The proposed Development Code amendment does not involve changes in the existing environment that will result in conversion of Farmland to non-agricultural use. As a result the proposed Development Code Amendment will not conflict with existing zoning or convert Prime Farmland, Unique Farmland, Farmland of Statewide Importance, result in the conversion of Farmland into non-agricultural uses. No impact will result from the proposed project. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Conflict with or obstruct implementation of the applicable ✓ air quality plan? b Violate any air quality standard or contribute substantially ✓ to an existing or projected air quality violation? C Result in a cumulatively considerable net increase of any ✓ criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d Expose sensitive receptors to substantial pollutant ✓ concentrations? e Create objectionable odors affecting a substantial number ✓ RALR Projects\2009\LR09-0007 Small Wind Energy Conversion Ordinance\PC-May6\IS (SWES).doc 4 of people? Comments: 3.a-e. No Impact. The proposed Development Code Amendment to allow small wind energy conversion systems within various zoning districts within the City of Temecula will result in on-site generation of clean energy by converting mechanical energy (wind) into emission-free electricity for one-site consumption. Because SWECS generate emission-free electricity, air quality will not be negatively impacted by allowing them within various zoning districts within the City. The proposed Development Code Amendment will not conflict with or obstruct implementation of the South Coast Air Quality Management Plan, violate air quality standards, contribute to an existing or projected air quality violation, result in cumulative net increases of any criteria pollutant, exposed sensitive receptors to substantial pollutant concentrations, or create objectionable odors affecting a substantial number of people. Allowing SWECS within various zoning districts of the City will improve the quality of the environment by reducing reliance on electricity typically generated by combustion sources which cause air pollution. As a result, no impacts are anticipated. 4. BIOLOGICAL RESOURCES. Would the project? Potentially Issues and Supporting Information Sources Potentially Significant Significant Unless Mitigation Less Than Significant No Impact Incorporated Impact Impact a Have a substantial adverse effect, either directly or ✓ through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b Have a substantial adverse effect on any riparian habitat ✓ or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c Have a substantial adverse effect of federally protected ✓ wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d Interfere substantially with the movement of any native ✓ resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nurse sites? e Conflict with any local policies or ordinances protecting ✓ biological resources, such as a tree preservation policy or ordinance? f Conflict with the provisions of an adopted Habitat ✓ Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: 4.a-c, e, and f. No Impact: The proposed Development Code Amendment does not allow SWECS to be located within wildlife corridors, wetland, riverine/riparian, or other natural sensitive habitat that support RALR Projects\2009\LR09-0007 Small Wind Energy Conversion Ordinance\PC-May6\IS (SWES).doc 5 candidate, sensitive, or special status species, or to be located within 25 feet of mature canopy of a protected tree as defined by the City's Tree Preservation Ordinance, and therefore will not have a direct adverse affect on species listed in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service, or conflict with the MSHCP, local policies or ordinances. As a result, no impacts are anticipated. 4.d. Less than significant. According to the "Permitting Small Wind Turbines: A Handbook - Learning from the California Experience," produced by the American Wind Energy Association in conjunction with the California Energy Commission, bird collision with small wind energy conversion systems are considered very rare. In the report they indicate that data collected in a study by Bonneville Power Administration suggest that "raptor mortality has been absent to very low at all newer generation wind plants studied in the United States." The report further suggests that, "raptor mortality observed at Altamont Pass is unique." Due to the typical height and small rotor swept area of small wind energy conversion systems, they do not typically interfere with bird migration patterns and are not typically installed in dense enough configurations to create a "windwall" resulting in significant impacts to birds or other wildlife. Additionally, the National Audubon Society supports small wind energy conversion systems by stating that the number of bird collisions is expected to be, "similar to the deaths caused by other stationary objects that birds routinely fly into." As a result, less than significant impacts are anticipated. 5. CULTURAL RESOURCES. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Cause a substantial adverse change in the significance of ✓ a historical resource as defined in Section 15064.5? b Cause a substantial adverse change in the significance of ✓ an archaeological resource pursuant to Section 15064.5? c Directly or indirectly destroy a unique paleontological ✓ resource or site or unique geologic feature? d Disturb any human remains, including those interred ✓ outside of formal cemeteries? Comments: 5.a. Less than Significant Impact: There are 24 historic resources identified on the Temecula Local Historic Register. A SWECS could potentially be proposed at one of the sites, at which time the propose system would be reviewed by the Old Town Local Review Board to determine if the proposed design of the SWECS is consistent with the architecture and site of the historic resource. The Old Town Local Review Board is required to make a Finding of Historic Appropriateness in order to maintain the integrity of existing historic architecture and preserve the local historic context. A Finding of Historic Appropriateness would require a proposed small wind energy generation system to be architecturally integrated into the surrounding site in context to the historic conditions of the site. As a result, less than significant impacts are anticipated. 5.b-d. No Impact. No excavation is required for the installation of a SWECS. As a result, no impacts are anticipated to occur to archaeological, paleontological resources, or to human remains. RALR Projects\2009\LR09-0007 Small Wind Energy Conversion Ordinance\PC-May6\IS (SWES).doc 6 6. GEOLOGY AND SOILS. Would the project: Potentially Issues and Supporting Information Sources Potentially Significant Significant Unless Mitigation Less Than Significant No a Expose people or structures to potential substantial adverse Impact Incorporated Impact Impact ✓ effects, including the risk of loss, injury, or death involvin : b Rupture of a known earthquake fault, as delineated on the ✓ most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. c Strong seismic round shaking? ✓ c Seismic-related round failure, including liquefaction? V/ d Landslides? ✓ e Result in substantial soil erosion or the loss of topsoil? ✓ f Be located on a geologic unit or soil that is unstable, or that ✓ would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? g Be located on expansive soil, as defined in Table 18-1-B of ✓ the Uniform Building Code (1994), creating substantial risks to life or property? h Have soils incapable of adequately supporting the use of ✓ septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: 6.a-h. No Impact: The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity. The proposed Development Code Amendment to allow SWECS will require plans to be prepared by a licensed structural engineer for wind and seismic loads of the tower structure and footings, and to be reviewed by City Building and Safety staff for compliance with the Uniform Building Code, including the specific engineering needed based on the soil type. As a result SWECS will not expose people or structures to potential adverse effects resulting from seismic or geologic conditions. No impacts are anticipated. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Issues and Supporting Information Sources Potentially Significant Significant Unless Mitigation Less Than Significant No Impact Incorporated Impact Impact a Create a significant hazard to the public or the environment ✓ through the routine transportation, use, or disposal of hazardous materials? b Create a significant hazard to the public or the environment ✓ through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? RALR Projects\2009\LR09-0007 Small Wind Energy Conversion Ordinance\PC-May6\IS (SWES).doc 7 c Emit hazardous emissions or handle hazardous or acutely ✓ hazardous materials, substances, or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d Be located on a site which is included on a list of hazardous ✓ materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e For a project located within an airport land use plan or, ✓ where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f For a project within the vicinity of a private airstrip, would the ✓ project result in a safety hazard for people residing or working in the project area? g Impair implementation of or physically interfere with an ✓ adopted emergency response plan or emergency evacuation plan? h Expose people or structures to a significant risk or loss, ✓ injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: 7.a-d. No Impact: The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. A SWECS does not involve the transportation, use of, or emission of hazardous materials, and there are no known hazardous material sites within the City of Temecula in which a SWECS would be located on that would subject people to the hazardous materials. As a result, no impacts are anticipated. 7.e-f. Less than significant: It is feasible that a SWECS could be located within Compatibility Zones of the French Valley Airport. A proposed SWECS located within the Compatibility Zones of the French Valley Airport would be subject to all FAA requirements, including height restrictions and lighting requirements. As a result, less than significant impacts are anticipated. 7.g. No Impact: The proposed Development Code Amendment to allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies, does not change the adopted emergency response plan and therefore does no not interfere with an adopted emergency response plan or emergency evacuation plan. No impacts are anticipated. 7.h. No Impact: The proposed Development Code Amendment to allow for generation of electricity by small wind energy conversion systems could potentially be located within an area susceptible to wildland fires; however, siting a SWECS within a wildland interface areas does not expose people or structures to a significant risk involving wildland fires, because in order to site a SWECS on a lot, a structure must already exist with utility provided electrical power to the existing building. As a result, no impacts are anticipated. RALR Projects\2009\LR09-0007 Small Wind Energy Conversion Ord1nance\PC-May6\IS (SWES).doc 8 8. HYDROLOGY AND WATER QUALITY. Would the project: Potentially Issues and Supporting Information Sources Potentially Significant Significant Unless Mitigation Less Than Significant No Impact Incorporated Im act Impact a Violate any water quality standards or waste discharge ✓ requirements? b Substantially deplete groundwater supplies or interfere ✓ substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c Substantially alter the existing drainage pattern of the site or ✓ area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d Substantially alter the existing drainage pattern of the site or ✓ area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e Create or contribute runoff water which would exceed the ✓ capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f Otherwise substantial) degrade water quality? ✓ g Place housing within a 100-year flood hazard area as ✓ mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Ma or other flood hazard delineation map? h Place within a 100-year flood hazard area structures which ✓ would impede or redirect flood flows? I Expose people or structures to a significant risk of loss, ✓ injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation b seiche, tsunami, or mudflow? ✓ Comments: 8.a-j. No Impact: The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. The use of SWECS does not involve the use of water other than what would typically be used during construction of footings for the turbine tower. The amount of water used for the footings is insignificant and would not result in the depletion of groundwater supplies, nor would the footings interfere substantially with groundwater recharge. The use of a SWECS does not involve any activity that would result in a discharge of waste or, violation of any water quality standards, contribute to runoff that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff, degrade water quality, impede or redirect flood flows, alter the existing drainage pattern of the site, which would result in substantial erosion, siltation, or flooding on- or off-site, be exposed to inundation by seiche, tsunami, or mudflow, or expose people or structures to a significant risk of loss, injury or death involving flooding. The proposed project to allow SWECS within various zoning districts within the City has no RALR Projects\2009\LR09-0007 Small Wind Energy Conversion Ordinance\PC-May6\IS (SWES).doc 9 relationship to water quality standards, drainage patterns, or the location of housing within a flood area. No impacts are anticipated. 9. LAND USE AND PLANNING. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Ph sicall divide an established community? ✓ b Conflict with any applicable land use plan, policy, or ✓ regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c Conflict with any applicable habitat conservation plan or ✓ natural community conservation plan? Comments: 9.a-c. No Impact: The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. The proposed Development Code amendment does not require a General Plan land use element amendment and is not a facility or type of project that create a physical barrier which would divide an established community. The proposed standards for allow SWECS within various zoning districts within the City is consistent with the following policies of the City of Temecula General Plan: Policy 2.1 and Policy 2.2, Noise Element, Policy 2.5 of the Community Design Element, Policy 4.3, Policy 5.1, and Policy 9.1 of the Open Space/Conservation Element, Policy 5.1, Policy 6.1 and Policy 8.3 of the Land Use Element, and Policy 9.3 of the Growth Management/Public Facilities Element. As a result, no impacts are anticipated. 10. MINERAL RESOURCES. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Result in the loss of availability of a known mineral ✓ resource that would be of value to the region and the residents of the state? b Result in the loss of availability of a locally-important ✓ mineral resource recovery site delineated on a local eneral plan, specific plan or other land use plan? Comments: 10.a-b. No Impact: The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. The project does not involve the extraction or mining of mineral resources, nor does it interfere with the ability to mine or extract mineral resources. There is no known mineral resource recovery site within the City or delineated on the City's General Plan, or as part of a Specific Plan within the City. The proposed project to allow SWECS within various zoning districts within the City has no relationship to the loss of availability of known mineral resources of regional or statewide importance. No impacts are anticipated. RALR Projects\2009\LR09-0007 Small Wind Energy Conversion Ordinance\PC-May6\IS (SWES).doc 10 11. NOISE. Would the project result in: Potentially Issues and Supporting Information Sources Potentially Significant Significant Unless Mitigation Less Than Significant No Im act fncor orated- Im act Impact a Exposure of persons to or generation of noise levels in ✓ excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b Exposure of persons to or generation of excessive ✓ roundborne vibration or roundborne noise levels? c A substantial permanent increase in ambient noise levels ✓ in the project vicinity above levels existing without the project? d A substantial temporary or periodic increase in ambient ✓ noise levels in the project vicinity above levels existing without the project? e For a project located within an airport land use plan or, ✓ where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f For a project within the vicinity of a private airstrip, would ✓ the project expose people residing or working in the project area to excessive noise levels? Comments: 11.a-d. Less Than Significant Impact. According to the American Wind Energy Association, small wind energy turbines generate varying noise levels depending on the type and style of wind turbine. The most common type of wind turbine generates two sources of noise, one from the gearbox and the other from rotating blades. The proposed project will require SWECS to be set back from the property line a minimum distance necessary to achieve the maximum noise level requirements of the General Plan for Commercial and Industrial zoning districts. The City of Temecula General Plan allows a maximum exterior noise levels, measured at the property boundary, between 65 and 70 dBA depending on the type of use. For residential uses, the City's General Plan sets the maximum noise level at adjacent dwelling units at 65 dBA; however, the proposed standards for SWECS will establish a maximum noise level of 60 dBA at the property line for residential zoning districts, which is consistent with the State's recommended maximum noise level as identified in the State's model ordinance for small wind energy conversion systems. As part of the application submittal requirements, the City will require the applicant to demonstrate that noise levels do not exceed maximum allowable noise levels at adjoining property boundaries as specified. The setback and noise requirements will ensure that less than significant impacts will occur. 11.e-f. No Impact. A SWECS could be located on a lot that is within the French Valley Airport Land Use Plan or within two miles of the French Valley Airport; however, siting a SWECS does not directly or indirectly result in construction of residential buildings or other building types and therefore does not expose people to excessive airport noise levels related to airport operations. The proposed project to allow SWECS within various zoning districts within the City has no relationship to the exposing people, residing or working within the vicinity of an air port, to excessive noise levels from the air port. No impact will occur. RALR Projects\2009\LR09-0007 Small Wind Energy Conversion Ordinance\PC-May6\IS (SWES).doc 11 12. POPULATION AND HOUSING. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Induce substantial population growth in an area, either ✓ directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b Displace substantial numbers of existing housing, ✓ necessitating the construction of replacement housing elsewhere? c Displace substantial numbers of people, necessitating the ✓ construction of replacement housing elsewhere? Comments: 12.a-c. No Impact: The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. The use of a SWECS does not directly or indirectly result in the construction of new residential or commercial type buildings, nor does it directly or indirectly result in additional public infrastructure, such as roads, therefore, the project does not directly or indirectly induce population growth. The use of a SWECS does not directly or indirectly cause displacement of existing housing or displace substantial numbers of people or existing housing. The proposed project to allow SWECS within various zoning districts within the City has no relationship to the growth in population within the City or the surrounding area, nor with the displacement of housing or people. As a result, no impacts are anticipated. 13. PUBLIC SERVICES. Potentially Issues and Supporting Information Sources Potentially Significant Significant Unless Mitigation Less Than Significant No a Would the project result in substantial adverse physical Impact Incorporated Impact Impact impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for an of the public services: Fire protection? ✓ Police protection? ✓ Schools? ✓ Parks? ✓ Other public facilities? ✓ Comments: 13.a. No Impact. The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. The use of a SWECS at a residential or commercial building does not result in the increase in public services or affect the service ratios or response times for public services. The proposed project to allow SWECS within various zoning districts within the City has no relationship to the need for additional RALR Projects\2009\LR09-0007 Small Wind Energy Conversion 0rdinance\PC-May6\IS (SWES).doc 12 government facilities in order to maintain acceptable service rations, response times or other performance objectives. As a result, no impacts are anticipated. 14. RECREATION. Potentially Issues and Supporting Information Sources Potentially Significant Significant Unless Mitigation Less Than Significant No Impact Incorporated Impact Impact a Would the project increase the use of existing neighborhood ✓ and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b Does the project include recreational facilities or require the ✓ construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Comments: 14.a-b. No Impact. The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. A SWECS is a stationary structure that doesn't involve the recreational types of uses. The use of a SWECS at a residential or commercial building would not result in the increase in the use of park and recreation facilities, or require the construction or expansion of park and recreation facilities. The proposed project to allow SWECS within various zoning districts within the City has no relationship to the use of recreation facilities. As a result, no impacts are anticipated. 15. TRANSPORTATION/TRAFFIC. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Cause an increase in traffic which is substantial in relation to ✓ the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? b Exceed, either individually or cumulatively, a level of service ✓ standard established by the county congestion management agency for designated roads or highways? c Result in a change in air traffic patterns, including either an ✓ increase in traffic levels or a change in location that results in substantial safety risks? d Substantially increase hazards due to a design feature (e.g., ✓ sharp curves or dangerous intersections) or incompatible uses (e. g., farm equipment)? e Result in inadequate emergency access? ✓ f Result in inadequate parking capacity? g Conflict with adopted policies, plans, or programs supporting ✓ alternative transportation (e. g., bus turnouts, bicycle racks)? Comments: RALR Projects\2009\LR09-0007 Small Wind Energy Conversion Ordinance\PC-May6\IS (SWES).doc 13 15.a-g. No Impact: The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. A SWECS is a stationary structure that doesn't involve the transportation of people or goods, and is not used for traffic controlling devises that would result in the increase in traffic, levels of service, alter traffic patterns, interfere with emergency access, affect parking capacity, or conflict with adopted policies, plans or programs related to alternative transportation. The proposed project to allow SWECS within various zoning districts within the City has no relationship to traffic or capacity of transportation facilities. As a result, no impacts are anticipated. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: Potentially Issues and Supporting Information Sources Potentially Significant Significant Unless Mitigation Less Than Significant No Impact Incorporated Impact Impact a Exceed wastewater treatment requirements of the ✓ applicable Regional Water Quality Control Board? b Require or result in the construction of new water or ✓ wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c Require or result in the construction of new storm water ✓ drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d Have sufficient water supplies available to serve the project ✓ from existing entitlements and resources, or are new or expanded entitlements needed? e Result in a determination by the wastewater treatment ✓ provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f Be served by a landfill with sufficient permitted capacity to ✓ accommodate the project's solid waste disposal needs? g Comply with federal, state, and local statutes and ✓ regulations related to solid waste? Comments: 16.a-g. No Impact: The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. The use of a SWECS at a residential or commercial building will not impact wastewater treatment facilities, storm water facilities, water supplies, or landfill operations or capacities and therefore will have no impact to these types of utilities and services because SWECS do not use water, generate wastewater, or generate waste during operation of the system. The proposed project to allow SWECS within various zoning districts within the City has no relationship to the increasing demand for reducing capacity of wastewater treatment facilities, storm water drainage facilities, water supplies, or landfills. As a result, no impacts are anticipated. RALR Projects\2009\LR09-0007 Small Wind Energy Conversion Ordinance\PC-May6\IS (SWES).doc 14 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Impact Mitigation Incorporated Significant Im act No Impact a Does the project have the potential to degrade the quality of ✓ the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b Does the project have impacts that are individually limited, ✓ but cumulatively considerable ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c Does the project have environmental effects which will ✓ cause substantial adverse effects on human beings, either direct) or indirectly? Comments: 17.a-c. No Impact: The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. The use of a SWECS at a residential or commercial building will result in the generation of a renewable and non-polluting energy resource, which reduces air and water pollution that results from conventional electricity generation sources. Allowing SWECS within various zoning districts of the City will improve the quality of the environment by reducing reliance on electricity typically generated by combustion sources which cause air pollution. As a result, no impacts are anticipated. 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a Earlier analyses used. Identify earlier analyses and state where the are available for review. b Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed b mitigation measures based on the earlier analysis. c Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which the address site-specific conditions for the project. 18.a-c. None RALR Projects\2009\LR09-0007 Small Wind Energy Conversion Ordinance\PC-May6\IS (SWES).doc 15 SOURCES 1. City of Temecula General Plan 2. City of Temecula Municipal Code 3. Permitting Small Wind Turbines: A Handbook, Learning from the California Experience, www.awea.orq 4. California Energy Commission - Renewable Energy Program, www.energy.ca.gov/renewables/ 5. American Wind Energy Association, www.awea.org 6. California Government Code, Article 2.11 Wind Energy - Section 65892.13 RALR Projects\2009\LR09-0007 Small Wind Energy Conversion Ordinance\PC-May6\IS (SWES).doc 16 NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: LR09-0007 Applicant: City of Temecula Proposal: An Ordinance to establish development standards for allowing small wind energy conversion systems within all zoning districts, with exception of the Open Space- Conservation zoning district, of the City of Temecula Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project will not have a significant impact upon the environment based upon a completed Environmental Study. As a result, a Negative Declaration will be issued in compliance with CEQA Case Planner: Dale West, Associate Planner, (951) 693-3918 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: April 15, 2009 Time of Hearing: 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Planning Commission is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to 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 described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 693-3918. ITEM NO. 34 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 23, 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 Papp, Senior Planner RECOMMENDATION: That the City Council: 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: On March 24, 2009, the draft Ordinance was presented to the City Council for consideration. While there was general consensus among the City Council members that trees should be preserved, the City Council requested a continuance for staff to address the following information and changes to the Ordinance: Public Notice - To address the potential impacts on property owners, staff and the City's consulting landscape architect created maps identifying parcel sizes of at least five acres and then reviewed the most recent aerial photographs to determine if there were large trees on those properties. Field visits were then conducted on those properties to determine if candidate heritage trees were present. Heritage trees were found in 11 areas and the owners of these properties were sent public hearing notices via Certified Mail. Tract Maps - Addressing the concern of applicability to tract maps, Section 8.48.120 A.1. was added to state that the Ordinance will not apply to statutory extensions of time. Also, Section 8.48.120A.2. was added to state that the Ordinance will not apply to existing and future specific plan areas as such plans will contain their own requirements for the protection and preservation of heritage trees. Costs/Fees - Application submittals already require that conceptual landscape plans include an inventory of existing trees on site. No new applicant fees will be created because of this proposed Ordinance. Community Development processing and permit fees will utilize the existing User Fee structure. Mitigation - The costs of mitigation for lawful removal or relocation under Section 8.48.230 C. can vary. Appropriate mitigation shall be determined by the City Planner, or the final decision maker, and the type of mitigation selected shall not be subject to the preference of the applicant. Approximate costs for each mitigation measure are as follows: • 8.48.230 C. 1. - Relocating a heritage tree can vary from $10,000 to $75,000 per tree depending on the size of the tree; • 8.48.230 C. 2. - Replacing a heritage tree with a like tree can varyfrom $20,000 pertree (12- inch diameter) to $44,500 per tree (18-inch diameter) or more for larger diameter trees; • 8.48.230 C. 3. - Replacing a heritage tree with two 48" box trees will cost approximately $5,000 for each removed heritage tree; • 8.48.230 C. 4. - The cost of maintenance is negligible if following the Heritage Tree Preservation and Protection Guidelines. The cost of an independently prepared maintenance plan is unknown and will vary from project to project; • 8.48.230 C. 5. - Paying an in-lieu fee can vary considerably depending on the diameter of the tree. At a rate averaging $175 per square inch of cross-sectional trunk area measured at four feet above grade, an in-lieu fee per removed heritage tree can varyfrom $20,000 (12- inch diameter) to $178,000 (36-inch diameter) or more for larger diameter trees. General Location/Impacted Properties - Staff identified 14 property owners in 11 areas where heritage trees were found (Heritage Tree Grove Areas - Attachment 2). Of these areas, four are protected by the Open Space land use designation or the underlying conditions of approval for the project. The Ordinance will apply to and may have some minor impacts on another two areas located within the Hillside Residential land use category west of Interstate 15 and south of First Street. These two areas are viewed as unlikely to develop as they are presently co-owned by the State of California. Five areas have the potential to be impacted by this Ordinance, including three owned by the Temecula Creek Inn, one area that is commonly referred to as the Firestone propertyand one area located along the east side of Ynez Road, south of Rancho Vista Way. Staff met with representatives of Temecula Creek Inn (TCI) regarding a development plan proposal. TCI and the owners of the Firestone property are aware of a provision that will exempt them from the Ordinance if a Specific Plan is prepared which includes a preservation and protection plan for heritage trees found on-site. The area along Ynez Road is not likely to be impacted by the Ordinance because development approvals for the area in question would require approval by state of California resource agencies. Penalties - Remedies for the unlawful removal of a heritage tree are cumulative and may include nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. Furthermore, the City may seek restitution in the form of physical replacement of damaged or destroyed trees at a 2:1 ratio of like size and species, or the City may determine that payment shall be made in lieu of restitution. Such payment shall include the cost of procuring, transporting, planting, establishing and maintaining two replacement trees for each damaged or destroyed tree for the life of the project. Additional proposed revisions - A definition for "Heritage Tree Grove" areas was added to Section 8.48.130. Subject to Section 8.48.150, the recommended diameter for oak trees has been increased to 18 inches and the recommended diameter for all other designated species of heritage trees is 12 inches. The change in diameter for designated species is based on the recommendation of the City's consulting landscape architect. Subject to Section 8.48.230 C., the mitigation for the lawful removal or relocation of a heritage tree shall be at a 1:1 ratio. The previous version required mitigation at a 2:1 ratio. Subject to Section 8.48.320 A. 2., in-lieu payments shall now include the cost of transporting the replacement trees to the site and maintaining them forthe life of the project. ENVIRONMENTAL DETERMINATION: 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. Staff prepared an Initial Study to support findings that the Ordinance will have no adverse environmental affects because it will protect and preserve significant trees within the City of Temecula. FISCAL IMPACT: When Heritage Trees are found, the property owner will be required to adhere to the Heritage Tree Preservation and Protection Guidelines, or may hire a certified arborist to prepare an independent Preservation and Protection Plan. Pruning, relocating or removing a Heritage Tree will require an Administrative Review for Planning Department Only, which is presently $157.00. Heritage Tree nominations will be subject to the same Administrative Review. Owners of Heritage Trees will be required to record covenants to protect them. 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 Grove Areas CC Agenda Report 03-24-09 Notice of Public Hearing 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 Except as noted under paragraph A of this Section, this Ordinance shall apply to: (a) any development application for parcels larger than five (5) acres in size 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, within Western Riverside County Multi-Species Habitat Conservation Plan Important Wildlife Corridor Linkage areas, or within Heritage Tree Grove areas. A. The Heritage Tree Ordinance shall not apply to: 1. Statutory extensions of time for previously approved parcel and tract maps when there are no changes to the project and no amendments to the adopted conditions of approval. 2. Previously adopted Specific Plans and future Specific Plan Areas. Such plans contain their own requirements for protection and preservation of Heritage Trees. 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 2 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. "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 Grove" means a location confirmed by site visit or other empirical evidence that is known to contain multiple Heritage Trees. Such Heritage Tree Grove areas may occupy portions of one or more parcels, the location(s) of which shall be indicated on maps maintained by the Planning Department. "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. 3 "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. "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. 8.48.150 Heritage Tree Preservation and Protection Plan Upon submittal of an application for a discretionary permit on parcels larger than five acres, the Applicant shall also submit a tree inventory as part of the required conceptual landscape plans 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, the Applicant shall adhere to the preservation standards contained in the Heritage Tree Preservation and Protection Guidelines, or may hire a certified arborist or a licensed landscape architect to 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. 4 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 eighteen (18) 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 twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 4. Juglans californica, (California Black Walnut) 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. 5. Heteromeles (Photinia) arbutafolia, (California Holly) or (Toyon) 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. 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. 4. Heritage Tree Grove areas identified by the City of Temecula and shown on exhibits maintained by the Planning Department. C. Designation of Heritage Trees Through Nomination. 5 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. 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. 6 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. 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. 7 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. 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 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. 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. 9 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. 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; 10 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: site 1. The relocation of the subject tree to another location on-site or off- 2. The on-site or off-site planting of one (1) replacement tree of the same or similar species, having the approximate size, age and health as the Heritage Trees for every one (1) Heritage Tree removed; 3. The on-site or off-site planting of two (2) 48-inch box trees of the same species as the removed Heritage Tree for every one (1) Heritage Tree removed when it is not feasible to meet the requirements of Section 8.48.230.C.2.; 4. 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; 5. Payment of a fee equal to the cost of procuring, planting, establishing, and maintaining one (1) replacement tree 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 11 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. 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. 12 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, transporting, planting, establishing, and maintaining replacement trees for the life of the project at a ratio of two (2) new replacement trees for every one (1) damaged or destroyed tree. The cost of the replacement trees 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 (30) 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 13 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. 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 3. This Ordinance shall take effect and be in full force and effect thirty (34) days from and after the date of its final passage and adoption. 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. 14 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 15 M. - s tr I R y~ i sk 1 ner UnIeld School *j ,ndUseDeslg PubliclnstitWonal r r . ~ £ ,Mnated No of Trees' 11 Sycamores i Z: qWr x i T.~ t M aaY~. Y +i.?v~fitd~l A* p { t ¢e 1.5 Acres . Owner Donald Kaiserman P Lano Use Desrg Medium Dens Res * r Estimated No. of Trees 6 Oaks, t Sycamore ~ e•3 ~ ~ 'r ~ s7~ # ~f IL, f.. 's: * . 1 "'55111 I. ~ a arr. 1 'E. T -milk' r I s i !i r t yf . •,'d rrc... tl ~ 1 ~ vyl(! r 1 1 fl rb ~ I r lob II r. 4A Yi Densly) evil S w: 24 Acres nt:rer Regency Rcpeilie; rt ; I ,,,d Use Desg. Open Space ixlwlad Nd d Trees. 538-717 uaAs (Iv~d m to yy a i 1 ~ ' ~y~ 1 t~Y r i s " f S iv y r 777 41 hlt' v . .,F i , Z r ' F ✓ ~ *~a i . 'r ! ~ `i' 4,'~bi,..j~'v"'° `tiro.. ~ . ~ t~F 'r ~ 6~ ow err 'ti +r~ 'SCE 1 °K~ y .+r~ s~,,~~ 1K 1' a~ ' I. I. ~ 1+ U-M T~F AW, r way y I _ y 7 13Acres RegemyRopedles Ef ,1 Use Desq Open Space lHgt" TDixrA Corrmcrcul I ;rAedNoofTrees (TRD)Galsand Sycames r ~k z } .a.~ t f r~ 4B k 4k I bit ~J 5 1 5 2501 ..._.A ~ F W, • j , At' { FPS ry f_, a Size: 31 Acre's `honer Regency Propemes z +1i r _and Use Desig.. Open Space _Ahmated No. or Trees 350 Oaks flow 'it -;ltv1 V Y RL J,r~~ Y r'f APA t ■ ~r• w, ~Y i 7 ~ A r Y ~j 4~y„ f y° A ~e b Nf. L JIF //fir ~ • ,y. J4 • i .t_ fl y _ 4 I miner Coruna Redhawk / RHAAcquslUon! Pechanga Tribe ' fi j f 1~ t► LsnoUseDesig. LowMed-Dens Res.lMed.Dens Res./Highway ToudstCommelciai i asp G5~r~1 t,itirnated No. U Trees. 41 Oaks iii 40 'It % Jam. .z ir r - y~ ■ 01 Euvilm IIEvilly 1ili11■11■ I I Elio I Sulilal■II~u~Iq I Milo I IMII Milo I I Milo I loll■11u1 IAE#Sd III m IIm IImlIU 1111■11~11~11 a 11 11 U~tl~ll■11 *Iw1Y~p/17~t1 w11mil 11u ` ~Ilru~ll '~Il~u~luu~II~11M~ NNr11~tI~11A1 If r1~11~"I i~ WIL ♦ 1~1 L LIG*l ML :4Y YRtri: (Wen Tvm(dA Propcoe Land U. Devgmhon IrdmtwPack EHnr[y!P1 lip xTre±: Seals dod Vu /k;fi UarcAy xndVShfi~r r `41 Y f l r '~4 11, f R x.' e r ^'k 16 ~~r•,'L fr 7 S¢e MAcres Owner Jon Gunderson / State of Calif Land Use Desig Hillside Res I Open Space Estimated No. or Trees. 310A 13 Oaks (Medium to High Density) T. t', y ~I l - 19" + v y C \ art; ~ N~.7 ' t r ~fJ7 ■ Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT ORIGINAL 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 jeopardy from 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, 2009 the Planning Commission unanimously recommended that the City Council adopt the 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. 8.48.150 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 (30) 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 Califomia 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 Section 1.0 GENERAL PROVISIONS 1.1 1.2 1.3 1.4 Section 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 Heritage Tree Preservation and Protection Guidelines........ Purpose Adoption and Revisions Criteria for Determination of Heritage Trees LAND DEVELOPMENT AND HERITAGE TREES ........3 .............................4 .............................4 .............................4 .............................4 Pre-Construction 6 Activities During Construction... 6 Grading, Soil Compaction and Root Protection ...................6 Trenching, Excavation and Equipment Use ...................7 Tunneling and Directional Drilling ...................7 Root Cutting ...................8 Maintenance of Heritage Trees During Construction ...................8 Tree Removal or Relocation 9 Tree Pruning, Removal or Relocation Permit Required ...................9 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 8. 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. SECTION 1.0 GENERAL PROVISIONS 1.1 1.2 1.3 Heritage Tree Preservation and Protection Guidelines The Heritage Tree Preservation and Protection Guidelines ("Guidelines") 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. 1.4 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. 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. 5 SECTION 2.0 LAND DEVELOPMENT AND HERITAGE TREES 2.1 2.2 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 Piari" of these Guidelines. B. Pre-Construction Meetina 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. 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.) 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: TRUNK DIAMETER measured.4 feet above natural rade MINIMUM DISTANCE FROM BOTH SIDES OF TRUNK'; Oak Tree, 4 inches or more 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 To on, 8 inches or more yr as oeiermined 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: TRUNK DIAMETER measured 4 feet above natural rade 1 MINIMUM TUNNEL DEPTH*.' 12 inches or less 24 inches More than 12 inches 36 inches 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 8 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 3/-inch quarry gravel to stabilize the 3/4-inch plywood sheets laid on top. Steel plates can also be used. D. Irriaation. 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 aiusxvmaev¢i~ul~ermwp . 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. 9 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 ownef's name. D. Provide date of last revision, north arrow, and drawn to scale (no smaller than T' = 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 Trees" 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. 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 Assessor'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 Trees' of these Guidelines. C. Erosion Control: If a tree is adjacent to or in the immediate proximity to a grade slope of k 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. 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 ""Applicanf" 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 Flah"' means the tree trunk where it emerges from the root system and flairs out to create the base of the tree. ""Certified Arborist" 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. ""City" means the City of Temecula. `"'Cutting" means the detaching or separating from a Heritage Tree any live limb or branch over one inch (f") 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. '"'Damage" 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. `"'Deadwoocr' 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 Tree" 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. `"'Directoi"' means the Planning Director, or his or her designee. "Drip lind" 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 Trees" 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 City'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 Guidelines' 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 tree" 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 engelmannii), Scrub Oak (Quercus berberidifolia), and Valley Oak (Quercus lobata), upon reaching four (4) inches in diameter.. "Owneif" means the legal owner of real property within the City of Temecula and any lessee of the owner. "Persorf' 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""Directoi"' means the Director of Planning of the City of Temecula, or his or her duly delegated representative. "Protected Zone°' or""Tree Protection Zone' 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. '"`PruninW' 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. '"'Relocatiotf' 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-War' 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. "gRoutine 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 (f") in diameter. '"'Sits" means the real property on which activities subject to these Guidelines may occur. "'Treer" means, for purposes of these Guidelines, a Heritage Tree '"'Tree Canopy' means the top layer or crown of mature trees. ""Trimmind" (see"'Cuttind"). '"'Urban Foresf' 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 atmw=..¢ill m =WIa =M . 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 atwraraua ¢iiNcctf~emauila~cm 18 APPENDIX A HERITAGE TREE LOCATION MAP cc ~ m d - J ~ m 0 T h T N 0 ' o 3 m D m i ,o U H A N N N o a V ~ E E 7 d C W 111 ' v r . a o w C o Z W 2 O a 2~ ou nv to a ~ W a' ~ ~ v m G~ tt o y'U dd 1 O O C m ~A a; m z yak 'L > n nm> CD K E EZ4 o$ N to EW E E.0 % a E En o c W G a m Poo N =mr u ¢Z r OWN 0T CT } N 1102 e mfr I 20 mm ea. NmN . a•S O LrL r~O APPENDIX B RIPARIAN AREAS APPENDIX C IMPORTANT WILDLIFE MOVEMENT CORRIDORS 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 ❑ Not sure ❑ Other: GPS units (OPTIONAL): Height feet Average canopy width' feet Circumference at chest leve12 inches Circumference at ground leve13 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/r)ublimtions/tree-ord/heritage asox 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: ❑ 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 ❑ 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): Property owner: Name Address Address Phone (day) Fax # Email 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 No. 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 level2 inches Circumference at ground levels inches 1 Distance from one edge to opposite edge of tree canopy 2 Distance around trunk at 4.5 it off the ground. http://www isa-arbor com/Dublications/tree-ord/heritage asox 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 No Contributes to neighborhood aesthetic. Describe contribution: 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: -High Extends between multiple properties: -Yes High visibility, multiple neighbors share tree. Describe: 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: Wind or sound barrier: Yes -No Tree reduces wind speed or mitigates undesirable noise. Describe: Prominent landscape feature: -Yes A striking and outstanding natural feature. Describe, attach photo if possible: Yes No No 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 Y2-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. Significant 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 1/2-acre residential parcels, Section 8.48.210, has been removed because the focus has changed to new development only. Minor Revisions to Ordinance: 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 Planning 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 Notice of Public Hearing THE CITY OF TEMECULA 43200 Business Park Drive Temecula, CA 92590 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Case No: Planning Application No. LR08-0019 Applicant: City of Temecula Location: Citywide Proposal: Review and adopt the proposed Heritage Tree Ordinance Environmental Action: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA (Section 15061(3)) Any person may submit written comments to the City Council before the hearing(s) or may appear and be heard in support of or opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised atthe public hearing(s) described in this notice, or in written correspondences delivered to the City Clerk at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project(s) may be addressed to Emery Papp, City of Temecula Redevelopment Agency, (951) 693- 3955. PLACE OF HEARING City Council Chambers 43200 Business Park Drive Temecula, California DATE OF HEARING June 23, 2009 TIME OF HEARING 7:00 PM CAProgram Files\Neevia.ComTocument Converterlemp\927980.doc COUNCIL BUSINESS ITEM NO. 35 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: June 23, 2009 SUBJECT: Planning Commission Appointments PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: Appoint two applicants to serve full three-year terms on the Planning Commission through June 15, 2012. BACKGROUND: The term of Commissioners Dennis Chiniaeff and Ron Guerriero expired on June 15, 2009. The City Clerk's office has followed the Council's established procedure for filling Commission vacancies by advertising the opening in the local newspaper. Notices were also posted at various locations within the City and on the City's Web page. When the deadline was reached for accepting applications, the applications were forwarded to the subcommittee comprised of Mayor Edwards and Council Member Naggar for review and recommendation. Both Mayor Edwards and Council Member Naggar have recommended the reappointment of Commissioner Ron Guerriero and the appointment of Pat Kight to serve full three-year terms through June 15, 2012. All applicants are registered voters and live within the city limits of the City of Temecula. Attached are copies of the applications that were received by the filing deadline of May 26, 2009. FISCAL IMPACT: None ATTACHMENTS: Six (6) Applications for Appointment City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Vol PIUPVI CUUMUCFRLIVpp City of Temecula and a Reg! Ci Commission Appointment Application RECEIVED st currently be a resident of the ` doter within the City Limits of the MAY 7 2 2009 gtecula C11 Y CLERKS DEPT, Please cheek one: 0 Planning 0 Community Services Public Traffic Safety Number of years as a City of Temecula Resident 5 Are you a City Registered Voter? yes NAME: Timothy Jacob Bal OCCUPATION: Small Business Owner ADDRESS: 32773 Huna Drive, Temecula, CA 92592 DAYTIME PHONE: 951-296-3433 EVENING PHONE: 951-699-7055 EMPLOYER NAME: Brandel Masonry Supplies EMPLOYER ADDRESS: 42368 Rio Nedo, Temecula, CA 92590 E-MAIL nm@gobmadel.com Educational Background/Degrees: Bachelor of Science, Civil Engineering, Michigan Tech, 1974 List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Masonry Industry Training Institute State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) See attachments. I understand that any or all information on t ' form may be verified. I consent to the release of this information for public mformati n purp s . Signature: ~1 d~ n c ~ Date: May 20, 2009 Please return to: City Clerk' ff ce, 4320 usiness Park Drive (951) 694-6444 (OR) Mail to: P. o. ox 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE F BRANDEL~ MASONRY SUPPLIES May 20, 2009 3531 POMONA BOULEVARD POMONA, CA 91768 (909) 594-5715 • (626) 331-4813 FAX (909) 598.7095 To Whom it May Concern: 42368 RIO NEDO TEMECULA, CA 92590 (951) 296-3433 FAX (951) 296-3436 My name is Tim Bal. I have been a resident of Temecula since July of 2004 and a homeowner in Temecula since July of 2006. Together with my wife we own and operate a small business with retail outlets in Temecula and Pomona, CA. My oldest son is in his junior year at Cal State-San Marcos and my younger son graduated from Great Oak High School in 2008. My purpose in providing this brief biographical data is to demonstrate my ties to this community, my commitment to making Temecula a place to be proud of and to show my willingness to give back to the community which we now call home. My father was also a civil engineer, was the mayor of a small town in Michigan and served on the county planning commission for many years. My exposure to his volunteer efforts as a civil servant has inspired me to attempt to sustain his legacy by offering my knowledge, wisdom and experience of 34 years of industrial, engineering and small business involvement as a project engineer, Vice President and General Manager. I am a critical thinker, sometimes overly analytical, but always extremely thorough and methodical with the decisions and judgments that I make. I believe I would make a significant contribution to the City of Temecula Planning Commission and I would dedicate myself to the duties and responsibilities of the Commission. I have provided a brief resume for additional information on my educational and professional background. Timothy Jacob Bal 32773 Hupa Drive, Temecula, CA 92592 (951) 501-9949 cell tim@gobrandel.com Objective To give back to the community. Education Bachelor of Science, Civil Engineering June 1974 Michigan Technological University, Houghton, MI • Major. Construction • Chi Epsilon Related coarse work. personnel management, business management, business law, project management, accounting, economics, and marketing. PE Registration: North Carolina-registered but inactive; Alabama and Wisconsin-expired Skills/Abilities Management • North American responsibility for customer service operations of a 50 million dollar segment of a large multi-national corporation, including 5 manufacturing/repair facilities. • Customer service responsibility for 50 people, including 6 direct reports at the service center operations of a major machinery manufacturer. • General Sales Manager with two direct reports for a North American segment of the paper machinery rebuild market. • President & CEO of a small entrepreneurial business in Southern California with 15 employees and sales of $4 million. • VP Sales for a team of inside sales, field sales and manufacturer's reps. Sales • Over $100 million in booked sales of high-tech paper manufacturing machinery. • Extensive travel throughout the US, Canada and Scandinavia, hosting customers on trips to reference manufacturing sites and European company facilities. • Director, Business Development for a large E&C firm with direct account responsibility for selected Core Clients. Communication • Completely literate with Internet, MS Word, MS Excel, NIS Powerpoint and Quickbooks. • Superior communication and presentation skills, honed through 24 years of technical sales activity to engineering organizations, plant management and plant engineering personnel. Leadership • Marketing Manager, General Sales Manager and VP-Sales in paper machinery sales. • VP-North American Service in after-market sales of paper machinery • President & CEO of small building materials business in Southern California • 'Driving force in company's ISO 3000 and Malcolm Baldridge quality initiatives. • Team leader in sales activity of maior~ professional services contracts. Experience President & CEO, Brandel Masonry Supplies, Temecula, CA (May 2004 - present) Director, Bus. Dev., Jacobs Engineering, Greenville, SC (March 2000 - April 2004) Vice President, Service, Metso USA, Charlotte, NC Duly 1995 - February 2000) Sales Manager, Metso USA, Charlotte, NC Qune 1987-June 1995) General Manager, Brandel Masonry Supplies, Pomona, CA (September 1986 - May 1987) VP-Sales, LG Industries, Coatesville, PA (Devember 1985-July 1986) Marketing Manager, Beloit Corporation, Beloit, WI Quly 1980 - November 1985) Construction Engineer, Champion International, Courtland, AL (May 1978-June 1980) Project Engineer, Mead Corporation, Chillicothe, OH Qune 1974 -April 1978) RECEIVED MAY - 7 2009 i Eq City of Temecula FMS DEPT, 43200 Business Park Drive Commission Appointment Temecula, CA 92590 www.cityofemecula.org Application (951) 694-6444 For proper consideration, you must currently be a resident of the City, of Temecula and a Registered Voter within the City Limits of the City of Temecula Please cheek one.- 0 Planning 0 Community Services 0 Public Traffic Safety Number of years as a City of Temecula Resident 21 Are you a City Registered Voter? yes NAME: Ronald Carl Guerriero OCCUPATION: C-Pli-ceofficer ADDRESS: 41510 Chenin Blanc Temecula 92591 DAYTIME PHONE: 951-634-2207 EVENING PHONE: 951-676-6150 EMPLOYER NAME: EDGE Development, Inc. EMPLOYER ADDRESS: 27368 Via Industria - Temecula 92590 E-MAIL bsafel@verizon.net Educational Background/Degrees: AA Police Science; BA Criminal Justice Admin.; Many courses in Planning, Safety, Environmental, Health, and Business. List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Temecula Traffic/Public Commission 1990 - 1996; Planning Commission 1996 - Present; Now serving on the city's Old Town Specific Plan Review Committee; Sustainability, and Wind Committies. I have served on many subcommitties and adhoc committies for the city over the past 19 years. List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): American Planning Assoc.; Police Officers Research Assoc.; American Society of Safety Engineers; Director, Temecula Chamber of Commerce; Past CEO Temecula Balloon and Wine Assoc.; Director Temecula Cancer Society; Director Temecula Town Assoc.; Committee Chair Kolman Race For The Cure; and many others. State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) Please see attached page. I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: Date: Please return to: City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Application for position of Planning Commissioner Ronald C. Guerriero 5-5-09 I believe that residents should give back to the community in which they reside. For the past 19 years I have tried to live by that philosophy by serving this fantastic community in any capacity possible. When Temecula first incorporated I applied for and received a position on the Traffic Commission, which later became the Traffic/Public safety Commission. While serving on that commission for 6 years I was involved in starting the first Community Emergency Response Team with the help of City Staff. I was also involved in starting the first Public Safety Expo with the help of City Staff and the Police and Fire Departments. In 1996 I was appointed to the Planning Commission which I have thoroughly immersed myself in ever since. As a Planning Commissioner I was involved in the Mall project, 3 specific plans, issues related to Old Town restoration, and so many other developments to remember. I have been honored to have served in a small way toward the development of our great city. Temecula has been blessed with the vision of many current and past Council-members, and City Staff that I have had the honor of serving with for the past 19 years. The city has seen fit to invest in me by allowing me to attend many workshops, and conventions related to Planning, and this has given me the ability to make, what I believe to have been, good decisions toward the development of our community. With all the training, and personal involvement I have achieved over the years, and with many additional projects coming to our community, I feel I have the credentials to continue to serve in a forward thinking capacity as our city continues to grow. Therefore, I respectfully request that the Temecula City Council re-appoint me to another term as a Temecula Planning Commissioner. Thank YOU for all the time and energy you give this city, and I would be blessed to continue to serve with you. Ron Guerriero tE0IF AY 2 2 2009 CLERKS E3gpT. Please Check One., Planning Community Services Public Traffic Safety Number of years as a City of Temecula Resident 1 hears Are you a City Registered Voter? Yes NAME: Sonya Hooks-Broyles, O.D. OCCUPATION: optometdst/Bminess Owner ADDRESS: 45882 Corte Carmello, Temecula CA 92592 DAYTIME PHONE: 951-970-1235 EV ENING PHONE: 951-302-7948 _ EMPLOYER NAME: Self- Redhawk Vision Center EMPLOYER ADDRESS: 31685 Temecula Parkway SuiteA E-M AIL Bargamcyecm@eartNink.net Educational Background/Degrees: See Attached Document List any City or County Board, Committee or Commission on which you have served and the y ear(s) of service: N/A List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): See Attached Document State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) See Attached Document I understand that or all information on this form may be verified. I consent to the release of this information f ublig,inform#tion purpoAes. Signature: N rU Date: May22,2009 Please retur to: ity Clerk's Offi , 4320 Business Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE City of Temecula 43200 Business Park Drive Commission Appointment Temecula, CA 92590 www.cityoftemecula.org Application (951) 694-6444 11 Educational Background/Degrees: • University of California, San Diego, Bachelor of Arts, Major- Psychology, Minor- Biology, 1988 • New England College of Optometry, Doctor of Optometry, 1993 List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.) • Women of Vision • YMCA Scholarship Fund • Past Member- Temecula Rotary-Noon • Diamond Jaxx Baseball Club • Temecula Viper Volleyball • Temecula Valley Pop Warner Football State why you wish to serve on this commission, and why you believe you are qualified for the position. My family relocated from Los Angeles to be apart of the Old Traditions, New Opportunities, and Temecula became home in 1989 when my father built the family home. The same year the city was incorporated. In 1998, my goal was to be a career woman, and mother, but needed a safe and secure environment to raise my children. My husband and I have been vested in Temecula since 1998. We are local business owners of Redhawk Vision Center, and formerly Borgatta Eye Care since 1999. My two children, presently 14 and 11, have been educated through public and private schools. I would enjoy the responsibility of representing our city, to help maintain and cultivate the advancements of Temecula. I wish to serve on the Planning Commission for the City of Temecula to oversee the General Plan of the City. I understand the duties performed by the Planning Commission are Public Hearings, City General Plan, Zone Changes, Plot Plans, Specific Plans, and utmost advising the City Council. The integration of Land Use Planning, Urban Planning, encompasses various disciplines, thus Social Policy. I am able to implement Social Policy, ensuring that land is used efficiently for the benefit of the wider economy and population as well as to protect the environment. I want to be apart of change, while maintaining living conditions that are conducive to our community's overall welfare. I quote from Helen Keller, "Many persons have a wrong idea of what constitutes true happiness. It is not attained through self-gratification but through fidelity to a worthy purpose." My purpose would be to adhere to the General Plan of the City while preserving Temecula's Old Traditions with New Opportunities. References: • Joan Padberg, The Country Review, Publisher 951- 677-8128 • Mark Macarro, Pechanga, Tribal Chairman 951- 533-7000 • Katherine Bailey, First California Bank, Regional V.P. 951- 741-5626 • Abraham Feltus, New Horizon Landscape, Owner 951- 672-1195 City of Temecula 43200 Business Park Drive Commission Appointment Temecula, CA 92590 www.cityoftemecula.org Application (951) 694-6444 ECEt V ED AY 2 6 2009 CLERKS bEP'L Please Check One. E~ Planning 0 Community Services Public Traffic Safety Number of years as a City of Temecula Resident 1'1 Are you a City Registered Voter? NAME,DH!`Iit:L J` 40-1 OCCUPATION: Z'NSu2ArjtE ?>i2oYr-K ADDRESS: 4KS9 /4613 CT• rt6,M ECOIA., CA. 92591 DAYTIME PHONE:S'SI- (.44- -73 SS EVENING PHONE: RSl - Po 1- 72-7 (o EMPLOYERNAME: K~cKTHS~eracrA4eNCr.. Luc. EMPLOYER E-MAIL JaV+KacK@PoPox. Cvu Educational Background/Degrees: See.A}Fact+cD List any City or County Board, Committee or Commission on which you have served and the year(s) of service: MAWkGep AND ComgSD LvOe-leA-4vC, 8A5visAtx-,Soccef- foR 16n e"5 A190 RSSiytED Suwuna L CLAMP ec CRC 1;& 3eveana, yenps . List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): sr MEUaEe- Su4gjsc M~ Y IrS~ AIAT1o1.1. CyAttibER N'touw RotA-A-y - AI"0uA1 Agor- O kvtclr. Sv\SL PWOC t;WtA At FE Z F ~e41+oRr State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references, are encouraged.)-' g4, „s }e~ec~l~ ~a Se~eAA~ yEA ANil BEGo'i~DED SeveAwti jebfl~0 6U?- Cptywvuil.S,~, wko s insuar. Personalty Arvv ro~iri6o iG[~. a {lerE s"o A.~o dWv C-9 IQ daf+H g2vei-A, ISSurS'FACNG +ewec4l Futw'e /}Nt~~e~ciue Cuv, $e OF ?Ma4Y See At1AW&)) I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Date: Saa -Dq Please return toy City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Daniel J. Keck., LUTCF 28936 Old Town Front Street #101 Temecula, CA 92590 (951) 699-7388 Marketing/Sales PROFESSIONAL OBJECTIVE To obtain a challenging marketing position where my strong public relations, communications and excellent sales/customer service skills can contribute to your company's profitability and growth as well as my own career advancement. QUALIFICATIONS Progressive experience in competitive, high-volume, consumer-oriented sales environments, solid background in meeting profitability goals through highly successful sales/marketing and client service. Team leader who approaches each project with a personal commitment to excellence. PROFESSIONAL EXPERIENCE Keck Insurance Agency, Inc. 1989 - Present Temecula, CA Family Business Since 1975 Marketing Representative / Insurance Agent / Broker Major responsibilities include handling all marketing for company and bringing in outside clientele, maintaining great rapport with businesses in the local area and also attending to there insurance needs. Prudential Insurance 1989 - 1997 Rancho Cucamonga, CA Insurance Agent - The policies I sold consisted of life, disability, variable contracts, fire and casualty. Some of my achievements consist of top ten in production for Prudential nationwide in 1990, agent of the year in California, National Sales Achievement Award, Century Club, Regional Business Conference, agent of the month several times throughout my career with Prudential. United Parcel Service 1981-1989 Sunnyvale, CA Job duties consisted of delivering and receiving all parcels, while maintaining excellent customer service for the company. Shop Stewart Teamsters Local 287, handled all arbitration's within hub. Education and Special Skills 1969 - 1972 Fullerton Union High School 1973 - 1974 Fullerton Junior College Waterpolo State and National Champions 1975 - 1980 San Jose State University Waterpolo Scholarship Bachelor of Science in Behavioral Science Minor Biology " Senior Status" 1989 California State Insurance License for sales of Property and Casualty Insurance Life and Disability Insurance Series 6 Variable Insurance Broker / Agent 1993 Life Underwriter Training Council Fellow, LUTCF 1994 Advanced Business Planning 1995 Past Member Temecula Sunrise Rotary 2000 Real Estate License References available upon request Personal Mission Statement Strive to maintain action in line with values, leadership with integrity, and guidance with care. Honest accountability with myself and those I work with. Goals for myself and the team I work with that demand growth personally, professionally & spiritually. Always put the interest of our clients and associates above monetary gain. Continually strive to be the best that I can be today. City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appointment Application RECEIVED MAY b 6 2009 CITY CLERKtt Dr;PT Please check One. F-7-1 Planning 0 Community Services 0 Public Traffic Safety Number of years as a City of Temecula Resident 4 Are you a City Registered Voter? Yes NAME: Pat Kight OCCUPATION: co uuanr ADDRESS: 29623 Wavnewood Drive I dJ 91 DAYTIME PHONE: 951-760-8681 EVENING PHONE: 951-694-1973 EMPLOYER NAME: Big League Dreams EMPLOYER ADDRESS: 16339 Fairfield Ranch Road Chino Hills E-MAIL, Peaw@-n,eo Educational Background/Degrees: CSU, Chico 1976-1980 List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Shasta County Planning Commission - 1986 - 1990 Shasta County Planning Commission - 1994 - 1998 Redding City Council - 1998 - 2005 p List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): None presently State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) SEA 14 r-r/+c ,u,ab I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Date: - a -0 q Please return to City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Pat Kight 29623 Waynewood Drive Temecula, CA 92591 During my thirty five years in Redding I saw Shasta County and the City of Redding experience unprecedented growth not unlike Temecula. Balancing the needs of a diverse community is not always easy or popular but as I left Redding in 2005 it was with a tremendous feeling of pride that the community was far better because of the work we did. I feel I would bring a unique perspective to the Planning Commission as a result of having served eight years on the Shasta County Planning Commission and also the Redding City Council. The need for city/county cooperation has never been more important than right now and understanding the needs of both is critical to effective planning. In my current capacity as a consultant I work with cities and counties across the country planning for parks that not only serve the needs of local families but also create new economic development maximizing the agency's return on investment. I have learned a great deal regarding planning a city's future growth from my travels - both good and bad- I have always considered myself a team player and believe that the city is served far better by virtue of the varied backgrounds of those who serve. I have a background that would enhance and protect the quality of life for our citizens. I continue to have a deep desire to serve the community in which I live. It would indeed be my pleasure to serve the fine city of Temecula. Respectfully, Q: S Z) Pat Kight May. 26. 2009 10:16AM TURTLE BAY EXPLORATION PARk_ W . Al-. . City of Temecula To whom it may concern, - - - - - - - - - - - - No. 1538 P. 1 This letter is being written on behalf of Pat Kight's application to the City of Temecula Planning Commission. Mr. bight served w both a Planning Commissioner for the County of Shasta and a Councilman for the City of Redding. While I was the City Manager for 1 I years before retiring in 20061 was able to see Mr. Kight in both roles. Dueing his time as Commissioner and Councilman he had many planning issues that came before him and his fellow commissioners and council members. In all instances he was prepared and asked intelligent and insightful questions. I do not remember a single instance when his questions or decisions were not seen as fair and unbiased. I can honestly say that the community is better because of Mr. Kight's involvement in planning issues- It is without any hesitation that I recommend Pat Kight for the position of Planning Commissioner. He will serve your community well. Sincerely, Michael Warren CEO and former City Manager 1335 AR&OBEWM DRIVE, SUITE.A- REOOIN6. CA 960w • 530-14)-8950- FAX 530-243-8998 -TURTLEPAY.OR4 City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appointment Application For proper consideration, you must currently be a, resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula RECEIVED MAY 2 6 2009 CITY CLERKS DEPT, Please check one. 0 Planning Community Services 0 Public Traffic Safety Number of years as a City of Temecula Resident 3.5 Are you a City Registered Voter? Yes NAME: Chris Warren OCCUPATION: Business Manager ADDRESS: 27674 Parkside Drive. Temecula, Ca 92591 DAYTIME PHONE: 951-813-8994 EVENING PHONE: 951-639-5484 EMPLOYER NAME: EMPLOYER ADDRESS: 911 S. Andreasen Drive E-MAIL chris_wwcn@verimn.ne[ Educational Background/Degrees: Bachelors of Science in Business Management obtained from the University of Phoenix, San Marcos,Ca List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Presently serving as a Secretary for the Summerfield Home Owners Association Board List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): French Valley AYSO VIP 1508 as a coach to kids with special needs State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) Please see attachment I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: Date: 6 Please return to: City Clerk's Office, 43200 Business Park Drive (959) 694-6444 (OR) Mail to: P, 0. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE The first reason I would like to serve on this Commission is because, I have a genuine love for the city of Temecula. As an adolescence, I have lived in communities that lacks the values and standards that the city of Temecula upholds. The second reason I would like to server is that, I would like to take my life long desire to have a position to where I can affect the tradition and the culture of a community in a positive way. I would like to work for the people and be apart of a traditon and culture that is unique from any other. I feel I am qualified for this position based on my positions that I have held throughout my career. I have had the honor of holding positions to where, I have had to work with a team of professionals and come to a decision on a project. I have developed patience and the ability to listen and critically think a situation or a circumstance thoroughly before coming to a conclusion. I am business minded and compassionate. I like challenges but moreso I love accomplishments. Temecula is a prize accomplishment. 5/13/09 To whom it may concern: Please accept this letter as my personal letter of recommendation for Chris Warren. I've had the privilege of being an acquaintance of Chris Warren's for over twenty-two years. In all the years that I have known Chris he has always shown himself to have a winning attitude that embraces all challenges, and a person of the highest ethical caliber, who, manages stress well. Chris has a generous spirit and is a loyal, positive individual. He's also the "go-to" guy amongst our peers; people continually turn to him for extra help both personally and professionally. That's a quality I've always admired. His strong leadership style has helped him achieve a number of successes in his career. I trust him impeccably because frankly, he's never let me down. Chris is an intelligent, capable, dedicated, and personable young man. He is a hard working individual, with sensible reactions in all the circumstances I've seen him in. I feel confident in saying that he is capable of handling any situation with thoughtfulness and maturity. I truly believe that Chris would be a valuable asset to any employer and I strongly recommend hiring him. If you'd like to hear more good things about Chris, please don't hesitate to contact me during normal business hours at 760- 809-8543. Sincerely, Q San Diego Trainer, Auto Physical Damage (MBA) From: Shane and Anna McCoy 27506 Parkside Drive Temecula, CA 92591 (951)-816-0545 Subject: Letter of Recommendation in the case of Chris Warren To Whom It May Concern: We have known Chris Warren for several years now; he is an exceptional person, with unlimited potential in all his endeavors. We first became acquainted with him through our Home Owner's Association, in which he serves as secretary. As a Police Officer, I work in a career where public interaction is constant. I have never met a more responsible and polite person, as well as a more proactive citizen. He is an effective communicator, and portrays an image of unquestionable self-confidence and determination. Chris is an intelligent, capable; and dedicated person that can handle any situation he is placed in, because of his calm and sensible demeanor. . Chris has accomplished his educational goals, by most recently, receiving his Bachelor's degree. This, in today's society shows excellent leadership and organizational skills. 'Chris is an extremely reliable and dependable person; he is an asset to our community. Chris would be a tremendous asset to any company, I recommend him to you without reservation. Should you need further information, please do not hesitate to contact us at the above address, or telephone number. Res ctfully, Shane and a McCoy ITEM NO. 36 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: June 23, 2009 SUBJECT: Old Town Local Review Board Appointments PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: Appoint three applicants to serve full three-year terms on the Old Town Local Review Board through June 15, 2012. BACKGROUND: The terms of Committee Members Albert Blair and Jack Eden expired on June 15, 2009. In addition, Committee Member William Harker resigned his position which also had a term expiration of June 15, 2009. The City Clerk's office has followed the Council's established procedure for filling Committee vacancies by advertising the openings in the local newspaper. Notices were also posted at various locations within the City and on the City's Web page. When the deadline was reached for accepting applications, the applications were forwarded to the subcommittee comprised of Mayor Edwards and Council Member Washington for review and recommendation. Both Mayor Edwards and Council Member Washington have recommended the re-appointment of Committee Members Albert Blair and Jack Eden and the appointment of Craig Puma to serve full three-year terms through June 15, 2012. All applicants are registered voters. It is not a requirement of this committee to be a resident of the City of Temecula. Attached are copies of the applications that were received by the filing deadline of May 26, 2009. FISCAL IMPACT: None ATTACHMENTS: Four (4) Applications for Appointment City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Old Town Local Review Board Application KlUQ PR .2, 8 2009 CwE KS D Temecula Resident? _ If yes, number of years _ Are you a Registered Voter? NAME: f~L~pt Si-m(L- OCCUPATION: 2r1c+Q=4t, ADDRESS: DAYTIME PHONE; EVENING PHONE: EMPLOYER NAME: EMPLOYER ADDRESS: E-MAIL Educational Background/Degrees: List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, community service): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. You may attach a separate sheet of paper if necessary.) I IaAJV- s£n11Ft} O0 -t*S &Aa.D CbjL MArJy yrrA¢S. ( WvuLp 6LM tt~ e-o- Awl x , t AM fynt% Q _ Aq-ovk Ti- kr,.GJ JISjo~ l &Q d h tb'r'UN understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: Date: A%QC,L `Lt , 1,009 Please return to: City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to. P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE ALBERT C. BLAIR EDUCATION 19744976 University of Utah, Graduate' Studies, Manpower Economics and Public Administration 1958-1973 Brigham Young University, BS Sociology, Emphasis on Demographics 1957-1959 Santa. Barbara City College, General Studies 1953-1956 Santa Barbara High School WORK HISTORY 1987-2009 Retired 1976-1987 Salt Lake City Division of Building and Housing Services, Director 1966-1976 Salt Lake City Planning Division, City Planner 1962-1966 State of Utah Department of Transportation; Land Use-Analyst 1949-1:962 School Time Employment BOARDS AND AFFILIATIONS 1997-2009 Temecula Old Town Review Board, Member (2005 Chairman) 1988-1989 Salt Lake County Board, ofZoning Adjustment, Member 1984-1987 Salt-Lake . Handicapped_Concem Committee; Member 1976-1987 International Conference of Building Officials, Member 1976-1487 Utah Conference. of Building Officials, Member 1976-1987 Salt Lake City Planning Commission, Ex-Officio Member 1976-1987 Salt Lake City Board of Zoning Adjustment Ex-Officio Member 197&1987 Salt Lake City Board of Appeals and Examiners, Staff Support 1976-1987 Salt Lake City Housing and Advisory Appeals Board, Staff Support 1976-1987 Salt Lake City Historical Landmarks Committee, Staff Support 1973-1987 Salt Lake City Neighborhood Housing Services, Member Board of Directors 1971-1976 Utah Housing Coalition, Member Board of Directors City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Old Town Local Review Board Application {b,:, D For proper con4ideratton, you musf;:curiientlgbe a Regrstered Voter APR 2QAS • SV 5 DEPT. Temecula Resident? _ If yes, number of years _ Are you a Registered Voter? NAME: ~ <fd / DAYTIME PHONE: EVENING.PHONE: 5 Z7Z7 EMPLOYER NAME: ~V/JII/C EMPLOYER ADDRESS. E-MAIL fa&onda,nnL&0t Educational Background/Degrees: List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to whic you belong (professional, technical, community service): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. You may attach a separate sheet of paper if necessary.) G✓/J S 7 021 GJJY/d✓~`" G JY~Y~~ GG4/NL/'' 9` ~0-~~/J/~ ~T ~ 11 /Jn/i1G~GG' J f /L 42t 1/l/7% Cv! i /✓~~,~(~~3 l.C/~' ~cl/~'toF'/'~rc`N%P~ ~/i~~ ~/i t~ .~G9,I/~i/c SS~I ~~a/,l~' //~c'Jo %JsJ6cJ/6 ~J rNG ~G L OF~~ r/J3 r/~ /~~1 SG`~tO~[/r G61/ 1` understand that any or all information on this form may be verifid. I consent to the release of this information for pu 'c information purposes. Signature: Date:y Please retu o: City Clerk's Office, 43200 Business Park Drive (951) 6 4-644 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE cS~~2~/~= ~s ~ cif ~CJ ~~a ~aC/✓G C~/CG.,~ ~Ci,~/~Cc~ o//A/l~/1~'G cJ~i~~~ ~~r~f~,~~ 24/05 2009 17:56 FAX 8488243696 BUSINESS CENTER NWHS U001 05-25-79 A0637 IN 03-?5 City of Temecula 43200 Business Park Drive Old Town Local Review Temecula, 92590 Board Application JECEIVED www.cityoftemeculzi.org (951) 694-6444 MAY 2 6 2005 0TY CLERKS DEFT, Temecula Resident? ✓ if yes, number of years Z ) Are you a Registered Voter? fy t5 NAME: 1/OU6LA5 C- MALcQgiF OCCUPATION: CPS ADDRESS: DAYTIME PHONE: ` EVENING PHONE: 4.S-I -676- 3110 EM(~LOYERNAME: 5XAF64 NIA~2AE LPLFS 28784' S/LlGCE O4It aa,~ ~LZoo EMPLOYERADDRESS: .re'&"C-eXLAr CA 926go Educational Background/Degrees: 64 DEberE- 54N 01E-40 a'T/t7E C41IVE2IITy1 rq-73 6FoGR/fPfrj m/voe arsroay, P~~tA j)C6REV A.rtT(oNq.G GCA%lv~QllTyL 1483, '9Ce0a,vrlei6- I ~S CovnP(CrEV 4L4 C91AP-5E wst(c P R wnrrsT'6AS ae62e1 - 6sPbA.AF"L1 List any City or County Board, Committee or Commission on which you have served and the year(s) of servicel :r kIRVC- jR✓E2 SER,vC-V ON +up 6aV~: QaA,6pT-A(. .30f12 D, ScL f-''I D ON lh.'tl.Y CV#K &'Vy-rt' Sig'-F2g5 - ,Sve-CEi2/ 00/4E-060VEO-$ gSScJ,/ AU?'(SM £iOaaD/ AA-r5 9 oARD List any organizations to which you belong (professional, technical, community service): f)r+ERLCAAv IusrtruTE" cV cPA-'r C/+.-IP024./j4 INSTlrure' of CPA'r C(tif2RFa-°r GOmw~rcHtTy - OLC~ AIfGEiD~AS F'0u/JbFr'llOrv State wDy you wish to serve on this commission, and why you believe you are qualified for the position. Please fip npcific. You may attach a separate sheet of paper if necessary.) AI-.4 V F at-WAys L. (va(v NEAk of-D -rp wN Tr#% c,e'GA, &'It 01P-r e-A-b X c4,~L7L .J r'Ly L(UE /6/ LAVdF V)GI-A& WHLcq 1s ONC of `T6MEC1k&A.C Oc OE/Z- Di=UE~G %ex,-"rS "i-r ( A 6A6A7' ?)C-At- or= CHHECc T~~/L T4C- /LEc4Far c14*'066S TO Oloo rvrvu HAp '3EEv 6245/f7- Pv0--r4tC RTM©s/tLFai.~b LIKE -,19 aPAFr of rr+r reeruae, i under~ta.nd that any or all information on this form may be verified. 1 consent to the release of this infe! Lion !or public information purposes. Signahpre: Date: 4 10 9 jPleose relurn to: City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to: P. 0. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE of THE ADVERTISED DEADLINE RECEIVED MAY - 8 2009 City of Temecula .t!g 'EST. 43200 Business Park Drive Old Town Local Review Temecula, CA 92590 www.cityoftemecula.org Board Application (951) 694-6444 Temecula Resident? /if yes, number of years 10-4- Are you a Registered Voter? J69 NAME: OCCUPATION: II ADDRESS: DAYTIMEPHONE: EVENING PHONE: ~<YYnr EMPLOYER NAME: y Educational Background/Degrees: #Pat ///.4 ~ac~r~rv(r ~}i/ GFGocoGc _ ~iN~.SJ .8v/7~.~✓~f ~ / /I7iXU0 A~. List any City or County Board, Committee or Commission on which you have served and the year(s) of service: , JON8. List any organizations to which you belong (professional, technical, community service): Cgmnoev2 or ~.n~.Q~Nc o~ 7-'e c~Z-,4 6)L0 -7-0WAl ri~UCL g State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. You may attach a separate sheet of paper if necessary.) I understand that any or all information on this form may be verified: I consent to the release of this information for public information purposes. Signature: -i~~-~ r Date: 'D" ease return to: City. Clerk's Office,, 43200 Business Park Drive. f954) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA-92589-9033 - PLEASE BE AWARE OF THE ADVERTISED DEADLINE 28645 Old Town Front Street Temecula ♦ California +92590 Phone. 9511676-6160 ♦ Fax.• 951167616337 Owners. Craig& Christy Puma May 6, 2009 City of Temecula City Clerk's Office 43200 Business Park Drive Temecula, CA 92589 Re: Old Town Local Review Board Application To whom it may concern; I am interested in being appointed as a member of the Old Town Local Review Board. I have lived in Temecula for over 10 years and have developed a very strong love and respect for this City and what we have to offer. In early 2007 my wife and I bought The Bank of Mexican Food, the P oldest restaurant in Temecula located in the historic Bank building on the corners of Front and Main Streets. Over the last 2+ years I have developed a passion for Old Town and the many wonderful changes going on there. In November of 2008 I became part of a self appointed interim Board of Directors charged with merging our two squabbling associations here in Old Town. After 2 meetings a motion was made by this Board to appoint me as President due to the leadership qualities I showed while going through this merger process. I am currently involved with planning an election to appoint permanent Board members. I am certain I will be on this Board and am confident I will remain as President. I have been the Interim Board President for 7 months and have, together with the other Board members helped to make this new Association the strongest Old Town has seen over the years. I am excited to be part of this Old Town organization and hope to get more involved with the shaping of the future of Old Town by joining the other members of the Old Town Local Review Board. I believe my business interests in Old Town together with my involvement in the Old Town Temecula Association makes me an excellent representative of Old Town and its future planning. With your consideration ope to become part of the Old Town Local Review Board. Thank you.t Craig Puma The Bank - Mexican Restaurant and Bar DEPARTMENTAL REPORTS ITEM NO. 37 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, City Planner DATE: June 23, 2009 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of May, 2009. CURRENT PLANNING ACTIVITIES New Cases The Division received 52 new applications for administrative, other minor cases, and home occupations including 4 applications for public hearings during the month of May. 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 by the City Council on January 22, 2008. The CEQA challenge period for the Supplemental El R 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 Public Works Department and Planning Department met with the applicant and the applicant's architect on May 21, 2009 regarding the status of grading plans, street improvement plans, the project's Water Quality Management Plan, and fees. The applicant's architect indicated that building plans continue to be reviewed by the Office of Statewide Health Planning and Development and that approval of these plans is expected by the end of June, 2009. The applicant continues to actively work with staff regarding permits for rough grading, processing precise grading, street improvement plans, and a Water Quality Management Plan. (FISK) General Plan Housing Element Update -Staff submitted the final draft Housing Element to HCD on April 9, 2009, and HCD completed its review on June 9, 2009. Comments received on the final draft contained a handful of suggested corrections and sample language to add to the Housing Element. Staff will circulate a Negative Declaration for a 30-day public review and comment period and will schedule a Planning Commission hearing for August 5, 2009 and a City Council hearing on August 25, 2009. Upon adoption by the City Council, the Housing Element will be submitted a final time to HCD for a 90-day Certification review. ( PAP P) Nicolas Valley Rural Preservation Area - 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. A community meeting was held March 19, 2009 to explain in more detail all zoning options, financing, and a community survey to be mailed following the meeting. The surveywas mailed to property owners and residents on March 31, 2009 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 survey will also gauge support for the future CFD. Staff mailed surveys to 124 property owners and 22 residents. The owner response rate was 72%; the resident response rate was 4%; and the overall response rate was 62%. The survey clearly indicated that there is not support for a CFD for roadway improvements (57% of owners and 83% of registered voters within the CFD boundary would not support). The survey did not clearly reveal an overwhelming decision on preferred zoning for each of the districts. A Community Meeting was held on May 21, 2009 where 55 residents attended to inform the residents of the survey responses and discontinue this work effort. The residents requested the opportunity to conduct their own follow up survey within the next 30 days to determine if a majority could agree on a zoning preference for the area. The results of this resident sponsored survey are expected by the end of June. Staff will complete the roadway design traffic study and hydrology study which are currently being prepared. No additional technical studies/consultant work will be completed. Staff also finalized and posted on the website the revisions to the Dirt Road Policy to allow more leniency for additions and replacement of existing residences. (PETERS/KITZEROM Transportation Planning - The RTA Board approved the proposed route for the Temecula Trolley (previously referred to as the Harveston Trolley). The new service will begin in June 2009 to coincide with the new service changes to other RTA routes. The service will attract local residents and business to utilize public transit as a means to travel to school, retail and commercial centers, and connections to other RTA routes. Trolley service will be provided Monday through Friday in the morning and afternoon, connecting the Harveston community to Chaparral High School, the Promenade Mall, and the County Administrative offices just south of the Harveston community. A route will also operate between the Mall and Old Town Temecula during the lunch period, as well as on the weekends. (WEST) 1-15 Interregional Partnership - Staff is working with WRCOG, SCAG, RCTC, RTA, SANDAG, and the Cities of Temecula, Murrieta, and Lake Elsinore through the (1-15 IRP) 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 theirthird meeting on May 27, 2009. The working group is currently refining the place type descriptions and their locations within the project area, and defining the transportation characteristics of each place type in preparation for the 1-15 IRP Policy Committee meeting, which is scheduled for June 15, 2009. The 1-15 IRP Policy Committee will review the progress of the Smart Growth Map Working Group and provide policy direction. (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 City Council on March 24, 2009, at which time the City Council requested a continuance to address various concerns. Staff has completed revisions to the Ordinance which address the concerns expressed by the City Council and has scheduled a public hearing for June 23, 2009. (PAPP) Sustainability Program - Following the April 22, 2009 meeting with the City Sustainability Committee, staff has been focusing on preparing the Energy Efficiency and Conservation Block Grant (EECBG), which is part of the stimulus funding from the American Recoveryand Reinvestment Act of 2009. The grant application is due June 25, 2009. Following the submittal of the EECBG, staff will continue with the Sustainability Plan cost benefit analysis, kick-off the green house gas emissions analysis, and continue developing a partnership with The Energy Coalition. A partnership with the Energy Coalition would open up additional opportunities for energy efficiency retrofits at municipal facilities with greater incentives from Southern California Edison and Southern California Gas Company. (WESTIINNES) Small Wind Energy Conversion System Ordinance - Staff presented the draft Small Wind Energy Conversion System Ordinance to the Planning Commission on May 6, 2009. The Planning Commission expressed concerns with the proposed approval process, the maximum allowable heights, setback requirements adjacent to neighboring residential dwellings, and potential visual impacts along Interstate 15 and the prominent western escarpment ridgeline. Staff presented a revised draft Ordinance to the Planning Commissions on May 20, 2009, at which time the Commission added height and setback restrictions based on the lot size and proximity to the Interstate 15 freeway, and recommended that the City Council adopt the Small Wind Energy Conversion System Ordinance. This items is scheduled for public hearing at the June 23, 2009 City Council meeting. (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 a Sphere of Influence and Annexation application with LAFCO on December 17, 2008. The application was denied by LAFCO at their June 4, 2009 hearing. (LOWREYIRICHARDSON) 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; updating 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), minimizing requirements which trigger processing a sign program, and other minor clarifications within the Code. A public hearing is anticipated for Planning Commission on June 17, 2009 and Planning Commission recommendations will be brought forward to the City Council on July 14, 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 May 26, 2009 to review progress on the proposed street standards, land use map, and land use matrix for the Specific Plan Amendment. Staff intends to complete the first draft of the Specific Plan Amendment in August 2009, to present the draft update to the steering committee and the public in August 2009, and to bring the updated plan to the Old Town Local Review Board for review in September 2009, to the Planning Commission for review in October 2009, and to City Council for review in November 2009. (FISKIINNESILOWREY) Planning Agenda Report 5/1/2009 through 5/31/2009 1. Recently Approved APN # • PA09-0124 Temecula Recycling TPM 921030003 CHERYL KITZEROW/MATT PETERS A Tentative Parcel Map No. 36203 to subdivide 10.93 acres into two lots (3.4 acres and 7.1 acres) in the LI zone located along the west side of Diaz Road, addressed as 27635 Diaz Road (Temecula Recycling). (Related Case PR09-0003) Submitted Date Approved Date 3/31/2009 May 28 2009 1 of 4 Planning Agenda Report 5/1/2009 through 5/31/2009 2. Scheduled for Hearing APN # • PA08-0117 T-Mobile Cell Tower Redhawk 962040012 ERIC JONES A Conditional Use Permit and Antenna Facility Application for a cell tower developed as a 50' flag pole located 45100 Redhawk Parkway. A wall and gate will be incorporated with the project to conceal equipment. (Previous Application: PR07-0020) Submitted Date DRC Meeting Date No Hearing Planned 5/2212008 TBD APN # • PA08-0125 Temecula Village PDO-5 Amendl 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) Pending City Council hearing (date to be determined). Submitted Date DRC Meeting Date Planning Commision 6/4/2008 6/26/2008 Oct 15 2008 APN # • PA08-0233 RANCHO BAPTIST CHURCH 922130017 DANA SCHUMA WIRELESS A Conditional Use Permit to construct, operate and maintain a wireless facility consisting of six (6) panel antennas, four (4) BTS radio equipment cabinets and one microwave dish at Rancho Baptist Church, 29775 Santiago Road. The antennas are attached to a new 77'- 4" monopine and the equipment cabinets are located inside a new 7'9" wrought iron fence. Submitted Date DRC Meeting Date Planning Commision 1016/2008 11/13/2008 Jul 1 2009 APN # • PA09-0156 7-11 at Winchester PCN 910281003 CHERYL KITZEROW/MATT PETERS A Finding of Public Convenience or Necessity application for a Type 21 (off-sale beer and wine) ABC license for a proposed 7-11 convenience store occupying 3,016 square feet of retail located in an existing building at the northwest corner of Winchester and Ynez Roads, addressed as 41125 Winchester Road, Suite A3. (Census Tract 0432.10) Related Case: PA09-0157 Submitted Date DRC Meeting Date Planning Commision 4121/2009 Jun 17 2009 APN # • PA09-0157 7-11 @ Winchester CUP 910281003 CHERYL KITZEROW/MATT PETERS A Minor Conditional Use Permit application for a convenience store (7-11) with a Type 21 (off-sale beer and wine) ABC license occupying 3,016 square feet of retail located in an existing building at the northwest corner of Winchester and Ynez Roads, addressed as 41125 Winchester Road, Suite A3. Related Case: PA09-0156 Submitted Date DRC Meeting Date Planning Commision 4121/2009 Jun 17 2009 2 of 4 Planning Agenda Report 5/1/2009 through 5/31/2009 3. New Submittals Pending DRC Meeting APN # • PA08-0143 BA1LY'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 an approximately 2,000 square foot tent on restaurant property. Live entertainment is also part of this application. Baily's Restaurant is located at the northwest 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 APN # • PA09-0069 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 located near the south end of Old Town Front Street. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 2/20/2009 TBD APN # • PA09-0061 Jehovah Witness Hall DP/CUP 957120019 ERIC JONES 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 957-120-019) (Related Pre-App case: PR08-0052) Submitted Date Anticipated DRC Meeting Date No Hearing Planned 2/23/2009 TBD APN # • PA09-0137 Palomar Hotel Minor CUP 922024009 ERIC JONES A Minor Conditional Use Permit for the Temecula House of Wine and Martini Bar to be housed within the future expanded Palomar Hotel located at 28522 Old Town Front Street. The wine garden will be located in the first floor courtyard along Front Street and the Martini Bar will be located on the 4th floor of the hotel expansion (Related applications: PA08-0134 - Palomar Hotel Expansion & PA08-0138 - Public Convenience or Necessity) Submitted Date Anticipated DRC Meeting Date No Hearing Planned 4/6/2009 TBD APN # • PA09-0170 The Wine Collective CUP 922033009 DANA SCHUMA A Minor Conditional Use Permit to allow for a wine bar with wine tasting and retail (Type 42 ABC license) at 28544 Old Town Front Street Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/6/2009 5/28/2009 TBD APN # • PA09-0177 Killarney Summer Concert MTUP 960020059 ERIC JONES A Major Temporary Use Permit for a Celtic Summer Concert to be held at Killarney's Irish Pub located at 32475 Temecula Parkway Suite G-101 3 of 4 Planning Agenda Report 5/1/2009 through 5/31/2009 Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/12/2009 TBD APN # • PA09-0182 International Jazz Festival 922036011 CHRISTINE DAMKO A Major Temporary Use Permit for the International Jazz Festival on Friday, July 10 from 5:00 p.m. to 10:00 p.m., Saturday, July 11 from 3:00 p.m. to 10:00 p. m., and July 12 from 2:00 p.m. to 10:00 p.m. Street closure on west side of Main Street on July 11. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/14/2009 TBD APN # • PA09-0184 Wine on a Dime PCN 921060009 DANA SCHUMA A Finding of Public Convenience or Necessity application for a Type-42 license (on-sale beer and wine) and a Type- 20 (off-site sale) for Wine on a Dime located at 28061 Jefferson Avenue (Related Case PA09-0185) Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/20/2009 TBD APN # • PA09-0185 Wine on a Dime MCUP 921060009 DANA SCHUMA A Minor Conditional Use Permit to allow for off-site retail wine sales and wine tasting (Type-20 and 42 licenses) at 28061 Jefferson Ave (Related Case PA09-0184) Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/20/2009 TBD APN # • PA09-0193 Ridge Park Plaza 940310015 DANA SCHUMA A Development Plan application for a proposed 83,316 square foot office building and a 140,160 square foot parking structure to be located on the southwest side of Ridge Park Drive. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 6/3/2009 6/25/2009 TBD 4 of4 r f i f i i Ir i i i i Ate, ~~potiPSR~ i I i PA09-0061 a i LU L r i / 11 "?1((~Vm""-U4~_ 'VG~ r5 r`-` 7 _ f 1 1 i y) _ 1 i rIl ~ _ It r :jI o - *f (~I~ ~ Lf~5~Fx1+ i JI[Mill, 109-0157 O ~ 1. Y Rp ~~s \ 1 C 0. _ SOLAfvA fir y once ` - ` 44 N, 1 1 ~ F' PA09-0124 ?C~^ 1 4 r'~'~i Npxp pALll p _ O , RNr,q RO _ - t g~ PA08-0125 PA0911-0184 a ~ \ PA09-0185 o RQ GN ~ ' - t t,.A~fGF10 VISTA % 0 s,NF R O ~Qp Qj~ OQ a 3 r _ 1 v ay, PA09-0137 PA09-0193 %PA09-0 71 ' PA09-018 111 P..".08-0143 ~iacnRo ~Sy' `DUI f PA09-0059 ~~00 lq~1~,. TIID~' r (PA08-0233 .f O~p~nt•~UP 1 O,EpORCO~PrP ~~4 _ PA09-0177 l , r Legend `r< Planning Status - May 2009 0 1. Recently Approved 0 2. Scheduled for Hearing 08-0117 f1 , ® 3. New Submittals Pending DRC Meeting ell ;py TE13p - _ .t i l~ . rJ ly~v 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: June 23, 2009 SUBJECT: City Council Travel/Conference Report - May 2009 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On May 7, 2009 Council Member Ron Roberts traveled to La Quinta, California to attend the Southern California Association of Governments Executive/Administration Committee, Regional Council, General Assembly and Joint Community, Economic & Human Development Committee, Energy & Environment Committee & Transportation Committee meetings. On May 7, 2009 Mayor Pro Tern Jeff Comerchero traveled to Savannah, Georgia to attend the National League of Cities Community & Economic Development Steering Committee meeting. On May 27, 2009 Council Member Ron Roberts traveled to Riviera Beach, Florida to attend the National League of Cities Transportation Infrastructure and Services Steering Committee meeting. Attachments: Meeting Agendas SOUTHERN CALIFORNIA MEETING OF THE ASSOCIATION of GOVERNMENTS main Office 818 West Seventh Street 12th noon Los Angeles, California 40617.3435 t(213)216-1900 f (213) 236-1825 Ww .sog.ra.gov Officers P esIdent Richard Dixon, Lake Forest First Vice President Jon EcIfty, El Centro Secondl5o: Presidem Vocons Immediate Part President Gary Ovrti, San Bernardino Caumy Policy Cemmittee Chairs Exectnive/Administratlon Richard Own, Lake Forest Communft Economicand Human DevelaPrnent LarryMcCallon, Highland Energy and Environment Nekh Hanks, Awsa Transportation I*W7en, 5osuh Pasadena PLEASE NOTE TIME CHANGE Thursday, May 7, 2009 10:00 a.m. - 11:00 a.m. La Quinta Resort & Club 49-499 Eisenhower Drive La Quinta, CA 92253 (760) 564-4111 MAP IS ATTACHED If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Deby Salcido at (213) 236-1993 or via email salcido scag.ca.gov Agendas & Minutes for the Executive/Administration Committee are also available at: www.scag.ca.ciov/commiftees/eac.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours. in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. the PagW W CmincA b cwnpraai of t3 dened Mfidak repre~6g 189 titles, s&muvdsfvce (nentyTramponaem Cwmkiw~x InpxiayalkyBnaaMn dGwnmensaMardha'farenmaarepmaaaarcwiein5onkmGtroMa •m,c EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA MAY 79 2009 TIME PG# The Executive/Administration Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Richard Dixon, Chair) 2.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Executive/ Administration Committee, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes. The chair may limit the total time for all comments to twenty minutes. 3.0 REVIEW and PRIORITIZE AGENDA ITEMS 4.0 CONSENT CALENDAR 4.1 Approval Items 4.1.1 Minutes of Amil 2, 2009 Meeting Attachment 1 4.1.2 Resolution #09-508-1 Authorizing CAG Attachment 6 to_Accgpt $250,000 in Caltrans State Planning and Research (SP&R) Grant Funds 4.2 Receive & File 4.2.1 Contracts/Purchase Orders between Attachment 9 $5.000 - $200,000 5.0 REPORTS/ACTION ITEMS 5.1 General Fund FY09 Budget Amendment Attachment 16 (Wayne Moore, CFO) Recommended Action: Approve i EAC - MAY 2009 Doc#151152 Salcido-4rI2009-0:13:11 PM SOUTHERN CALIFORNIA ASSOCIATION OtGOVERNMENTS EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA MAY 79 2009 REPORTS/ACTION ITEMS - Cont'd T/ME PG# 5.2 Final FY 2009-2010 Comprehensive Budget Attachment 10 min 17 (Wayne Moore, CFO) Recommended Action: Approve Final FY 2009- 2010 Comprehensive Budget and corresponding Resolution No. 09-508-2. 6.0 CAP SUBCOMMITTEE REPORT (Hon. Paula Lantz, Clair) 6.1 Contracts Greater Than $200.000 Attachment 5 min 21 Recommended Action: Approve 7.0 CLOSED SESSION Public Employee Performance Evaluation Government Code &54949 Title: Executive Director 8.0 FUTURE AGENDA ITEMS An Committee member or staff desiring to place items on a future agenda may make such request. 9.0 ANNOUNCEMENTS 10.0 ADJOURNMENT The next meeting of the Executive/Administration Committee will be held in conjunction with the Annual Retreat on June 4-5, 2009 at the Lake Arrowhead Resort and Spa, 27984 Highway 189, Lake Arrowhead, CA 92352. tt EAC - MAY 2009 Dod 151152 Salcido4/21/20094:13: t I PM SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS SOUTHERN CALIFORNIA ASSOCIATION 4F GOVERNMENTS Main Office rtia West Seventh Street NO. 508 MEETING OF THE 12th Floor PLEASE NOTE TIME CHANGE 3435~Fnla Thursday, May 7, 2009 11:00 a.m. - 12:00 noon t(2131 236180g r(213) 2361625 La Quinta Resort & Club WMv.scag.mgW- 49-499 Eisenhower Drive 0fricars La Quinta, CA 92253 _ President (760) 564-4111 RIChald Dixon, take Fotea Fha vice President Jon Edney, El Centro MAP IS ATTACHED SecorrciYee President vaturpt Immediate Past President Caryovtt, San Feernardhro County Polity Committee Chairs Earecutiv0Admin1aradmn Richard Dimn, Lake Forest Community. Economic and Human raev Iomenr tarryMcCallon, Highland Energy and Envitaturnm Keith Hanle, Musa Trampmaation MftTen,South Pasadena I i If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Shelia Stewart at (213) 236-1868 or stewart@scag.ca.oov Agendas & Minutes for the Regional Council are also available at: www.scag.ca.gov/commiftees/re.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. The Wed Comolit tomptaldnakoalW&bmpntig189tNKmtwnflKrareContylieWe efteCORMEi n. ImpenalVillrylamdatlonofGmvmannaMairi6alGaremmm[tepresemaUcewliAloiawhemORada. .m. REGIONAL COUNCIL AGENDA MAY 7, 2009 The Regional Council may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Richard Dixon, President) 2.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes. The President may limit the total time for all comments to twenty minutes. 3.0 REVIEW AND PRIORTIZE AGENDA ITEMS 4.0 CONSENT CALENDAR 4.1 Approval Items PG# 4.1.1 Minutes of April 2, 2009 Meetine Attachment 1 4.1.2 Resolution #09-508-1 Authorizing SCAG to Attachment 10 Accent $250,000 in Caltrans State Planning & Research Grants 4.2 Receive & File 4.2.1 Contracts/Purchase Orders between Attachment 13 $5,000 - $200,000 5.0 PRESIDENT'S REPORT 5.1 Committee Appointments 6.0 COMMITTEE REPORTS/ACTION ITEMS 6.1 Leeislative/Communication and Membership Committee Report (Hon. Glen Becerra, Chair) RC-May 2009 - Doc#149076 Stewart 5/7/09 SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS i REGIONAL COUNCIL AGENDA MAY 7, 2009 COMMITTEE REPORTS/ACTION ITEMS - Cont'd 6.2 Executive/Administration Committee (EAC) Report (Hon. Richard Dixon, Chair) PG# 6.2.1 Final Adoption of FY 2009-2010 Attachment 20 Comprehensive Budget Recommended Action: Approve the FY 2009-2010 Comprehensive Budget and corresponding Resolution #09-508-2. 6.2.2 FY 2008-2009 General Fund Budget Attachment 24 Amendment Recommended Action: Approve 6.2.3 Contracts over $200.000 Attachment 25 Recommended Action: Approve 7.0 EXECUTIVE DIRECTOR'S REPORT (Hasan Ikhrata, Executive Director) 8.0 INFORMATION ITEMS 8.1 CFO Monthly Financial Report Attachment 28 (Wayne Moore, CFO) 9.0 ADJOURNMENT The next meeting of the Regional Council will be scheduled in conjunction with the Annual Retreat on June 4-5, 2009, at the Lake Arrowhead Resort and Spa, 27984 Hwy 189, Lake Arrowhead, California 92352. RC-May 2009 Doc#149076 Stewart 5/7/09 SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS ii SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS MEETING OF THE Main Office 818 West Seventh Street 12th Floor Thursday, May 7, 2009 Los Angeles, California 90017-3435 2:00 p.m. - 4:00 p.m. t(213)236-1800 f(213)236-1825 La Quinta Resort & Club 49-499 Eisenhower Drive vnvw.scag.ca.gov La Quinta, CA 92253 OMCem (760) 564-4111 President Richard Damn, Lake Forest FirstVice President Map Attached Harry BakWn, San Gabriel Second Vice President Jon Edney 0Genho Immediate Past n t If members of the public wish to review the attachments oC Gary Ov;ttSan BernanlirdlnoC aunty or have any questions on any of the agenda items, Wky raanmittee Chair: please contact Shelia Stewart at (213) 236-1868 or ExecvtivMAdnlinimalion stewart&scag.ca.gov Richard Mon, Lake Forest Community, Economic and Human Development SCAG, in accordance with the Americans with Disabilities Act (ADA), will Larry McCarron, Highland accommodate persons who require a modification of accommodation in Energya Environment order to participate in this meeting. If you require such assistance, please Keith Hanks,Azusa . contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request Transportation documents related to this document in an altemative format, please MikeTen, South Pasadena contact (213) 236-1868. 1reRgtadfwmlkompr~ddefdetladdG®k nPn~9lmans:~af~acnwgrrnr~mrionco~tsdaa ial.+alt9krM.aaMlmdCaaareiu~oaMaTfiJCwrmnmt,e+AhbSudrtmraRarda anm RECEIVED APR 0 o 2or Ci7yAIANAG , OFFICE S GENERAL ASSEMBLY AGENDA MAY 7, 2009 PG# 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Richard Dixon, President) 2.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the General Assembly, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes. The President may limit the total time for all comments to twenty minutes. 3.0 ACTION ITEMS 3.1 Minutes of May 8, 2008 Meeting Attachment 1 Recommended Action: Approve 3.2 2009-2010 General Fund Budget and Membership Attachment 5 Assessment Schedule Recommended Action: Approve 3.3 Resolution Submitted for Consideration by Attachment 16 the General Assembly Recommended Action: Take no position regarding the proposed NFL Stadium project. 3.4 Consideration of Proposed Bylaws Amendments Attachment 20 Recommended Action: Approve recommended changes to the SCAG Bylaws as submitted by the Regional Council. 3.5 2009 Strategic Plan Attachment 47 Recommended Action: Approve 3.6 Local Profiles of SCAG Member Jurisdictions Attachment 64 Recommended Action: Receive & file 3.7 2009 SCAG Officers Recommended Action: Approve i SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS GENERAL ASSEMBLY AGENDA MAY 7, 2009 4.0 INFORMATION ITEMS PG# 4.1 Amendments to the 2008 RTIP to accommodate Attachment 93 Federal Stimulus Funds (ARRA) Staff will highlight the ongoing cooperative and collaborative work between SCAG, CTCs, IVAG and other stakeholders to amend the 2008 Regional Transportation Improvement Program (RTIP) to expeditiously obligate the ARRA funds. 5.0 ADJOURNMENT ii Stewart Does # 150752 SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Wain ONIce 8141 West Seventh Street 12th Floor PLEASE NOTE DATE & TIME CHANGE Los Angeles, California Friday, May 8, 2009 W 77-3435 10:00 a.m. - 12:00 noon t 12 1 33 2 36-1110 0 ({2131236-1825 La Quinta Resort & Club " 49-499 Eisenhower Drive La Quinta, California 92253 President (760) 564-4111 Wharf Ormi, [A* Forest ion EdnM Edney. ElCeEfComm nt MAP IS ATTACHED Sec Md Vice re ulerd WMIX lffw*dfate Pass Pesdent QryOr2t, San Bernarano County if members of the public wish to review the attachments or PellcyChmnltt"Chars have any questions on any of the agenda items, please EaecushrjhlrnvHrtretbn contact Deborah Craney at (213) 236-1891 or via email &Chad O-paolt Lan Fwrst CraneyAscaq. Ca.goy COMMnAy. Etcnmdtand Fwa>vxa DeWL)lanacns Larry Mctattm Kghtand Agenda for the Joint Meeting will also be available at: Eoeragrand Ondtormem Keth f'rio n, Anasa www.scag.ca.gov/commiftees lrk Spun Pass AikeTery Saueh Pasa dena . SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. The RWW Cmid hMVmed CM eleneiafidah nTmw,unq locKe,wm k%fk CoumyTRWMlpn Camml,i . ImperialWFeyASwdMdGan3 %ad AnU Gmemnept repmswnb .Ww Sadm C&,m,, apnoa JOINT MEETING OF THE COMMUNITY, ECONOMIC & HUMAN DEVELOPMENT COMMITTEE ENERGY & ENVIRONMENT TRANSPORTATION COMMITTEES AGENDA MAY 8, 2009 The Committees may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. 1.0 CALL TO ORDER Hon. Larry McCallon, Chair, CEHD Hon. Keith Hanks, Chair, EEC' Hon. Mike Ten, Chair, TC 2.0 PLEDGE OF ALLEGIANCE. TIME PG# 3.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Committees, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes, and the total time for all comments may be limited to twenty minutes. 4.0 REVIEW and PRIORITIZE AGENDA ITEMS 5.0 INFORMATION ITEMS 5.1 SB 375 Conceptual Land Use Scenario Attachment and Preliminary Subregional Greenhouse Gas (GHQ) Reduction Targets Methodologies (Hasan Ikhrata, Executive Director) To initiate the regional dialogue to address SB 375, staff will present a conceptual land use scenario and preliminary methodologies for developing subregional Greenhouse Gas (GHG) reduction targets. 6.0 ADJOURNMENT The next meeting of the Community, Economic & Human Development Committee, Energy and Environment Committee, and the Transportation Committee will be scheduled in conjunction with the Annual Retreat on June 4-5, 2009, at the Lake Arrowhead Resort and Spa, 27984 Highway 189, Lake Arrowhead, California 92352. Workshop - May 2009 Doc #151134 Craney-03/09/09 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS NATIONAL LEAGUE OF CITIES COMMUNITY AND ECONOMIC DEVELOPMENT STEERING COMMITTEE 2009 Meeting May 7-9, 2009 Inn at Ellis Square Savannah, Georgia Presiding The Honorable Bruce Hill Councilmember Grand Junction, Colorado Staff James Brooks Center for Policy and Research Phone 202-626-3163 Email: brooks@nlc.org Agenda NLC Community Economic Development Committee Thursday, May 7 - Saturday, May 9, 2009 The Inn at Ellis Square Savannah, Georgia Thursday, May 7 5:00 P.M. City Hall Reception 7:00 p.m. Dinner, Inn at Ellis Square, History of Savannah by Scott Smith, Exec. Dir., Coastal Heritage Society 9:00 P.M. Savannah city ghost tour (departs from hotel) Friday, May 8 8:00 a.m. Breakfast (Provided by the hotel) 8:45 a.m. Committee convenes, Chair's Welcome (Magnolia A) 8:55 a.m. Agenda overview and general announcements Jim Brooks, Committee Staff Director, NLC 9:00 a.m. Legislative update Mike Wallace, Sr. Legislative Counsel, NLC 9:45 a.m. TOPIC One: Economic Recovery Under the provisions of the American Recovery and Reinvestment Act (ARRA), cities have opportunities to access various funding resources. Beginning with Savannah as a case example, this presentation and discussion will explore available federal support, obstacles encountered, concerns, and local implementation. A related question will focus on the purely local economic recovery efforts undertaken without federal finances. Speakers: Rochelle Toney, Asst. City Mgr., Public Development, Savannah Bob Scanlon, Water Resources Director, Savannah Marc Nelson, Stimulus Coordinator, Savannah 11:30 am. Depart for lunch, Mrs. Wilkes Boarding House (shuttles provided) 1:15 p.m. TOPIC Two: Investments in Research & Development Adaptation and innovation are the greatest strengths of the U.S. economy. Government, private industry, and universities contribute to the wealth of basic and applied research that undergirds the competitiveness of the American economy. This presentation will focus on the R & D landscape in the Savannah region and lead to a discussion about partners from the public sector (state government), the private sector (industry), and the academic sector (universities), the coordination among partners, the changing federal role, and the opportunities for local roles. Speakers: Mike Brown, Energy & :Sustainability Services, Enterprise Innovation Institute, Georgia Institute of Technology Orjan Isacson, Coastal Region Manager, Georgia Tech Enterprise Innovation Institute & ATDC Ross Harding, Senior Advisor, Herty Advanced Materials Development Center (tent) 3:00 p.m. 3:15 pm. Speaker: 4:30 p.m. 5:00 P.M. 6:00 p.m. Saturdav. Mav 9 8:15 a.m. Break Special Session: Historic Savannah Foundation (HSF) Daniel Carey, President and CEO, HSF Adjourn Reception, Board Room, Georgia Power Building, River Street Dinner, Board Room, Georgia Power Building, River Street Breakfast (Provided by the hotel) 2 9:00 a.m. TOPIC Three: Regional Economic Development The smallest building block in the ultra-competitive global economy is the metropolitan-centered local economic region. Evidence suggests that where the region thrives, individual communities also thrive. This session will focus on barriers and opportunities to building and maintaining effective regional economic development entities. It will explore if the present economic crisis is enhancing regional cooperation and ways that individual cities can be more effective partners in thinking and acting as a single economic region. Speaker: Lynn Pitts, Sr. Vice President, Savannah Economic Development Authority 10:45 a.m. Committee discussion on federal policy and local practice 11:45 a.m. Adjourn 11:45 a.m. Box Lunch 12:30 p.m. Board buses for mobile tour of Sustainable Fellwood and Savannah River Landing, Guide: Marc Nelson, Public Development Bureau 3:00 p.m. 3:15 p.m. Return to hotel Ice Cream Social, Peaches & Cream, River Street 3 TRANSPORTATION INFRASTRUCTURE AND SERVICES STEERING COMMITTEE MEETING RIVIERA BEACH, FLORIDA SPRING 2009 Meeting May 27-30, 2009 Hilton Garden Inn Palm Beach Gardens 3503 Kyota Gardens Drive Palm Beach Gardens, Florida 33410 P (561) 694-5833 Presiding The Honorable Oscar Trevino Mayor North Richland Hills, Texas Staff Julia Pulidindi Senior Policy Analyst (202) 626-3176 pulidindi@nlc.org Leslie Wollack Principal Legislative Counsel (202) 626-3029 wollack@nlc.org Transportation Infrastructure and Services (TIS) Spring Steering Committee Meeting Riviera Beach, FMorida Wednesday - Saturday, May 27-30, 2009 Draft Agenda Wednesday, May 27, 2009 2:00 PM - 3:00 PM Solvency of the Highway Trust Fund Jack Basso, Director of Program Finance and Management (Invited) American Association of Highway Transportation Officials 3:00 PM - 3:15 PM Break 3:15 PM - 4:30 PM American Recovery and Reinvestment Act: Success and Challenges in Florida Stacy Miller-Novello, P.E., District Program Management Engineer (Confirmed) Florida Department of Transportation District 4 George T. Webb, P.E., Engineer (Confirmed) Palm Beach County Randy Whitfield, P.E., Executive Director (Confirmed) Palm Beach Metropolitan Planning Organization 6:00 PM Reception Hosted by the City of Riviera Beach Meet in Hotel Lobby at 5:45 PM Thursday, Mav 28, 2009 8:00 AM - 8:30 AM Breakfast 8:30 AM - 8:45 AM Welcome and Meeting Overview Oscar Trevino, Chair Mayor, North Richland Hills, Texas 8:45 AM 9:30 AM Legislative Update Leslie Wollack, Principal Legislative Counsel National League of Cities 1 Thursday, May 28, 2009 (Continued) 9:30 AM - 10:15 AM Changes to Transportation and Land Use Policies Kim Delaney, Growth Management Coordinator (Confirmed) Treasure Coast Regional Planning Council 10:15 AM -10:30 AM Break 10:15 AM - 11:00 AM Moderated Discussion on Changes to Transportation and Land Use Policies Steve Elkins, Vice-Chair Councilmember, Bloomington, MN 11:00 AM - 12:30 PM Prioritizing versus Rail Separation Michael Williamson (Invited) Cambridge Systematics, Inc. 12:30 PM - 1:45 PM Lunch 2:00 PM - 3:00 PM FAA Reauthorization Brad Van Dam, Vice President, Federal Affairs (Invited) American Association of Airport Executives 3:00 PM - 3:15 PM Break 3:15 PM - 4:30 PM Fall Lobby Day Discussion on key lobbying priorities for the fall steering committee meeting. 4:30 PM Adjourn for the Day 6:00 PM Event Hosted by the City of Riviera Beach, FL Meet in Hotel Lobby at 5:45 PM Friday, May 29, 2009 8:00 AM - 8:30 AM Breakfast 8:30 AM - 9:15 AM Innovative Funding in Transportation: From Local to National Michael Morris, P.E., Director of Transportation (Confirmed) North Central Texas Council of Governments 9:15 AM -10:00 AM Eliminating Stove Pipes in the New Transportation Bill Michael Morris, P.E., Director of Transportation (Confirmed) North Central Texas Council of Governments 10:00 AM -10:15 AM Break 2 Friday, May 29, 2009 (Continued) 10:15 AM - 11:30 AM Joint DOT and HUD Livable Communities Initiative Bart Ellefritz, Associate Director for Intergovernmental Affairs (Confirmed) U.S. Department of Transportation 11:45 AM - 4:00 PM Break for Off--Site Lunch and Tour of Riviera Beach, FL 4:00 PM Return to Hotel 6:00 PM Event Hosted by the City of Riviera Beach, FL Meet in Hotel Lobby at 5:45 PM Saturday, May 30, 2009 8:30 AM - 9:00 AM Breakfast 9:00 AM - 9:30 AM NLC Board Update Bill Brooks, Board Representative Mayor, Belle Isle, Florida Advisory Council Update Susan Burgess, Advisory Council Representative Council Member, Charlotte, North Carolina 9:30 AM - 10:00 AM Follow-up Discussion to Rail Policy Changes, if needed 10:00 AM -10:30 AM Additional Policy Discussion 10:30 AM -11:00 AM Other Business 11:00 AM Adjourn 3 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: June 23, 2009 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of May, 2009. MEMORANDUM TO: Greg Butler, Director of Public Works FROM: Rodney Tidwell, Maintenance Supervisor DATE: June 5, 2009 SUBJECT: Monthly Activity Report - May, 2009 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of May, 2009: I. SIGNS A. Total signs replaced B. Total signs installed C. Total signs repaired II. TREES A. Total trees trimmed for sight distance and street sweeping concerns III. ASPHALT REPAIRS A. Total square feet of A. C. repairs B. Total Tons IV. CATCH BASINS A. Total catch basins cleaned V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement VL GRAFFITI REMOVAL A. Total locations B. Total S.F. VII. STENCILING A. 405 New and repainted legends B. 901 L.F. of new and repainted red curb and striping 34 16 109 5 6,686 74.8 140 0 74 8.028 R:WAINTAJ"OAC RP Also, City Maintenance staff responded to 45 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 44 service order requests for the month of April, 2009. The Maintenance Crew has also put in 63 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of May, 2009 was $223,205.78 compared to $24,330.90 for the month of April, 2009. Account No. 5401 Account No. 5402 Account No. 5403 Account No. 999-5402 Electronic Copies: Amer Attar - Dan York - Jerry Gonzalez - $ -0- $ 185,705.78 $ 37,500.00 $ -0- Principal Engineer (CIP) City Engineer Associate Engineer (Traffic) R'.WAINTAINNOACTR RI' STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of May, 2009 DATE : DESCRIPTION I:: TOTAL COST ACCOUNT STREET/CHANNELBRH)GE OF WORK SIZE CONTRACTOR: WEST COAST ARBORISTS Date: 05/15/09 # 5402 CITYWIDE TREE TRIMMING TOTAL COST $ 25,154.00 CONTRACTOR: MONTELEONE EXCAVATING Date: 05.26.09 LONG CANYON DESILTING REMOVAL OF APPROXIMATELY 3,000 CUBIC YARDS OF SAND/SILT # 5403 TOTAL COST $37,5 00.00 CONTRACTOR: PACIFIC STRIPING Date: 05.04.09 CITYWIDE RE-STRIPING ALL TRAFFIC LANES # 5302 TOTAL COST $131,682.78 CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT Date: 05.15.09 CITYWIDE WEED SPRAYING, R.O.W. # 5402 TOTAL COST $ 19,200.00 Date: 05.14.09 # 5402 CITYWIDE MISCELLANEOUS TRASH AND DEBRIS CLEAN- UP TOTAL COST $ 2,894.00 CONTRACTOR: BECKER ENGINEERING Date: 05.01.09 # 5402 CITYWIDE A.C. SAW CUTTING FOR PUBLIC WORKS PATCH CREW TOTAL COST $ 6,775.00 Date: TOTAL COST TOTAL COST ACCOUNT #5401 -o- TOTAL COST ACCOUNT #5402 $185,705.78 TOTAL COST ACCOUNT #5403 $ 37,500.00 TOTAL COST ACCOUNT #99-5402 - 0 - RAMAINTAIMMOACI'RRI' 3 a_ N j ~ m ~ N ~ m O ~ O d m E:om N ❑ m a Y o m W w U S J Ix Q Il zm O N ? 0 h Q M W Z } Go HN IL 2 W p K O LL Q A N N U. F.,. U) O J=i H M N W m m d O O O O O O N Y! m m N O Cl fO C m O O N N m m t9 O O O O IN m C O m m fH M O C O O m' O m M N' ~ 1AW m M A A d m m 0 N' N IA~ m m {G O N N W {p m m i9 N M y O M ~ M A (~j y W - O Q W : m O O O N O O A O Id0 m m d A ° O b m m M O , -.H. ' M M O N W m m O d O m m O O N M N Ol d m m m V I~ d m . N J: ' " A M M O M m O m m m Oi ' w m . 06 U . 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'o E a« R E ' O 4l R U Q R U R O R U y U .c 3 R R Q R y R 5 O fY U R N J Q W M.T J F- c M Q U H 0_ J W N N Q J Q O 0' c m I- L J L U C a c t F Z o. c 1- O 'c W R R I- F O R W N c c~ R 3 N Z O ~ f w0 O . a 0 a` F R O 0 l4 CO F w ~2 O F F F- F O 0: F mmR d Rw d E2 U U) (n U F- DL z Q y O O F CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF MAY, 2009 DATE LOCATION SCOPE OF WORK S.F. TOTAL TONS 05/04/09 MARGARITA AT STONEWOOD R & R 390 10.3 05/04/09 CITYWIDE POTHOLES 23 05/05/09 MARGARITA AT STONEWOOD R & R 666 17 05/06/09 PIO PICO ROAD AC O/L 1,292 2.5 05/07/09 MARGARITA AT GREENSTONE R & R 70 2.5 05/08/09 NICOLAS ROAD POTHOLE 2 05/11/09 PIO PICO ROAD AC 0/L 1,076 3.5 05/12/09 S/B MARGARITA AT AVENIDA BARCA R & R 440 12 05/12/09 RAINBOW CANYON AC O/L 30 05/13/09 S/B MARGARITA AT AVENIDA BARCA R & R 440 12 05/13/09 W/B RANCHO CALIFORNIA ROAD AT YNEZ POTHOLES 3 05/13/09 S/B MARGARITA 300 FT. N/0 HONORS POTHOLE 8 05/14/09 MARGARITA AT YUKON AC O/L 30 05/14/09 W/B RANCHO CALIFORNIA ROAD AT YNEZ POTHOLES 20 05/14/09 PIO PICO AT MARGARITA AC O/L 544 3.5 05/18/09 NICOLAS ROAD POTHOLES 15 05/20/09 RANCHO CALIFORNIA ROAD AT PORTOFINO POTHOLES 2 05/20/09 RANCHO CALIFORNIA ROAD AT VIA LAS COLINAS POTHOLES 4 05/20/09 RANCHO CALIFORNIA ROAD AT MOBIL POTHOLES 6 05/21/09 BUSINESS PARK DRIVE R & R 100 4 05/26/09 3RD STREET AC O/L 783 05/26/09 41850 MORENO AC O/L 132 3 05/28/09 PIC PICO AC 0/L 575 05/28/09 CITYWIDE POTHOLES 35 3 TOTAL S.F. OF REPAIRS 6,686 TOTAL TONS 74.8 R AMAI NTAINI W KCMPUrMASPPIALT.R PR CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF MAY, 2009 DATE LOCATION WORK COMPLETED 05/05/09 CITYWIDE HOT SPOTS CLEANED & CHECKED 11 CATCH BASINS 05/06/09 31321 HURON CLEANED & CHECKED 1 CATCH BASINS 05/11/09 CITYWIDE HOT SPOTS CLEANED & CHECKED 11 CATCH BASINS 05/13/09 AREA #1 CLEANED & CHECKED 26 CATCH BASINS 05/14/09 AREA #5 CLEANED & CHECKED 29 CATCH BASINS 05/14/09 APIS AT TEMECULA PARKWAY CLEANED & CHECKED 1 CATCH BASINS 05/15/09 CATCH BASINS AREAS #1 & #2 CLEANED & CHECKED 10 CATCH BASINS 05/18/09 CITYWIDE HOT SPOTS CLEANED & CHECKED 30 CATCH BASINS 05/26/09 CATCH BASINS HOT SPOTS CLEANED & CHECKED 15 CATCH BASINS 05/29/09 VIA PUESTA DEL SOL CLEANED & CHECKED 5 CATCH BASINS 05/29/09 43241 MODENA CLEANED & CHECKED 1 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 140 RAMAINTAIN\W KCMPLE I MCATCHBAS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF MAY, 2009 DATE LOCATION WORK COMPLETED 05/01/09 WINCHESTER AT MARGARITA REMOVED 2 S.F. OF GRAFFITI 05/01/09 MARGARITA AT SOLANA REMOVED 3 S.F. OF GRAFFITI 05/04/09 LA PAZ AT YNEZ REMOVED 1 S.F. OF GRAFFITI 05/04/09 AVENIDA DE MISSIONS REMOVED 30 S.F. OF GRAFFITI 05/04/09 LONG VALLEY AT HUMBER REMOVED 102 S.F. OF GRAFFITI 05/04/09 MARGARITA AT STONEWOOD REMOVED 10 S.F. OF GRAFFITI 05/04/09 MARGARITA PARK REMOVED 27 S.F. OF GRAFFITI 05/04/09 TOWER PLAZA REMOVED 33 S.F. OF GRAFFITI 05/04/09 MARGARITA BRIDGE REMOVED 107 S.F. OF GRAFFITI 05/04/09 BEHIND CHAPARRAL HIGH SCHOOL REMOVED 20 S.F. OF GRAFFITI 05/04/09 WINCHESTER AT RUSTIC GLEN REMOVED 149 S.F. OF GRAFFITI 05/04/09 NO. GENERAL KEARNY AT NICOLAS BRIDGE REMOVED 192 S.F. OF GRAFFITI 05/04/09 MARGARITA AT GEORGETOWN REMOVED 3 S.F. OF GRAFFITI 05/04/09 MARGARITA AT NO. GENERAL KEARNY REMOVED 2 S.F. OF GRAFFITI 05/04/09 MARGARITA AT OVERLAND REMOVED 4 S.F. OF GRAFFITI 05/04/09 MARGARITA AT NICOLE LANE REMOVED 2 S.F. OF GRAFFITI 05/04/09 15 FWY AT TEMECULA PARKWAY REMOVED 41 S.F. OF GRAFFITI 05/05/09 HUMBER AT RANCHO CALIFORNIA ROAD REMOVED 6 S.F. OF GRAFFITI 05/05/09 TEMECULA PARKWAY AT LA PAZ REMOVED 1 S.F. OF GRAFFITI 05/05/09 PECHANGA PARKWAY AT TEMECULA PARKWAY REMOVED 388 S.F. OF GRAFFITI 05/07/09 MARGARITA ROAD AT VERDES LANE REMOVED 2 S.F. OF GRAFFITI 05/07109 MARGARITA ROAD AT NO. GENERAL KEARNY REMOVED 1 S.F. OF GRAFFITI 05/07/09 MARGARITA ROAD AT GEORGETOWN REMOVED 4 S.F. OF GRAFFITI 05/07/09 RIVERTON AT ENFIELD REMOVED 2 S.F. OF GRAFFITI 05/07/09 WINCHESTER AT SPRINGTIME REMOVED 1 S.F. OF GRAFFITI 05/07/09 29275 SANTIAGO REMOVED 48 S.F. OF GRAFFITI 05/07/09 PARDUCCI AT MEADOWS PARKWAY REMOVED 2 S.F. OF GRAFFITI R:\MAINTAIN\ W KCMPLTD\GRAFFI'I'A DATE LOCATION WORK COMPLETED 05/1/09 MARGARITA AT PASEO BRILLANTE REMOVED 1 S.F. OF GRAFFITI 05/11/09 MARGARITA AT MORAGA REMOVED 2 S.F. OF GRAFFITI 05/11/09 MARGARITA AT MORAGA N/E CORNER REMOVED 1 S.F. OF GRAFFITI 05/11/09 MARGARITA AT WINCHESTER BRIDGE REMOVED 118 S.F. OF GRAFFITI 05/11/09 WINCHESTER AT RUSTIC GLEN BRIDGE REMOVED 127 S.F. OF GRAFFITI 05/1/09 NO. GENERAL KEARNY AT NICOLAS BRIDGE REMOVED 365 S.F. OF GRAFFITI 05/11/09 CAMINO PIEDRA ROJO AT VAIL RANCH REMOVED 2 S.F. OF GRAFFITI 05/11/09 HARMONY LANE AT VAIL RANCH REMOVED 172 S.F. OF GRAFFITI 0511/09 BUTTERFIELD BRIDGE AT TEMECULA CREEK REMOVED 2 S.F. OF GRAFFITI 05/11/09 30526 MILKY WAY REMOVED 2 S.F. OF GRAFFITI 05/11/09 BEHIND TARGET REMOVED 106 S.F. OF GRAFFITI 05/11/09 1-15 FWY AT "C" STREET REMOVED 6 S.F. OF GRAFFITI 05/11/09 1-15 FWY AT FOOD 4 LESS REMOVED 16 S.F. OF GRAFFITI 05/15109 PROMENADE CHARDONNAY HILLS REMOVED 24 S.F. OF GRAFFITI 05/18/09 FELIX VALDEZ AT 6TH REMOVED 170 S.F. OF GRAFFITI 05/18/09 FELIX VALDEZ AT GRANNY'S ATTIC REMOVED 200 S.F. OF GRAFFITI 05/18/09 RAINBOW CANYON ROAD REMOVED 45 S.F. OF GRAFFITI 05/18/09 MARGARITA ROAD AT Y.M.C.A. REMOVED 8 S.F. OF GRAFFITI 05/18/09 1-15 FWY AT OVERLAND REMOVED 250 S.F. OF GRAFFITI 05/18/09 MARGARITA AT BIKE TRAIL REMOVED 40 S.F. OF GRAFFITI 05/18/09 NO. GENERAL KEARNY AT BIKE TRAIL REMOVED 330 S.F. OF GRAFFITI 05/18/09 PECHANGA PARKWAY AT VIA GILBERTO REMOVED 7 S.F. OF GRAFFITI 05/19/09 MEADOWS PARKWAY AT ROYAL BIRKDALE REMOVED 4 S.F. OF GRAFFITI 05/20/09 4TH STREET AT FRONT REMOVED 3 S.F. OF GRAFFITI 05/20/09 VIA GILBERTO REMOVED 135 S.F. OF GRAFFITI 05/20/09 MARGARITA AT STONEWOOD REMOVED 34 S.F. OF GRAFFITI 05/20/09 PEACOCK AT BANGER REMOVED 25 S.F. OF GRAFFITI 05/21/09 CLUBHOUSE DRIVE REMOVED 20 S.F. OF GRAFFITI 05/22/09 SUNNYMEADOWS AT CORBIE REMOVED 1 S.F. OF GRAFFITI 0509 MEADOWS PARKWAY AT PASEO DE LA OLAS REMOVED 3 S.F. OF GRAFFITI 05/22/09 SOLANA AT SKYWOOD REMOVED 24 S.F. OF GRAFFITI 05/22/09 SOLANA AT VIA NORTE REMOVED 1 S.F. OF GRAFFITI R:\MAl WA1MW KCMPLTMGRAFFITI\ DATE LOCATION WORK COMPLETED 05/22/09 SOLANA AT RYCREST REMOVED 2 S.F. OF GRAFFITI 05/22/09 SOLANA AT RYCREST REMOVED 1 S.F. OF GRAFFITI 05/22/09 SOLANA AT MARGARITA REMOVED 2 S.F. OF GRAFFITI 05/26/09 6TH AT FELIX VALDEZ REMOVED 75 S.F. OF GRAFFITI 05/26/09 VIA RIO TEMECULA AT AVENIDA DE MISSIONS REMOVED 1 S.F. OF GRAFFITI 05/26/09 BUTTERFIELD STAGE AT TEMECULA CREEK REMOVED 3,881 S.F. OF GRAFFITI 05/26/09 MARGARITA BRIDGE AT SANTA GERTRUDIS CREEK REMOVED 43 S.F. OF GRAFFITI 05/26/09 PECHANGA PARKWAY AT CHANNEL REMOVED 48 S.F. OF GRAFFITI 05/28/09 PECHANGA PARKWAY AT CHANNEL REMOVED 230 S.F. OF GRAFFITI 05/28/09 MIRA LOMA AT EDISON PLANT REMOVED 209 S.F. OF GRAFFITI 05/28/09 MIRA LOMA AT RANCHO VISTA REMOVED 3 S.F. OF GRAFFITI 05/28/09 39655 JOSEPH ROAD AT WALKING TRAIL REMOVED 98 S.F. OF GRAFFITI 05/28/09 VAIL RANCH PARKWAY AT REDHAWK REMOVED 4 S.F. OF GRAFFITI 05/29/09 WINCHESTER AT YNEZ REMOVED 1 S.F. OF GRAFFITI 05/29/09 YNEZ AT DLR DRIVE REMOVED 3 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 8.028 TOTAL LOCATIONS 74 R:\MAI NTAIN\ W KCMPLTU\GRAFFITI\ O W~ 11 O r~ v O N W C O Z F- O F- a. w 0) O Q w Z m Q w Q m w ZLL H LL N R O r ~ O ~ ~O N ~ ty' 61 ~1 p ~ O WO h d ~ ~R O p A W y H Fy ~ ~ a 000 0000 00000000 0000 0000 000 000 0000 0000 0000 0000 0000 000 000 0000 0000 000000000000 000 rO>I~~IYMrOhOMr Of~~l")M r0P~llMrOh 1nMr tp~'d' V M MMMM NNNN Nrr r r r CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF MAY, 2009 DATE REC'D LOCATION REQUEST DATE WORK COMPLETED 04/20/09 PALMA DRIVE AT VALLEJO 8, VALLEJO AT LA PAZ SIGN REPAIRS 04/20/09 04/22/09 WOLF CREEK AT REDWOOD ROAD SIGN REPAIR 05/22/09 04127/09 40311 CALLE MEDUSA TRIM TREE 05/06/09 05/01/09 DIAZ AT VIA MONTEZUMA DEBRIS 05/01/09 05/01/09 ESCOLACATA AT CAPRICE SIGN REPAIR 05/01/09 05/04/09 31321 HURON CATCH BASIN REPAIR 05/06/09 05/04/09 39450 LONG RIDGE DRIVE DEBRIS PICK-UP 05/04/09 05/04/09 3151 COUTE PACHECO TRIM TREE 05/04/09 05/04/09 41950 MAIN STREET DEBRIS PICK-UP 05/05/09 05/05/09 29785 VIA LAS CHACRAS DEBRIS PICK-UP 05/05/09 05/05/09 BRIXTON COVE AT RIVERTON ASPHALT REPAIR 05/13/09 05/06/09 OVERLAND BRIDGE BEES 05/06/09 05/06/09 RANCHO CALIFORNIA ROAD AT TOWN CENTER DEBRIS PICK-UP 05/06/09 05/06/09 31220 SAMANTHA LANE HAZMAT CLEAN-UP 05/06/09 05/07/09 DIAZ ROAD AT WINCHESTER MOSQUITOES 05/07/09 05/07/09 32110 CAMINO SENECO TRIM TREE 05/11/09 05/07/09 31109 EL TORITO COURT TRIM TREE 05/07/09 05/08/09 43317 MODENA DRIVE SIDEWALK REPAIR 05/08/09 05/11/09 30835 KIOWA RIVER COURT TREE 05/13/09 05/11/09 32543 VALENTINO WAY DEBRIS PICK-UP 05/13/09 05/12/09 42561 SWOHODA COURT STRIPING ISSUE 05/12/09 05/15/09 RANCHO VISTA AT VIA BALDERAMA TREE/BEES 05/15/09 05/18/09 33124 HARMONY LANE TREE 05/18/09 05/18/09 N/B MARGARITA AT PASEO BRILLANTE TREE 05/18/09 05/18/09 30049 VIA VELEZ PLACE TREE 05/19/09 05/19/09 OVERLAND AT NO. GENERAL KEARNY DUST CONTROL 05/19/09 05/20/09 RANCHO CALIFORNIA ROAD AT SAGE CANYON APTS. DEBRIS PICK-UP 05/20/09 RAMAINTAIN\W RKCOMPLTD\SORS\ DATE REC'D LOCATION REQUEST DATE WORK COMPLETED 05/20/09 29861 VIA ALTURAS DRIVE TREE 05/26/09 05/20/09 AVENIDA BUENA SUERTE AT AVENIDA CENTENARIO DEBRIS PICK-UP 05/21/09 05/21/09 VIA BRISA TREES 05/26/09 05/21/09 PROMENADE CHARDONNAY AT PLACER LAFITE POTHOLE 05/21/09 05/22/09 WALCOTT AT LA SERENA DEBRIS PICK-UP 05/22/09 05/22/09 CITY LOG ON LA SERENA DEBRIS 05/26/09 05/26/09 CITY LOT ON LA SERENA DEBRIS 05/26/09 05/26/09 SOUTH GENERAL KEARNY DEBRIS 05/26/09 05/27/09 PIO PICO ROAD POTHOLES 05/27/09 05/27/09 VERDADERO PLACE AT SANTA CECILIA SIGN 05/27/09 05/27/09 MORAGA AT RANCHO CALIFORNIA ROAD DEBRIS 05/27/09 05/27/09 29904 VIA PUESTA DEL SOL STORM DRAIN 05/29/08 05/28/09 MORAGA AT RANCHO CALIFORNIA ROAD DEBRIS 05/27/09 05/28/09 UNKNOWN TREE/BEES 05/29/09 05/28/09 43261 MODENA DRIVE STORM DRAIN 05/29/09 05/29/09 HARVESTON SCHOOL AT HARVESTON DRIVE SIDEWALK 05/29/09 05/29/09 TEMECULA PARKWAY AT APIS DEBRIS 05/29/09 05/29/09 RANCHO VISTA AT CALLE SANTA ANA DEBRIS 05/29/09 TOTAL SERVICE ORDER REQUESTS 45 R AMAIN'fAt N\WRKCOMPL IU\SORS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF MAY, 2009 DATE LOCATION WORK COMPLETED 05/01/09 AREA #1 REPAIRS R1-1 3; R4-7 1; R4-4 1 05/01/09 SANTA CECILIA REPAIRS R1-1 5 05/01/09 REDHAWK AT TEMECULA PARKWAY REPAIRS R4-4 05101/09 C-STREET AT SANTIAGO REPLACED SNS 05/01/09 RANCHO CALIFORNIA ROAD AT MARGARITA REPAIR R4-7 05/01/09 MALL AREA REPAIR R2-45 (1); W3-3 1); R-26 3) 05/01/09 JEFFERSON AT WINCHESTER REPAIR R61-(2); R4-7 4 05/01/09 JEFFERSON AT WINCHESTER REPAIR R4-7 4) 05/01/09 WINCHESTER ATYNEZ REPAIR R3-4 05/01/09 FFERSON AT WINCHESTER REPAIR R18-1 05/01/09 rNICOLAS AT VILLAVENECIA REPAIR R-26 05/01/09 CALLE GIRASOL AT RIVERTON REPAIR W-6 2 05/01/09 VIA PUERTA AT CAMINO DEL ESTE REPAIR R2-25 05/01/09 VIA PUERTA AT LA SERENA REPAIR R1-1 05/06/09 32605 TEMECULA PARKWAY REPLACED R-26 05/06/09 KAHWEA AT VIA NORTE NEW INSTALL NEIGHBORHOOD WATCH 05/06/09 28069 DIAZ REPLACED 1 DELINEATOR 05/07/09 FRONT STREET AT TEMECULA PARKWAY REPLACED 5 DELINEATORS 05/07/09 RANCHO CALIFORNIA ROAD AT BUTTERFIELD STAGE REPLACED 4 DELINEATORS 05/07/09 RANCHO VISTA AT VIA TORENO REPAIR R2-26 05/07/09 PAUBA AT LA PRIMAVERA REPAIR R2 & SNS 05/07/09 YNEZ AT VALLEJO REPAIR R1-1 05/08/09 SAN MARCOS AT JEREZ REPAIR R4-7 05/11/09 VAIL RANCH AT CAMINO PIEDRA ROJO REPLACED R1-4 RAMAINTAIN\W KCMPLTD\SIGNS\ DATE 1 LOCATION°.' WORK:COMPLETED 05111/09 EVAIL NCH AT JOHNSTON REPAIR R4-7 k /11/09 COUTET AT RUE JODAT REPAIR POLE 05/12/09 WINCHESTER AT 1-15 FWY AREA REPAIR 13 R4-7s 05/14/09 WINCHESTER ROAD / MALL AREA REPAIR 12 R4-7s 05/14/09 WABASH AT TEMECULA PARKWAY REPAIR R-1 05/14/09 REDHAWK AT TEMECULA PARKWAY REPLACED R4-7 05/14/09 NO. GENERAL KEARNY AT VIA LA COLINA REPAIR R2-40 05/14/09 MARGARITA ATMORAGA REPAIRED 2 W1-7 05/14/09 RANCHO CALIFORNIA ROAD AT MORAGA REPAIRED 2) R61-32 05/14/09 RANCHO CALIFORNIA ROAD AT VIA LA COLINA REPAIRED R4-7 05/15/09 RANCHO CALIFORNIA ROAD AT BUTTERFIELD STAGE REPLACED 1 DELINEATOR 05/18/09 KAHWEA ROAD AT VIA NORTE NEW INSTALL 3 NEIGHBORHOOD WATCH 05/19/09 BUTTERFIELD STAGE ROAD AT CROWNE HILL NEW INSTALL 5 - R2-26 05/19/09 NO, GENERAL KEARNY AT CAMINO CAMPOS VERDES REPAIR W3-3 05/20/09 BUTTERFIELD STAGE AT RANCHO CALIFORNIA ROAD REPAIR R2-26 05/22/09 DIAZ ROAD REPLACED 1 DELINEATOR 05/22/09 SOLANA AT VIA NORTE REPAIRED 1 -W-16 05/22/09 MEADOWS PARKWAY AT ROYAL OAKS REPAIR R1-1 & R4-7 05/22/09 LA SERENA AT CALLE PINA COLADA REPAIR R2-26 05/22/09 BUTTERFIELD STAGE ROAD AT CROWNE HILL NEW INSTALL 2 - R2-26 05/22/09 WOLF CREEK AT CEDAR WAY NEW INSTALL 2 R-26 - 81 05122/09 BUTTERFIELD STAGE ROAD AT CROWNE HILL REPAIR SNS 05/22/09 RANCHO CALIFORNIA ROAD AT HUMBER REPAIR R2-50 05/22/09 RANCHO CALIFORNIA ROAD AT COSMIC REPAIR R4-7 05/22/09 RANCHO CALIFORNIA ROAD AT MARGARITA REPAIR R4-7 05/22/09 RANCHO CALIFORNIA ROAD AT JEFFERSON REPAIR R18-2 05/22/09 RANCHO CALIFORNIA ROAD AT JEFFERSON REPAIR 2-R4-7s 5/22 09 L JEFFERSON AT CALLE CORTEZ REPAIR R2-40 /22/09 05 JEFFERSON AT OVERLAND REPAIR R4-7 R:\MAI NTAI N\ W KCMPLTD\SIGNS\ DATE LOCATION. WORK COMPLETED 05/22/09 JEFFERSON AT SANBORN REPAIR OM1-3 & W-31 05/22/09 YNEZ AT TOWN CENTER REPAIR R-26 05/22/09 YNEZ AT OVERLAND REPAIR R-26 05/22/09 YNEZ AT PROMENADE REPAIR R18-2 05/22/09 YNEZAT EQUITY REPAIR R4-7 05/22/09 YNEZ AT TOWER PLAZA REPAIR R4-7 05/22/09 MARGARITA AT HONORS REPAIR R4-7 05/22/09 MARGARITA AT HARVESTON REPAIR 4 R4-7 05/22/09 DATE AT LAKEVIEW REPAIR 2 R4-7 05/22/09 MARGARITA AT HARVESTON REPAIR R-26 05/22/09 MARGARITA AT WINCHESTER REPAIR 114-7 05/26/09 TEMECULA PARKWAY AT PECHANGA PARKWAY REPLACED 1 DELINEATOR 05/26/09 VIA RIO TEMECULA AT AVENIDA DE MISSIONS REPAIR W1-6 05/27/09 CALLE PIMA COLADA AT NO. GENERAL KEARNY REPLACED M4-3 05/27/09 VERDADERO PLACE AT SANTA CECILIA REPLACED R1-1 05/29/09 MEADOWS PARKWAY AT PASEO DE LAS OLAS REPLACED 1 R4-7 & 1 113-4 05/29/09 RANCHO CALIFORNIA ROAD AT JEFFERSON REPAIR R4-7 05/29/09 27309 JEFFERSON REPLACE 2DELINEATORS 05/29/09 BUTTERFIELD STAGE AT RANCHO CALIFORNIA ROAD REPLACE 1 DELINEATOR 05/29/09 LOW FLOW REPAIR LOW FLOW SIGN 05/29/09 N/B DIAZ ROAD AT LOW FLOW REPLACED W-55 05/29/09 N/B DIAZ ROAD AT LOW FLOW REPLACED R2 26 05/29/09 MARGARITA ROAD AT LOWES REPLACED 1 DELINEATOR 05/29/09 MARGARITA ROAD AT BRIDGE REPLACED 3 DELINEATORS 05/29/09 MARGARITA ROAD AT GEORGETOWN REPLACED 2 DELINEATORS 05/29/09 WOLF CREEK TRACT NEW INSTALLS 2 NEIGHBORHOOD WATCH TOTAL SIGNS REPLACED 34 TOTAL SIGNS INSTALLED 16 TOTAL SIGNS REPAIRED 109 R:WAI NTAIM W KCMPLTD\SIGNS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF MAY, 2009 DATE LOCATION. WORK COMPLETED 05/04/09 AREA #2 BIKE LANES REPAINTED 40 LEGENDS 05/05/09 AREA #2 BIKE LANES REPAINTED 32 LEGENDS 05/06/09 AREA #2 BIKE LANES REPAINTED 29 LEGENDS 05/07/09 AREA #2 BIKE LANES REPAINTED 49 LEGENDS 05/11/09 AREA #2 BIKE LANES REPAINTED 35 LEGENDS 05/12/09 AREA #2 BIKE LANES REPAINTED 10 LEGENDS 05/12/09 S/B MARGARITA AT RANCHO VISTA / BURM REPAINTED 575 LF. 05/12/09 S/B MARGARITA AT RANCHO VISTA / 8" WHITE LINE REPAINTED 43 LF. 05/12/09 S/B MARGARITA AT RANCHO VISTA / 4" WHITE LINE REPAINTED 13 LF. 05/12/09 S/B MARGARITA AT RANCHO VISTA REPAINTED 10 LEGENDS 05/13/09 AREA #3 BIKE LANES REPAINTED 22 LEGENDS 05/13/09 N/B MARGARITA AT RANCHO VISTA INSTALLED 16 LF. BIKE LANE 05/13/09 N/B MARGARITA AT RANCHO VISTA INSTALLED 861 F. YELLOW 4" LINE 05/14/09 W/B RANCHO CALIFORNIA ROAD AT CITY LIMITS INSTALLED 125' RED CURB 05/14/09 OVERLAND AT MARGARITA RE-THERMO 43 LF. CROSSWALK 05/14/09 OVERLAND AT MARGARITA RE-THERMO 8 LEGENDS 05/14/09 VINCENT MORAGA AT RANCHO CALIFORNIA ROAD RE-THERMO 15 LF. CROSSWALK 05/14/09 VINCENT MORAGA AT RANCHO CALIFORNIA ROAD RE-THERMO 4 LEGENDS 05/18/09 WINCHESTER ROAD AT ENTERPRISE RE-THERMO 1 CROSSWALK 05/18/09 WINCHESTER ROAD AT ENTERPRISE RE-THERMO 2 ARROWS 05/18/09 MARGARITA AT RANCHO VISTA REPAINTED 1 CROSSWALK 05/19/09 AREAS #3 & #4 REPAINTED 51 BIKE LEGENDS 05/20/09 AREA #4 REPAINTED 35 BIKE LEGENDS 05/26/09 AREA #4 REPAINTED 40 BIKE LEGENDS 05/28/09 AREA #1 REPAINTED 21 STOP & BARS TOTAL NEW & REPAINTED LEGENDS 405 NEW & REPAINTED RED CURB & STRIPING LF. 901 RAMAINTAIN\WRKCOMPLTD\ TRIPING CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF MAY, 2009 ;TED II 05/06/09 140311 CALLE MEDUSA I TRIMMED I 4 R.O.W. TREES II II 05/22/09 I CORTE CAROLINA AT VIA CORDOVA I TRIMMED I 1 R.O.W. TREES II TOTAL R.O.W. TREES TRIMMED 5 R NAINTAlMWRKC0MPMD\TRES CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report May / June 2009 Prepared by: Amer Attar Submitted by: Greg Butler Date: 6/23/2009 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 mainline utilities are installed, which the City is undertaking - estimated start in June of 2009. A fire engine/truck venting system (requested/added on 2/06) will be installed when the Contractor re- mobilizes, 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. Contract work is complete. The project is in the 90-day maintenance period effective 4/1/09 ongoing through June 2009. Old Town Infrastructure Project -Town Square and Mercedes & Main Street This project involves construction of the Town Square and street improvements on Mercedes & Main Streets. The project was awarded on March 18, 2008. All storm drain, sewer, and water improvements are complete and all the roadways are paved. Work is ongoing in the Town Square. The redesigned fountain is being constructed. Delays in delivery of specialty items for the fountain will extend the completion date through June 2009. Pechanga Parkway Phase II Street Improvements from Temecula Parkway to City Limits @ Pechanga Road. This project widens Pechanga Pkwy to its ultimate width from Temecula Pkwy to Pechanga Rd. The contractor has installed all the median curbs, completed the final paving for the entire project and the median soil amendment process has begun. Striping and traffic loops are currently being installed. Construction work yet to be completed includes landscaping/irrigation and adjusting utility covers to grade. Completion of the project is anticipated for June/July 2009. Old Town Infrastructure Projects 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. Construction of elevated slab concrete is ongoing as well as construction Parking Structure retaining wall footings and construction of the office frontage foundations. 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 requirements 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. on 09/09/08. Edge began work on 4/8/09. Work is ongoing on foundations. Structural steel erection is schedule for a late June start. Temecula Community Center Expansion Work began on January 13, 2009. The building is currently being framed. The anticipated completion date of the project is October 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. Construction began the week of 3/16/09 with potholing for underground storm drain work, which revealed conflicts with gas and phone lines. Contract work resumed on 4/20/09 after an approx. 3-week delay due to utility conflicts. Phase I (eastbound De Portola Rd) roadway work began the week of 5/18/09 and is scheduled to be complete by 6/19/09, Phase 11 roadway work (westbound De Portola) is scheduled to begin the week of 6/22/09. 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 project was awarded to All American Asphalt on March 24, 2009. Pre-construction meeting was held April 20, 2009. This is a federally funded project. Construction of the pedestrian ramps is underway. 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. The bid opening was on 03/17/09. The project was awarded to Christopher R. Morales, Inc. on 04/14/09. Pre-construction meeting was held 05/05/09. Anticipated start date is July 2009. Traffic Signal Installation - Citywide, Meadows Pkwy at McCabe Dr This project will install a new traffic signal on Meadows Parkway at McCabe Drive. The bid opening was on 03/17/09. The project was awarded to Christopher R. Morales, Inc. on 04/14/09. Pre-construction meeting was held 05/05/09. Anticipated start date is July 2009. Localized Storm Drain Improvements This project will replace the failed CMP under Margarita Road, just south of Rancho Vista Road with an RCP. The emergency work commenced on April 29, 2009. It was substantially complete by the end of the week of May 11, 2009 Site Demolition at 41351 Armada Place Project consists of the demolition of 2 houses at the NE corner of Butterfield Stage Road/Rancho California Road. The Notice of Completion has been filed and recorded. Citywide Slurry Seal Project FY08-09 Slurry Seal of local streets within Paloma Del Sol and Temeku Hills. Contract was awarded at the May 26, 2009 Council meeting. A Pre-Con was held on June 2, 2009. The Notice to Proceed will be issued on June 15, 2009. Citywide Concrete Repairs FY 2008-09 This project will replace concrete at various locations in the City. Bids were opened on June 2, 2009. The contract is scheduled to be awarded at the June 23, 2009 Council meeting. PROJECTS BEING ADVERTISED FOR BIDS Street Striping Program FY 2009-10 The Street Striping Program FY 2009-10 is currently being advertised for bids. Bid opening is scheduled for June 23, 2009. Traffic Signal Interconnect Equipment Installation This project will install traffic signal interconnect equipment on Margarita Road, form Rancho California Road to Pio Pico Road, including furnishing and installing 24 Single Mode Fiber Optic cable, conduit, pull boxes and communication equipment necessary to interconnect (5) signalized intersections. Plans and spec's are currently being finalized. Advertising is scheduled for late June of 2009, with a bid opening in mid July of 2009. 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 90% plan comments have been returned to the consultant for corrections. The consultant has submitted a proposal for additional scope of work, we are currently reviewing their proposal. 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. Comments on the environmental technical reports were received from Caltrans on 4/28/09, and are being addressed by the consultant. Resubmittal of technical reports to Caltrans is anticipated the week of 6/15/09. The draft 100% PS&E package was received from the design consultant on 2/17/09, and staff review is complete. Comments on draft 100% plans expected to be resubmitted to design consultant the week of 6/8/09. 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; technical reports were submitted to Caltrans on 5/13/09. 100% design plans were received from the design consultant on 2/23/09, staff comments on draft 100% plans were returned to consultant on 5/27/09. 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% of the design is complete. 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. Authorization to advertise for construction bids is being sought from the Community Services District Board of Directors at the 6/23/09 meeting. 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 (SR79S) This project includes the design and construction of two right-turn lanes on eastbound Temecula Pkwy to southbound Pechanga Pkwy. The project includes the widening of Temecula Pkwy at Pechanga Pkwy & relocation of traffic signal poles. 100% design plans are complete. The Pechanga Pkwy St Improvements' contractor has provided a proposal to perform this work as a change order to their contract, the City is currently reviewing their proposal. 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 Rd between Vallejo Ave and Orsmby Rd. Plans and Specifications are 99% complete. The environmental reports are in the process of being updated. Upon completion of the plans and specs, the bid documents will be finalized. 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. 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. 60% plans are being reviewed by staff. 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 also looking at the option of extending the existing parking lot. The design for this project has been suspended. 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 and well as R/W issues with 3 property owners within Phase 1. 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 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 - City revising. > Supplemental Fact Sheet - City revising. > Modified Access Report - FHWA Determination of Acceptability, approved July 2007. Final approval pending approval of the Final Environmental Document. > Geometric Approval Drawings - City revising. > Final Environmental Document - Awaiting approval of Project Report. > Life Cycle Cost Analysis - City revising. 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 - City preparing 1 st draft. > Draft Environmental Document - Approved April 2009. > 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. > Final Environmental Document - City preparing first draft. Other: > Declaration of Units - Request for Metric Exception denied by Caltrans. > Freeway Agreements - Execution pending approval of the Project Report. > 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 is complete. Project is pending allocation of funds for design. 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. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved on 05/01/09. Design is underway and consultant is preparing 30% plans. 10 CITY OF TEMECULA PAGE 1 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6110/2009 % 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 Contractor: Tovey Shultz Construction, Inc. completed when the mainline utilities are installed, which the City is undertaking - PW03-01 I Contract Amount: $3,298,000 David McBride 97%(9109) 93% estimated start in September of 2009. Afire engineRruck venting system Approved Change Orders: $212,768.24 (requested/added on 2/06) will be installed when the Contractor re-mobilizes, this cost is Account No. 210-165-741 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. Contract work is complete. PW01-27 I ContractAmount: $1,308,148.48 Jon Salazar/ 100% (02109) 95% The project is in the 90-day maintenance period effective 4/1/09 ongoing through June Approved Change Orders (1-12): $217,447.09 Amer Attar 2009. Account No. 210-190-142-58XX Old Town Infrastructure Project-Town Square and This project involves construction of the Town Square and street improvements on Mercedes & Main Street Mercedes & Main Streets. The project was awarded on March 18, 2008. All storm drain, Contractor: LH Engineering Contract Amt: sewer, and water improvements are complete and all the roadways are paved. Work is PW06-07 I $3,458,495.00 Approved Change Order(s) $ 229,139.32 David McBride 97%(6109) ° 93 ongoing in the Town Square. The redesigned fountain is being constructed. Delays in & 1 E (1C } delivery of specialty items for the fountain will extend the completion date through June Account Nos.: 2009. 210-165-636 210-165-643 Pechanga Parkway Phase II Street Improvements This project widens Pechanga Pkwy to its ultimate width from Temecula Pkwy to from Temecula Parkway to City Limits @ Pechanga Pechanga Rd. The contractor has installed all the median curbs, completed the final PW99-11 Road. Mayra De La paving for the entire project and the median soil amendment process has begun. Striping (Ph II} I Contractor: All American Asphalt tr Torre/ Amer ° 96 7D% and traffic loops are currently being installed. Construction work yet to be completed Con act Amount: $8,131,964.98 Attar includes landscapingIrrigation and adjusting utility covers to grade. Completion of the Account No. 210-165-668-58XX project is anticipated for June/July 2009. 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 David space. Construction of elevated slab concrete is ongoing as well as construction Parking (1 D) I Contractor: PCL Construction Contract Amount: $15 797 010.00 McBride/ Bill 48%(12(09) 36% Structure retaining wall footings and construction of the office frontage foundations. , , Approved Change Orders: ($314,093.69) McAteer Account No. 210-165-644 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 requirements of RWQCB by desilting the basin located near the Sports Park. 401 PW05-13 I Engineering Contract Amount: $315,510 Becerral Avlin 0% 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. CITY OF TEMECULA PAGE 2 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6110/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp.! PAID ($j bid date) Old Town Civic Center This project will construct the Old Town Civic Center. City Council awarded the contract to Edge Development, Inc. on 09/09/08. Edge began work on 4/8/09. Work is ongoing on PW06-07 Contractor: Edge Development Bill McAteer/ foundations. Structural steel erection is schedule for a late June start. Ph2 I Contract Amount: $31,555,500 David McBride 12%(9110) 12% Approved Change Orders: $43,326 Account No. 210-165-751-58XX Temecula Community Center Expansion Work began on January 13, 2009. The building is currently being framed. The anticipated Contractor: Erickson-Hall Construction Company William completion date of the project is October 2009. PW06-05 III Contract Amount: $1,184,000.00 Becerral David 50% 45% 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. Construction began the week of 3/16/09 Contractor: Hardy & Harper, Inc. with potholing for underground storm drain work, which revealed conflicts with gas and PW06-10 I Contract Amount: $1,161,000 Jon Salazar/ 40% 1% phone lines. Contract work resumed on 4/20/09 after an approx. 3-week delay due to Account No. 210-165-656-58XX Amer attar utility conflicts. Phase I (eastbound De Portola Rd) roadway work began the week of 5/18/09 and is scheduled to be complete by 6/19/09; Phase II roadway work (westbound De Portola) is scheduled to begin the week of 6/22/09. 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 Kendra the east. The project was awarded to All American Asphalt on March 24, 2009. Pre- PW06-14 I Contractor: All American Asphalt Hannah- 15% ° 0% construction meeting was held April 20, 2009. This is a federally funded project. Contract Amt: $3,666,004.25 Meistrell/Avlin Construction of the pedestrian ramps is underway odviar . Account No. 210-165-657 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. The bid opening was on 03/17/09. The project was awarded to PW07-09 I Contractor: Christopher R. Morales, Inc. Hannah- 0% 0% Christopher R. Morales, Inc. on 04/14/09. Pre-construction meeting was held 05/05/09. Contract Amount: $323,893.00 Meistrell I Anticipated start date is July 2009 Avlin odviar . 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. The at McCabe Dr Kendra bid opening was on 03/17/09. The project was awarded to Christopher R. Morales, Inc. PW07-10 I Contractor: Christopher R Morales, Inc. Hannah- 0% 0% on 04/14/09. Pre-construction meeting was held 05/05/09. Anticipated start date is July Contract Amount: $323,983.00 Meistrell I 2009 Avlin Odviar . Account No. 210-165-672-58XX Localized Storm Drain Improvements This project will replace the failed CMP under Margarita Road, just south of Rancho Vista Emergency Replacement of a Failed Storm Drain Road with an RCP. The emergency work commenced on April 29, 2009. It was Pipe Under Margarita Road ° ° substantially complete by the end of the week of May 11, 2009 PW09-05 I Contractor: Monteleone Contractors Amer Attar 1001° OI° ContractAmount: $123,618.18 Account No.: 210-165-715-58XX Site Demolition at41351 Armada Place Project consists of the demolition of 2 houses at the NE corner of Butterfield Stage Contractor: vezion's West, Inc. Mayra De La Road/Rancho California Road. The Notice of Completion has been filed and recorded. PW08-08 Contract Amount: $18,210.00 Torre 100% 0% Account No. 210-165-723-58XX CITY OF TEMECULA PAGE 3 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6110/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp) PAID ($j bid date) Citywide Slurry Seal Project FYOB-09 Chris White I Slurry Seal of local streets within Paloma Del Sol and Temeku Hills. Contract was PW 09-01 1 Contractor: Pavement Coating Company Mayra De La 0% 0% awarded at the May 26, 2009 Council meeting. A Pre-Con was held on June 2, 2009. The ContractAmount: $323,817.17 Torre Notice to Proceed will be issued on June 15, 2009. Citywide Concrete Repairs FY 2008-09 This project will replace concrete at various locations in the City. Bids were opened on Removing and replacing various improvements Chris June 2, 2009. The contract is scheduled to be awarded at the June 23, 2009 Council PW09-03 I including, but not limited to, curb & gutter, sidewalk, White/Mayra 0% 0% meeting. drive approaches, under sidewalk drains, cross De La Torre gutter, ADA ramps and local depressions. PROJECTS BEING ADVERTISED FOR BIDS Street Striping Program FY 2009-10 Chris White 1 The Street Striping Program FY 2009-10 is currently being advertised for bids. Bid PW09-04 I This annual program will stripe various locations Mayra De La 0% 0% opening is scheduled for June 23, 2009. around the City. Tone Traffic Signal Interconnect Equipment Installation This project will install traffic signal interconnect equipment on Margarita Road, form Install traffic signal interconnect equipment on Chris Rancho California Road to Pio Pico Road, including furnishing and installing 24 Single PW04-05 I Margarita Road. White/Mayra 0% 0% Mode Fiber Optic cable, conduit, pull boxes and communication equipment necessary to De La Torre interconnect (5) signalized intersections. Plans and spec's are currently being finalized. Advertising is scheduled for late June of 2009, with a bid opening in mid July of 2009. 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- 60%(07109) 50% requirements to do the striping. Amount: $29,210.00 Iin Oell! Avlin dviar 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 PW99- 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 Chris Whiter Corps of Engineers and the state environmental regulatory agencies is required. The 90% PW00-26 I Consultant: Project Design Consultants Mayra De La 90% 90°f° plan comments have been returned to the consultant for corrections. The consultant has Contract Amount: $466,940 Tone submitted a proposal for additional scope of work; we are currently reviewing their Account No. 210-165-602-58XX proposal. CITY OF TEMECULA PAGE 4 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6110/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp.! PAID ($j bid date) 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 replacement as a project separate from the Army Corps of Engineer's Murrieta Creek Amendment No. 1: Contract term extension Amendment No 2: Contract term extension Jon Salazar! °l0 (Phases I 87 ° Improvement project. Comments on the environmental technical reports were received PW03-05 I Amendment No. 3: $322,305 Amer Attar 92%(6109) & II) - 961° (Phase 3) from Caltrans on 4/28/09, and are being addressed by the consultant. Resubmittal of Amendment No. 4: $24,063 (RCWD waterline) technical reports to Caltrans is anticipated the week of 6/15/09. The draft 100% PS&E package was received from the design consultant on 2/17/09, and staff review is Account No. 210-165-743-58XX complete. Comments on draft 100% plans expected to be resubmitted to design consultant the week of 6/8/09. 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 Contract Amount: $132,807 Amer Attar 95%(6109) 75% received from Caltrans on 12/03/08; technical reports were submitted to Caltrans on Account No. 210-165-738-58XX 5/13/09. 100% design plans were received from the design consultant on 2/23/09; staff comments on draft 100% plans were returned to consultant on 5/27/09. 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 BecerratAvlin 50% 60% 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% of the design is complete. Redhawk Park Improvements This project will add amenities to four park sites in the Redhawk area. Due to budgetary Consultant: RJM Design Group, Inc. constraints, the construction was divided into phases over a number of years. At the Contract Amount: $164,574 Kendra December 11, 2007 meeting, the City Council approved an agreement with RJM for the PW06-06 I Account No. 210-190-144-58XX Hannah- M ll! 95%(06109) 80% construction drawings of the chosen amenities, which include a half court basketball court, n Od Avlin Od viar ADA accessible parking, and dog park at Redhawk Community Park; a seatwall and shade structure at Sunset Park. Authorization to advertise for construction bids is being sought from the Community Services District Board of Directors at the 6/23/09 meeting. 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 Develo mentAAE, Inc. n Bill McAteer! ° revision and resubmittal. The WQMP for this project is being reviewed and may change PW06-09 I Contr act amount $109,085 David McBride 75 f° 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 (SR79S) Temecula Pkwy to southbound Pechanga Pkwy. The project includes the widening of Consultant: Cozad & Fox Mayra De La Temecula Pkwy at Pechanga Pkwy & relocation of traffic signal poles. 100% design plans PW06-11 I Contract Amount: $29,010 Torre 100% 99% are complete. The Pechanga Pkwy St Improvements' contractor has provided a proposal Account No. 210-165-637-58XX to perform this work as a change order to their contract; the City is currently reviewing their proposal. CITY OF TEMECULA PAGE 5 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6110/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp.! PAID ($j bid date) Santiago Detention Basin This project includes the design and construction of a detention basin. The proposed Consultant: Kimsey Horn detention basin (1 acre in size) is located on the south side of Santiago Rd between PW06-12 I Contract Amount: $65,250 Mayra De La 95% 95% Vallejo Ave and Orsmby Rd. Plans and Specifications are 99% complete. The Account No. 210-165-666-58XX Torre environmental reports are in the process of being updated. Upon completion of the plans and specs, the bid documents will be finalized. 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 completion of these revisions it will be submitted to Caltrans for construction authorization. s: $ 6,000 Approved EWA 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 4: $ . N 8 .00 No. > PS&E - City is preparing 95% Plans, Specifications, and Estimate. $1,,087087,,33 Amend. No. B: 00 .00 > 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 OdvJ rJ 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 PUU07-04. 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. 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 PWD7- 05CSD II Account No. 210-190-186 Bill McAteer! David McBride 10%(12109) 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: VUlldan 2008-2013. The 90% PMP 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 210-165-655-58XX 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 I I Meistrell 1 60% (08109) 40°!° for the street improvement design with David Evans and Associates at the 10/28/08 City Account No. 210-165-502-58XX Avlin Odvi Odviar ! Amer Attar Council Meeting. The kick off meeting for the design of the street improvements was held on 12/17/08. 60% plans are being reviewed by staff. CITY OF TEMECULA PAGE 6 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6110/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp.! PAID ($j bid date) 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 overflow parking lot. Hall & 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 also Account No. 210-165-508-58XX looking at the option of extending the existing parking lot. The design for this project has been suspended. 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 I Consultant: David Evans &Associates (DEA) Mayra De Torre/Amer o% o% is working on the Bid Package and well as RAN issues with 3 property owners within Contract Amount: Attar r Phase I. 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. Account No. 210-165-723-58XX PROJECTS BEING DESIGNED BY STAFF 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. PROJECTS IN THE PLANNING STAGE 1-151 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: 98,196.00 Extra Work Auth. No. 1: 13,426.00 > Project Report - City revising. PW04-08 I Extra Work Auth. No. 2: 17,732.00 Avlin Ociviar! 95%(06109) 95% > Supplemental Fact Sheet - City revising. (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 - City revising. 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 - City revising. Account No. 210-1654-662-58XX CITY OF TEMECULA PAGE 7 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6110/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp.! PAID ($j bid date) 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 21,63030.000 > Draft Project Report - Approved June 2006. CCO No. 1: 25,000.00 > Project Report -City preparing 1 st draft. CCO No. 2: 8,000.00 > Draft Environmental Document - Approved April 2009. 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 PW004 00.. . 5: 1 69 , 00 00 No. > Mandator Design Exceptions roved 07/18/06. 6: 1 10 , 91 7 .00 Amend. No. William > Advisory Design Exceptions - Approved 07/18/06. Amend. No. 7: 14,573.36 Becerra! Avlin ° > Exception to Ramp Metering Policy - Approved 07/05/06. PW02-11 I Amend. No. 8 See PW07-04 Odviarl Amer 90% (1 89) % ° > Geometric Approval Drawings - Approved 07/18/06. Amend. No. 9 100,000.00 Attar > Revised Geometric Approval Drawings - Approved 01/11/08. Notes: > Storm Drain Study- Approved 03/21/08. > Amend. No.1 also applies to PVV07-04. See PVV07 ' > Floodplain and Scour Analysis Report - Approved Oct 2008. I apportionment. -04 for add > Final Environmental Document - City preparing first draft. Account No. 210-165-677-58XX Other: > Declaration of Units - Request for Metric Exception denied by Caltrans. > Freeway Agreements - Execution pending approval of the Project Report. > 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. 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 I I Temecula Creek Consultant: Nolte Associates, Inc. Hannah- Meistre111 Avlin 100% 100% engineering report is complete. Project is pending allocation of funds for design. 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. Meistrell 1 30%(12109) 15% meeting. The kick off meeting was held on 01/08/09. The alignment study has been Contract Amount: $246,865.00 Avlin Odviar completed. Extension of time for the Bicycle Transportation Account funds was approved Account No. 210-165-739-58XX on 05/01/09. Design is underway and consultant is preparing 30% plans. PROJECTS WAITING IN THE WINGS PW00-29 11 Citywide Master Drainage Plan % ( ) Postponed. CITY OF TEMECULA PAGE 8 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6110/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp.! PAID ($j bid date) 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 to a future fiscal year. Auxiliary Lanes on 1-15 in Temecula A feasibility study will be conducted to determine if auxiliary lanes can be added between on and off-ramps on 1-15 in Temecula to improve the freeway operation. An RFP to 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 William The review appraisal is complete. Caltrans has approved the appraisals. The City Council PW02-11 I Interchange, Project Report (PR) Becerra/ Amer NIA NIA is scheduled to review this matter in Closed Session on June 9, 2009. Attar 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 Torref Amer related to the properties within Phase 1 of the project continues. improvements (BSR, MHSR, fire station, etc.) Attar Contractor: N/A; Contract: NIA Diaz Realignment All required right-of-way documents have been recorded with the County; consultant PW 95-27 1 Jon arl surveyor is in the process of recording the Record of Survey, which will complete the Amerr 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 City gained possession of the property as of June 5, 2009. 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 City is working on the legal documents to gain possession of the property. Surplus Land : Diaz Road Realignment Staff met with Outdoor Channel. City Council approved the counter offer. Purchase and Sale Agreement was prepared by City and it was presented to the buyer. The agreement Amer Attar has been agreed upon by the City and the buyer. It will be given to the buyer, along with the new exhibit for signature. Once signed , it will be taken to the City Council for approval of the sale. CITY OF TEMECULA PAGE 9 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6110/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp.! PAID ($j bid date) 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 Water District (RCWD) at the 10/14/08 meeting. Escrow has been opened. We received PW07-05 Amer Attar 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. 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 PW00-26 Amer Attar in the process of preparing legals/plats. A proposal from an appraiser will be sought during the next period and then then the appraisal process will start. 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 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 N/A 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 N/A NIA During 11 e last period, the developer submitted reimbursement request for the retention. CITY OF TEMECULA PAGE 10 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6110/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp.! PAID ($j bid date) 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 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 CFD 03-03 Amer Attar N/A NIA 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. Standard Pacific is in the process of obtaining the required waivers. In addition, they are processing the wall plans through Building and Safety. Once the plans are approved, they will start raising the walls. CFD 02-08 Serena Hills CFD Amer Attar N/A 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 NIA N/A Caltrans submittal and approval. Surface Transportation Program (STP) - De Portola Contract has been awarded. Federal funding reimbursement requests will be submitted to PW06-10 I Road Pavement Rehabilitation Julie Dauer NIA NIA Caltrans as project progresses. $458,990 STP funds Highway Bridge Replacement & Rehabilitation New IDES 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. 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 N/A N/A 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. CITY OF TEMECULA PAGE 11 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6110/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp.! PAID ($j bid date) 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 N/A 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. Pechanga Parkway Phase II Street Improvements - Continue to review construction expenditures for federal reimbursement of PLH funds. PW99-11 I 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. 2006/07 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 NIA 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 I Amer attar NIA NIA 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 NIA 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 I On-going NIA 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. Pavement Rehabilitation - Rancho California Road Caltrans, Local Assistance approved the construction phase of work. STPL funding of PW06-14 I (STPL) Julie Dauer NIA NIA $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 I Purchase, install & implement an adaptive traffic Julie Dauer NIA NIA funding. Disbursements for these programs have currently been suspended. signal synchronization system along six corridors within the City. Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: June 23, 2009 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of May 2009. PATROL SERVICES Overall calls for police service 8248 "Priority One" calls for service 42 Average response time for "Priority One" calls 4.73 Minutes VOLUNTEERS Volunteer administration hours 448 Special Events .............................................516 Community Action Patrol (CAP) hours 117 Reserve officer hours (patrol) 41 Training hours 22 Total Volunteer hours 1507 CRIME PREVENTION/GRAFFITI Crime prevention workshops conducted 2 Residential/business security surveys conducted 0 Businesses visited 7 Businesses visited for past crime follow-up 0 Crime prevention articles 1 Total square footage of graffiti removed 8,028 Number of Graffiti Locations 74 OLD TOWN STOREFRONT Total customers served 336 Sets of fingerprints taken 52 Police reports filed 10 Citations signed off 56 Total receipts $5,388.00 SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests ..................................................................................................................15 On sight misdemeanor arrests ......................................................................................................19 Felony arrest warrants served 3 Misdemeanor arrest warrants served 41 Follow-up investigations 4 Parole Searches .............................................................................................................................0 Massage Ordinance Compliance Checks 5 TRAFFIC Citations issued for hazardous violations 728 D.U.I. checkpoints conducted 0 D.U.I. Arrest ..........................30 Non-hazardous citations 318 Stop Light Abuse/Intersection Program (S.L.A.P.) citations ...........................223 Neighborhood Enforcement Team (N.E.T.) citations ...........................101 Parking citations 225 Seatbelts .........................89 School Zones .........................51 Cell Phone Cites ..............................89 Injury collisions .............................25 Presentations ...........................1 INVESTIGATIONS Beginning Caseload 88 Total Cases Assigned 34 Total Cases Closed ....................................................................................41 Number of community seminars/presentations conducted 0 PROMENADE MALL TEAM Calls for service 347 Felony arrest/filings ............................................................11 Misdemeanor arrest/filings 37 Vehicle burglaries ..............................................................0 Vehicle thefts ..............................................................0 Total receipts ................................................$6,761.00 SCHOOL RESOURCE OFFICERS Felony arrests 6 Misdemeanor arrests 9 Citations 38 Youth counseled 195 Presentations 19 YOUTH ACCOUNTABILITY TEAM School visits ..............................................................126 Home visits 24 Presentations .......................................................3 Truancy Sweep ........................................................1