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051413 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MAY 14, 2013 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. Next in Order: Ordinance: 13-06 Resolution: 13-26 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Susan Miyamoto Invocation: Ghazala Jones of Baha'i Community of Temecula Flag Salute: To Be Announced ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Certificate of Achievement to Anthony Agbay for attaining the rank of Eagle Scout Asthma Awareness Month Proclamation National Public Works Week Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. 1 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, 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 April 23, 2013. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of March 31, 2013 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of March 31, 2013. 5 City Sponsorship of Abby Reinke Elementary School's "Odyssey of the Mind" Team to the World Finals (at the request of Council Member Washington) RECOMMENDATION: 5.1 Approve a City sponsorship to Abby Reinke Elementary School's "Odyssey of the Mind" Team to the World Finals in the amount of $5,000. 2 6 Professional Services Agreement for Environmental Science Associates (ESA) to prepare additional sections of the Program Environmental Impact Report (EIR) for the Jefferson Avenue Specific Plan RECOMMENDATION: 6.1 Approve the Professional Services Agreement with Environmental Science Associates, Inc. in the amount of $46,920 for the preparation of additional sections of the Program Environmental Impact Report for the Jefferson Avenue Specific Plan. 7 Agreement for Weed Abatement Services with Inland Empire Property Services, Inc. for Fiscal Year 2012-13 RECOMMENDATION: 7.1 Approve an Annual Agreement with Inland Empire Property Services, Inc. to provide Weed Abatement Services for Fiscal Year 2012-13 in the amount of $40,000. 8 Agreement with KTU+A for Phase I of the Multi -Use Trails and Bikeways and Master Plan Update RECOMMENDATION: 8.1 Approve an Agreement for $45,000 with KTU+A for Phase I of the Multi -Use Trails and Bikeways Master Plan Update. 9 First Amendment to Agreement with Project Design Consultants for the design of the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, PVV00-26 RECOMMENDATION: 9.1 Approve the First Amendment to the Agreement with Project Design Consultants in the amount of $7,850 for additional services to complete phase one improvement plans for the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, PW00-26. 10 Approval of the Plans and Specifications, and Authorization to Solicit Construction Bids for the Pavement Rehabilitation Program — Bridge Decks, PW12-16 RECOMMENDATION: 10.1 Approve the plans and specifications, and authorize the Department of Public Works to solicit construction bids for the Pavement Rehabilitation Program — Bridge Decks, PW12-16. 3 11 Amendments to Annual Agreements for various services required by the Public Works Street Maintenance Division for Fiscal Year 2013-14 RECOMMENDATION: Approve the following amendments to annual agreements in the amounts stated for Fiscal Year 2013-14 for routine street maintenance and emergency services for various Maintenance Division needs. General Contractor Services: Hardy & Harper $300,000 Wurm's Janitorial Services, Inc. $266,772 CalMat Co. d/b/a Vulcan Materials $100,000 Ryan Monteleone $ 75,000 Main Street Signs $ 75,000 TWM Roofing, Inc. $ 62,740 Marine Biochemist c/o Arch Chemicals, Inc. $ 56,800 Weed Abatement: Rene's Commercial Management $200,000 Tree Trimming: West Coast Arborists, Inc. $200,000 12 Second Amendment to Agreement with Siemens Industry, Inc. for On -Call Traffic Signal Maintenance Services RECOMMENDATION: 12.1 Approve the Second Amendment to the Agreement with Siemens Industry, Inc. for On -Call Traffic Signal Maintenance Services in the amount of $170,000. 13 First Amendment to Agreement with Southwest Traffic Systems, Inc. for Minor Maintenance Services RECOMMENDATION: 13.1 Approve the First Amendment to the Agreement with Southwest Traffic Systems, Inc. for Minor Maintenance Services in the amount of $100,000 for a total Agreement amount of $130,000. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 4 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 13-01 Resolution: No. CSD 13-03 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. CSD 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 Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 14 Action Minutes RECOMMENDATION: 14.1 Approve the action minutes of April 23, 2013. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS 5 CSD ADJOURNMENT Budget Workshop: Wednesday, May 22, 2013, at 10:00 AM, for the purpose of a Budget Workshop, Civic Center - Conference Center, 41000 Main Street, Temecula, California. Next regular meeting: Tuesday, May 28, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 6 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — no meeting TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 7 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. 15 Planning Application No. PA13-0078, an Appeal of the Planning Commission's approval of Planning Application Nos. PA12-0207 and PA12-0208, a Development Plan to allow for the construction of a 3,590 square foot McDonald's restaurant, and a Conditional Use Permit to allow for a drive-thru for the proposed McDonald's within an existing commercial center zoned Community Commercial (CC) at 30580 Rancho California Road RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA13-0078, AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NOS. PA12-0207 AND PA12-0208, A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF A 3,590 SQUARE FOOT MCDONALD'S, AND A CONDITIONAL USE PERMIT TO ALLOW FOR A DRIVE-THRU FOR THE PROPOSED MCDONALD'S WITHIN AN EXISTING COMMERCIAL CENTER ZONED COMMUNITY COMMERICAL (CC) LOCATED AT 30580 RANCHO CALIFORNIA ROAD (APN 921-700-002) CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Budget Workshop: Wednesday, May 22, 2013, at 10:00 AM, for the purpose of a Budget Workshop, Civic Center - Conference Center, 41000 Main Street, Temecula, California. Next regular meeting: Tuesday, May 28, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 8 NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. 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 viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694- 6444. 9 PRESENTATIONS The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends' the outstanding achievement of AnthonyAgbay of Troop #148 We congratulate Anthony for his achievement on receiving the rank of Eagle Scout. We are proud to present Anthony with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this fourteenth day of May, 2013. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk y - Nq�$�.iXP� Cpl mPA JP�wtV� WHEREAS, asthma constrict, causing wheezing, WHEREAS, asthma million people; and WHEREAS, asthma and school absenteeism; WHEREAS, each and WHEREAS, exposure WHEREAS, the reduce their exposures environmental controls NOW, THEREFORE, Temecula, hereby proclaim X _ i�1,It —IOV a.�sazaau^ i4;�vefi ' 1ICH HREN �p� �pBGPNn Nn�n � PJB The City of Temecula PROCLAMATION is a long-term, inflammatory disease in which the airways of the lungs breathlessness, chest tightness, and coughing; and has reached epidemic proportions in the United States, affecting almost 25 is one of the leading causes of childhood hospitalizations, long-term illness, and year, nearly two million people are rushed to the emergency room from asthma; to allergens and irritants can bring on an asthma episode; and U.S. Environmental Protection Agency encourages Americans to identify and to environmental triggers in homes and schools, and to incorporate into their asthma management plans. I, Michael S. Naggar, on behalf of the City Council of the City of the month of May, 2013, to be "Asthma Awareness Month" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this fourteenth day of May, 2013. aqz .. I Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula PROCLAMATION WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support and understanding and informed citizenry is vital to the efficient operation of public works systems and programs, such as roadway maintenance and repair, drainage facilities, graffiti removal, tree trimming, weed abatement, and special event assistance; and WHEREAS, the health, safety, and comfort of this community greatly depends on these services; and WHEREAS, the quality and effectiveness of these services, as well as their planning, design, and construction, is vitally dependent upon the efforts and skills of the public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments' is influenced by the people's attitude and understanding of the importance of the work they perform. NOW, THEREFORE, I, Michael S. Naggar, on behalf of the City Council of the City of Temecula, hereby proclaim the week of May 19 — 25, 2013, to be "National Public Works Week" "Creating a Lasting Impression" in the City of Temecula, and I encourage all citizens and civic organizations to acquaint themselves with the issues involved in providing public works services, and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this fourteenth day of May, 2013. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET APRIL 23, 2013 - 7:00 PM 6:00 P.M. - The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for the acquisition of the real property commonly known as 27499 Commerce Center Drive, Temecula, California, and identified as Assessor's Parcel Number 921-480-031 in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26. The negotiating parties are the City of Temecula and Jim and Terri McGill dba Ranch Muffler. The City's negotiators are Greg Butler and Amer Attar. The negotiators for the property owners are Jim and Terri McGill. Under negotiation are the price and terms of purchase. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding three parcels owned by Front St. - Service Station, L.P. consisting of approximately 1.194 acres (ARCO AM/PM) for the Interstate 15/State Route 79 South Ultimate Interchange, Project Number PW04-08. The subject properties are commonly known as 44987 Old Town Front Street, City of Temecula, California, and are identified as Riverside County Assessor's Parcel Numbers 922-210-057, 922-210-058, and 922-210-059. The negotiating parties are the City of Temecula and Front St. - Service Station, L.P.. The City negotiators are Greg Butler and Amer Attar. The negotiator for Front St. - Service Station, L.P. is Hagop Kofdarali, General Partner. Under negotiation are the price and terms of purchase. 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 6:00 P.M., Mayor Naggar called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Mike Naggar Prelude Music: Pauba Valley Elementary School 5th graders Invocation: Reverend Robert A. Nagy, Oblate OSB of Saint Thomas of Canterbury Episcopal Church Flag Salute: Matt Rahn ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar Action Minutes 042313 1 PRESENTATIONS/PROCLAMATIONS Certificate of Achievement to Rebecca Clossick for earning the Girl Scout Gold Award Mental Health Month Proclamation Travel and Tourism Week in Temecula Proclamation PUBLIC COMMENTS The following individuals addressed the City Council: • Scott Miller • Paul Jacobs • Nancy Murphy • Sharon Fullilove • Anne Slater • Richard Jacobsen • Gloria Jacobsen • David Compas • Harriet Doran • Tim Palmquist • Ed Elder • Cheryl Buettner/River Springs Charter School • Kira Clapp/River Spring Charter School • Diana Serafin • Kathy Lynch • Mark Katan • Ernie White • Craig Puma CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval, with Council Member Washington absent. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Action Minutes 042313 2 2 Action Minutes — Approved Staff Recommendation (3-0-1-1, Council Member Washington absent and Council Member Comerchero abstaining) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval, with Council Member Washington absent and Council Member Comerchero abstained as he did not attend the April 9, 2013 City Council meeting. RECOMMENDATION: 2.1 Approve the action minutes of April 9, 2013. 3 List of Demands — Approved Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval, with Council Member Washington absent. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approval of Plans and Specifications, and Authorization to Solicit Construction Bids for the Temecula Community Center Renovation Project, PW12-01 — Approved Staff Recommendation (3-0-1-1, Council Member Washington absent and Council Member Edwards abstained) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with Council Member Washington absent and Council Member Edwards abstaining due to the TCC being within 500 feet of her employer, the Boys and Girls Club of Southwest Riverside County. The item was not removed from the Consent Calendar and Council Member Edwards did not leave the dais pursuant to Fair Political Practices Regulation Section 18702.5. RECOMMENDATION: 4.1 Approve the plans and specifications, and authorize the Department of Public Works to solicit construction bids for the Temecula Community Center Renovation Project, PW12-01; 4.2 Make a finding that this work is exempt from California Environmental Quality Act (CEQA) pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 5 Approval of Plans and Specifications, and Authorization to Solicit Construction Bids for the Old Town Temecula Community Theater Remediation Project, PW12-04 — Approved Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval, with Council Member Washington absent. Action Minutes 042313 3 RECOMMENDATION: 5.1 Approve the plans and specifications, and authorize the Department of Public Works to solicit construction bids for the Old Town Temecula Community Theater Remediation Project, PW12-04; 5.2 Make a finding that this work is exempt from California Environmental Quality Act (CEQA) pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. The following individual addressed the City Council on this item: • Ernie White 6 Payment of the City of Temecula's share of the Regional Municipal Stormwater Permit for the Santa Margarita Watershed for Fiscal Year 2012-13 — Approved Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval, with Council Member Washington absent. RECOMMENDATION: 6.1 Approve payment to Riverside County Flood Control District (RCFCD) in the amount of $542,076.48, which is the City of Temecula's portion of the cost- sharing reimbursement pursuant to the Implementation Agreement between the permittees of the Santa Margarita Watershed (SMW). 7 Approval of Plans and Specifications, and Authorization to Solicit Bids for Citywide Repainting of Traffic Striping — Approved Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval, with Council Member Washington absent. RECOMMENDATION: 7.1 Approve the plans and specifications, and authorize the Department of Public Works to solicit bids for Citywide Repainting of Traffic Striping; 7.2 Make a finding that this work is exempt from California Environmental Quality Act (CEQA) pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. The following individual addressed the City Council on this item: • Paul Jacobs 8 Support of the Governor's Commitment to Lake Perris and the Lake Perris State Recreation Area, and urging other Cities in Southern California to do the same (at the request of Mayor Naggar) — Continued off calendar. Action Minutes 042313 4 RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE GOVERNOR'S COMMITMENT TO LAKE PERRIS AND THE LAKE PERRIS STATE RECREATION AREA, AND URGING OTHER CITIES IN SOUTHERN CALIFORNIA TO DO THE SAME The following individuals addressed the City Council on this item: • Mark Yarbrough • Paul Jacobs 9 Second reading of Ordinance No. 13-03 — Approved Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval, with Council Member Washington absent. RECOMMENDATION: 9.1 Adopt an ordinance entitled: ORDINANCE NO. 13-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO DEFINE CERTAIN HOUSING -RELATED TERMS, DESIGNATE ZONING DISTRICTS FOR RESIDENTIAL CARE FACILITIES, TRANSITIONAL, SUPPORTIVE, AND EFFICIENCY UNIT HOUSING, AND ESTABLISH DEVELOPMENT STANDARDS FOR EFFICIENCY UNIT HOUSING (LONG RANGE PLANNING PROJECT NO. LR12-0013) The following individual addressed the City Council on this item: • Ernie White 10 Second reading of Ordinance No. 13-04 — Approved Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval, with Council Member Washington absent. Action Minutes 042313 5 RECOMMENDATION: 10.1 Adopt an ordinance entitled: ORDINANCE NO. 13-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND ASHBY USA, LLC" AND MAKE FINDINGS RELATED THERETO 11 Second reading of Ordinance No. 13-05 — Approved Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval, with Council Member Washington absent. RECOMMENDATION: 11.1 Adopt an ordinance entitled: ORDINANCE NO. 13-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING IN ITS ENTIRETY CHAPTER 15.12 (FLOOD DAMAGE PREVENTION REGULATIONS) OF TITLE 15 TO MAKE CONSISTENT WITH THE LATEST EDITION OF THE CALIFORNIA FLOODPLAIN MANAGEMENT MODEL ORDINANCE FOR NONCOASTAL COMMUNITIES AND TO MAKE OTHER MINOR REVISIONS RECESS At 8:18 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting. At 8:31 P.M., the City Council resumed with the remainder of the Public Comments and the Consent Calendar. PUBLIC HEARING 14 Approval of the 2013-2014 Annual Action Plan which includes the Community Development Block Grant (CDBG) funding recommendations for Fiscal Year 2013-14 — Approved Staff Recommendation (3-0-2, Council Member Washington and Council Member Edwards absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with Council Member Edwards removing herself from the Chambers and Council Member Washington absent. Council Member Edwards did not participate in the Council's discussion or the vote on this matter and was not present in the Council Chamber during the public hearing and consideration of this matter. Council Member Edwards is the Executive Director of the Boys and Girl's Club of Southwest County, an IRS 501(c)(3) tax exempt organization serving the applicable communities that will be a participant in the funding and is near the Temecula Community Center, one of the funded public facilities." Action Minutes 042313 6 RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 13-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE 2013-2014 ANNUAL ACTION PLAN AS AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR FUNDING UNDER THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, INCLUDING THE PROPOSED USE OF FUNDS FOR FISCAL YEAR 2013-14 By way of a Power Point presentation, Senior Planner, Luke Watson presented the staff report as per agenda material. CITY COUNCIL BUSINESS 15 Resolution in Support of Establishing a "Larry Robinson Murder Reward Fund" (at the request of Mayor Naggar) — Approved Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval, with Council Member Washington absent. RECOMMENDATION: 15.1 Approve Larry Robinson Reward Fund Revenue in the amount of $25,000; 15.2 Approve a budget appropriation in the amount of $25,000 from General Fund balance unassigned; 15.3 Adopt a resolution entitled: RESOLUTION NO. 13-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ESTABLISHMENT AND DISTRIBUTION OF A REWARD FUND FOR PERSONS WHO FURNISH INFORMATION LEADING TO THE ARREST AND CONVICTION OF THE PERSON OR PERSONS WHO CAUSED THE DEATH OF LARRY ROBINSON ON MARCH 22, 2013 The following individuals addressed the City Council on this item: • Tim Cash • Linda McDonald Action Minutes 042313 7 DEPARTMENTAL REPORTS 16 Community Development Department Monthly Report 17 City Council Travel/Conference Report -March 2013 18 Public Works Department Monthly Reports CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 9:13 P.M., the City Council meeting was formally adjourned to Tuesday, May 14, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes 042313 8 Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: May 14, 2013 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Shafe, Accounting Specialist RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- 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: 1. Resolution 2. List of Demands RESOLUTION NO. 13- 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 $7,636,087.07. 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 14th day of May, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of May, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 04/11/2013 TOTAL CHECK RUN $ 5,511,030.88 04/18/2013 TOTAL CHECK RUN 785,007.29 04/25/2013 TOTAL CHECK RUN 515,272.84 04/11/2013 TOTAL PAYROLL RUN: 431,817.44 04/25/2013 TOTAL PAYROLL RUN: 392,958.62 TOTAL LIST OF DEMANDS FOR 05/14/2013 COUNCIL MEETING: $ 7,636,087.07 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 4,273,938.30 135 BUSINESS INCUBATOR RESOURCE 3,429.68 140 COMMUNITY DEV BLOCK GRANT 858.30 150 AB 2766 FUND 1,678.74 165 SARDA AFFORDABLE HOUSING 16,426.89 190 TEMECULA COMMUNITY SERVICES DISTRICT 274,059.36 192 TCSD SERVICE LEVEL B 80,356.46 194 TCSD SERVICE LEVEL D 2,618.67 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 11,813.22 197 TEMECULA LIBRARY FUND 17,023.55 210 CAPITAL IMPROVEMENT PROJECTS FUND 786,551.62 300 INSURANCE FUND 7,274.08 310 VEHICLES FUND 23,754.60 320 INFORMATION TECHNOLOGY 83,337.69 330 SUPPORT SERVICES 7,804.50 340 FACILITIES 30,249.18 375 SUMMER YOUTH EMPLOYMENT PROGRAM 445.16 380 SARDA DEBT SERVICE FUND 1,080,262.00 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 14,236.88 477 CFD- RORIPAUGH 625.00 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 1,967.59 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,832.91 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 2,331.64 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 778.59 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 3,347.29 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 1,256.88 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 1,054.54 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 6,035.45 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 745.73 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 1,035.04 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 92.88 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,530.56 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,854.71 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 785.86 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 675.89 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 1,779.19 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 84.01 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 4,862.36 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,405.16 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 5,881.11 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 15,371.19 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 245.22 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 370.82 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 7,242.09 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 3,500.14 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 56.22 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 602.26 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 19,425.15 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 126.65 700 CERBT CALIFORNIA EE RETIREE-GASB45 5,290.00 $ 6,811,311.01 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 527,145.28 140 COMMUNITY DEV BLOCK GRANT 50.38 165 SARDA AFFORDABLE HOUSING 13,249.65 190 TEMECULA COMMUNITY SERVICES DISTRICT 177,220.30 192 TCSD SERVICE LEVEL B 475.04 194 TCSD SERVICE LEVEL D 5,489.68 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 863.81 197 TEMECULA LIBRARY FUND 2,165.15 300 INSURANCE FUND 1,767.20 320 INFORMATION TECHNOLOGY 35,291.06 330 SUPPORT SERVICES 8,326.84 340 FACILITIES 19,900.02 375 SUMMER YOUTH EMPLOYMENT PROGRAM 3,080.61 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 163.30 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 109.48 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 130.19 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 23.76 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 263.85 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 47.79 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 67.78 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 447.84 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 4.54 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 20.17 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 13.80 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 299.07 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 63.82 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 36.75 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 32.26 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 74.34 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 6.56 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 276.87 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 148.29 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 401.70 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 679.40 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 16.29 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 17.90 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 382.23 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 123.10 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 5.69 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 17.90 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 563.41 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 7.47 700 CERBT CALIFORNIA EE RETIREE-GASB45 25,305.49 824,776.06 TOTAL BY FUND: $ 7,636,087.07 apChkLst Final Check List Page: 1 04/11/2013 12:13:28PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 2143 04/09/2013 000621 WESTERN RIVERSIDE COUNCIL OF 2144 04/03/2013 015732 OLD REPUBLIC TITLE COMPANY 2145 04/11/2013 010349 CALIF DEPT OF CHILD SUPPORT 2146 04/11/2013 000245 PERS-HEALTH INSUR PREMIUM Description Amount Paid Check Total Mar '13 TUMF Payment 168,237.00 168,237.00 Funding to escrow:Summerhouse Dev. 1,080,262.00 1,080,262.00 Support Payment 1,788.91 1,788.91 PERS Health Admin Cost Payment 90,198.20 Blue Shield Access+ Payment 0.00 90,198.20 2147 04/11/2013 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 3,145.42 3,145.42 SOLUTION 2148 04/11/2013 000283 INSTATAX (IRS) Federal Income Taxes Payment 84,677.54 84,677.54 2149 04/11/2013 000444 INSTATAX (EDD) State Disability Ins Payment 23,983.42 23,983.42 2150 04/11/2013 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 5,480.89 5,480.89 2152 04/11/2013 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 14,168.62 14,168.62 SOLUTION 2153 04/11/2013 000194 I C M A RETIREMENT -PLAN I C M A Retirement Trust 457 Payment 6,149.75 6,149.75 303355 157618 04/11/2013 003552 AFLAC AFLAC Cancer Payment 2,265.86 2,265.86 157619 04/11/2013 004973 ABACHERLI, LIN DI TCSD instructor earnings 595.00 595.00 157620 04/11/2013 000747 AMERICAN PLANNING Planning publications:zoning 95.00 95.00 ASSOCIATION 157621 04/11/2013 004040 BIG FOOT GRAPHICS TCSD instructor earnings 1,370.25 1,370.25 157622 04/11/2013 001035 C R & R INC Apr trash hauling services 256.74 256.74 157623 04/11/2013 014273 CALIFORNIA PROPERTY RELOCATION SVCS:MU RR CRK 840.00 BRIDGE/OVERLND RELOCATION SVCS:OVERLAND DR EXT 1,837.50 157624 04/11/2013 010514 CAMPINI'S ITALIAN DELI Refreshments:CERTtmg 4/14 672.50 2,677.50 672.50 Pagel apChkLst Final Check List Page: 2 04/11/2013 12:13:28PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157625 04/11/2013 004971 CANON FINANCIAL SERVICES, APR COPIER LEASES:CIVIC CENTER INC 157626 04/11/2013 015759 CHAPARALL HIGH SCHOOL REFUND:SEC DEP:RM RENTAL:CONF EDUCATIO CTR 157627 04/11/2013 014726 CHAPTER 13 STANDING TRUSTEE 157628 04/11/2013 015729 CHAVES, MONIQUE 157629 04/11/2013 004405 COMMUNITY HEALTH CHARITIES 157630 04/11/2013 013286 CONN EXON TELECOM INC 157631 04/11/2013 001264 COSTCO WHOLESALE 157632 04/11/2013 014501 COUNTYWIDE MECHANICAL SYSTEMS 157633 04/11/2013 013379 COUSSOU, CELINE 157634 04/11/2013 010650 CRAFTSMEN PLUMBING & HVAC INC 157635 04/11/2013 015535 DEMARCO, ROSALIE 3,004.54 3,004.54 150.00 150.00 SUPPORT PMT 182.77 182.77 refund:lost materials:Library 16.99 16.99 Community Health Charities Payment 44.00 44.00 Mar Enterprise 911 svc:IT 250.00 250.00 MISC SUPPLIES:SPECIAL NEEDS & SKIP MISC SUPPLIES:SPECIAL NEEDS & SKIP MISC SUPPLIES:HIGH HOPES PGRM MISC SUPPLIES:SPECIAL NEEDS & SKIP 231.23 154.49 86.38 183.54 655.64 replace smoke detector:OT prkg garage 501.76 501.76 TCSD Instructor Eamings 672.00 672.00 STAGE IMPROVEMENTS: CRC 7,280.00 7,280.00 TCSD Instructor Eamings TCSD Instructor Eamings 157636 04/11/2013 015753 DOMINE, JANICE REFUND:SEC DEP:RM RENTAL:CRC 157637 04/11/2013 002390 EASTERN MUNICIPAL WATER DIST 175.00 315.00 490.00 200.00 200.00 Mar water meter:32131 S Loop Rd bldg 83.69 Mar water meter:32131 S Loop rd dcda 42.00 Mar water meter:32131 S Loop rd dcda 83.69 209.38 157638 04/11/2013 004829 ELLISON WILSON ADVOCACY APR LEGISLATIVE CNSLT SVCS: CM 3,500.00 3,500.00 LLC 157639 04/11/2013 011202 EMH SPORTS USA, INC TCSD instructor earnings 654.50 654.50 Page2 apChkLst 04/11/2013 12:13:28PM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 157641 04/11/2013 001056 EXCEL LANDSCAPE 157642 04/11/2013 003053 FAGAN, MATTHEW 157643 04/11/2013 000165 FEDERAL EXPRESS INC 157644 04/11/2013 003347 007527 015496 001256 006942 001256 FIRST BANKCARD CENTER RUTH'S CHRIS STEAK HOUSE SAN DIEGO AIRPORT PARKING MARRIOTT HOTEL ONTARIO AIRPORT MARRIOTT HOTEL (Continued) Description Amount Paid Check Total LDSCP MAINT SRVCS: VAR CITY FACILITIES Idscp maint srvcs:margarita streetscape misc irrigation repairs:various parks misc irrigation repairs:various parks misc irrigation repairs:various parks Indscp maint:temeku hills comm park IRRIG REPAIR:WOODCREST COUNTRY: irrigation repairs: various slopes irrigation repairs: various slopes- misc irrigation repairs:various parks misc irrigation repairs:various parks misc irrigation repairs:various parks misc irrigation repairs:various parks misc irrigation repairs:various parks misc irrigation repairs:various parks upgraded irrigation install: var slopes install irrigation sys:serena hills upgrade irrigation sys:vail ranch slope LDSCP MAINT SRVCS:VAR PW LDSCP S Idscp maint srvcs:var pw Idscp sites Idscp maint srvcs:pw north slopes misc irrigation repairs:various parks misc irrigation repairs:various parks misc irrigation repairs:various parks misc irrigation repairs:various parks irrig syst for grant trees:vail ranch upgraded irrigation install: var slopes Idscp planting srvcs:wolf creek slope misc irrigation repairs:various parks misc irrigation repairs:various parks LDSCP MAINT SVCS:VAR PW LDSCP SIT LDSCP MAINT SRVCS:PW SOUTH SLOPE Performance:art show at Merc 3/8 Jan -Feb Express mail services RR meal:2013 NLC Conf:DC 3/9-13 RR Prkg:2013 NLC Conf: DC 3/9-13 JC Ht1:2013 NLC Conf:DC 3/12-14 JC Prkg:2013 NLC Conf:DC 3/12-14 RR Ht1:2013 NLC Conf: DC 3/9-13 9,443.13 600.00 292.47 503.09 191.89 680.00 166.46 399.32 296.36 611.70 153.01 104.50 372.68 343.83 271.19 980.00 840.00 1,050.00 47,825.10 50,935.88 19,749.97 374.12 278.53 165.85 325.40 1,050.00 595.00 3,920.00 264.27 105.59 17,994.70 34,844.87 125.00 495.95 153.45 140.00 937.29 72.00 1,172.48 195,728.91 125.00 495.95 2,475.22 Pages apChkLst Final Check List Page: 4 04/11/2013 12:13:28PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157645 04/11/2013 014819 FLATIRON WEST, INC. MAR CONST:FRENCH VALLEY PKWY 383,849.82 383,849.82 157646 04/11/2013 010183 FOLKMANIS INC EXHIBIT ITEMS:HISTORY MUSEUM 128.82 128.82 157647 04/11/2013 003633 FOOTHILL EASTERN Jul '12 -Feb' 13 toll roads usage:var. 115.10 115.10 TRANSPORTN. 157648 04/11/2013 002982 FRANCHISE TAX BOARD SUPPORT PMT 135.00 135.00 157649 04/11/2013 002982 FRANCHISE TAX BOARD Support Payment 3.43 3.43 157650 04/11/2013 015557 GALLIM DANCE COMPANY, Reimb. CA non-resident withholding 1,057.00 1,057.00 INC. 157651 04/11/2013 015754 GAMBLE, TRACY refund:sec dep:rm rental:confctr 150.00 150.00 157652 04/11/2013 013552 GANDS PRODUCTIONS LLC Settlement:Country...Merc 4/6 855.75 855.75 157653 04/11/2013 015451 GREATAMERICA FINANCIAL APR COPIER LEASES:CIVIC CENTER 289.44 SVCS APR COPIER LEASES:CIVIC CTR/TVE2 1,341.70 1,631.14 157654 04/11/2013 015730 HAHN, DYANNA refund:sec dep:rm rental:harveston 200.00 200.00 157655 04/11/2013 014474 HANNAH-MEISTRELL, KENDRA Reimb:team pace easter eggs 112.82 112.82 157656 04/11/2013 013749 HELIXSTORM INC. tech consulting srvcs:info tech dept 1,554.00 1,554.00 157657 04/11/2013 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Eamings 1,050.00 TCSD Instructor Eamings 262.50 1,312.50 157658 04/11/2013 010210 HOME DEPOT SUPPLY INC, misc maint supplies:civic center 306.77 306.77 TH E 157659 04/11/2013 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 80.00 80.00 157660 04/11/2013 013200 JAROTH INC APR PAY PHONES:DUCK 212.64 212.64 POND,LIBRARY,CRC 157661 04/11/2013 015758 JONES, SHELLEY refund:Bigfoot-cartooning 1140.102 50.00 50.00 157662 04/11/2013 015236 JUAN POLLO#24 refreshments:CERTtrng 4/13 329.38 329.38 Page4 apChkLst Final Check List Page: 5 04/11/2013 12:13:28PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157663 04/11/2013 000209 L & M FERTILIZER INC misc equip parts: pw street maint 94.77 94.77 157664 04/11/2013 011321 LABOR LAW CENTER INC Employment law posters:HR 254.57 254.57 157665 04/11/2013 013879 LAKESHORE LEARNING misc supplies:tiny tot pgrm 34.05 34.05 MATERIALS 157666 04/11/2013 004813 M & J PAUL ENTERPRISES INC INFLATABLE FOR SPECIAL GAMES 155.00 155.00 157667 04/11/2013 014431 MARTLAND, BETTE B TCSD Instructor Eamings 196.00 196.00 157668 04/11/2013 015760 MCCOY, THEODORE refund:sec dep:rm rental:harveston 150.00 150.00 157669 04/11/2013 003076 MET LIFE INSURANCE MetLife Dental Insurance Payment 7,545.34 7,545.34 COMPANY 157670 04/11/2013 009541 MEYER AND ASSOCIATES Mar Theater remediation:PW CIP 69,091.00 69,091.00 157671 04/11/2013 015756 MOUNTAINVIEW COMMUNITY REFUND:SEC DEP:RRSP 200.00 200.00 CHURCH 157672 04/11/2013 002925 NAPA AUTO PARTS MISC AUTO PARTS &SUPPLIES:STA 10.80 10.80 84 157673 04/11/2013 015751 NEWMAN, AMY refund:sec dep:rm rental:harveston 150.00 150.00 157674 04/11/2013 015643 NORTHWEST PROF. DANCE Theater performance: 4/26-27 13,950.00 13,950.00 PROJECT 157675 04/11/2013 003964 OFFICE DEPOT BUSINESS SVS PRINTINGSRVCS:CITY COUNCIL 58.34 DIV 157676 04/11/2013 002105 OLD TOWN TIRE &SERVICE OFFICE SUPPLIES:TCSDADMIN/HUMAN 131.70 Misc office supplies:police mall office 137.94 327.98 City Vehicle Maint Svcs:Parks Maint 76.00 City Vehicle Maint Svcs:Parks Maint 157677 04/11/2013 001171 ORIENTAL TRADING COMPANY Misc supplies: Children's Museum INC 157678 04/11/2013 005656 PAPA Pesticide Seminar 5/16 S. Fox 157679 04/11/2013 003663 PECHANGA BAND OF LUISENO 1/28-2/22 tribal monitoring:btrfld stage 139.09 215.09 142.99 142.99 80.00 80.00 11,265.83 11,265.83 Pages apChkLst Final Check List Page: 6 04/11/2013 12:13:28PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157680 04/11/2013 005820 PRE -PAID LEGAL SERVICES PrePaid Legal Services Payment INC 179.40 179.40 157681 04/11/2013 005075 PRUDENTIAL OVERALL Mar uniform/flrmats/tvAs:Cityfacs 1,170.55 SUPPLY MAR UNIFORM/FLR MATS/TWLS:TVE2/P, 770.45 1,941.00 157682 04/11/2013 000262 RANCHO CALIF WATER Mar var water meters:TCSD svc lev C 19,473.72 DISTRICT Mar var water meters: PW 169.73 Mar various water meters:PW 629.40 Mar water meters: various Fire Stns 545.42 Mar various water meters:PW 572.12 Mar various water meters:PW 750.38 Mar various water meters:PW 2,437.07 Mar various water meters:PW 185.98 Mar water meter:28640 Pujol St 8.04 24,771.86 157683 04/11/2013 009725 RAZAVI, MANDIS TCSD Instructor Eamings 862.40 862.40 157684 04/11/2013 002412 RICHARDS WATSON & Feb 2013 legal services 96,051.00 96,051.00 GERSHON 157685 04/11/2013 000406 RIVERSIDE CO SHERIFFS 01/10/13-02/06/13:law enforcement 1,509,460.00 DEPT 12/13/12-01/09/13:law enforcement 1,510,086.96 3,019,546.96 157686 04/11/2013 000873 ROBERTS, RONALD H. Reimb:2013 NLC Conf:DC 3/9-13 232.26 232.26 157687 04/11/2013 008866 RYAN, PATRICK Reimb:Fire inspectortmg 3/18-22 182.33 182.33 157688 04/11/2013 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 821.31 821.31 157689 04/11/2013 008529 SHERIFFS CIVIL DIV- SUPPORT PMT 300.00 300.00 CENTRAL 157690 04/11/2013 008529 SHERIFFS CIVIL DIV- SUPPORT PMT 100.00 100.00 CENTRAL 157691 04/11/2013 009213 SHERRY BERRY MUSIC Jazz © the Merc 04/04/13 571.00 571.00 Pages apChkLst Final Check List Page: 7 04/11/2013 12:13:28PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157692 04/11/2013 009746 SIGNS BYTOMORROW Description Amount Paid Check Total Public ntc posting 4/09 xx-0122:planning business licenses sign: civic center Public ntc posting xx-0207/08:planning Update banners:Egg Hunt event Public ntc posting 3/20 xx-0122:planning Public ntc posting xx-0275-77:planning Public ntc posting xx-0127:planning Public ntc posting xx-0023:planning Public ntc posting xx-0016:planning Public ntc posting xx-0190-91:planning Public ntc posting xx-0275-77:planning 157693 04/11/2013 000645 SMART & FINAL INC Misc supplies: egg hunt event 157694 04/11/2013 000537 SO CALIF EDISON 157695 04/11/2013 001212 SO CALIF GAS COMPANY 157696 04/11/2013 014783 SOFTRESOURCES, LLC 157697 04/11/2013 015731 SOUTHWEST RIVERSIDE INTERFAITH 157698 04/11/2013 004163 SPORTS CHALET 157702 04/11/2013 007762 STANDARD INSURANCE COMPANY Mar 2-27-805-3194:42051 Main St Mar 2-00-397-5042:43200 bus pk dr #1 Mar 2-30-520-4414:32781 Tem pkwy LS3 Mar 2-29-295-3510:32211 Wolf vly rd Mar 2-02-502-8077:43210 Business Prk Mar 2-31-536-3226:28690 Mercedes Mar 2-28-629-0507:30600 Pauba Rd Mar 2-35-421-1260:41955 4th St LS3 Mar 2-29-953-8082:31523 Wolf vly rd Mar 2-29-657-2332:45538 Redwood Mar 2-30-220-8749:45850 N Wolf crk dr Mar 2-31-404-6020:28771 OT front st Mar 2-29-953-8447:31738 Wolf vly rd Mar 2-29-458-7548:32000 Rancho cal Mar 2-29-657-2563:42902 Butterfield Mar 2-29-953-8249:46497 Wolf crk dr Mar 2-31-936-3511:46488 Pechanga 444.60 100.00 296.40 152.36 444.60 444.60 148.20 148.20 148.20 296.40 163.95 2,787.51 1,609.57 1,609.57 3,111.39 1,852.96 1,051.22 674.80 413.49 1,458.50 5,733.31 6.66 26.35 24.07 477.57 1,290.71 23.92 314.17 195.43 25.64 48.28 16,728.47 Mar 055-461-2483-4:40135 Village rd 89.14 Mar 117-188-6393-6:32131 S Loop rd 42.83 Mar 101-525-1560-6:27415 Enterprise cir 195.97 Mar 091-085-1632-0:41951 Moraga rd 20.44 348.38 Mar consultant srvcs:new permit sys 2,100.00 2,100.00 Refund: security depositftheater 500.00 500.00 Softballs:sports pgrm adult league 4,657.50 4,657.50 Mandatory Life Insurance Payment 8,569.19 8,569.19 Page:7 apChkLst Final Check List Page: 8 04/11/2013 12:13:28PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157703 04/11/2013 012723 STANDARD INSURANCE Voluntary Supp Life Insurance Payment 735.60 735.60 COMPANY 157704 04/11/2013 003000 STATE WATER RESOURCES Storm water permit:F.V. Pkwy Intrchg ph 1,008.00 1,008.00 157705 04/11/2013 014420 STEVE SPANGLER, INC. Misc. supplies:Children's Museum 253.64 253.64 157706 04/11/2013 011897 TAG/AMS INC Mar DOT screening srvcs:HR 190.00 190.00 157707 04/11/2013 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,377.00 4,377.00 157708 04/11/2013 000168 TEMECULA FLOWER CORRAL Sunshine fund 135.95 Sunshine fund 157.55 293.50 157709 04/11/2013 003677 TEMECULA MOTORSPORTS LLC 157710 04/11/2013 008379 THEATER FOUNDATION, THE 157711 04/11/2013 010276 TIME WARNER CABLE 157712 04/11/2013 000319 TOMARK SPORTS INC Motorcycle repair/maint:Tem.P.D. 160.20 Motorcycle repair/maint:Tem.P.D. Motorcycle repair/maint:Tem.P.D. Motorcycle repair/maint:Tem.P.D. Motorcycle repair/maint:Tem.P.D. Readers Theatre in The Merc 2/27 50.26 729.47 428.32 50.26 1,418.51 147.00 147.00 Apr high speed intemet:40135 Village Rd 235.47 Apr high speed intemet:42081 Main st 61.03 296.50 Sports equip: Sports Prgm w/s 2013 4,500.00 Sports equip: Sports Prgm w/s 2013 3,679.40 8,179.40 157713 04/11/2013 015059 TRAMES SOLUTIONS, INC. Traffic study: iShine learning ctr 4,800.00 4,800.00 157714 04/11/2013 012344 TRANSPORTATION CONCEPTS Shuttle services:Rod Run 2013 2,976.00 2,976.00 157715 04/11/2013 015752 TRIBBLE, LESLIE partial refund:sec dep:rental:harveston 355.00 355.00 157716 04/11/2013 015755 TVHS BACKCOURT BEARS REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 157717 04/11/2013 000161 TYLER TECHNOLOGIES, INC 01/01/13-12/31/13 Eden software maint 38,025.97 38,025.97 157718 04/11/2013 000325 UNITED WAY United Way Charities Payment 25.00 25.00 157719 04/11/2013 015757 VARVELLO, SHANNON refund:Soccer skills 2204.103 105.00 105.00 Pages apChkLst Final Check List Page: 9 04/11/2013 12:13:28PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157720 04/11/2013 004789 VERIZON Mar Internet svcs:SW DSL:PD:Jones,C. 39.95 39.95 157721 04/11/2013 008402 WESTERN RIVERSIDE Mar '13 MSHCP payment 33,507.00 33,507.00 COUNTY 157722 04/11/2013 015761 WILEY, GAIL refund:sec dep:rm rental:harverston 200.00 200.00 157723 04/11/2013 014781 WILLIAMS ARCHITECTS, INC. DESIGN SRVCS: TCC 4,400.00 4,400.00 157724 04/11/2013 015749 WOODSIDE GROUP OF SO refund:eng grad dep:LD11-016GR 4,640.00 4,640.00 C LAIFORN I 157725 04/11/2013 009512 WURMS JANITORIAL Apr janitorial srvcs: pd civic center 242.25 SERVICES, INC 999318 03/04/2013 015710 ADAMSON, GWEN 999319 03/04/2013 015711 AMAND, SANDRA 999320 03/04/2013 015712 AVERY, ALISA 999321 03/04/2013 015713 BARNES, JANE 999322 03/04/2013 015714 HEREDIA, LEA 999323 03/04/2013 015606 HOLMES, HALETA 999324 03/04/2013 015715 HUNT, ALANA 999325 03/04/2013 015716 LITTERAL, REBECCA 999326 03/04/2013 015717 LOONEY, LISA 999327 03/04/2013 015718 MATTHEWS, DAVID 999328 03/04/2013 015719 MORING, KRISTIN Apr janitorial srvcs: var city 18,999.51 Apr janitorial srvcs: tve2 refund:sec dep:rm rental:harveston partial refund:sec dep:rm refund:The little mermaid 8570.101 refund:Boot camp...kick 3551.104 refund:sec dep:rm rental:harveston refund:senior excursion 4100.101 refund:photoshop fund 1148.101 refund:CPR/AED 8250.105 refund:The little mermaid 8570.101 refund:bear cub univ 4005.102 refund:The little mermaid 8570.101 781.71 20,023.47 200.00 200.00 150.00 150.00 152.00 152.00 44.00 44.00 200.00 200.00 20.00 20.00 142.00 142.00 32.00 32.00 152.00 152.00 98.00 98.00 152.00 152.00 Page9 apChkLst Final Check List Page: 10 04/11/2013 12:13:28PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 999329 03/04/2013 015720 MURRAY, JUDITH refund:ballroom dance 3200.104 44.80 44.80 999330 03/04/2013 015721 POULTON, JEFF refund:rm rental:Library 35.00 35.00 999331 03/04/2013 015722 ROWLEY, MATTHEW & CARRIE refund:bigfoot's starry night 1260.102 40.00 40.00 999332 03/04/2013 015723 RUBIO, JUAN refund:first aid 8300.102 40.00 40.00 999333 03/04/2013 015027 SERRAINO, SARAH refund:Hawaiian tahitian dance 1208.101 30.00 30.00 999334 03/04/2013 015724 SIMS, SHANNON refund:Desserts wkshop 1011.101 29.60 29.60 999335 03/04/2013 015725 VITO, DITAS refund:The little mermaid 8570.101 190.00 190.00 999336 03/04/2013 015726 WHITE, GAIL refund:sec dep:rm rental:harveston 200.00 200.00 999337 03/04/2013 015727 WRIGHT, LESLIE refund:flavors ofspain 1016.102 72.00 72.00 999338 03/04/2013 015728 TELLE, BARBARA refund:lost library materials 18.95 18.95 999339 03/18/2013 015734 BENITEZ, DAVID refund:Art &the young woman 55.00 55.00 999340 03/18/2013 015735 BILLUPS, AMY refund:Intro to wordprocessing 50.00 50.00 999341 03/18/2013 008578 BUNTEN, SHERRY refund:Wonders! science 1892.103 52.00 52.00 999342 03/18/2013 015736 DEKOEKKOEK, RUTH refund:Health care prov 8200.102 104.00 104.00 999343 03/18/2013 015737 DU, MARITES refund:Zumba! 1750.102 20.00 20.00 999344 03/18/2013 015738 FRANKENBERGER, CHRIS partial refund:sec dep:rental:harveston 118.00 118.00 999345 03/18/2013 015739 FUKUDA, NINA refund:Lifeguard trng 5002.404 175.00 175.00 999346 03/18/2013 015740 HAWKES, NADINE refund:Zumba! 1750.102 20.00 20.00 Page:10 apChkLst Final Check List Page: 11 04/11/2013 12:13:28PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 999347 03/18/2013 015741 HANNAH, VANESSA 999348 03/18/2013 015742 KALUZA, SAMANTHA 999349 03/18/2013 015743 KEMPER, MARY 999350 03/18/2013 015744 KIM, HYUN 999351 03/18/2013 015744 KIM, HYUN 999352 03/18/2013 015745 MARTINEZ, LUZ 999353 03/18/2013 015746 PEREZ, BENITO 999354 03/18/2013 015747 PERRY, SAMANTHA 999355 03/18/2013 015748 SNYDER-NEWMAN, DIANNE Description Amount Paid Check Total refund:Tiny tots - Fabulous 4 & 5's refund:picnic rental:Temeku hills park refund:Lifeguard trng 5002.404 refund:Tiny tumble & dance 1900.102 refund:Tiny tumble & dance 1900.102 refund:Intro to wordprocessing refund:Zumba! 1750.102 partial refund:sec dep:rental:harveston refund:Lifeguard trng 5002.404 51.00 51.00 48.00 48.00 175.00 175.00 41.00 41.00 19.00 19.00 50.00 50.00 20.00 20.00 150.00 150.00 175.00 175.00 Grand total for UNION BANK OF CALIFORNIA: 5,511,030.88 Pagel 1 apChkLst Final Check List Page: 12 04/11/2013 12:13:28PM CITY OF TEMECULA 152 checks in this report. Grand Total All Checks. 5,511,030.88 Page:12 apChkLst Final Check List Page: 1 04/18/2013 10:06:39AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2151 04/11/2013 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 136,237.69 136,237.69 RETIREMENT) 2154 04/17/2013 000166 FIRST AMERICAN TITLE pmt roadway easements:MWD agmint 5,480.00 5,480.00 COMPANY 157726 04/15/2013 002185 POSTMASTER Postage: tcsd summer' 13 rec guide 7,665.67 7,665.67 157727 04/18/2013 013367 ACTIVE MICRO INC MISC TOOLS & EQUIP:PW TRAFFIC 553.41 553.41 DIV 157728 04/18/2013 006915 ALLIES PARTY EQUIPMENT rentals for special events:Easter 130.01 130.01 157729 04/18/2013 012943 ALPHA MECHANICAL SERVICE HVAC PREV MAINT SVCS: LIBRARY 729.00 INC HVAC PREV MAINT SRVCS:CRC 157730 04/18/2013 013015 ALWAYS RELIABLE BACKFLOW backflow repair srvcs: var medians backflow repair srvcs: var medians backflow repair srvcs: wolf crk slope credit billing adj:calc error:inv#41513 backflow testing srvcs: various slopes backflow repairs: various slopes 157731 04/18/2013 000747 AMERICAN PLANNING 13/14APA mb: Peters, Matt ASSOCIATION 157732 04/18/2013 001323 ARROWHEAD WATER INC 157733 04/18/2013 011961 AT&T MOBILITY 800.00 1,529.00 870.50 1,480.00 394.00 -2.00 50.00 2,761.00 5,553.50 510.00 510.00 Bottled wtr svc: harveston center 24.87 Bottled wtr svc:history museum 19.49 Bottled wtr svc:Library 68.32 Bottled wtr svc: city council 31.64 Bottled wtr svc: TVE2 35.70 Bottled wtr svc:children's museum 28.86 Bottled wtr svc:CRC 99.37 drinking water: pbsp & skate park 31.67 Bottled wtr svc:CRC 20.88 Bottled water svc:CHS/aquatics pools 6.47 Drinking water: TES pools 6.47 Bottled wtr svc:theater 39.96 Drinking wtr svc:skate park at rrsp 6.47 Bottled wtr svc: FOC 115.48 535.65 Mar Trip wire:graffitti:Police 130.32 130.32 157734 04/18/2013 015777 BAKER, BRIAN refund:lost materials:Library 67.96 67.96 Pagel apChkLst Final Check List Page: 2 04/18/2013 10:06:39AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157735 04/18/2013 015592 BAMM PROMOTIONAL Softball awards:sports pgrm PRODUCTS, INC 157736 04/18/2013 013482 BAS SECURITY 157737 04/18/2013 004040 BIG FOOT GRAPHICS 7,210.08 7,210.08 Security srvcs:csd events 4/12-13 228.00 Security srvcs:csd events 4/19-20 TCSD instructor earnings 228.00 456.00 728.00 728.00 157738 04/18/2013 014284 BLAKELYS TRUCK SERVICE MISC VEHICLE REPAIRS:PW STREET 333.50 MAINT MISC VEHICLE REPAIRS:PW STREET MF 172.02 157739 04/18/2013 008605 BONTERRA CONSULTING 12/29-2/8/13 ENVIRO CNSLT:MCB/OVLD 5,392.00 157740 04/18/2013 005564 C P S HUMAN RESOURCES SERVICES 157741 04/18/2013 003138 CAL MAT 157742 04/18/2013 013265 CALIF BUILDING 157743 04/18/2013 000638 CALIF DEPT OF CONSERVATION 157744 04/18/2013 001267 CALIF DEPT OF MOTOR VEHICLES 505.52 5,392.00 Online testing programs:HR 180.00 Online testing programs:HR 434.50 614.50 ASPHALT PURCH:CITYWIDE STREET 468.61 REPAIRS ASPHALT PURCH:CITYWIDE STREET RE 798.72 ASPHALT PURCH:CITYWIDE STREET RE 472.63 ASPHALT PURCH:CITYWIDE STREET RE 472.63 ASPHALT PURCH:CITYWIDE STREET RE 75.60 ASPHALT PURCH:CITYWIDE STREET RE 122.41 ASPHALT PURCH:CITYWIDE STREET RE 465.93 2,876.53 2013 1st qtr pmt SB1473 1,533.00 1,533.00 2013 1st Qtr pmt:strong motion 3,906.14 3,906.14 37R49L Police ATV registration 52.00 37R48L Police ATV registration 52.00 104.00 157745 04/18/2013 004228 CAMERON WELDING SUPPLY HELIUM TANK RENTAL:SPECIAL 59.70 59.70 EVENTS 157746 04/18/2013 002756 COMPLETE EMBROIDERY EMBROIDERY SVCS:POLICE 97.20 97.20 DESIGNS UNIFORMS:BIKE PAT 157747 04/18/2013 000447 COMTRONIX repair radio base stn: civic center COMMUNICATIONS 157748 04/18/2013 002945 CONSOLIDATED ELECTRICAL DIST. 375.00 375.00 misc electrical supplies: var parks 142.56 misc electrical supplies: var parks 71.28 misc electrical supplies: var parks 71.28 285.12 Page2 apChkLst Final Check List Page: 3 04/18/2013 10:06:39AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157749 04/18/2013 015773 CORONA NORCO 157750 04/18/2013 014521 COSTAR GROUP INFORMATION, INC 157751 04/18/2013 001264 COSTCO WHOLESALE Description Amount Paid Check Total refund:Pennypickle's wkshp Apr Web subscription:eco dev misc supplies:volunteer recognition THEATER HOSPITALITY& OFC SUPPLIE: misc supplies:cultural events pgrm misc supplies:volunteer reception 157752 04/18/2013 014501 COUNTYWIDE MECHANICAL IT HVAC srvcs:Civic Center SYSTEMS 157753 04/18/2013 010650 CRAFTSMEN PLUMBING & HVAC INC 68.00 68.00 363.66 363.66 634.57 151.82 558.37 164.25 1,509.01 470.00 470.00 Facility repair & maint:fire stn 84 130.00 Plumbing repair: Sta 84 Plumbing repair: Sta 84 157754 04/18/2013 015776 DAVIS, WILL refund:Tem glitz 1225.102 157755 04/18/2013 015535 DEMARCO, ROSALIE TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 157756 04/18/2013 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOMS:CSD SPECIAL SRVCS GAMES 157757 04/18/2013 004192 DOWNS COMMERCIAL FUELING INC 165.00 929.66 1,224.66 72.00 72.00 175.00 455.00 17.50 647.50 1,446.60 1,446.60 Fuel for City vehicles: PW Id/npdes 162.25 FUEL FOR CITY VEHICLES: PW LD/NPDE Fuel for City vehicles:PW Maint Fuel for City vehicles:TCSD, PW Fuel for City vehicles:P W Traffic Fuel for City vehicles:IT Fuel for City vehicles:TCSD Fuel for City vehicles:Code Enf Fuel for City vehicles:Police Fuel for City vehicles:B&S 157758 04/18/2013 012217 DUDEK FEB ENVIRO CNSLT:PED/BICYCLE BRIDGE 157759 04/18/2013 007319 EAGLE ROAD SERVICE &TIRE VEH REPAIRS/MAINT:PW STREET INC MAINT 157760 04/18/2013 014419 ELLIOTT, MICHAEL G. MAR LNDSCP INSP SVC:HOSPITAL MEDIAN 426.54 1,827.15 2,652.06 535.38 73.88 40.40 432.36 67.57 441.87 6,659.46 203.00 203.00 280.77 280.77 350.00 350.00 Pages apChkLst Final Check List Page: 4 04/18/2013 10:06:39AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157761 04/18/2013 015775 ENERGY EFFICIENCY SOLAR refund:permit cancelled:B12-2582 INC 157762 04/18/2013 011292 ENVIRONMENTAL SCIENCE FEB CONSULTING SVCS:EIR BELLA ASSOC. LINDA 157763 04/18/2013 001056 EXCEL LANDSCAPE 157764 04/18/2013 014768 FALLEN OFFICERS FUND 157765 04/18/2013 009953 FEDERAL CLEANING 122.24 122.24 6,978.75 6,978.75 install sod: hary comm park 24,700.00 irrigation repairs: various slopes 320.33 Idscp improvements: vail ranch slope 960.00 Idscp improvements: tradewinds slope 915.00 Idscp improvements: wolf crk slope 4,856.00 replace backflows:butterfield stage prk 1,460.62 Idscp improvements: old town trail 1,400.00 tree planting srvcs:harveston lake park 900.00 35,511.95 so cal gang conf:Gonzalez, S. 5/28-30 85.00 85.00 APR JANITORIAL SRVCS:POLICE MALL 751.50 751.50 CONTRACTORS STOREFR 157766 04/18/2013 010326 G E MOBILE WATER, INC washer supplies: Sta 73 63.73 63.73 157767 04/18/2013 003946 G T ENTERTAINMENT DJ & sound equip:spec games event 4/13 400.00 400.00 157768 04/18/2013 001937 GALLS INC UNIFORMS: POLICE 403.90 403.90 157769 04/18/2013 015430 GONZALES, SARAH JO High hopes Spring 2013 3/5,12,19 135.00 135.00 157770 04/18/2013 015780 GOODING, ALAN PAUL refund:viol. dismissed:prkg cite 84372 330.00 330.00 157771 04/18/2013 015779 GUTIERREZ, EDWARD refund:overpmt prkg cite:51678 45.00 45.00 157772 04/18/2013 004188 HARRIS &ASSOCIATES Mar Const mgmt svcs:french vly interchg 150,229.69 150,229.69 157773 04/18/2013 001517 HEALTH & HUMAN RESOURCE Employee Assistance Program:HR 664.40 664.40 CTR 157774 04/18/2013 013695 INLAND EMPIRE SHRED IT Shred svcs:Police 15.00 15.00 157775 04/18/2013 010412 JOHNSON POWER SYSTEMS Generator maintenance: Sta 73 1,711.61 1,711.61 Page4 apChkLst Final Check List Page: 5 04/18/2013 10:06:39AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157776 04/18/2013 015778 JOHNSON, JOHN 157777 04/18/2013 003046 K F R O G 95.1 FM RADIO 157778 04/18/2013 009923 L S AASSOCIATES INC 157779 04/18/2013 003782 MAIN STREET SIGNS 157780 04/18/2013 004141 MAINTEX INC 157781 04/18/2013 015781 MANGUIL, ROSARIO 157782 04/18/2013 002664 MAR CO INDUSTRIES INC 157783 04/18/2013 004307 MARINE BIOCHEMISTS 157784 04/18/2013 015782 MARQUETTE, TINA M. 157785 04/18/2013 014392 MC COLLOUGH, JILL DENISE 157786 04/18/2013 006571 MELODYS AD WORKS INC. 157787 04/18/2013 015259 MERCURY DISPOSAL SYSTEMS, INC. 157788 04/18/2013 012580 MINUTEMAN PRESS 157789 04/18/2013 009835 MIRACLE PLAYGROUND SALES INC 157790 04/18/2013 001892 MOBILE MODULAR 157791 04/18/2013 005887 MOFFATT & NICHOL ENGINEERS Description Amount Paid Check Total refund:overpmt prkg cite:84826 Advertising bluegrass festival Feb Consulting srvcs: Roripaugh EIR MISC STREET SIGNS:PW STREET MAINT MISC SIGNS:PW TRAFFIC DIV MISC STREETSIGNS:PW STREET MAIN1 MISC STREETSIGNS:PW STREET MAIN1 misc cleaning supplies: var locations misc cleaning supplies: var facilities refund:viol. dismissed:prkg cite 84928 rider scrubber machine: pw maint WATER MAINT SVCS:HARV LAKE/DUCK POND refund:sec dep:rm rental:conf ctr INTERIOR PLANTS LEASE:CIVIC CENTER INTERIOR PLANTS LEASE:LIBRARY reimbursables:OT promo:bluegrass fest MARKETING & PROMO SRVCS: OLD TOU marketing & promo srvcs: old town Battery recycling pgrm:planning dept BUSINESS CARDS:CSD:HARVESTON CTR, RG PLAY EQUIPMENT PARTS: VAR PARKS 3/8-4/6 OATC Lease Agreement: Fire 2/24-3/30 Eng/const svcs:french vly 70.00 1,010.00 4,950.00 233.28 1,812.24 312.88 103.68 2,130.52 2,860.38 305.00 23,754.60 3,900.00 150.00 525.00 200.00 250.85 1,800.00 50.58 109.44 90.42 429.68 615.60 70.00 1,010.00 4,950.00 2,462.08 4,990.90 305.00 23,754.60 3,900.00 150.00 725.00 2,101.43 109.44 90.42 429.68 615.60 15,476.00 15,476.00 Pages apChkLst Final Check List Page: 6 04/18/2013 10:06:39AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157792 04/18/2013 013965 MONOPRICE, INC. Cables & misc IT AV equip:info tech 591.67 591.67 157793 04/18/2013 001214 MORNINGSTAR Plans & specs:stage config:bluegrass 2,010.00 2,010.00 PRODUCTIONS, LLC 157794 04/18/2013 002257 MOST DEPENDABLE DRINKING FOUNTAIN PARTS: PBSP 1,793.84 1,793.84 FOUNTAINS 157795 04/18/2013 014464 MSA SYSTEMS, INC EQUIP PURCH:DRIVER LIC CARD 178.59 178.59 READER:PD 157796 04/18/2013 001986 MUZAK LLC Apr dish network programing:foc 128.31 128.31 157797 04/18/2013 002925 NAPAAUTO PARTS MISC AUTO PARTS/SUPPLIES:PW ST MAINT MISC AUTO PARTS/SUPPLIES:PW ST MA MISC AUTO PARTS/SUPPLIES:PW ST MA 181.41 77.08 70.02 328.51 157798 04/18/2013 015164 NATURES IMAGE, INC MAR ENVIRO MITIGATION:FVP 1,452.95 1,452.95 OVERCROSSING 157799 04/18/2013 015122 NI GOVERNMENT SERVICES, MAR SATELLITE PHONE SERVICE: 151.72 151.72 INC. FIRE/EOC 157800 04/18/2013 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Parks 74.61 74.61 157801 04/18/2013 003663 PECHANGA BAND OF LUISENO 2/14-3/22 tribal monitoring:btrfield 17,349.44 17,349.44 157802 04/18/2013 000249 PETTY CASH Petty Cash Reimbursement 671.34 671.34 157803 04/18/2013 013658 POLYLABEL.COM Asset tags: Info Tech 323.00 323.00 157804 04/18/2013 000254 PRESS ENTERPRISE Mar advertising: Egg Hunt 870.00 COMPANY INC Mar advertising: Bluegrass Festival 770.00 1,640.00 157805 04/18/2013 014702 RADWAN, EHAB refund:sec dep:rm rental:harveston 200.00 200.00 157806 04/18/2013 000262 RANCHO CALIF WATER Mar comm water meter:41375 McCabe Ct 85.92 85.92 DISTRICT 157807 04/18/2013 000947 RANCHO REPROGRAPHICS Reproduction services:TCC 95.26 95.26 157808 04/18/2013 000271 RBF CONSULTING MAR ENG CONSULTANT:DIAZ/DENDY 395.00 MAR ENG SRVCS:I-15/SR-79 ULT. INTRCI 17,503.95 17,898.95 Pages apChkLst Final Check List Page: 7 04/18/2013 10:06:39AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157809 04/18/2013 004584 REGENCY LIGHTING 157810 04/18/2013 003591 RENES COMMERCIAL MANAGEMENT 157811 04/18/2013 010087 RIGGS & RIGGS INC 157812 04/18/2013 000353 RIVERSIDE CO AUDITOR 157813 04/18/2013 010777 RIVERSIDE CO EXECUTIVE OFFICE 157814 04/18/2013 000406 RIVERSIDE CO SHERIFFS DEPT 157815 04/18/2013 001365 RIVERSIDE COUNTY OF 157816 04/18/2013 000277 S & S ARTS & CRAFTS INC 157817 04/18/2013 000278 SAN DIEGO UNION TRIBUNE 157818 04/18/2013 015774 SANROMAN, DANIELLE MICHELLE 157819 04/18/2013 009213 SHERRY BERRY MUSIC 157820 04/18/2013 004498 SIEMENS INDUSTRY, INC. 157821 04/18/2013 000645 SMART & FINAL INC 157822 04/18/2013 000537 SO CALIF EDISON Description Amount Paid Check Total Misc lighting supplies: sta 92 misc electrical supplies: library IRRIG REPAIRS/LDSCP IMRPV/VVEED ABATE:PEC Property appraisal srvcs:SARDA Mar '13 prkg citation assessments Feb '13 prkg citation assessments APR ANIMAL SHELTER SERVICES Patrol srvcs: Rod Run 2013 renew permit:Civic Center Misc supplies:tiny tot pgrm Mar advertising:theater refund:overpmt prkg cite:83010 Jazz © the Merc 04/11/13 Mar traffic signal repair & maint:P W Misc supplies:cultural event pgrms MISC SUPPLIES:MPSC Mar 2-29-974-7899:26953 Ynez LS -3 Mar 2-01-202-7603:var arterial stlt Mar 2-01-202-7330:var LS -1 allnite Apr 2-29-479-2981:31454 Tem Pkwy Mar 2-02-351-5281:30875 Rancho Vista Mar 2-20-798-3248 C. Museum Mar 2-33-777-1950 Village Rd Mar 2-29-223-9571 Murrieta Hot Sprngs Mar 2-30-066-2889 Rancho Vista PED Mar 2-25-350-5119 Redhawk Pkwy PED Mar 2-31-031-2590:28301 Rancho Cal Mar 2-05-791-8807:31587 Tem pkwy LS3 277.73 263.41 541.14 3,385.00 3,385.00 281.25 281.25 5,471.63 5,360.63 10,832.26 11,600.13 11,600.13 19,927.64 19,927.64 674.00 674.00 234.41 234.41 526.51 526.51 45.00 45.00 325.50 325.50 326.64 326.64 158.05 189.35 347.40 147.96 29,504.66 80,095.62 100.75 3,394.08 944.65 469.11 24.09 24.19 25.15 22.38 8,746.42 123,499.06 Page:7 apChkLst Final Check List Page: 8 04/18/2013 10:06:39AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157823 04/18/2013 012795 SODEXO INC&AFFILIATES Feb-Marmeals:MPSC Nutrition Prgm 157824 04/18/2013 000519 SOUTH COUNTY PEST CONTROL INC 758.88 758.88 pest control services:stn 92 42.00 pest control services:OATC 48.00 Mar pest control srvcs:city facs 816.00 906.00 157825 04/18/2013 012652 SOUTHERN CALIFORNIA Apr gen usage:0141,0839,2593,9306 493.92 493.92 157826 04/18/2013 005786 SPRINT Feb 26 -Mar 25 cellular usage/equip 4,562.81 4,562.81 157827 04/18/2013 015648 STEIN,ANDREW EVENT TABLE COVERS: FIRE 451.25 451.25 157828 04/18/2013 012789 STUART, JENNIFER SARAH TCSD Instructor Eamings 10,260.00 10,260.00 157829 04/18/2013 009811 SUNNY HILLSTOWING INC vehicle towing srvcs:temecula police 210.00 210.00 157830 04/18/2013 000305 TARGET BANK BUS CARD MISC SUPPLIES:CHILDRENS MUSEUM 147.14 SRVCS MISC SUPPLIES:CHILDRENS MUSEUM 26.83 173.97 157831 04/18/2013 009150 TEMECULA GLASS & MIRROR Display case:history museum exhibit 95.81 95.81 INC 157832 04/18/2013 003677 TEMECULA MOTORSPORTS LLC Motorcycle repair/maint:Tem.P.D. 50.26 Motorcycle repair/maint:Tem.P.D. 350.11 Motorcycle repair/maint:Tem.P.D. 157833 04/18/2013 004209 TEMECULA SUNRISE ROTARY Jan -Mar bus bench install & maint FOUND. 157834 04/18/2013 011736 TEMECULA TROPHY INC Tiles:council recognition pgrm 157835 04/18/2013 006884 TEMECULA VALLEY CHAMBER FY 12/13 4th qtr sponsorship: Eco Dev 157836 04/18/2013 004873 TEMECULA VALLEY refund:sec dep:rm rental:confctr HISTORICAL SOC 157837 04/18/2013 004274 TEMECULA VALLEY SECURITY Locksmith srvcs:Prkg Garage CENTR 157838 04/18/2013 013078 TOROK, LORI A. Dance performance:theater 4/26-27 40.05 440.42 2,512.50 2,512.50 108.00 108.00 33,750.00 33,750.00 150.00 150.00 10.26 10.26 625.00 625.00 Pages apChkLst Final Check List Page: 9 04/18/2013 10:06:39AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157839 04/18/2013 007766 UNDERGROUND SERVICE Marundrgrnd svcs alerttickets:PW 223.50 223.50 ALERT 157840 04/18/2013 002110 UNITED RENTALS NORTH misc supplies:pw street maint 110.39 AMERICA misc supplies:pw street maint 129.58 239.97 157841 04/18/2013 014848 VALUTEC CARD SOLUTIONS, Mar ShoWare gift card service: Theater 39.16 39.16 LLC 157842 04/18/2013 004261 VERIZON Aprxxx-2941 gen usage:TVE2 405.44 Aprxxx-6540 gen usage:Rod fire stn 87.92 493.36 157843 04/18/2013 004789 VERIZON Mar Internet svcs:Library 0.08 Apr internet svcs:Theater 134.99 135.07 157844 04/18/2013 004848 VERIZON SELECT SERVICES Apr long distance phone svcs 10.85 INC Apr long distance phone svcs 8.71 19.56 157845 04/18/2013 015653 VESSIA, MONICA T. "One Below" ticket sales: theater 4/13 474.20 474.20 157846 04/18/2013 006248 WALKER, JESSICA TCSD Instructor Eamings 196.88 196.88 157847 04/18/2013 001881 WATER SAFETY PRODUCTS lifeguard supplies:aquatics 1,534.00 1,534.00 INC 157848 04/18/2013 001342 WAXIE SANITARY SUPPLY INC misc cleaning supplies:mpsc 187.05 187.05 157849 04/18/2013 003730 WEST COASTARBORISTS INC tree removal srvcs: old town 665.00 3/1-15 tree trim & removals: parks 1,672.00 TREE TRIM & MAINT SRVCS: PW STREE 38,122.00 40,459.00 157850 04/18/2013 000230 WILLDAN FINANCIAL APR -JUN ASSESSMENT ENG 5,625.00 5,625.00 SERVICES SRVCS:CSD 157851 04/18/2013 014781 WILLIAMS ARCHITECTS, INC. APR DESIGN SRVCS: TCC 807.74 807.74 157852 04/18/2013 004567 WITCHER ELECTRIC Electrical srvcs: Sta 92 488.00 Electrical srvcs:info tech 1,050.00 1,538.00 157853 04/18/2013 006290 WOODCREST VEHICLE Veh repair & maint:police 600.40 CENTER Veh repair & maint:police 60.00 660.40 157854 04/18/2013 015749 WOODSIDE GROUP OF SO refund:eng grad dep:LD11-016GR 4,640.00 4,640.00 CALIF. 999356 04/09/2013 015768 BIAGTAN, ELSIE refund:Kid's culinary mini camp 140.00 140.00 Page9 apChkLst Final Check List Page: 10 04/18/2013 10:06:39AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 999357 04/09/2013 015769 BROWNELL, ANA refund:lost materials:Library 14.95 14.95 999358 04/09/2013 015770 HOBBS, JENNY refund:Bigfoot's starry nights 1260.102 20.00 20.00 999359 04/09/2013 015771 PRICE, MARY refund:Bright scholars 6015.102 112.00 112.00 Grand total for UNION BANK OF CALIFORNIA: 785,007.29 Pagel 0 apChkLst Final Check List Page: 11 04/18/2013 10:06:39AM CITY OF TEMECULA 135 checks in this report. Grand Total All Checks. 785,007.29 Page :11 apChkLst Final Check List Page: 1 04/25/2013 3:00:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2155 04/25/2013 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 10,614.01 10,614.01 SOLUTION 2158 04/25/2013 000444 INSTATAX (EDD) UNEMP TAX 1ST QTR 2013 77,822.96 77,822.96 2160 04/25/2013 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 4,620.88 4,620.88 303355 2161 04/25/2013 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 3,036.24 3,036.24 SOLUTION 2162 04/25/2013 010349 CALIF DEPT OF CHILD Support Payment 1,714.13 1,714.13 SUPPORT 157855 04/25/2013 002786 4N6XPRT SYSTEMS 2013 FORENSIC SOFTWARE 235.00 235.00 U PDATE: POLICE 157856 04/25/2013 015552 ADAMS, JONATHAN C & Settlement:Montana skies 5/3 1,700.00 JENNIFER A credit:billing adj:CA non-resident w/h -119.00 1,581.00 157857 04/25/2013 005068 ADKISSON, CANDICE Reimb:supplies:Mother's day tea 78.00 78.00 157858 04/25/2013 004802 ADLERHORST INTERNATIONAL Training:police K-9 unit 283.34 283.34 INC 157859 04/25/2013 010905 ALLIED TRAFFIC & EQUIPMENT MESSAGE BOARD RENTAL:MAIN ST 600.00 600.00 BRIDGE 157860 04/25/2013 006915 ALLIES PARTY EQUIPMENT Rental supplies:Autism awareness 4/3 141.72 141.72 157861 04/25/2013 011954 BAKER & TAYLOR INC 157862 04/25/2013 004040 BIG FOOT GRAPHICS LIBRARY- MISC BOOKS, REF MATERIALS LIBRARY- MISC BOOKS, REF MATERIAL LIBRARY- MISC BOOKS, REF MATERIAL 6.53 333.90 414.75 755.18 T-Shirts:2013 special games event 3,560.00 TCSD instructor earnings 157863 04/25/2013 008605 BONTERRA CONSULTING 2/9-3/8 CONSULTING SVCS:RRSP DESILTING B 157864 04/25/2013 014299 BOOKS ON TAPE 157865 04/25/2013 003138 CAL MAT 266.00 3,826.00 998.04 998.04 BOOKS ON TAPE: LIBRARY 3240 BOOKS ON TAPE: LIBRARY ASPHALT PURCH:CITYWIDE STREET REPAIRS ASPHALT PURCH:CITYWIDE STREET RE 24.30 56.70 498.64 1,450.06 1,948.70 Pagel apChkLst Final Check List Page: 2 04/25/2013 3:00:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157866 04/25/2013 004248 CALIF DEPT OF Feb Fingerprinting srvcs:HR 3,508.00 JUSTICE-ACCTING MAR FINGERPRINTING SRVCS:HR,POLI( 3,238.00 6,746.00 157867 04/25/2013 009847 CALIFORNIA PRESENTERS Regis:2013 mb conf 5/29-31:Bamet,B 350.00 350.00 157868 04/25/2013 015832 CAL-PASEO DEL SOL refund:eng grad dep:LD12-050GR 50,000.00 50,000.00 157869 04/25/2013 000131 CARL WARREN & COMPANY Mar Liability claims mgmt:finance 1,658.96 1,658.96 INC 157870 04/25/2013 005311 CERTIFIED POOL WATER Mar maint srvcs:crc and tes pools 900.00 SPCL. Mar maint srvcs:town square 175.00 1,075.00 157871 04/25/2013 014726 CHAPTER 13 STANDING SUPPORT PMT 182.77 182.77 TRUSTEE 157872 04/25/2013 015827 COATES, ELIZABETH PARTIAL REFUND:SEC 138.00 138.00 DEP:RENTAL:HARVESTON 157873 04/25/2013 004405 COMMUNITY HEALTH Community Health Charities Payment CHARITIES 44.00 44.00 157874 04/25/2013 002945 CONSOLIDATED ELECTRICAL misc electrical supplies: TCC 248.13 DIST. misc electrical supplies:old town garage 60.75 308.88 157875 04/25/2013 001264 COSTCO WHOLESALE CERT TRAINING SUPPLIES: TCC— 602.61 MISC SUPPLIES:SPECIAL NEEDS & SKIP 213.00 MISC SUPPLIES:SPECIAL NEEDS & SKIP 164.00 979.61 157876 04/25/2013 013379 COUSSOU, CELINE TCSD Instructor Eamings 140.00 140.00 157877 04/25/2013 010650 CRAFTSMEN PLUMBING & Plumbing repair: Sta 84 198.00 198.00 HVAC INC 157878 04/25/2013 008810 CROSSTOWN ELECTRICAL & CCTV cameras:replacement pgrm 2,711.24 2,711.24 DATA 157879 04/25/2013 015300 CVR COMPUTER SUPPLIES MISC TONER CARTRIDGES:INFO TECH 3,337.25 MISC TONER CARTRIDGES:INFO TECH 1,826.00 5,163.25 157880 04/25/2013 011816 D'ALESIO INC Fire Equipment: Sta 73 204.77 204.77 157881 04/25/2013 014580 DANCE THEATRE COLLECTIVE "danceXchange" performance 4/16 126.00 126.00 Page2 apChkLst Final Check List Page: 3 04/25/2013 3:00:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157882 04/25/2013 012600 DAVID EVANS & ASSOCIATES MAR CONSULTING INC SRVCS:BUTTERFIELD RD EXT 157883 04/25/2013 002990 DAVIDTURCH &ASSOCIATES APR FED. LEGISLATIVE CONSULTING SVCS:CM 900.00 900.00 3,500.00 3,500.00 157884 04/25/2013 002390 EASTERN MUNICIPAL WATER Apr water meter:Murr hot springs rd 24.49 DIST Apr water meter:Murr hot springs rd Apr water meter:39656 Diego Dr Apr water meter:39569 Seraphina Rd 157885 04/25/2013 013723 ENTECH NORTHWEST INC AIR QUALITY&GHGANALYSIS:NFCU 157886 04/25/2013 001056 EXCEL LANDSCAPE replace sod/ice rink damage:town square 191.76 183.44 294.84 694.53 2,790.00 2,790.00 1,686.30 1,686.30 Pages apChkLst Final Check List Page: 4 04/25/2013 3:00:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157887 04/25/2013 003347 FIRST BANKCARD CENTER 015626 EVENTBRITE.COM AA Eventbrite.com:eco dev:CD -27.37 015626 EVENTBRITE.COM AA Eventbrite.com:eco dev:CD -27.37 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 30.35 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 41.93 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 12.47 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 489.65 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 13.21 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 25.98 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 122.75 001590 CALIF REDEVELOPMENT ASSN PR Regis:CA Redev webinar:LW 129.00 011383 CAL STATE SAN MARCOS PR CEQA basic wkshp:LW 4/19 188.00 UARSC 011383 CAL STATE SAN MARCOS PR Advanced CEQA wkshp:LW 5/24 188.00 UARSC 001048 ROSAS CANTINA SJ Refreshments:youth in govt pgrm 3/20 347.00 RESTAURANT 000912 CITY CLERKS ASSN OF CALIF SJ 2013 CCAC conf4/26:SJ 375.00 001048 ROSAS CANTINA SJ Meals:council closed session 3/12 131.36 RESTAURANT 007987 WALMART AA youth innovation conf 3/6 230.30 008956 PANERA BREAD AA refreshments:City atty mtg 3/12 59.33 000305 TARGET BANK BUS CARD AA misc supplies:youth innovation conf 183.58 SRVCS 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 149.75 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 16.19 010514 CAMPINI'S ITALIAN DELI AA Refreshments:city atty mtg 3/26 37.98 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 28.08 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 71.22 010514 CAMPINI'S ITALIAN DELI AA Refreshments:city mgr mtg 4/4 39.85 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 54.58 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 24.92 015446 ORGANIZATIONAL WIDE AA Mileage:OWLS team bldg:fnance 74.91 LEADERSHIP Page4 apChkLst Final Check List Page: 5 04/25/2013 3:00:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 006952 PAYPAL AA Verisign Pay0ow Pro Transaction 187.40 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 2641 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 18.35 006952 PAYPAL MH Verisign pay0ow pro transaction 59.95 002377 BEST BUY COMPANY INC PR misc computer supplies 107.99 008460 YOSEMITE INC MN Lodingbldg level comm conf 3/14-17 252.97 005531 FRONT STREET BAR & GRILL SJ Meals:council closed session 3/26 235.00 007987 WALMART AA youth innovation conf 3/6 230.30 015831 RUN SIGN UP AA Autism Fun/RunNValk:April 53.00 000305 TARGET BANK BUS CARD AA misc supplies:youth innovation conf 367.16 SRVCS 014583 PALUMBO'S RISTORANTE, LLC AA SW T -Now mtg 3/27:RR, JC 151.93 007282 AMAZON.COM, INC AA BOOKS:LIBRARY 32.36 015784 PATIO-PARTS.COM GB small tools & equip:C. Museum 207.24 001364 R C P BLOCK & BRICK INC GB small tools & equip:CRC 187.49 015785 THE WEBRESTAURANTSTORE GB small tools & equip:Ping/Civic Ctr 316.63 007282 AMAZON.COM, INC BOOKS:LIBRARY— 19.36 000305 TARGET BANK BUS CARD AA misc supplies:youth innovation conf 367.16 SRVCS 157888 04/25/2013 014393 FONSTAD, RONALD EUGENE CPR SUPPLIES: MEDICS 157889 04/25/2013 011145 FOSTER, JILL CHRISTINE TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 5,831.35 2,954.24 2,954.24 849.33 2,195.20 2,103.73 1,241.33 6,389.59 157890 04/25/2013 002982 FRANCHISE TAX BOARD SUPPORT PMT 135.00 135.00 157891 04/25/2013 002982 FRANCHISE TAX BOARD SUPPORT PMT 13.62 13.62 157892 04/25/2013 013552 GANDS PRODUCTIONS LLC Country @The Merc 4/20 1,028.25 1,028.25 157893 04/25/2013 009608 GOLDEN VALLEY MUSIC Conductor svcs:Theater pert 5/4 200.00 200.00 SOCIETY Pages apChkLst Final Check List Page: 6 04/25/2013 3:00:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157894 04/25/2013 004434 GRANNYS ATTIC Exhibit items:history museum 157895 04/25/2013 014402 GROEPPER, BROOKE ELIZABETH 266.22 266.22 TCSD instructor earnings 3,087.00 TCSD instructor earnings 58.80 TCSD instructor earnings 4,527.60 TCSD instructor earnings 1,646.40 9,319.80 157896 04/25/2013 002109 HD SUPPLY CONSTR. SUPPLY VAN ACCESSORIES: PW FACILITIES 736.83 736.83 LTD MAINT 157897 04/25/2013 009135 IMPACT MARKETING & DESIGN Uniforms: Theater 219.70 219.70 INC 157898 04/25/2013 015708 INNOVATION ECONOMY sponsorship:eco dev konnect expo 5/9 2,000.00 2,000.00 KONNECT INC 157899 04/25/2013 015824 INTER TRIBAL SPORTS refund:sec dep:rm rental:CRC 200.00 200.00 157900 04/25/2013 001407 INTER VALLEY POOL SUPPLY misc pool supplies: var sites 655.29 655.29 INC 157901 04/25/2013 015673 J DS VIDEO & MEDIA APR VIDEO PRODUCTION: ECO DEV 1,000.00 1,000.00 PRODUCTIONS 157902 04/25/2013 008358 JAGUSCH, M.D., CHRISTIAN R. AED medical review: Medics 5,000.00 5,000.00 157903 04/25/2013 014488 JOANNE RILE ARTISTS MGMT, Settlement:Quartet San Fran 5/4 3,750.00 INC credit:billing adj:CA non-resident w/h -262.50 3,487.50 157904 04/25/2013 012120 KIELER, GLENN OR GLORIA refund:sec dep:rm rental:CRC 515.10 515.10 157905 04/25/2013 009923 L S AASSOCIATES INC Mar Consulting srvcs: Roripaugh EIR 3,839.40 3,839.40 157906 04/25/2013 000482 LEIGHTON CONSULTING INC MAR GEOTECH SVCS:RORI RANCH 25,615.00 25,615.00 STR IMPR 157907 04/25/2013 004905 LIEBERT, CASSIDY & Feb HR legal svcs for TE060--00010 7,650.00 WHITMORE Feb HR legal svcs for TE060-00001 2,670.00 10,320.00 157908 04/25/2013 004230 LINCOLN EQUIPMENT INC rescue tubes:Aquatics 329.38 329.38 157909 04/25/2013 014228 LSK, LLC May facility lease pmt:harveston ctr 4,853.88 4,853.88 Pages apChkLst Final Check List Page: 7 04/25/2013 3:00:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157910 04/25/2013 015825 LUKYNOVA, LYUDMYLA 157911 04/25/2013 014767 MARKETING POWER, INC. Description Amount Paid Check Total refu n d:can cel lation: C RC LIGHTING RETROFIT: PALA COMM PARK 157912 04/25/2013 015828 MARTIN, PAUL refund:lost material:library 157913 04/25/2013 004894 MICHAEL BRANDMAN 2/23-3/29 BIOLOGICAL STUDY:MIRA ASSOCIATES LOMA APT 157914 04/25/2013 015675 MIKE BROWN GRANDSTANDS, Bleachers:every 15 min pgmm:GOHS INC. 157915 04/25/2013 015826 NEBRES, JOSEPH refund:sec dep:rm rental:Harveston 157916 04/25/2013 002292 OASIS VENDING misc kitchen supplies:civic center 157917 04/25/2013 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:theater DIV 157918 04/25/2013 002105 OLD TOWN TIRE & SERVICE Misc office supplies:theater MISC OFFICE SUPPLIES:TCSD ADMIN MISC OFFICE SUPPLIES:TCSD ADMIN MISC OFFICE SUPPLIES:TCSD ADMIN MISC OFFICE SUPPLIES:TCSD ADMIN Misc office supplies:police mall office MISC OFFICE SUPPLIES:TCSD ADMIN City Vehicle Maint Svcs:PW Traffic City Vehicle Maint Svcs:Code Enf City Vehicle Maint Svcs:Code Enf 43.00 43.00 8,319.15 8,319.15 39.25 39.25 400.00 400.00 2,750.00 2,750.00 200.00 200.00 259.11 259.11 22.42 15.10 1.13 311.04 6.06 2.42 51.39 32.93 325.71 174.90 263.77 442.49 764.38 157919 04/25/2013 015033 PACIFIC MUNICIPAL 2/23-3/29 consult srvcs:housing element 1,562.50 1,562.50 CONSULTANTS 157920 04/25/2013 004538 PAULEY EQUIPMENT misc equip repairs: various park sites 596.06 596.06 COMPANY 157921 04/25/2013 010338 POOL & ELECTRICAL misc supplies & chemicals: var pools 11.78 11.78 PRODUCTS INC 157922 04/25/2013 015764 PRINT CONNECTION, INC. Printing srvcs:every 15 min pgrm 1,479.60 1,479.60 157923 04/25/2013 012904 PRO ACTIVE FIRE DESIGN Mar plan review consultant: Prevention 14,448.31 14,448.31 157924 04/25/2013 013725 PROCRAFT INC Gate repair: Sta 84 95.00 95.00 Page:7 apChkLst Final Check List Page: 8 04/25/2013 3:00:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 157925 04/25/2013 009623 PUBLIC AGENCY RISK 2013 agency membership dues MANAGERS 157926 04/25/2013 000262 RANCHO CALIF WATER DISTRICT 100.00 100.00 Mar var water meters:TCSD svc lev C 10,981.64 Mar various water meters:PW 214.10 Mar 01-31-61237-2 Calle Elenita 4848 11,244.22 157927 04/25/2013 000907 RANCHO TEMECULA CAR Mar vehicle detailing srvcs:var dept 42.00 42.00 WASH 157928 04/25/2013 003591 RENES COMMERCIAL weed abatement: city channels 8,500.00 8,500.00 MANAGEMENT 157929 04/25/2013 000418 RIVERSIDE CO CLERK & Notice of Determination filing:SAR DA 50.00 50.00 RECORDER 157930 04/25/2013 000406 RIVERSIDE CO SHERIFFS 12/13/12-01/09/13 law enforcement 250.32 250.32 DEPT 157931 04/25/2013 004822 RIVERSIDE TRANSIT AGENCY Mar trolly svcs agrmt pmt 1,678.74 1,678.74 157932 04/25/2013 013827 RYAN MONTELEONE sediment removal:empire creek outlet 16,500.00 16,500.00 EXCAVATION INC 157933 04/25/2013 014522 S & S SEEDS, INC MITIGATION SITE SEED 5,864.15 5,864.15 COLLECT:PECH PKWY 157934 04/25/2013 009196 SACRAMENTO THEATRICAL SoundAighting supplies: Theater 42.48 42.48 LIGHTING 157935 04/25/2013 000278 SAN DIEGO UNION TRIBUNE Mar advertising: 2013 Easter Egg Hunts 431.24 MAR PUBLIC NOTICES:PLAN/PW/CITY CI 1,220.40 1,651.64 157936 04/25/2013 000278 SAN DIEGO UNION TRIBUNE 3/28/13-3/27/14 subscr:tcsd 3482439 180.92 180.92 157937 04/25/2013 011511 SCUBA CENTER TEMECULA 157938 04/25/2013 008529 SHERIFFS CIVIL DIV - CENTRAL 157939 04/25/2013 009213 SHERRY BERRY MUSIC 157940 04/25/2013 000645 SMART & FINAL INC TCSD Instructor Eamings TCSD Instructor Eamings SUPPORT PAYMENT Jazz © the Merc 4/18 Misc supplies:high hopes pgrm 14.00 756.00 300.00 572.00 770.00 300.00 572.00 149.50 149.50 Pages apChkLst Final Check List Page: 9 04/25/2013 3:00:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157941 04/25/2013 000537 SO CALIF EDISON 157942 04/25/2013 001212 SO CALIF GAS COMPANY 157943 04/25/2013 012795 SODEXO INC & AFFILIATES 157944 04/25/2013 000519 SOUTH COUNTY PEST CONTROL INC 157945 04/25/2013 013935 SOUTHERN CALIFORNIA EDISON CO 157946 04/25/2013 013935 SOUTHERN CALIFORNIA EDISON CO 157947 04/25/2013 000293 STADIUM PIZZA INC 157948 04/25/2013 008337 STAPLES BUSINESS ADVANTAGE 157949 04/25/2013 003000 STATE WATER RESOURCES 157950 04/25/2013 013387 SWEEPING UNLIMITED INC 157951 04/25/2013 000305 TARGET BANK BUS CARD SRVCS Description Amount Paid Check Total Mar 2-33-237-4818:30499 Rancho cal Mar 2-28-171-2620 Police Mall Stn Mar 2-31-693-9784:26036 Ynez TCI Mar 2-29-974-7568:26953 Ynez TCI Mar 2-31-419-2659:26706 Ynez TCI Mar 2-00-397-5059:33340 Camino piedra Mar 2-26-887-0789 various mtrs Mar 2-30-099-3847:29721 Ryecrest Mar 2-30-296-9522:31035 Rancho vista Mar 2-30-608-9384 Harveston Dr Mar 2-27-560-0625:32380 Deerhollow Apr 015-575-0195-2:32211 Wolf vly rd Mar meals:Sr Center Nutrition Prgm eradicate bees: harveston lake park pest control srvcs: marg. park pest control srvcs:sta 73 pest control srvcs: wolf creek park 93.65 703.66 364.13 121.43 157.94 8,508.14 1,652.17 24.10 324.83 457.52 2,837.69 15,245.26 99.94 99.94 411.06 411.06 94.00 94.00 48.00 49.00 285.00 Line Extension:F.V. Pkwy ph I 20,989.46 20,98946 Street light installation:F.V. Pkwy ph I 7,977.01 7,977.01 Refreshments:special games event 516.08 Refreshments:tcsd expo 4/20 181.57 Refreshments:youth innovation conf 121.31 818.96 Office supplies:police mall office 70.19 70.19 Storm water permit:Roripaugh Fire Stn 466.00 466.00 Apr sweeping srvcs: of parking garage 500.00 500.00 Misc suppkies:tcc 99.67 Recreation supphies:crc Misc suppkies:mpsc pgrm Misc suppkies:crc 54.97 163.40 73.13 391.17 Page9 apChkLst Final Check List Page: 10 04/25/2013 3:00:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 157952 04/25/2013 003677 TEMECULA MOTORSPORTS LLC Description Amount Paid Check Total Motorcycle repair/maint:Tem.P.D. 655.57 Motorcycle repair/maint:Tem.P.D. Motorcycle repair/maint:Tem.P.D. Motorcycle repair/maint:Tem.P.D. Motorcycle repair/maint:Tem.P.D. 157953 04/25/2013 010493 TEMECULATOINNE CENTER May lease payment: pd mall office ASSOC LP 157954 04/25/2013 011736 TEMECULA TROPHY INC 295.80 157.37 379.46 168.63 1,656.83 1,458.33 1,458.33 Nameplate: Planning Dept 11.88 print & engrave:proclamation 386.53 398.41 157955 04/25/2013 000515 TEMECULA VALLEY CHAMBER State of the City 5/9 RG/PB/HS/RC/DB 200.00 200.00 OF 157956 04/25/2013 010046 TEMECULA VALLEY Feb' 13 Bus. Impry District Asmnts 89,037.21 89,037.21 CONVENTION & 157957 04/25/2013 005970 TEMECULA VALLEY PLAYERS Father of the Bride 4/8-21 8,335.56 8,335.56 157958 04/25/2013 010276 TIME WARNER CABLE Apr high speed intemet:32211 Wolfvly 103.54 Apr high speed intemet Stn 92 44.95 148.49 157959 04/25/2013 000668 TIMMY D PRODUCTIONS INC 157960 04/25/2013 002110 UNITED RENTALS NORTH AMERICA 157961 04/25/2013 000325 UNITED WAY 157962 04/25/2013 004261 VERIZON 157963 04/25/2013 004789 VERIZON 157964 04/25/2013 009101 VISION ONE INC 157965 04/25/2013 015829 WEST COAST FIRE PROTECTION 157966 04/25/2013 013556 WESTERN AUDIO VISUAL 157967 04/25/2013 015830 WISWELL, BRIAN Sound tech srvcs:teen glow egg hunt' 13 400.00 400.00 misc supplies:pw street maint 16.34 16.34 United Way Charities Payment 25.00 25.00 Marxxx-2941 gen usage:TVE2 108.80 108.80 Apr Internet svcs:Civic Center 289.99 289.99 Mar ShoWare ticketing services:Theater 1,349.60 1,349.60 REFUND:OVERPMT OF BL 015129 35.00 35.00 PA sys for live video sys:info tech 7,405.30 7,405.30 Reimb:repair gas grill © stn 92 141.48 141.48 Page:10 apChkLst Final Check List Page: 11 04/25/2013 3:00:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 999360 04/03/2013 015786 AB DI RAH MAN, FAIZA refund:lost materials:Library 15.95 15.95 999361 04/03/2013 015787 ANDERSON, PUTTAWAT refund:sec dep:rm rental:Harveston 150.00 150.00 999362 04/03/2013 015701 ARNOLD, KRYSTA refund:Teen anime club 1141.102 40.00 40.00 999363 04/03/2013 015788 BENTLEY, MARGARET refund:Health care provider CPR 52.00 52.00 999364 04/03/2013 015789 BROWN, RHONDA refund:lost materials:Library 18.99 18.99 999365 04/03/2013 015705 COOPER, DIANNE refund:sec dep:rm rental:Harveston 200.00 200.00 999366 04/03/2013 015700 DUPRE, MISTY refund:talent show for singers 60.00 60.00 999367 04/03/2013 013428 GREAVES, VIRGINIA M. refund:Tiny tots basketball 20.00 20.00 999368 04/03/2013 015790 HARFORD, ROCHELLE refund:lost materials:Library 28.21 28.21 999369 04/03/2013 015791 HASELWOOD, DEBRAN refund:Bear cub univ 4005.102 294.00 294.00 999370 04/03/2013 015792 HAYDON, JENNIFER refund:lost materials:Library 19.99 19.99 999371 04/03/2013 015702 KAUP, KEITH refund:Lifeguard training 5002.403 175.00 175.00 999372 04/03/2013 015793 KELLOGG, DAN refund:sec dep:rm rental:Harveston 200.00 200.00 999373 04/03/2013 015704 MASARANI, MARTINA refund:Senior excursion 4100.101 20.00 20.00 999374 04/03/2013 015794 MELARA, ANDREA refund:If I were a princess camp 74.00 74.00 999375 04/03/2013 015794 MELARA, ANDREA refund:digital video & photography 145.00 145.00 999376 04/03/2013 015703 MORIN, CHARLES refund:Lifeguard training 5002.403 175.00 175.00 999377 04/03/2013 015795 NASH, BRIAN refund:credit:rm rental:Library Rm A 70.00 70.00 Pagel 1 apChkLst Final Check List Page: 12 04/25/2013 3:00:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 999378 04/03/2013 015795 NASH, BRIAN refund:credit:rm rental:Library Rm B 70.00 70.00 999379 04/03/2013 015795 NASH, BRIAN refund:credit:rm rental:Library Rm B 910.00 910.00 999380 04/03/2013 015796 PAYNE, KIRSTEEN refund:If I were a princess camp 74.00 74.00 999381 04/03/2013 015797 PRATT, CAROL refund:Ballroom dance 3200.104 44.80 44.80 999382 04/03/2013 015798 RED -HORSE, WENONAH refund:The little mermaid 8570.101 190.00 190.00 999383 04/03/2013 015799 ROMANO, LAUREN refund:digital video & photography 145.00 145.00 999384 04/03/2013 015800 RUSHING, LAUREN refund:Lifeguard training 5002.404 140.00 140.00 999385 04/03/2013 015801 SANDERS, LORA refund:Lifeguard training 5002.403 175.00 175.00 999386 04/03/2013 015802 TOSCHAK, SILVIA E. refund:lost materials:Library 11.99 11.99 999387 04/03/2013 015803 VONK, ERIC refund:lost materials:Library 52.94 52.94 999388 04/15/2013 015807 BIRCHWOOD, ROMAN refund:lost materials:Library 12.33 12.33 999389 04/15/2013 015489 BLACKBURN, JULIE refund:Little miss charm school 36.00 36.00 999390 04/15/2013 015808 CORTEZ, PETER partial refund:sec dep:rental:conf ctr 100.00 100.00 999391 04/15/2013 015809 ELABDALLAH, FATIMA refund:lost materials:Library 46.45 46.45 999392 04/15/2013 015810 HIRAHARA, SCARLETT refund:Bigfoot's video game creator 32.50 32.50 999393 04/15/2013 015811 KARNS, HEIDI refund:sec dep:rm rental:TCC 200.00 200.00 999394 04/15/2013 015812 KETELSLEGER, SANDY refund:Bigfoot's cartoon mondays 40.00 40.00 999395 04/15/2013 015813 LAPWOOD, LAURA refund:Boot camp for beginners 35.00 35.00 Page:12 apChkLst Final Check List Page: 13 04/25/2013 3:00:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 999396 04/15/2013 015814 LEAL, LINDA refund:sec dep:rm rental:TCC 200.00 200.00 999397 04/15/2013 015815 LICATA, MATEO refund:Lifeguard training 5002.404 140.00 140.00 999398 04/15/2013 015816 LOFTON, PEGGY refund:lost materialsLibrary 18.95 18.95 999399 04/15/2013 015817 MIDDLETON, CANDICE refund:Intro to Excel 3013.102 80.00 80.00 999400 04/15/2013 014970 MIRANDA, BEATRIZ refund:Bigfoot's art academy 170.00 170.00 999401 04/15/2013 015818 PFUND, EDWARD refund:lost materials:Library 9.99 9.99 999402 04/15/2013 015819 RICE, MARIA refund:Little miss charm school 18.00 18.00 999403 04/15/2013 015820 ROBERTS, JEANNETTE refund:Soccer skills 2204.103 105.00 105.00 999404 04/15/2013 015821 TOTH, JUDY refund:Shallow water aerobics 22.40 22.40 999405 04/15/2013 015822 STANDING WARRIOR, KELLIE refund:Beg. gymnastics 1725.103 48.00 48.00 Grand total for UNION BANK OF CALIFORNIA: 515,272.84 Page:13 apChkLst Final Check List Page: 14 04/25/2013 3:00:53PM CITY OF TEMECULA 164 checks in this report. Grand Total All Checks. 515,272.84 Page:14 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: May 14, 2013 SUBJECT: City Treasurer's Report as of March 31, 2013 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of March 31, 2013. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of March 31, 2013. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of March 31, 2013 Investments City of Temecula, California Portfolio Management Portfolio Summary March 31, 2013 City of Temecula 41000 Main Street P.O. Box 9033 Temecula, CA, 92590 (951)694-6430 Par Market Book % of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 48,769,175.78 48,769,175.76 48,769,175.78 43.33 1 1 0.151 0.154 Retention Escrow Account 5,626,918.72 5,626,918.72 5,626,918.72 5.00 1 1 0.000 0.000 Letter of Credit 1.00 1.00 1.00 0.00 1 1 0.000 0.000 Local Agency Investment Funds 33,163,028.09 33,197,603.44 33,163,028.09 29.46 1 1 0.281 0.285 Federal Agency Callable Securities 7,000,000.00 7,043,810.00 7,000,000.00 6.22 1,592 1,157 1.177 1.194 Federal Agency Bullet Securities 18,999,999.99 18,1 59,98a. GO 1 7,99 6,770.00 15.99 1,253 739 0.879 0.891 Investments 112,559,123.59 112,787, 588.94 112,555,893.59 100.00% 300 191 0.362 0.367 Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 3,651,409.83 116,210,533.42 3,651,409.83 3,651,409.83 1 1 0.000 0.000 116,438,998.77 116,207,303.42 300 191 0.362 0.367 Total Earnings March 31 Month Ending Fiscal Year To Date Current Year 40,530.45 492,565.21 Average Daily Balance 119,288,721.36 127,251,243.71 Effective Rate of Return 0.40% 0.52% Reporting period 03/01/2013-03/31!2013 Run Date: 04125+2013 -14:28 Portfolio TEME CP PM (PRF_PM1) SymRept8.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2013 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 6003-2 CITY COP RE2 ASSURED GUARANTY 0.00 0.00 0.00 1.000 0.986 1.000 1 104348008-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BON D3 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAX1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMW D 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BON D2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006-2 03-6 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510-2 88-12 BON D2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 1 2221 6003-4 CITY COP RE4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 1 2221 600 0-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INTI First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94 43 41 61-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 Run Date: 04125!2013 - 14:28 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2013 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886008-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 107886000-2 RDA O6A INT2 First American Treasury 0.31 0.31 0.31 0.001 0.001 0.001 1 107886018-3 RDA 06B CIP3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886010-2 RDA O6B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,125.64 202,125.64 202,125.64 0.020 0.020 0.020 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886028-2 RDA 07 PROJ2 First American Treasury 209,656.83 209,656.83 209,656.83 0.020 0.020 0.020 1 107886026-2 RDA 07RES2 First American Treasury 1,104,139.42 1,104,139.42 1,104,139.42 0.020 0.020 0.020 1 136343006 RDA 10 DS 1 First American Treasury 1,263,969.74 1,263,969.74 1,263,969.74 0.020 0.020 0.020 1 136343008 RDA 1 OA CIP2 First American Treasury 19,948.54 19,948.54 19,948.54 0.020 0.020 0.020 1 136343001-2 RDA 10A -INTI First American Treasury 07/01/2012 1.48 1.48 1.48 0.001 0.001 0.001 1 136343018-2 RDA 10B CIP2 First American Treasury 1,186,453.72 1,186,453.72 1,186,453.72 0.020 0.020 0.020 1 136343000-1 RDA 106 -INTI First American Treasury 07/01/2012 0.74 0.74 0.74 0.001 0.001 0.001 1 94432360-2 TCSD COP INT First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 440,394.62 440,394.62 440,394.62 0.010 0.010 0.010 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 190,887.04 190,887.04 190,887.04 0.010 0.010 0.010 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 292,966.22 292,966.22 292,966.22 0.010 0.010 0.010 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 2,560,211.78 2,560,211.78 2,560,211.78 0.010 0.010 0.010 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 144.49 144.49 144.49 0.010 0.010 0.010 1 94669922-5 03-01 COI Federated Tax Free Obligations 08/01/2012 0.00 0.00 0.00 0.001 0.001 0.001 1 94669917-5 03-01 RES Federated Tax Free Obligations 08/01/2012 799.67 799.67 799.67 0.010 0.010 0.010 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 147,768.39 147,768.39 147,768.39 0.010 0.010 0.010 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 237,243.72 237,243.72 237,243.72 0.010 0.010 0.010 1 164741009-5 03-03 COI Federated Tax Free Obligations 08/01/2012 0.00 0.00 0.00 0.001 0.001 0.001 1 164741008-5 03-03 IMP Federated Tax Free Obligations 08/01/2012 936,487.77 936,487.77 936,487.77 0.010 0.010 0.010 1 164741006-5 03-03 RES Federated Tax Free Obligations 08/01/2012 388.79 388.79 388.79 0.010 0.010 0.010 1 164741000-5 03-03 SPEC Federated Tax Free Obligations 08/01/2012 535,394.87 535,394.87 535,394.87 0.010 0.010 0.010 1 164742009-5 03-06 COI Federated Tax Free Obligations 08/01/2012 0.00 0.00 0.00 0.001 0.001 0.001 1 164742006-5 03-06 RES Federated Tax Free Obligations 08/01/2012 776.18 776.18 776.18 0.010 0.010 0.010 1 786776006-5 03-06 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 08/01/2012 351,059.66 351,059.66 351,059.66 0.010 0.010 0.010 1 786776000-5 03-06SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669902-5 03-1bond fd Federated Tax Free Obligations 08/24/2012 0.51 0.51 0.51 0.001 0.001 0.001 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 276,066.35 276,066.35 276,066.35 0.010 0.010 0.010 1 793593009-5 03-2 EMW D11 Federated Tax Free Obligations 5,192.45 5,192.45 5,192.45 0.010 0.010 0.010 1 Run Date: 04/2512013 - 14:28 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2013 Page 4 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 793593016-5 03-2 LOC11 Federated Tax Free Obligations 141,977.71 141,977.71 141,977.71 0.010 0.010 0.010 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 3,491.98 3,491.98 3,491.98 0.010 0.010 0.010 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 368.21 368.21 368.21 0.010 0.010 0.010 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 657,513.58 657,513.58 657,513.58 0.010 0.010 0.010 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 1,144.19 1,144.19 1,144.19 0.010 0.010 0.010 1 744727006-5 03-3 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 744727011-5 03-3ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 507.44 507.44 507.44 0.010 0.010 0.010 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 07/01/2012 0.02 0.02 0.02 0.001 0.001 0.001 1 94686000-5 03-4 RED11 Federated Tax Free Obligations 44,350.84 44,350.84 44,350.84 0.010 0.010 0.010 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 65,501.18 65,501.18 65,501.18 0.010 0.010 0.010 1 744727000-5 03-SSPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 146161000-5 146161000-5 Federated Tax Free Obligations 07/01/2012 1.78 1.78 1.78 0.001 0.001 0.001 1 146161001-5 146161001-5 Federated Tax Free Obligations 0.29 0.29 0.29 0.001 0.001 0.001 1 146161006-5 RDA 11 DS11 Federated Tax Free Obligations 1,308,981.40 1,308,981.40 1,308,981.40 0.010 0.010 0.010 1 1 461 61 008-5 RDA 11ACIP11 Federated Tax Free Obligations 11,268,834.12 11,268,834.12 11,268,834.12 0.010 0.010 0.010 1 146161009-5 RDA 11ACOI11 Federated Tax Free Obligations 07/01/2012 0.00 0.00 0.00 0.020 0.020 0.020 1 94432363 02001 Financial Security Assurance 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 20,096,047.62 20,096,047.62 20,096,047.62 0.285 0.281 0.285 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 1,576,611.13 1,576,611.13 1,576,611.13 0.285 0.281 0.285 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 0.00 0.00 0.00 0.285 0.281 0.285 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 0.00 0.00 0.00 0.285 0.281 0.285 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,641,763.36 3,641763.36 3,641,763.36 0.285 0.281 0.285 1 122216008 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.285 0.281 0.285 1 1 2221 6003-1 CITY COP RE1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.285 0.281 0.285 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.285 0.281 0.285 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.285 0.281 0.285 1 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.285 0.281 0.285 1 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.285 0.281 0.265 1 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.285 0.281 0.285 1 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.285 0.281 0.285 1 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDA TABS RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94669905-0 03-01 REF USBANK 08/01/2012 0.00 0.00 0.00 0.000 0.000 1 744727099-0 03-03 REF USBANK 08/01/2012 0.00 0.00 0.00 0.000 0.000 1 786776099-0 03-06 REF USBANK 08/01/2012 0.00 0.00 0.00 0.000 0.000 1 SYS95453516-1 95453516-1 USBANK 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 Subtotal and Average 49,762,182.62 Run Date: 04/2512013 - 14:28 48,769,175.78 48,769,175.78 48,769,175.78 0.151 0.154 1 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2013 Page 5 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Retention Escrow Account 194012308-16 RJ NOBLE Bank of Sacramento 07/01/2012 173,219.83 173,219.83 173,219.83 0.000 0.000 1 ARMY CORPS Army Corps Union Bank 07/01/2012 600,082.17 600,082.17 600,082.17 0.000 0.000 1 SYSPI aza Prtnr PI aza Prtnr Wells Fargo Bank 07/01/2012 4,000,064.67 4,000,064.67 4,000,064.67 0.000 0.000 1 PORTOLA TRRC Portola Trrc Wells Fargo Bank 07/01/2012 853,552.05 653,552.05 653,552.05 0.000 0.000 1 Subtotal and Average 6,085,269.49 5,626,918.72 5,626,918.72 5,626,918.72 0.000 0.000 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2012 Subtotal and Average 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94669917-1 03-01-1 RES CA Local Agency Investment Fun 11/07/2012 765,371.06 765,371.06 765,371.06 0.285 0.281 0.285 1 164742006-1 03-06 RES -1 CA Local Agency Investment Fun 11/07/2012 306,148.42 306,148.42 306,148.42 0.285 0.281 0.285 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.285 0.281 0.265 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.285 0.281 0.285 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.285 0.281 0.285 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.285 0.281 0.285 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.285 0.281 0.285 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 11/07/2012 1,418,687.79 1,418,687.79 1,418,687.79 0.285 0.281 0.285 1 SYSCITY CITY CA Local Agency Investment Fun 19,134,693.26 19,156,262.48 19,134,693.26 0.285 0.281 0.285 1 SYSRDA RDA CA Local Agency Investment Fun 1,741.52 1,743.48 1,741.52 0.285 0.281 0.285 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.285 0.281 0.285 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.285 0.281 0.285 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.285 0.281 0.285 1 SYSTCSD TCSD CA Local Agency Investment Fun 11,536,386.04 11,549,390.21 11,536,386.04 0.285 0.281 0.285 1 Subtotal and Average 36,130,770.03 33,163,028.09 33,197,603.44 33,163,028.09 0.281 0.285 1 Federal Agency Callable Securities 3134G3BV1 01179 Federal Home Loan Mtg Corp 12/09/2011 1,000,000.00 1,014,070.00 1,000,000.00 1.400 1.381 1.400 1,348 12/09/2016 3134G3CL2 01181 Federal Horne Loan Mtg Corp 12/16/2011 1,000,000.00 1,004,160.00 1,000,000.00 1.000 0.986 1.000 806 06/16/2015 3134G3PH7 01186 Federal Home Loan Mtg Corp 02/24/2012 1,000,000.00 1,004,760.00 1,000,000.00 1.000 0.986 1.000 1,241 08/24/2016 3136FRB44 01172 Federal National Mtg Assn 07/22/2011 1,000,000.00 1,005,380.00 1,000,000.00 2.125 2.096 2.125 1,208 07/22/2016 3136FTBQ1 01176 Federal National Mtg Assn 10/24/2011 1,000,000.00 1,006,870.00 1,000,000.00 1.350 1.332 1.350 1,302 10/24/2016 3136FT4R7 01188 Federal National Mtg Assn 03/27/2012 1,000,000.00 1,007,580.00 1,000,000.00 1.000 0.986 1.000 1,275 09/27/2016 3135G0PR8 01191 Federal National Mtg Assn 10/09/2012 1,000,000.00 1,000,990.00 1,000,000.00 0.480 0.473 0.480 921 10/09/2015 Run Date: 04/2512013 - 14:28 Subtotal and Average 8,483,870.97 7,000,000.00 7,043,810.00 7,000,000.00 1.177 1.194 1,157 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2013 Page 6 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Bullet Securities 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,007,060.00 997,500.00 2.250 2.284 2.316 119 07/29/2013 31331KCA6 01164 Federal Farm Credit Bank 02/10/2011 1,000,000.00 1,010,310.00 1,000,000.00 1.375 1.356 1.375 315 02/10/2014 31331KTK6 01174 Federal Farm Credit Bank 08/01/2011 1,000,000.00 1,008,600.00 1,000,000.00 0.875 0.863 0.875 487 08/01/2014 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,026,200.00 1,000,000.00 1.300 1.282 1.300 1,284 10/06/2016 31331KK58 01177 Federal Farm Credit Bank 10/26/2011 1,000,000.00 1,016,770.00 1,000,000.00 1.050 1.036 1.050 938 10/26/2015 31331KV98 01178 Federal Farm Credit Bank 11/23/2011 1,000,000.00 1,015,030.00 1,000,000.00 0.970 0.957 0.970 966 11/23/2015 31331KY79 01180 Federal Farm Credit Bank 11/29/2011 1,000,000.00 1,001,200.00 1,000,000.00 0.500 0.493 0.500 242 11/29/2013 31331K2P4 01182 Federal Farm Credit Bank 12/09/2011 1,000,000.00 1,016,010.00 1,000,000.00 1.000 0.986 1.000 982 12/09/2015 31331K6P0 01183 Federal Farm Credit Bank 01/19/2012 1,000,000.00 1,012,300.00 1,000,000.00 0.850 0.838 0.850 1,023 01/19/2016 3133EA6K9 01192 Federal Farm Credit Bank 10/29/2012 1,000,000.00 1,000,380.00 1,000,000.00 0.410 0.404 0.410 941 10/29/2015 313372UH5 01166 Federal Horne Loan Bank 03/15/2011 1,000,000.00 1,004,500.00 1,000,000.00 1.125 1.110 1.125 165 09/13/2013 313374CZ1 01168 Federal Home Loan Bank 06/22/2011 1,000,000.00 1,010,960.00 1,000,000.00 1.000 0.986 1.000 539 09/22/2014 313376V77 01184 Federal Horne Loan Bank 01/23/2012 1,000,000.00 1,003,890.00 1,000,000.00 0.520 0.513 0.520 662 01/23/2015 313376YQ2 01185 Federal Home Loan Bank 02/13/2012 1,000,000.00 1,001,620.00 1,000,000.00 0.400 0.395 0.400 683 02/13/2015 313378AC5 01187 Federal Horne Loan Bank 02/22/2012 1,000,000.00 1,003,190.00 1,000,000.00 0.500 0.493 0.500 781 05/22/2015 313378QH7 01189 Federal Home Loan Bank 03/28/2012 1,000,000.00 1,013,680.00 1,000,000.00 0.900 0.888 0.900 1,092 03/28/2016 313381DZ5 01193 Federal Horne Loan Bank 11/28/2012 1,000,000.00 997,030.00 1,000,000.00 0.550 0.542 0.550 1,366 12/27/2016 3135G0HG1 01190 Federal National Mtg Assn 07/05/2012 1,000,000.00 1,001,350.00 999,270.00 0.375 0.399 0.404 714 03/16/2015 Subtotal and Average 17,996,770.00 18,000,000.00 18,150,080.00 17,996,770.00 0.879 0.891 739 Run Date: 04/2512013 - 14:28 Total and Average 119,288,721.36 112,559,123.59 112,787,588.94 112,555,893.59 0.362 0.367 191 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash March 31, 2013 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 7 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 03/01/2013 4,089.12 4,089.12 4,089.12 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2012 3,110.00 3,110.00 3,110.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2012 22,584.22 22,584.22 22,584.22 0.000 0.000 1 SYSGen CkAcct Gen CkAcct Union Bank of California 3,614,177.49 3,614,177.49 3,614,177.49 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2012 7,449.00 7,449.00 7,449.00 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 119,288,721.36 Run Date: 04/2512013 - 14:28 116, 210,533.42 116, 438, 998.77 116,207,303.42 0.362 0.367 191 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Fund # CITY OF TEMECULA CASH BALANCES AS OF MARCH 2013 Fund Name Fund Total 001 GENERAL FUND $ 29,251,662.64 100 STATE GAS TAX FUND 695,560.96 120 DEVELOPMENT IMPACT FUND 4,450,977.72 135 BUSINESS INCUBATOR RESOURCE 133,153.32 150 AB 2766 FUND 305,380.72 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 0.73 165 AFFORDABLE HOUSING 4,765,702.83 166 SARDA HOUSING 16,992,998.46 170 MEASURE A FUND 5,227,619.04 190 TEMECULA COMMUNITY SERVICES DISTRICT 36,135.18 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 261,614.69 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 10,518.84 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 256,292.12 197 TEMECULA LIBRARY FUND 244,012.75 210 CAPITAL IMPROVEMENT PROJECT FUND 10,841,288.98 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 2,560,356.27 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 936,487.77 277 CFD-RORIPAUGH 21,955,061.74 300 INSURANCE FUND 178,950.61 310 VEHICLES AND EQUIPMENT FUND 1,224,703.47 320 INFORMATION TECHNOLOGY 854,388.87 330 CENTRAL SERVICES 364,327.57 340 FACILITIES 116,304.15 375 SUMMER YOUTH EMPLOYMENT PROGRAM 4,701.26 380 SARDA DEBT SERVICE FUND 1,511,624.20 381 REDEVELOPMEN PROPERTY TAX TRUST 1,041,646.92 460 CFD 88-12 DEBT SERVICE FUND 86,308.65 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,007,722.85 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,178,904.92 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 116,167.00 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 2,292,419.69 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 681,856.77 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 5,811,695.12 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 23,741.01 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 38,800.05 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 29,634.95 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 4,445.58 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 10,660.61 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 17,859.89 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 5,571.03 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 29,159.34 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 16,393.62 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 7,796.23 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 1,648.02 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 28,565.88 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 584.94 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 5,462.27 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 2,279.12 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 57,301.74 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 923.40 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 23,327.78 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 60,204.14 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 166,062.65 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 84,559.73 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 1,379.50 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 12,656.41 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 77,178.74 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 37,513.84 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 1,953.30 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 1,956.32 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 255,821.79 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 5,614.66 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 33,195.22 Grand Total: $ 116,438,998.77 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, Interim City Manager DATE: May 14, 2013 SUBJECT: City Sponsorship of Abby Reinke Elementary School's "Odyssey of the Mind" Team to the World Finals (at the request of Council Member Washington) PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: Approve a City sponsorship to Abby Reinke Elementary School's "Odyssey of the Mind" Team to the World Finals in the amount of $5,000. BACKGROUND: Odyssey of the Mind is an international educational program that provides creative problem -solving opportunities for students from kindergarten through college. Team members apply their creativity to solve problems that range from building mechanical devices to presenting their own interpretation of literary classics. They then bring their solutions to competition on the local, state, and world level. Thousands of teams from throughout the U.S. and from about 25 other countries participate in the program. The competition has grown into one of the largest international creative problem -solving competitions worldwide. Temecula's Abby Reinke Elementary School has participated in this program for the last five years. The program is open to all students on the campus, grades K through 5. Interested students are divided into teams based on their grade and then into teams based on different problems. This year, the school had six competitive teams, each in different categories. The Abby Reinke "Pet Project" Team recently took first place at the Inland Empire Regional Tournament and moved on to also win the State Finals, beating 21 other teams. This is the first time a Temecula team has won the competition. Abby Reinke will now represent the City of Temecula at the upcoming World Finals to be held at Michigan State University on May 22-25, 2013. The Abby Reinke "Pet Project" Team is fundraising to pay for their trip to the World Finals. At the request of City Council Member Chuck Washington, this $5,000 sponsorship is being considered this evening. FISCAL IMPACT: There are sufficient funds available in the Economic Development line item to cover this expense. Item No. 6 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: May 14, 2013 SUBJECT: Professional Services Agreement for Environmental Science Associates (ESA) to prepare additional sections of the Program Environmental Impact Report (EIR) for the Jefferson Avenue Specific Plan PREPARED BY: Katie Innes, Associate Planner RECOMMENDATION: Approve the Professional Services Agreement with Environmental Science Associates, Inc. in the amount of $46,920 for the preparation of additional sections of the Program Environmental Impact Report for the Jefferson Avenue Specific Plan. BACKGROUND: To ensure compliance with the California Environmental Quality Act (CEQA), the preparation on an Environmental Impact Report (EIR) is underway for the Jefferson Avenue Specific Plan. The original contract to prepare the EIR for the Jefferson Avenue Specific Plan was approved on March 22, 2011. The original contract was executed between the Redevelopment Agency of the City of Temecula (RDA) and Environmental Science Associates (ESA), however, since the RDA was abolished on February 1, 2012, this new contract will be executed between the City of Temecula and ESA. The attached agreement is for Environmental Science Associates, Inc. to prepare additional sections of the Program EIR document including: biological resources, geology and soils, hazards and hazardous materials, population and housing; and increase the level of effort required for the transportation and traffic section; and prepare a water supply assessment in coordination with the Rancho California Water District. FISCAL IMPACT: Funds in the amount of $46,920 for environmental consulting services to be provided by Environmental Science Associates, Inc. have been budgeted in account number 001.161.999.5248 (consulting services). ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) PREPARATION OF ADDITIONAL SECTIONS OF THE PROGRAM ENVIRONMENTAL IMPACT REPORT EIR FOR THE JEFFERSON AVENUE SPECIFIC PLAN THIS AGREEMENT is made and effective as of May 14, 2013, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Environmental Science Associates (ESA), a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on May 14, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2014, 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 Ag ree me nt. 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 $46,920.00 [Forty Six Thousand Nine Hundred Twenty Dollars and 0/100] for the total term of this 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 thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts 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 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 riot 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 entitled "PAYMENT" herein. 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 ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate 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 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. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($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 projectilocation or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall riot exceed Twenty Five Thousand Dollars and No Cents ($25,000). 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, 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 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their 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 in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 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 affecting 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, Taws 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. 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 (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 14. ASSIGNMENT Environmental Science Associates (ESA) Attn: Eric J. Ruby or Deanna Hansen 9191 Towne Center Drive, Suite 340 San Diego, CA 92122 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 Ag ree me nt. 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 that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant 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. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Eric J. Ruby, Senior Vice President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Deanna Hansen, Vice President Environmental Science Associates (ESA) Attn: Eric J. Ruby or Deanna Hansen 9191 Towne Center Drive, Suite 340 San Diego, CA 92122 Phone: (858) 638-0900 1 Fax: (858) 638-0910 e-mail: ERuby@esassoc.com PM Initials: D 8 Date: EXHIBIT A Tasks to be Performed r ESA Community Development April 18, 2013 Mr. Patrick Richardson Development Services Director City of Temecula 41000 Main Street Temecula, CA 92590 9191 Towne Centre Drive Suite 340 San Diego, CA 92122 858.638.0900 phone 858.638.0910 fax Subject: Additional CEQA analysis for the Jefferson Corridor Specific Plan EIR Dear Patrick: www.esassoc.com Per the City of Temecula's request, ESA has prepared an amendment to our approved Jefferson Avenue Corridor Specific Plan EIR scope of work and budget. This proposed amendment is a revision to our previous February 11, 2013 proposal and, as such, supersedes and replaces that previous proposal. Consistent with the City's direction, this proposed contract amendment includes the following: provision of EIR sections for biological resources, geology and soils, hazards and hazardous materials, and population and housing; an increase in the level of effort required for the traffic and circulation analysis; and preparation of a Water Supply Assessment in coordination with the Rancho California Water District. This scope of work amends and is supplemental to the original March 14, 2011 scope of work. Scope of Work Task 1. Biological Resources ESA will prepare a biological resources EIR section that addresses all CEQA Guidelines Appendix G biological resources questions. The analysis will include an evaluation of existing biological literature, the California Natural Diversity Database (CNDDB), the California Native Plant Society (CNPS) Online Inventory of Rare and Endangered Plants, and the Riverside County Integrated Plan (RCIP) Conservation Summary Report Generator. Moreover, the Specific Plan area contains riparian/riverine areas within the confines of Murrieta Creek that could potentially fall under the jurisdiction of U.S. Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), Regional Water Quality Control Board (RWQCB), and/or Riverside County. As this is a Program EIR, site specific surveys and delineations will not be conducted; rather, the EIR will describe the sensitive biological resources using approximate boundaries and, as mitigation, will require the appropriate protocols and performance measures for any necessary future surveys, jurisdictional delineations, and coordination with the appropriate resource agencies once development is proposed. The findings from the database search and existing biological literature as well as the subsequent impact analysis will be incorporated directly into the EIR. A separate technical report will not be prepared. Task 2. Geology and Soils ESA will prepare an EIR section that addresses all CEQA Guidelines Appendix G geology and soils questions and discusses the underlying geology and soils within the project site. The existing condition discussion and project impact analysis will be based on existing geotechnical documentation that has already been conducted within the project area as well as information contained within the City's database. The level of detail will be presented at a general level to correspond to a plan level analysis. ESA assumes City engineering or geological staff will review the section and provide/confirm feasible mitigation measures for future development within the plan area. No new research or investigation is anticipated for this task and no separate technical report will be prepared. Task 3. Hazards and Hazardous Materials ESA will prepare an EIR section that addresses all CEQA Guidelines Appendix G hazards and hazardous materials questions and summarizes the existing contaminated sites within the project site, the presence of potential hazards, and the potential of the project to cause a significant hazards and hazardous materials impact on the environment. The existing condition discussion and project impact analysis related to hazardous materials will be based on the Department of Toxic Substantces Control's (DTSC) Envirostor, the State Water Resources Control Board (SWRCB) Geotracker site, and other accepted databases, if and as necessary. The level of detail that will be provided in the EIR section will be broad and general in context, suitable for analysis at a plan level. The results of the analysis will be incorporated directly into the EIR and no separate technical report will be prepared. Task 4. Population and Housing ESA will prepare an EIR section that addresses all CEQA Guidelines Appendix G population and housing questions and summarizes the existing population and housing characteristics onsite and the potential for the project to result in a substantial change to the existing population and housing. ESA will use data from the Southern California Association of Governments, the U.S. Census, and the California Department of Finance for establishing existing population and housing characteristics and to discuss future growth. The level of detail that will be provided in the EIR section will be broad and general in context, suitable for analysis at a plan level. The results of the analysis will be incorporated directly into the EIR and no separate technical report will be prepared. Task 5. Traffic and Circulation — Revised Scope of Work Fehr & Peers and other members of the project team have met with the City of Temecula to solicit input and approve a traffic study scoping agreement. Consistent with discussions with the City Traffic Engineering Division and further coordination with the Planning Division, the following is a revised scope of work for traffic. This scope of work replaces and supersedes the scope of work contained in our original contract. This scope of work provides for an expanded study area, including new counts and subsequent assessment of 30 intersections and 9 roadway segments. 5.1 Traffic Study Initiation Specific items that will be addressed with the City in this task, and the resulting scoping agreement include: Determination of study area Study intersections Study roadway segments Project description Project trip generation Project trip distribution Proposed and approved projects for cumulative traffic Ambient (background) traffic growth assumptions or integration with City's model Process for opening year and cumulative project forecast methodology Preliminary trip generation estimates will be identified through a review of the build -out projections completed by KMA. Fehr & Peers will input these built -out projections into RIVTAM. Trip distribution and assignment results from the model will be used to help identify the study intersections. Following the completion of this meeting, Fehr & Peers will update the draft scoping agreement, as needed. 5.2 Existing Conditions Analysis Fehr & Peers will analyze existing conditions within the study area as defined in Task 5.1. This scope of work assumes that new counts will be required at 30 intersections and 9 roadway segments. Fehr & Peers will also conduct a field review to document the existing roadway and intersection configurations within the study including the location of traffic control devices, sidewalks, and transit facilities. Level of Service (LOS) analyses will be prepared for analyzed intersections and roadway segments. The methodology used for each will be consistent with requirements described in the City's Traffic Impact Analysis Guidelines. 5.3 Project Traffic Forecasts In this task, Fehr & Peers will identify project traffic estimates for daily and peak hour periods using the data identified in the traffic study scoping agreement prepared in Task 5.1. Appropriate reductions will be applied to the project trip generation to account for the following: Internalized project trips Diversion of auto trips to transit Increased levels of walking and biking 5.4 Background Traffic Forecasts Fehr & Peers will prepare traffic forecasts for up to three scenarios, consistent with the scenarios identified in the City's Traffic Impact Analysis Guidelines, which include: Existing Traffic Conditions (with project) Cumulative Traffic Conditions (without project) Cumulative Traffic Conditions (with project) The Cumulative Scenario analysis will require the preparation of additional Background Traffic forecasts using data sources including lists of Cumulative Projects and the City's General Plan. The General Plan Buildout traffic data will be obtained from RIVTAM, as Fehr & Peers is one of the on-call consultants currently authorized to use RIVTAM. As Fehr & Peers currently has access to the model and have used it for a variety of projects throughout Riverside County, it is anticipated that traffic volumes for the General Plan Buildout Scenario can be easily obtained. The process employed to identify these Cumulative Project forecasts will be identified and verified during the initial meeting with City Staff. Roadway segment and intersection Level of Service (LOS) analysis will be conducted using the same methodologies employed in Task 5.2. A traffic signal warrant analysis will be performed at any unsignalized analyzed intersections within the study area. 5.5 Safety and Operational Analysis Fehr & Peers will evaluate the existing roadway conditions to determine of safety and/or operational improvements will be necessary due to the increase in traffic from the project or cumulative projects. 5.6 Traffic Impacts and Mitigation Measures Fehr & Peers will identify impacts associated with the Project Traffic using City of Temecula Significance Criteria. If any impacts are identified, mitigations will be developed. These mitigation measures could include traffic signal improvements, roadway widening, or other related items. We will also consider the benefits of the City's Adaptive Traffic Control System (ATCS) related to any roadway segment and intersection impacts and mitigation measures. The project fair share of mitigation costs will be calculated for each study area analyzed intersections, and will be calculated for each analyzed peak hour. 5.7 Site Plan and Alternative Modes Review Fehr & Peers will also conduct a review of the project site plan related to site access, internal circulation, and emergency vehicle connectivity. It will address the adequacy of the proposed circulation and will also identify the traffic control at the project driveways and/or intersections. Concurrent with this site plan review, Fehr & Peers will also determine if there are any conflicts with adopted programs and policies related to alternative travel modes like bicycles, pedestrians, and transit. 5.8 Documentation and Support Fehr & Peers would produce a draft Traffic Impact Analysis (TIA) report, summarizing Tasks 5.1 through 5.7. The draft TIA will be consistent with the format and requirements described in the City's Traffic Impact analysis Guidelines. The TIA will be signed and stamped by a Traffic Engineer or Civil Engineer registered in the State of California, qualified to practice traffic engineering. The draft TIA will be updated following the receipt of any comments from the project team and City Staff. ESA staff will develop an EIR section from the information contained in the TIA. Fehr & Peers will provide limited assistance related to the development of the EIR Section and responses to public comments on the Draft EIR. This scope assumes Fehr & Peers would attend up to three meetings related to the preparation and review of the EIR. These meetings could include Project Team meetings, meeting with City Staff, Public Hearings, or other meetings as needed. Task 5. Water Supply Assessment For the Water Supply Assessment (WSA) ESA will meet with the City to review the scope of work and available information to ensure that the most recent project demand projections are available. We will assign communication protocols if necessary to apply to the data collection efforts. ESA will prepare a data request to the City that will include water supply planning information available from the Rancho California Water District (RCWD), including the Urban Water Management Plan, Integrated Resources Management Plan, and other source material needed from Metropolitan Water District (Metropolitan) and Eastern Municipal Water District (EMWD). The data request will also include project description and water demand information from the City, including potable and non -potable demands. We assume that the water supply for the proposed project would be imported water and recycled water from EMWD, and not from local groundwater sources. This scope does not include assessment of groundwater supplies available to the project beyond those documented in RCWD water supply projections. ESA will meet with RCWD staff as necessary to review project demand projections and evaluate consistency with existing water supply plans. ESA will discuss the contents of the WSA with RCWD to ensure the necessary information is incorporated to their satisfaction. ESA will also meet with the City of Temecula as necessary to review demand assumptions. ESA will prepare a draft WSA for review by the City and RCWD. The WSA will include a Project Background section that provides an overview of the SB 610 requirements; a project description that includes water demand projections; a water availability section that summarizes existing data on water supply availability in the RCWD service area; and a summary section that provides conclusions of the assessment. The WSA will include data from existing water management plans and will evaluate the proposed project's consistency with the future water supplies. ESA will incorporate comments on the draft WSA into a final WSA. We assume that one round of comments will suffice and that the comments will not be extensive. We assume that our project initiation task will ensure that the WSA content and format will be acceptable to RCWD, resulting in minor comments on the draft. Cost Estimate The following cost estimate (Table 1) has been prepared to outline estimated costs to complete the above outlined tasks. The scope of work in our previous contract provided for a total of $27,500; with the revisions contained herein, an additional $13,570 would be required to complete this scope of work item, as shown in the following table. TABLE 1 COST ESTIMATE — JEFFERSON CORRIDOR SPECIFIC PLAN EIR AMENDMENT #1 TASK COST Task 1 — Biological Resources $11,200 Task 2 — Geology/Soils EIR Section $3,850 Task 3 — Hazards and Hazardous Materials EIR Section $3,800 Task 4 — Population and Housing EIR Section $2,850 Task 5 — Traffic and Circulation (Previous budget authorization — $27,500; total budget for revised scope — $41,070) $13,570 Task 6 — Water Supply Assessment (WSA) $11,200 Subtotal— Labor $46,470 Document Reproduction (for additional EIR pages and figures and WSA) $350 Reimbursable Expenses (in-house copying, mileage, postage, etc.) a $100 Total $46,920 Our services will be billed monthly on a time -and -materials basis according to the requirements set forth in our previous contract. Should the need arise for additional professional services beyond those set forth in the scope of services due to revisions to the project, the regulatory environment, requirements exceeding our specified budget allowances, ESA will only undertake such additional services upon receipt of authorization by the City of Temecula. We look forward to providing these services to the City of Temecula. Sincerely, Bobbette Biddulph Vice President/Southern California Regional Director EXHIBIT B Payment Rates and Schedule ESA JEFFERSON CORRIDOR SPECIFIC PLAN EIR SCHEDULE OF FEES April 18, 2012 I. Personnel Category Rates Charges will be made at the category hourly rates set forth below for time spent on project management, consultation or meetings related to the project, field work, report preparation and review, travel time, etc. Labor Category Senior Director Director Senior Managing Associate Managing Associate Senior Associate Associate Project Technicians $200 $180 $165 $140 $120 $90 $70 11. ESA Expenses A. Travel Expenses 1. Company vehicle — IRS mileage reimbursement rate 2. Common carrier or car rental — actual multiplied by 1.15 B. Communications Fee In-house costs for phone, e-mail, fax, regular postage, walk-up copier, and records retention — project labor charges multiplied by 3% C. Printing/Reproduction Rates Item Ratelpage 81/2x11 b/w 11 x 17 b/w 8 1/2 x 11 color 11 x 17 color Covers Binding HP Plotter CD $0.05 $0.10 $1.00 $1.50 $0.50 $1.00 $25.00 $10.00 Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: May 14, 2013 SUBJECT: Agreement for Weed Abatement Services with Inland Empire Property Services, Inc. for Fiscal Year 2012-13 PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Approve an Annual Agreement with Inland Empire Property Services Inc., to provide Weed Abatement Services for Fiscal Year 2012-13 in the amount of $40,000. BACKGROUND: Each spring, the City of Temecula embarks on the process for the forced abatement of weeds in association with hazardous vegetation. The City contracts with an approved weed abatement company to ensure the removal of hazardous vegetation for parcel owners that are not in compliance with the Temecula Municipal Code Section 8.16.020, Duty to Abate Hazardous Vegetation. Parcel owners in violation of the code are billed to recover the service costs plus an administrative fee. The City places a lien on the properties that do not remit payment to facilitate cost recovery for the services. A Request for Proposals (RFP) was conducted in Fiscal Year2009-10 for weed abatement services. After reviewing the proposals, staff selected Inland Empire Property Services, Inc. for a three-year contract. Inland Empire Property Services is currently in the final year of their contract. FISCAL IMPACT: Sufficient funds in the amount of $40,000 are budgeted in the Fiscal Year 2012-13 Code Enforcement's line item 001.162.611.5440 (Weed Abatement). ATTACHMENTS: Agreement AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN CITY OF TEMECULA AND INLAND EMPIRE PROPERTY SERVICES, INC. WEED ABATEMENT SERVICES FOR FISCAL YEAR 2012-13 THIS AGREEMENT is made and effective as of May 14, 2013 between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Inland Empire Property Services, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on May 14, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 31, 2013, unless sooner terminated pursuant to the provisions of this Agreement. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty Thousand Dollars ($40,000) annually unless additional payment is approved as provided in this Agreement. b. Contractor 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. Contractor shall be compensated for any additional services in the amounts and in the mariner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor 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 Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 1 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 Ag ree me nt. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 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 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. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 8. 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 2 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, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 Contractor'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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum 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 Contractor 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 Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. 3 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) 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 shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, 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 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 of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this 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 Contractor 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. 4 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. Contractor 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 Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor 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 Agreement. 13. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, Taws 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 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 Contractor to comply with this section. 5 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 Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. 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 Agreement, Contractor shall file an affidavit with the City Manager 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. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval 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 hislher 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 that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, 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. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 6 21. 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. 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 riot 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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Contractor: 23. ASSIGNMENT Inland Empire Property Services, Inc. Attn: Charles Maciel PO Box 9088 Moreno Valley, CA 92552-1908 The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor'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 Contractor. 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 City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to 7 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. 26. 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. 27. 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. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 28. PERFORMANCE BOND Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City in Exhibit D. No payment will be made to Contractor until it has been received and approved by the City. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA INLAND EMPIRE PROPERTY SERVICES, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Charles Maciel, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Serena Maciel, Chief Financial Officer Inland Empire Property Services Attn: Chuck Maciel PO Box 9088, Moreno Valley CA 92552 951.924.6905 Fax: 951.927.7773 gotweeds@msn.com 9 PM Initials: D Q Date: v EXHIBIT A SCOPE OF WORK The contractor shall provide Weed Abatement Services to the City of Temecula in accordance with Exhibit "A" Mich consists of Part 1 Procedures, and Part 2 Instructions. Conditions and Legal Requirements. PART 1: PROCEDURES TRACTOR MOWING 1. General mowing of vegetative ground cover may be accomplished provided that an approved, heavy duty mower is used, and that the vegetation is cut to a length of no higher than four (4") inches from the solid surface and as close to adjoining improvements as possible. Contractor shall mow at an appropriate speed to effectively mow the vegetation but not so fast that rt knocks the weeds down permitting them to stand back up days later, 2. Operation and Maintenance — Tractor mowers will be operated by a qualified, cooperative, experienced operator. They will be operated and maintained in good condition by the contractor at his expense and on his own time. 3. Safety Shields — All tractor mowers are to be equipped with safety shields to prevent or reduce the throwing of rocks or other material that could result in injury or damage to private property. 4. Clean-up of Streets and Sidewalks — All streets and sidewalks are to be left in a clean condition. Necessary tools for cleaning streets and sidewalks are to be available on the job site. The charge for this operation shall not be separate, but will be included in the unit price for cleaning the parcel. At a minimum, clean up shall be consistent with current NPDES regulations. 5. Discing Weed abatement by discing shall not be an approved method of hazardous vegetation removal. 6. Dust Control — During windy conditions. the contractor shall postpone work until the wind subsides or watering is provided to minimize blowing dust. 7. Fire Fighting Safety Equipment — All tractors are to be equipped with an approved spark arrestor when not equipped with turbo charger and also an approved 2-112 gallon pressurized water type fire extinguisher and shovel 8. Transport Truck — The transport truck for hauling the tractor and mower shall be of suitable size and horsepower to easily maneuver and negotiate all terrain traveled to reach the job sites. Transports should have a tilt type bed for easy loading and unloading. All equipment must meet highway specifications and safety regulations. Trucks will be in good mechanical condition and will be operated and maintained at the expense of the contractor and at a time before or after working hours. 10 9. Flagman — If required or necessary for any reason, the contractor will furnish, at no expense to the City. flag -persons for loading and unloading of equipment. EQUIPMENT — The primary equipment allowed for weed abatement will be tractors with mowers. The use of non -authorized equipment or methods will resuht in non-payment by the City. The contractor selected shall furnish tractors, mowers. etc in all areas suitable to complete the job of mowing the property. The contractor shall also provide transportation to and from the job sites for his equipment and all necessary fuel, etc.. shall be furnished at his!her own expense. STANDARD FOR CLEARING The purpose of removal is for the reduction of fire and safety hazards and will be accomplished by turning under and mixing weeds with the soil or by mowing. hauling, trimming. and grubbing using manual labor or by any combination of methods that are approved and included in the scope of the contract. All clearing must meet the specifications of the Hazard Reduction Program and must be approved in writing by the Code Enforcement Division. 1. Method of Clearing — Parcels of five (5) acres and less will be cleared completely. Where the acreage consists of more than five (5) continuous acres. a one hundred (100) foot wide strip shall be cleared at the perimeter of the property, and through the remainder of the property there shall not be any portion of land larger than two and one-half (2-1/2) acres which is not enclosed by itself within such a strip, which shall be a fire break If the clearing is made in accordance with this standard. the payment will be based on fifty (50) percent of the total square footage of the parcel. It may be determined that only a portion of a parcel exceeding five (5) acres needs to be cleared to adequately provide the necessary fire protection to the surrounding improvements. In these cases, payment would be based on actual square footage mowed. The Code Enforcement Division will make this determination when necessary. HAND CLEARING AND HAULING 1. General — Whenever it is impractical by reason of topography, location of trees, shrubbery, buildings, fences or type of vegetative cover to use a tractor mower and when authorized by the Building Official, or designee, the vegetation shall be removed or thinned by hand labor using hand labor type tools. Hand crews shall consist of not less than two people. Additional manpower may be used. however no additional compensation will be allowed. 2. Disposal of Cuttings — The excess accumulated material cut down by hand labor shall be disposed of by hauling the material to the nearest County landfill site, or an approved "clean green waste" compost facility. 3. Required Tools and Equipment — The contractor shall furnish all hand tools, power equipment and safety equipment necessary to accomplish the specified work. 4. Hauling Trimmings — Hauling of trimmings due to hand clearing are considered one and of the same type of operation and therefore billing will bo considered the same. 5. Type of Work Authorized — The amount of work and type of work to be performed shall be under the direction of, and only with. the authorization of the Building Official, or designee. 11 6. Hand Clearing Charges to Include Loading — Hand clearing charges on parcels to be cleared will include the loading of vegetative materials that are to be removed to the nearest landfill site or compost facility. Removal charges can be added if a landfill tipping fee receipt is presented with the billing 7 Travel Time to Landfill — Travel time to and from the landfill or compost facility shall not be charged The contractor's charge for the truck should be included as part of the rate. RUBBISH, REFUSE AND DIRT 1 General —Whenever it is impractical by reason of location of rubbish, refuse, and dirt to use a tractor mower and when authorized by the Building Official, the rubbish, refuse, and dirt shall be removed. The degree of removal to be accomplished on any parcel will be specified by the Code Enforcement Division. Definition of rubbish, refuse, and dirt are as follows, discarded asphalt and concrete, abandoned foundations, litter, trash, trees, piles of dirt; making clearing of the parcel impossible. Contractor shall photograph the debris prior to removal and a second photograph shall show the trash in the haul away vehicle for comparison. Photographs shall shove the date and Assessor's Parcel Number. Digital photographs are the only acceptable method of documentation 2. Disposal of Rubbish, Refuse, and Dirt — The material shall be disposed of by hauling the material to the nearest County landfill site_ 3. Required Tools and Equipment — The contractor shall furnish all equipment necessary to accomplish the specific work. 4. Charges: Rubbish, and Refuse — The charge for clearing of rubbish and refuse from a parcel will include the clearing and loading of the materials that are to be removed to the landfill site and the hauling of the materials to the landfill site are considered one and of the same type of operation and therefore billing will be considered the same. 5. Travel Time to Landfill — Travel time to and from the landfill shall not be charged. This charge is included in the rate. 6. Exceptions — Any exceptions to the foregoing regulations will be at the discretion of the Building Official, or designee, should special circumstances exist PART 2: INSTRUCTIONS, CONDITIONS. and LEGAL REQUIREMENTS 10. All services provided by the Contractor shall be performed in strict accordance with the City of Temecula Municipal Code Chapter 8.16 and Chapter 3 Section 304 of the California Fire Code Edition 2010, as adopted by Chapter 15 16 of the Temecula Municipal Code. 11. Contractor shall identify those services, if applicable, that will be out -sourced to a subcontractor. The prime Contractor will be responsible for verifying the qualifications and validity of all licenses, permits and quality of work for any out -sourced work to subcontractors 12 The prime Contractor is also responsible for paying its employees and any subcontractors the prime Contractor hires. 12. All work performed shall be done in a prompt, thorough, lawful and professional manner. Contractor shall perform work in accordance with all applicable Federal. State, and local laws. labor laws, rules, ordinances, regulations, and permit conditions. Selected Contractor is also responsible for complying with all OSHA standards and COSHA standards and requirements. If Contractor out -sources any work or job to a subcontractor, it will be the prime Contractors responsibility to ensure that all subcontractors meet the requirements as stated in this RFP. The awarded contracting firm shall at all times take precautions (where necessary) to insure the protection of the public are met. The Contractor shall review and be familiar with the conditions of approval of the weed abatement permit issued by the Federal Fish and Wildlife Service related to weed abatement on sensitive habitats 13. The Contractor shall be an independent contractor, and nothing shall be construed to cause the Contractor to be deemed or represent itself as an agent or employee of the City 14. The Contractor shall be excused from performance hereunder during the time and the extent that he/she is prevented from obtaining, delivering, repairing, or performing in the customary manner, by acts of God, fire, war, strike. and Toss or shortage of transportation facilities. Contractor shall provide the City satisfactory evidence that non-performance is due to other than fault or negligence on the Contractors part. 15. The selected Contractor agrees to maintain a City of Temecula Business License for the duration of the contract. 16. All work shall be done by qualified personnel. Contractor shall provide copies of all Federal, State, County and City licenses or certificates required by this contract. 17. Contractor agrees that all service by the contractor shall be to the satisfaction of the City's Code Enforcement personnel. In the event that the Contractor defaults on performance of any of these requirements, then the City shall have the right to terminate this agreement upon thirty (30) days written notice delivered to the Contractor by certified mail or courier. The Contractor shall maintain the contract during the termination period. Termination of the contract will not relieve the Contractor of any liability to the City for damages sustained by the City because of any breach of contract by the Contractor. and the City may withhold any payments to the Contractor until such time as the exact amount of damages due the City from the Contractor is determined. 18. The term of the contract shall commence upon award by the City Manager/City Council and continue through June 30, 2011. The City reserves the option to extend the contract(s) under the same terms and conditions for an additional two years. 19. The contract between Contractor and the City is non -transferable. Contractor shall under no circumstances assign the agreement without written permission of the City. Contractor shall notify the City, in writing, of any change in shop ownership at least thirty (30) days prior to said change. 20. The City's terms for payment are net thirty (30) days upon receipt of invoice. Contractor shall submit invoices between the first and fifteenth business day of each month for 13 services provided the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all undisputed fees. 21. The City reserves the right to add or eliminate parcels and neighborhoods to the scope of work of the Weed Abatement Contract. as circumstances require. Contractor agrees pricing will be the same for any additional parcels. 22. The Contractor shall take clear and concise digital photographs of the area demonstrating need for abatement and shall submit photos to Code Enforcement along with billing summary/invoice. The photos will be taken immediately "before" and "after" abatement work is done and shall be submitted to the department. If the photos do not show justification of charge, payment will not be made. Each photo shall include time and date of when taken and reference the parcel numbers represented. Digital photographs are the only acceptable method of documentation. Each "after' photo shall bo takon from the same location as the "before" photo and shall include an outstanding landmark. 23. The Contractor shall not miss more than two (2) consecutive days or more than five (5) days out of a twenty (20) day period, when work has been assigned, regardless of the reasons (i.e., equipment failure, illness, etc.) 24. In case of default by the Contractor. the City may procure the work or services from an alternate contracting firm. The City may deduct any excess cost from any unpaid balance due the assigned Contractor, or may bill for the same at the City's discretion The prices paid by the City, in such events shall be considered the prevailing market price at the time of purchase. 25. The work, labor andior materials which the Contractor proposed to furnish to the City must comply in all respects with the appropriate equipment and safety regulations of all Federal, State and local regulatory commissions whether such equipment or safety features have been specifically outlined or required in these specifications or not. 26. Where there are locked gates to the property, the Contractor will be given instructions on how to enter the property. The Contractor will be responsible for any damage done not in accordance to given instructions. 27. All mowing or other services must be done during the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday except City recognized holidays. The contractor shall not charge a premium rate for Saturday work. 28. Complaints — The Contractor will be responsible for promptly answering inquiries and complaints of the Building and Safety Department or private property owners or citizens relative to any work, charges, damage or any other questions that may arise as a result of abatement operations by the Contractor, 29. Operations may be suspended at any time by the Building Official, or his designee. until appropriate corrective measures are taken. if any. of the conditions set forth in this contract are found to exist. 30. Final Decisions — All scheduling of clearing operations will be determined by the Building Official. or his designee. At any time during the clearing operations, should a controversy arise as to the number of lots cleared, the amounts of work done, or not to be done, 14 or the size of parcels cleared by the Contractor. the matter will be studied and explained fully and the decision made by the Building Official, or his designee, shall be final. 31. Hold Harmless Clause — The Contractor shall indemnify and hold harmless the City of Temecula, its officers, agents, and employees, from and against any and all claims, demands, loss or liability of any kind or nature which the City of Temecula, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to. or death of persons; or damage to property arising out of or in any manner connected with the negligence or lack of care of the Contractor, his officers, agents, or employees in the performance of this contract. This provision shall include any and all claims arising from subcontractors retained by the Contractor. 32. Reports of Damage — The Contractor will promptly notify the Code Enforcement Division of any damage to private property as a result of abatement operations. 33. Transportation — All transportation of equipment and personnel to and from the job site will be arranged by the Contractor. 34. Sanitary Facilities — The Contractor shall be responsible for making available the sanitary facilities necessary for all his personnel. Aforementioned sanitary facilities shall meet the standards of State and local law. 35. Parking Equipment — The Contractor shall make arrangements for parking sites for his equipment at night and on Sundays or holidays. Equipment shall not be parked or stored on private property without the express permission of the property owner. 36. Removal of Items from Private Property — Under no condition will the Contractor or his agent or workmen remove any item or items from any private property except that which has been authorized by the Building Official, or his designee. 37. Operations — The Contractor is required to provide sufficient operable equipment, replacements, and personnel during hazard abatement clearing as deemed necessary by the Building Official, or his designee. Removal of any such equipment designated to the Abatement Program without an immediate replacement must be approved by the Building Official, or his designee. 38. Termination of Operations — Final authorization to terminate abatement operations will be made by the Building Official, or his designee. 39. Furnish Manpower and Equipment — The Contractor shall furnish all supervision, labor, materials, equipment and tools such as, but not limited to tractors, trucks, mowers, whip hoes, rakes and other tools and equipment as required for the removal of weeds, debris and vegetative growth from parcels. within the City of Temecula. 40. Unauthorized Work — Payment will not be made to the Contractor for work accomplished that was not authorized by the Building Official. 41. Interpretation of Specifications — Should it appear that any matter relative to these specifications has not been sufficiently detailed or explained, the Contractor shall contact the Code Enforcement Division for clarification. In the event that satisfaction has not been reached, the contractor may appeal to the Building Official. 15 42. Error or Omission of Specifications — The Contractor will not be allowed to take advantage of any error or omission in these specifications and plans. Full instructions will always be given by the Building Official or his designee. when such error or omission is discovered. 43. Supervision Furnished by Contractor — The Contractor at his own expense shall be responsiblo for providing qualified Supervision in all areas of operations. All supervisors must be experienced and verbally capable of communicating with the Code Enforcement Officers. The supervisor will make necessary reports and work directly with the Code Enforcement Division in Building and Safety and scheduling the work. 16 EXHIBIT B PAYMENT RATES AND SCHEDULE 17 A) Weed Abatement • Mowing $105.00 Up to 1 Acre (does not include handwork) • Each Additional Acre $99 75 Per Acre or fraction thereafter (does not include handwork) • Parcels one quarter (0.25) Acre or less $145 (includes handwork) • Handwork — weed eating $45.00 Per Man Hour (work that cannot be performed with tractor along property edge fence lines) • Dust Control • Special Equipment (Bobcat: for slopes or other areas needing special equipment for clearing) • Dozer Work $125.00 Per Hour 4 Hour Minimum Plus Water Charges $125.00 Per Hour $600 Per Hour 4 Hour Minimum B) Clean up & Trash Removal • Trash Removal $105.00 Per Cubic Yard • Asphalt/Concrete Removal $125 00 Per Cubic Yard • Dump Fees Actual Receipt (Copy) C) Pool Pumping • Pool `Spa Pumping $325.00 Includes pumping of 1 pool andlor 1 spa D) Securing; board up of vacant'abandoned'substandard structures • Minimum Charge $150.00 • Small Window Under 24x24 $75.00 • Standard Window Under 48x48 $90.00 • Large Window under 48x96 $100.00 • Jumbo Window under 96x96 $125.00 • Slider Window $125.00 • Pedestrian Door w/o hinges $100.00 • Pedestrian Door wt hinges $125.00 • Garage Door Time and Material © $45.00 Per Man Hour 18 E) Demolition and removal of Structures • Time and Materials F) Installation of Temporary fencing • Time and Materials G) Emergency Abatement of wells, septic tank systems, or excavations • Time and Materials H) Photographing and otherwise documenting work performed under the contract • CD of Digital Color Photos Included 1) Travel Costs • Not applicable. Except after 4:30pm — Time and a half. plus materials. J) Administrative Overhead costs related to this contract Included • Invoice attached to a CD with the property address or APN# clearly marked. K) Other Services Provided — Tree Trimming • Trimming of Tree 8' up from Ground S45 Per Hour Plus $40.00 Per Cubic Yard (plus actual dump cost) • Trimming of Tree above 8' from Ground $45 Per Hour Plus S40.00 Per Cubic Yard (plus actual dump cost. plus Boom Lift rental cost) L) Fence Repair • Time and Materials S45.00 Per Mari Hour 19 Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: May 14, 2013 SUBJECT: Agreement with KTU+A for Phase I of the Multi-UseTrails and Bikeways Master Plan Update PREPARED BY: Matt Peters, Associate Planner Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Approve an Agreement for $45,000 with KTU+A for Phase I of the Multi -Use Trails and Bikeways Master Plan Update. BACKGROUND: City Council adopted the Multi -Use Trails and Bikeways Master Plan in January 2002. Since then, the document has been used to condition new development for bike lane and trail infrastructure, resulting in the creation of 22 miles of trails and 45 miles of bike lanes. Where much has been accomplished, the network remains fragmented and an update to the Master Plan is needed to create a cohesive system. A Request for Proposals (RFP) to update the Master Plan was issued February 25, 2013, with the deadline for submitting proposals on March 11, 2013. The City's Selection Committee reviewed the proposals, and interviewed three consultants on March 28, 2013. On April 9, 2013, the recommendation was presented to the City Council Bike Lane and Trail Subcommittee, consisting of Mayor Naggar and Councilmember Washington. With input from the Council Subcommittee, the Selection Committee chose KTU+A, the same consultant who wrote the original plan. The Multi -Use Trails and Bikeways Master Plan update will provide cost estimates to close the gaps and develop an interconnected network of bike lanes and trails consistent with the Quality of Life Master Plan 2030. This project will satisfy the City's Core Values of a Sustainable City, and Transportation Mobility and Connectivity by providing alternative modes of transportation and increasing connectivity and accessibility to Old Town, Wine Country, and the City's many schools, parks, trails, and open space areas. The Master Plan update has been broken down into two phases. Phase I will focus on public participation and information gathering. Major tasks associated with Phase I will include public outreach workshops, community walk/ride, field visits and map verification, creation of an interactive website to provide information and receive citizen input, and completion of chapters associated with background, history, and public participation. Phase II, which is anticipated to begin in Fiscal Year 2013-14, will consist of an update to the 2002 Multi -Use Trails and Bikeways Master Plan and is expected to be completed by Spring 2014. Phase II will focus on prioritizing the bicycle and trail segments through public participation. Other significant tasks associated with Phase II include the identification of strategies to complete the bike Zane and trail connections, identifying safe circulation at problematic intersections, and providing estimates for construction costs. The plan will also include an analysis of five-year pedestrian and bike collision data for "hot spot" analysis associated with Safe Routes to Schools. Other plan elements will include identification of trail heads, comprehensive signage plan, and discussion of economic impacts and public health benefits. The Agreement for $45,000 is solely for Phase I of the Master Plan Update. Staff anticipates bringing an agreement for Phase II of the Master Plan Update to City Council in Summer 2013. FISCAL IMPACT: Sufficient funds in the amount of $45,000 are available in account 210.165.762 in the Capital Improvement Program (DIF Open Space) for Phase I of the Master Plan Update. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND KTU+A MULTI -USE TRAILS AND BIKEWAYS MASTER PLAN UPDATE THIS AGREEMENT is made and effective as May 14, 2013 between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and KTU+A, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on May 14, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by 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 pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 5. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit 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 for Phase I shall riot exceed Forty Five Thousand Dollars ($45,000) for the total term of this 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 mariner 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 thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Chief Financial Officer. 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 entitled "PAYMENT" herein. 7. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate 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. 9. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 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 Dollars ($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 Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, 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 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their 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 in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 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 affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. 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 (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: KTU+A Attn: John Holloway 3916 Normal Street San Diego, CA 92103 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 Ag ree me nt. 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 that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during hisiher tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant 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. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney KTU+A (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Sharon Singleton, Vice President Kurt Carlson, Secretary CONSULTANT KTU+A Attn: John Holloway 3916 Normal Street, San Diego, CA 92103 619.294.4477 john@ktua.com PM Initials:0 R Date: v EXHIBIT A Tasks to be Performed PHASE I: INITIAL PLAN RESEARCH, INPUT AND PRIORITIES Task is Kick off meeting 1.1 Prepare data needs list, initial survey and agenda A list of potential data needs will be prepared for discussion, as well as a draft list of survey questions and a kick off meeting agenda. 1.2 Conduct, attend and document first meeting The KTU+A project manager and project staff will attend the kick off meeting prepared to address any timeline and scope -of -work questions. 1.3 Collect GIS and CAD data KTU+A assumes the City will provide the most recent and up-to-date versions of all available relevant CAD and GIS data, plans and reports. A specific City contact person is requested to streamline this process and a KTU+A counterpart will be designated. Deliverables: Data needs fist, draft survey questions, agenda, meeting notes Task 2: Project management/communication 2.1 Prepare agendas, meeting notes and correspondence Project communication will include meetings, conference calls and e-mail, especially between designated project managers for both the City and KTU+A. Deliverables: Agendas, meeting notes and correspondence Task 3: 2002 MUTBMP plan familiarization 3.1 Review plans (2002 MUTBMP, 1993 PRMP) and update map KTU+A will review the plans listed and prepare an updated trail planning map based on the other subtasks below. In addition, we will review bikeway plans for the surrounding communities and County of Riverside for continuity with the City of Temecula. 3.2 Initial field work (Occurs with kickoff meeting) KTU+A will perform field work to re -familiarize ourselves with the existing City and trail system. We assume that at the kick off meeting City staff and the Trail Sub -committee will provide input into changed conditions to be incorporated into the updated map. 3.3 Map verification KTU+A will revise the trail planning map to reflect City input, field work observations, notes and photos. Deliverables: Updated trail planning map Task 4: Other plans familiarization 4.1 Collect needed applicable plans from City and other sources With City assistance, KTU+A will collect applicable plans as needed to inform this study. 4.2 Review plans and enter any geo-referenced data GIS KTU+A will review the plans noted above for information that may affect this study's outcomes or conclusions. We will enter applicable information into the trail map as geo-referenced GIS data. Deliverables: Applicable plans summary Task 5: Staff meetings 5.1 Staff meetings (2) KTU+A will attend two staff meetings held as needed during Phase I to address project milestones or issues. It is assumed that the city will accommodate a schedule that allows meetings and other field- work or stakeholder meetings to be conducted on the same day in order to lower travel time and costs. Deliverables: See Task 2 Task 6: Public Outreach Phase 6.1 Prepare public outreach workshop materials/press release We know from our previous work on the 2002 plan that the City values public input. To help participants' understanding of potential issues and opportunities, we will provide workshop materials like large-scale color aerial plots, descriptive boards illustrating trail and bikeway types and amenities, including innovative facilities participants may not yet have heard about. The PowerPoint presentations will be designed to engage and inform, incorporating the highlights of the mapping and graphics produced for the workshops. Some of the graphic output will be in 3D. KTU+A will work with PMC and the City to prepare a press release for the first public outreach workshop with information designed to encourage citizen participation. The city will be responsible for distributing the press releases to local media. 6.2 Prepare public outreach community walk/ride event materials KTU+A will work with PMC to prepare event materials. 6.3 Conduct public outreach community walk/ride event KTU+A will work with PMC and the City to conduct a public outreach community walk/ride event. It is anticipated that the Trails Sub -committee and City staff will provide input on meeting location, route(s), activities and date. We suggest that the City may consider teaming with other local entities such as health, fitness and user group organizations, or even related equipment vendors or food suppliers to help encourage citizen participation. This will be a one -day event, likely on a weekend. 6.4 Conduct public outreach workshop 1 KTU+A will work with PMC's public outreach specialists to conduct the workshops. We will develop workshop exercises customized for the particular project to gather the information needed to reach logical conclusions based on public input. As done for the 2002 plan, it is anticipated that the City will advertise the public workshops and the on-line survey to help ensure broad citizen input. 6.5 Prepare public outreach workshop report PMC will prepare a public outreach workshop report with KTU+A oversight. This report will summarize public workshop 1 input and be used to guide subsequent field work and analysis. 6.6 Prepare survey (on-line and hard copy) The public outreach methods will include on-line surveys. Based on the draft survey questions prepared for the kick off meeting, KTU+A will assist PMC in preparing an on-line survey and a hard copy version. Deliverables: Boards, PowerPoint, survey and report Task 7: Interactive website 7.1. Build and launch site for public outreach and engagement PMC will take the lead on this task and develop a website devoted to public outreach and engagement. This website will need to be hosted as a link on the city's website. KTU+A will contribute mapping and graphic support as needed. 7.2 Develop multi -use trail map interface and user input PMC will take the lead on developing a tool that will include a trail map user interface and user input tools to indicate where the public currently utilizes trails and routes in the city. This function will be part of the website developed in the previous sub -task. The website's database will come primarily from KTU+A's GIS mapping and analysis performed for previous project tasks. 7.3 Develop public input tools (social media using Facebook) PMC will develop public input tools using platforms such as Facebook and Twitter. These will function as an adjunct to the city hosted website for the project. These tools will be used to communicate certain events and milestones for public input for the project. Deliverables: Website (City hosting and set-up on City servers) Task 8: 2013 early action implementation plan 8.1. Reconcile 2002 MUTBMP segments with newer planning Based on information gathered in the previous tasks, KTU+A will reconcile the 2002 plan trail segments with newer planning and changed conditions. 8.2 Identify 5 trail segment locations to connect and prioritize KTU+A will work with City staff to identify five priority trail segments for early action programming. This is likely to involve a variety of criteria to be determined in consultation with City staff and the Trails Sub -committee. Conceptual site plans, cross sections and solutions will be shown and described as part of this effort. 8.3 Update estimated construction costs for Top 5 segments KTU+A will work with Fehr & Peers to develop up-to-date construction cost estimates for the five priority projects identified in the previous sub -task. Deliverables: Cross sections, plan view, amenities and costs EXHIBIT B Payment Schedule and Rates The Consultant will be paid for time and materials according to the following schedule. City of Temecula Update of 2002 Multi- use Trails & Bike Master Plan KTU+A Public Outreach Traffic & Engineering Totals Senior Principal Associate Michael John Singleton; Holloway Associate Planner! Planning! GIS GIS Joe Support, Catrine Punsalan i Machi Graphics Michael Johnston Assistant Outreach Senior Outreach Specialist Specialist j ! Planner Financial Analyst Graphic a Web Designer] Designer Transpor tation Planner Traffic Engineer Graphics $165 $135 $115 $105 $115 $135 1 $105 $145 $105 I $115 $190 $160 $100 Hours Phase I: Initial Pian Research Input and Priorities Ta 11 ' off meetin , : 1.1 Prepare data needs list/initial survey& TiTanduct, attend &documentfirstmeeting" 4 1 4 :.: 2 mil 2 1 44 3:: _ ' 5 �,::: 16. 1.3 ;Collect GIS and CAD data ;Deliverables: Data needs list, meeting 4 i ' 4 Sub -total Hours mm Sub -total Costs 4 $660 5 $675 10 $1,150 0 $0 0 $0 6 f—$810 $0� 0 �$0 _ _0_ 0 $O $0- 0 --$0 0 0 $O •r $0 ' 25 Material Costs $0 g----- $0 $0 .... TOTALS KTU+A $2,485 , Public Outreacf $810id- Traffic and Eng 50 $3,295 2 1 =1' 'N H'i Ili, i -_s i I II II i- rl 1 1 d d=--1, ntIciiinunilration Prepare agendas, meeting notes, correspondence Deliverables: Agendas, meeting notes correspondence 4 6 4 i I r- 1 14 0 Sub -total Hours 0 4 , 0 6 0 4 0 0 0 0 0 P 0 0 14 Sub -total Costs $0 $5401. $0 $630 r W46' $0 $0 ' $0 $0 $0 w --P $O $0 Material Costs $0 $0 TOTALS KTU+A $1,170 Public Outreach $540 Traffic and Big. $0 $1,710 Task 3.1 3: 2002 MUTBMP plan familiarization Review plans (2002 MUTBMP, 1993 PRMP) & update maps 4 12 4 2 2 24 3.2 Initial Field (Initial Fieldwork happens with Kickoff Meeting) 4 4 4 4 w 4 8 28 3.3 Map verification 8 12 • 20 Deliverables: Updated plan map Sub -total Hours Sub -total Costs 4 $660 8 T 12 P 24 0 P 8 0 0 0 0 6 P 10 0 ' 72 $1,080-$1,380 $2,520�� $0 " $1,080 $0 -1Y--$0 $0� $0 '$1,140 ` $1,600 $0 Material Costs $45_ $100 $300 KTU+A $5,640 Public Outreach $1,080 Traffic and En"$3,040 g.; $9,760 TOTALS Task 4: Other plans familiarization 2 12 2 16 0 4.1 4 2 Collect needed applicable plans from City and other sources Review plans &enter into GIS for any geo- referenced data Deliverables: Applicable plans summary 4 Sub-total Hours Sub-total Costs — Material Costs — TOTALS ► 0 $0 ► 4 $540 - ► 0 $0 - ! 14 $1,470 --� KTU+A ► 0 $0 $0 $2,010 ► 0 $0 ► 0 $0 0 $0 Public Outreach 0 $0 ► 0 $0 $0 $0 ► 0 $0 ----_ ► 0 $0 W$0 Traffic and Eng ► 0 $0 -10 ► 18 $2,010 'ias Staff meetings 5.1 !Staff meetings (2) 4 4 µ 3 Deliverables: See Task 2 - -' 0 — 0 — 0 8 w — ► T Sub-total Hours _0_ __4_4__ — Sub-total Costs $0__ , $540 $460 7' Material Costs 0 __ $0 --v. ► ► 0 $0 I' $0 0 $0 ► 0 $0 ► r 0 0 $72/1-1-6-- ► 0 $0 $0 ► 0___ $0 — r 0 ' $0 ► 0 $0 $0 ► 8 TOTALS i i KTIJ+Ar$1,000 Public Outreach' $0 Traffic and Eng. $0$ Task 6: Public Outreach Phase 1 6.1 ! Prepare public outreach workshop 2 4 8 8 8 ! 1242 6.2 6.3 6.4 6.5 6.6 ! Prepare public outreach community 2 Conduct public outreach community 6 °Conduct public outreach workshop 1 4 ° 4 Prepare public outreach workshop report 1 Prepare survey (on-line and hard copy) 1 Deliverables: Boards, PowerPoint, survey 2 6 4 2 4 8 "- 8 4 4 8-v- 4 4 _ 1 _____ —___m _ m _������ -v- ► 8 20 28 V. 9 12 _®® Sub-total Costs $660 Material Costs 16 $2160-12„070 __r 18 12 $1,260 8 $920 $25 24 $3,240 240° $2,520 12 $0 = $1,260 1 $115 $900 0 $0 0 $0 0 $0 119 TOTALS TOTALS i i KTL1+Ar $7,070 Public Outreach,$7,135 Traffic and Eng. $0 ► $14,205 Task 7: Interactive website Build and launch site for public outreach and engagement 2 4 4 IIIIMIIIIIIIIIIIHMIIIIMIIIIIIIHIIIIMI IIIII 20 30 7.1 7.2 Develop multi -use trail map interface & user input 7.3 Develop public input tools (social media using facebook) 2 1 6 9 Deliverables: Website (city hosting & setup on City servers) Sub -total Hours Sub -total Costs Material Costs TOTALS 0 $0 ' 0 8 4 -115-1-$920 s $420 5$50 KTU+A •Task 0 6 $810 0 " 0 0 38 ° $0 $0 $0 ; $4,370 $50 Public Outreach $5,180 0 0 P' 0 $0 : $0 $0 56 ............... $6,520 $0 $1,340 ;Traffic and Eng. $0 8.1 ':Reconcile 8.2 ;Identify 8.3 8: 2013 early action implementation plan 2 2 W2 5 3 8 m mmm m®®®� 2 4 _ _ ��®®� , 4 w- 18 16 2002 MUTBMP segnents with newer 5 trail segnent locations b connect & prierit e ;Upda estimated construction costs for Top 5 segnents ;Deliverables: Cross sections, plan view t amenities & 6����*����� 4 Sub -total Hours ► 2 r 9 , 3 , 14 0 0 r 0 0 0 r 0 4 5 6 r 0 38 Sub -total Costs ° Material Costs $330 $1,215 r $345 $1,470 ° $0 $0 $0 $0 $0$0 ' $0 ' $760 ' $960 r $0 : i : $0 $0 TOTALS KTU+A7$3,360 Public Outreach $0 Traffic and Eng.'$1,720 $5,080 Phase I4aterials:r$1,420 KTU+A Labor:r$24,075 Public Outreach r$14,745 Traffic and Eng. r$4,760 Phase I Total Labor and Materials: $45,000 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 14, 2013 SUBJECT: First Amendment to Agreement with Project Design Consultants for the design of the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, PW00-26 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer RECOMMENDATION: Approve the First Amendment to the Agreement with Project Design Consultants in the amount of $7,850 for additional services to complete phase one improvement plans for the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, PW00-26. BACKGROUND: On August 1, 2012, the City Manager approved an Agreement with Project Design Consultants (PDC) to revise the completed design plans for the Murrieta Creek Bridge and Overland Drive Extension project into two phases. The Agreement amount was $24,500. Phase one of the project consists of constructing Overland Drive between Commerce Center Drive and Enterprise Circle West. Phase two will construct Overland Drive between Enterprise Circle West and Diaz Road, including the bridge over Murrieta Creek. Staff negotiated a cost with PDC in the amount of $24,500 to separate the project into these two phases. This Amendment, in the amount of $7,850, includes additional scope of work required to complete the plans for the first phase. The increase in scope of work includes additional civil design and revisions to the landscape and irrigation plans. The work covered under this Amendment is needed to finalize the design of this project. FISCAL IMPACT: The Murrieta Creek Bridge and Overland Drive Extension project is a Capital Improvement Project funded by capital project reserves and development impact fees (street improvements). Adequate funds are available in Account No. 210-165-602-5802 to cover the total amount of $7,850 for this Amendment, making the total amount authorized for this Agreement $34,800. ATTACHMENT: First Amendment to Agreement with Project Design Consultants FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND PROJECT DESIGN CONSULTANTS MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSIONTO DIAZ ROAD, PROJECT NO. PW00-26 THIS FIRST AMENDMENT is made and entered into as of May 14, 2013, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Project Design Consultants, a Corporation (hereinafter referred to as "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 August 1, 2012, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement for Consultant Services Murrieta Creek Bridge and Overland Drive Extension, Project No. PW00-26," ("Agreement"), in the amount of $24,500.00, plus contingency in the amount of $2,450.00. b. The parties now desire to add scope of work, extend the term of the agreement to December 31, 2013, increase the payment in the amount of $7,850.00, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than December 31, 2013 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: 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 Seven Thousand Eight Hundred Fifty Dollars and No Cents ($7,850.00), for additional design services necessary to complete the design for a total Agreement amount of Thirty Two Thousand Three Hundred Fifty Dollars and No Cents ($32,350.00), plus contingency in the amount of Two Thousand Four Hundred Fifty Dollars and No Cents ($2,450.00), for a total of Thirty Four Thousand Eight Hundred Dollars and No Cents ($34,800.00). 4. Section 14 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: 1 "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing and Delivery Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. 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. 6. 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 PROJECT DESIGN CONSULTANTS (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Gregory M. Shields, Principal/CEO ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M Thorson, City Attorney CONSULTANT Doreen Spry O'Riley, Secretary Project Design Consultants Attn: Gregory M. Shields 701 "B" Street, Suite 800 San Diego, Ca. 92101 (619) 235-6471 (619) 234-0349 fax Greg(c�ProjectDesign.com PM Initials: 0731 Date: 3 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 r PROJECT DESIGN CONSULTANTS 701 B STREET, SUPPE 800 SAN DIB1:0, CA 92101 619.235.6471 TEL 619.234.0349 FAX EXHIBIT 'A' OVERLAND DRIVE EXTENSION (CITY OF TEMECULA PROJECT NO. PW00-26) W W W.PROJECPDESIGN.COM File: 1807.20C F13-56 May 1, 2013 Page 1 of 2 The following scope of work is to provide additional services to the original contract dated August 17, 2000, based on a request of the City Project Engineer. AMENDMENT TO ORIGINAL CONTRACT — (SEE ATTACHED) ITEM I FIXED FEE $ 4,100 II. OVERLAND DRIVE LANDSCAPE AND IRRIGATION MODIFICATIONS Provide services to revise the irrigation and planting to the areas within the 4 quadrants along Overland Drive based on the based on the Business Owners Associations comments. • NW section- Remove irrigation and hydro -seed then replace with 3" bark mulch from the building to the right of way. Remove the shrubs and add 2 trees. Adjust irrigation as required. • NE section- Replace the hydro -seed with 3" bark mulch. Provide 3" bark mulch in the area of the demolished parking lot, to the back of curb or sidewalk. The trees are to remain. Adjust irrigation as required. • SW section- Add turf grass and label by note to reconnect the irrigation to the existing system. The shrubs and trees are to remain. Add note for the area between the R.O.W and building "to match existing." Adjust irrigation as required. • SE section- remove the myoporum and replace with mulch and label by note to reconnect the irrigation to the existing system. The shrubs and trees are to remain. Add note for the area between the R,O.W. and building "to match existing." Adjust irrigation as required. • Modify the water management plan and calculations. ITEM II FIXED FEE $ 2,000 III. MODIFICATIONS TO CIVIL ENGINEERING PLANS At the request of the City, the northeast corner of Overland Drive/Commerce will be modified to eliminate the parking stalls shown on the 2nd submittal (Sheet 4) dated Jan. 2013 and be replaced by mulch. The proposed curb data layout and data will be updated to reflect this change. Also included is revising Sheet 2 (Demolition plan and quantities) to include this area within the limits of demolition. ITEM III FIXED FEE $ 1,000 SAN DIEGO • PHOENIX • TEMECULA • BAKERSFIELD R:WV P\CONTRAC I\180O118072OC 01.doc r� PROJECT DESIGN CONSULTANTS File: 1807.20C F13-56 May 1,2013 Page 2 of 2 IV. REIMBURSABLES Reimbursable charges for blueprinting, photographic mylar reproduction, photocopying, travel and mileage, delivery services, telephone charges, computerized plotting, special graphic supplies, facsimiles, and other direct project charges incurred on behalf of Client will be billed to Client at cost plus 10%. ITEM IV BUDGET AMOUNT NOT -TO -EXCEED $ 750 TOTAL $ 7,850 EXCLUSIONS 1. Field survey and monumentation. 2. Utility consultant coordination. 3. Research title errors and additional easements not provided or disclosed by the title company. 4. Offsite or private easements. 5. Joint use agreements. 6. Subordination agreements. 7. Beneficiary consent to execute. 8. Certificate of correction(s). R:WVP\C ONTRACT\1800\180720C01.doc Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 14, 2013 SUBJECT: Approval of the Plans and Specifications, and Authorization to Solicit Construction Bids for the Pavement Rehabilitation Program — Bridge Decks, PW12-16 PREPARED BY: Amer Attar, Principal Engineer Jon Salazar, Associate Engineer RECOMMENDATION: Approve the plans and specifications, and authorize the Department of Public Works to solicit construction bids for the Pavement Rehabilitation Program — Bridge Decks, PW12-16. BACKGROUND: The Pavement Rehabilitation Program — Bridge Decks project is being undertaken in response to the results of a periodic bridge inspection report compiled by the California Department of Transportation (Caltrans). In this report, three bridges within the City were identified as being in need of deck rehabilitation. These bridges are Margarita Road over Santa Gertrudis Creek, Redhawk Parkway Over Temecula Creek, and Butterfield Stage Road Over Temecula Creek. The bridge deck rehabilitation method recommended by Caltrans involves crack sealing with a high molecular weight methacrylate resin. The process will seal cracks in the concrete deck surface in order to prevent water intrusion, which has the potential to degrade the integrity of the structure, thus reducing the effective service life of the bridge. This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the repair and maintenance of existing highways and streets are Class 1 activities, which is exempt from CEQA. Project specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the office of the Director of Public Works. FISCAL IMPACT: The engineer's construction estimate for the project is $190,000. Adequate funds are available in the Pavement Rehabilitation Program — Citywide project accounts. ATTACHMENTS: 1. Location Map of Margarita Road over Santa Gertrudis Creek 2. Location Map of Redhawk Parkway Over Temecula Creek 3. Location Map of Butterfield Stage Road Over Temecula Creek MARGARITA RD OVER SANTA GERTRUDIS CREEK - PAVEMENT REHAB OF BRIDGE DECKS Circulation Project Location Aerial Data - March 2011 Feet 0 75 150 300 REDHAWK PKY OVER TEMECULA CREEK - PAVEMENT REHAB OF BRIDGE DECKS Circulation Project Location Aerial Data - March 2011 0 75 150 Feet 300 BUTTERFIELD STAGE RD OVER TEMECULA CREEK - PAVEMENT REHAB OF BRIDGE DECKS Circulation Project Location Aerial Data - March 2011 0 75 150 Feet 300 Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 14, 2013 SUBJECT: Amendments to Annual Agreements for various services required by the Public Works Street Maintenance Division for Fiscal Year 2013-14 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: Approve the following amendments to annual agreements in the amounts stated for Fiscal Year 2013-14 for routine street maintenance and emergency services for various Maintenance Division needs. General Contractor Services: Hardy & Harper $300,000 Wurm's Janitorial Services, Inc. $266,772 CalMat Co. d/b/a Vulcan Materials $100,000 Ryan Monteleone $ 75,000 Main Street Signs $ 75,000 TWM Roofing, Inc. $ 62,740 Marine Biochemist c/o Arch Chemicals, Inc. $ 56,800 Weed Abatement: Rene's Commercial Management $200,000 Tree Trimming: West Coast Arborists, Inc. $200,000 BACKGROUND: The City Council previously approved agreements with the above listed firms to provide on-call services and/or products. The original agreements allow for term extensions for continued provision of routine and emergency street maintenance to the community. Throughout the year, services and/or products are requested as needed and purchase orders are processed accordingly. FISCAL IMPACT: Funds are allocated from the corresponding budget accounts. Adequate funds will be available in the Public Works Department Street Maintenance Division budget upon approval of the Fiscal Year 2013-14 budget. ATTACHMENTS: 1. First Amendment to Agreement with Hardy & Harper, Inc. 2. First Amendment to Agreement with Wurm's Janitorial Services, Inc. 3. Third Amendment to Agreement with CalMat Co. d/b/a Vulcan Materials Company Western Division 4. First Amendment to Agreement with Ryan Monteleone Excavation, Inc. 5. Third Amendment to Agreement with Main Street Signs 6 First Amendment to Agreement with TWM Roofing, Inc. 7. First Amendment to Agreement with Marine Biochemist of CA c/o Arch Chemicals, Inc. 8. First Amendment to Agreement with Rene B. Martinez, Sr. d/b/a Rene's Commercial Management 9. First Amendment to Agreement with West Coast Arborists, Inc. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND HARDY & HARPER, INC. PAVING MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of May 14, 2013, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Hardy & Harper, Inc., a Corporation (hereinafter referred to as "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 June 12, 2012, the City and Contractor entered into that certain Agreement entitled "Agreement for Paving Maintenance Services", in the amount of $400,000. b. The parties now desire to extend the term of the agreement to June 30, 2014, increase the payment in the amount of $300,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: 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 riot exceed Three Hundred Thousand Dollars and No Cents ($300,000), for additional paving maintenance services for a total Agreement amount of Seven Hundred Thousand Dollars and No Cents ($700,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon 1 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. Mailing and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. 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. 6. 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 HARDY & HARPER, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Steve Kirschner, Vice President ATTEST: By: By: Susan W. Jones, MMC, City Clerk Kristen S. Paulino, Corporate Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR HARDY & HARPER, INC. Contact Person: Robin Coleman 1312 East Warner Ave. Santa Ana, CA 92705 Phone Number: (714) 444-1851 Fax Number: (714) 444-2801 fcoleman@hardyandharper.com 3 PM Initials: rl Q Date: �/ 1� ATTACHMENT "A" Attached hereto and incorporated herein is the associated costs as provided by the Contractor. EXHIBIT B CITY OF TEMECULA PAYMENT RATES AND SCHEDULE PRICING SHEET Labor Breakdown All Labor Overtime -1 % Times (After 8 Hours/Saturdays) Double Time — 2 Times (Sunday /Holidays) Equipment Breakdown Flatbed Truck with Compressor Mount Bob Tail Truck 9-11 Yards Concrete Flatbed Truck Dump Truce & Pup Trailer Air Compressor Water Truck Flatbed Truck with 3 — 5 Ton Roller Combo Dump Truck with Skip loader & Trailer Combo 10-12 Ton Roller with Trailer 3-5 Ton Roller with Trailer Berm Machine Bobcat with Bucket Bobcat with Grinder Arrow Board with Truck Standard Set — (Common Repair Crew) Four Man Crew Skip loader Dump Truck 3-5 Ton Roller Flatbed with Compressor & Tools Less than 8 Hours — (4 Hours Minimum) Materials $ 74.00 Per Hour $ 102.00 — PerHour oo Per Hour $ 200.00 PerDay $ 250.00 _PerDay $ 200.00 PerDay $ 240.00 PerDay $ 80.00 Per Day $ 260.00 PerDay $ 260.00 PerDay $ 400.00 Per Day $ 350.00 Per Day $ 300.00 Per Day $ 80.09„_ PerDay $ 450.00 PerDay $ eoo.00 PerDay $ 120.00 PerDay $ 3,300.00 $ 1,650.00 Per Day Per Day Asphalt $ 2.25 Per SF Asphalt Plant Opening on Saturdays $ 1.50 Per SF Base Rock Class II $ 15.00 Per Ton Tack Material $ 4 . oo Per Gallon Concrete $ 350.00 Min. Load Concrete After 4 Yards $ 100.00 Per Yard ART rl1fl Rum rw LAVINrI MAINTENANCE SI1R VICESVtrr 16r r.AV PSG MAINIENANCE.4oe 4 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND WURM'S JANITORIAL SERVICES, INC. FOR CITY FACILITY JANITORIAL SERVICES THIS FIRST AMENDMENT is made and entered into as of May 14, 2013, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and WURM'S JANITORIAL SERVICES, INC., a Corporation (hereinafter referred to as "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 June 12, 2012, the City and Contractor entered into that certain Agreement entitled "Agreement for City Facility Janitorial Services", in the amount of $251,557.37. b. The parties now desire to extend the term of the agreement to June 30, 2014, and increase the payment in the amount of $266,772.00, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: 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 Two Hundred Sixty Six Thousand and No Cents (S266,772.00) for additional janitorial services for a total Agreement amount of Five Hundred Eighteen Thousand Three Hundred Twenty Nine Dollars and Thirty Seven Cents ($518,329.37). 4. Section 21 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "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 1 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. Mailing and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. 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. 6. 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 WURM'S JANITORIAL SERVICES, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Larry D. Stewart, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Barbara J. Stewart, Secretary WURM'S JANITORIAL SERVICES, INC. Contact Person: Larry D. Stewart 544 Bateman Circle Corona, CA 92880 Phone Number: (951) 582-0003 Fax Number: (951) 582-0008 Pres.wurms@sbcglobal.net 3 PM Initials: 1"1 q Date: �/ /� ATTACHMENT A Attached hereto and incorporated herein is the associated cost as provided by the Contractor. PAYMENT RATES AND SCHEDULE EXHIBIT "B" FACILITY LOCATION SQ. FT. ADDRESS PRICE PER MONTH PER. SQ. FT.* TOTAL PRICE MONTH TOTAL PRICE PER YEAR DAYS OF SERVICE Temecula Community Center 5,900 28816 Pujol St. .110 649.68 7,796.16 7 Days/ Week Mary Phillips Senior Center 6,148 41845 6th St. .110 676.99 8,123.88 7 Days/ Week Temecula Valley Museum 7,200 28314 MercedesSt. .110 792.83 9,513.96 7 Days/ Week Imagination Workshop 7,600 42081 Main St. .110 836.88 10,042.56 7 Days/ Week Temecula Public Library 34,003 30620 Pauba Road .099 3379.20 40,550.40 7 Days/ Week Community Recreation Center 24,680 30875 Rancho Vista .099 2452.69 29,432.28 7 Days/ Week Facility Operations Center 11,400 43230 Business Park .080 919.38 11,032.56 5 Days/ Week Civic Center 96,795 41000 Main St. .060 5822.44 69,869.28 5 Days/ Week Harveston Center 3,493 40135 Village Rd. .110 384.63 4,615.56 7 Days/ Week Harveston Community Room/Office 1,342 28582 Harveston Rd. .110 147.28 1,767.36 7 Days/ Week Old Town Theater 26,672 42051 Main St. .110 2937.01 35,244.12 7 Days/ Week Parking Garage Police Office 2,200 41000 Main St .110 242.25 2,907.00 7 Days/ Week * YMCA 8,069 29119 Margarita .110 888.52 10,662.24 7 Days/ Week Old City Hall (First Floor TVE2) 14,500 43200 Business Perk Drive .110 781.71 9,380.52 3 Days/ Week * Old City Hall (Second Floor) 14,500 43200 Business Park Drive .091 $1,319.50 $15,834. 5 Days/ Week *Supplemental SUBTOTAL 22,230.99 266,771.88 4 ATTACHMENT A (continued) PAYMENT RATES AND SCHEDULE EXHIBIT "B" *The price per square foot will be used as a basis for establishing a price for custodian services of any new facility, of similar use, that maybe added to this contract during its term. ADDITIONAL SERVICE ITEMS DESCRIPTION SCOPE OF WORK HOURLY RATE Per Man Regular Hot Per Man Over Time Per Man Holiday Provide Additional General Janitorial Maintenance Services for Special Events Request by The City Representative. Provide Specified general janitorial maintenance services, such as cleaninc areas, areas, kitchens, office or recreation [pt. restrooms, hallways, multipurpose rooms, etc 13.50 20.25 20.25 Provide a Price for SQ. FT. To Extract Carpets with truck mounted carpet extractor. From time to time City may request this service from Vendor(s) PRICE PER SQ. FT. .22 5 THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CALMAT CO. d/b/a VULCAN MATERIALS COMPANY WESTERN DIVISION HOT MIX ASPHALT AND SS1H EMULSION TACK THIS THIRD AMENDMENT is made and entered into as of May 14, 2013 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and CALMAT CO. d/b/a VULCAN MATERIALS COMPANY WESTERN DIVISION (hereinafter referred to as "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 July 1, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Hot Mix Asphalt and SS1H Emulsion Tack", in the amount of $100,000. b. On July 1, 2011, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Hot Mix Asphalt and SS1H Emulsion Tack," to add scope of work, extend the term of the agreement to June 30, 2012, increase the payment in the amount of $100,000. c. On May 22, 2012, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for Hot Mix Asphalt and SS1H Emulsion Tack," to add scope of work, extend the term of the agreement to June 30, 2013, increase the payment in the amount of $100,000 d. The parties now desire to extend the term of the agreement to June 30, 2014, increase the payment in the amount of $100,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Ag ree me nt. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: 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 Third Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000) for additional Hot Mix Asphalt and SS1H Emulsion Tack for a total Agreement amount of Four Hundred Thousand Dollars and No Cents ($400,000). 1 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. 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. 6. 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 CALMAT CO. (dba VULCAN MATERIALS COMPANY WESTERN DIVISION) (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Michael Linton, Vice President of Properties ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Robert E. Sears, Jr., Vice President CALMAT CO. (dba VULCAN MATERIALS COMPANY WESTERN DIVISION) Contact Person: Karen Clark 500 N. Brand, Blvd. Suite 500 Glendale, CA 91203 Phone Number: (818) 553-8820 clarkk@vmcmall.com 3 PM Initials: D R Date: v ATTACHMENT A Attached hereto and incorporated herein is associated cost as provided by the Contractor. Qiuotatio I `.' Attn: Rodney Tidwell [Rodney.Tldwell@cl tyofteme cula. org] 951-694-6475 Temecula/ City Of Pa Box 9033 Temecula, CA 92589 Acct #: 0710049 Date: Wednesday, May 02. 2012 Quote Created: Wednesday. May 02, 2012 Quote #: 1 •NIR6X6 Quote Name: 1-NIR6X8 Mato,I ly Con -pt Project: FOB CORONA 7/1/12 Thru 6/30/12 PICKED UP VARIOUS LOCATIONS TEMECULA, CA i Solos Rap: Jooile Donaldson (626)6334239 Effective From: Sunday, July 01, 2012 I Quote Expiration: Friday, Juno 01, 2012 Version #: 5 Price Expiration: Sunday, June 30.2013 Special Instructions: Price Quoted is for Plant Pick Up - Delivery is Extra. Environmental Foe is 53.00 / Load + lax. Prices effective 07/0112012 - 06/30/2013 Mphalt F.O.B. F.O.B. Plant Plant ,-.._.._.._.......__...P.roduct,Name ................P.r,-2S1.415_----.....44ty,........_._..111.M.......Nat ___Ia?4__.............. Tax Incl. Corona Asphalt Rog-HotMix84.10 B5X 1 TONS $89.00 $5.35 $74.95 Corona Asphalt ShoetMix/SthlMix B7X 1 TONS 573.00 58.86 578.66 Corona Asphalt COLD MIX 3/8"SC8 B9H 1 TONS 573.00 $5.66 578.66 Corona Asphalt SSIH/GAL 8M1 1 GALS $7.00 $0.54 57,54 Corona Asphalt 951H/ 4.5 Gal Bucket BM2 1 Each $41.00 $3.18 544.18 Al faxes applicable to the sale or delivery of materials will be invoiced to and paid by the customer. Terms are Net 30. Please note standard terms and conditions apply. This quote is limited to acceptance within 30 days from the date of this quotation atter which time quotation is subject to review/revlsion. Please contact Sales prior to placing the order. Accepted by: Sales Representative: Date: Date: Wo appreciate the opportunity to provide you this quote and trust that Vulcan will have the pleasure serving your needs for thla and future projects. Quotation generated on 5/2/2012 4 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND RYAN MONTELEONE EXCAVATION, INC. FOR MAINTENANCE SERVICES FIRST AMENDMENT is made and entered into as of May 14, 2013, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Ryan Monteleone Excavation, Inc., a Corporation (hereinafter referred to as "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 June 22, 2012, the City and Contractor entered into that certain Agreement entitled "Agreement for Maintenance Services", in the amount of $300,000. b. The parties now desire to extend the term of the agreement to June 30, 2014, and increase the payment in the amount of $75,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Ag ree me nt. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: 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 Exhibit "B", other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall riot exceed Seventy Five Thousand Dollars and No Cents ($75,000) for additional maintenance services for a total Agreement amount of Three Hundred Seventy Five Hundred Dollars and No Cents (375,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "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 1 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. Mailing and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. 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. 6. 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 RYAN MONTELEONE EXCAVATION, INC, (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Ryan Monteleone, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Alexandra Monteleone, Vice President Ryan Monteleone Excavation, Inc. Contact Person: Ryan Monteleone 23905 Clinton Keith Rd. Wildomar, CA 92595 Phone Number: (951) 677-8308 Fax Number: (951) 304-1469 3 PM Initials: r) B Date: 1/ ATTACHMENT A Attached hereto and incorporated herein is the associated cost as provided by the Contractor. EXHIBIT "B" PAYMENT RATES AND SCHEDULE RYAN MONTELEONE EXCAVATION , INC 1 } M f>'^I ��P�"°T• Mt ERG ' ~� E.S F''T °ZASEiY.S rY �. �eh 24 Hour cell number (9511538-6537 Operated and fuel time and equipment rale for 2012- 2013. Equipment: Rate per hour : Saturday/+6hrs Holiday/Sunday Regular rate per hour overtime "overtime rale 04G Dozer $125.00 5140.50 5156.00 D6RLGP $160.00 5175.50 5191.00 D6RX1. $165.00 5180.50 $196.00 D6R W/ SLOPE $175.00 $190.50 5206.00 824 Dozer $160.00 5190.50 5206.00 D8k $185.00 $200.50 5216.00 08R 5185.00 5200.50 $216.00 D9R 5235.00 5250.50 5266.00 0100 5245.00 $260.50 5276.00 200 Excavator 5135.00 5150.00 $166.00 800 Excavator 5300.00 $315.50 $331.00 650 Excavator 5280.00 5295.50 5311.00 400 Excavalor $183.00 5198.50 $214.00 220 Excavalor $155.00 5170.50 5166.00 350 Excavator 5165.00 5180.50 5196.00 430E Backhoe 5145.00 $140.50 5176.00 450E Backhoe 5155.00 $170.50 5186.00 30 ME Sklp/Mower 595.00 $111.50 $126.50 980 leader 5175.00 5190.50 5206.00 450C loader $165.00 5180.50 5196.00 950 Loader 5165.00 5180.50 5196.00 977 Loader 5180.00 5195.50 $211.00 973 Loader 5175.00 5190.50 5206.00 963 Track Loader 5165.00 5180.50 5196.00 12G Motor grader S165.00 S150.50 5196.00 140 Motor grader $165.00 5180.50 $196.50 623 Scraper 5165.00 5180.50 5196.00 860 Scraper 5140,00 5155.50 $171.00 613 Scraper 5135.00 5150.00 $166.00 11 4 EXHIBIT "B" PAYMENT RATES AND SCHEDULE Continue 657 Push Pull 6285.00 $300.50 $316.00 627 Push Pull Scraper 5235.00 $280.50 $296.00 10 wheel dump/pup $95.00 $111.00 5126.00 HI -Side Semi/ End Dump $110.00 5125.50 5141.00 4,000 gal w -truck 585.00 $100.50 $116.00 2500 galw-Truck 585.00 5100.50 5116.00 6x6 oft road dump truck 5165.00 5180.50 5196.00 26 Wheel Lowbed Truck 5110.00 5125.50 $141.00 246 skid steer $ 95.00 $111,50 $126.50 Single drum roller $ 95.00 5111.50 $126.50 Double drum roller $ 95,00 $111.50 6126.50 Foreman $69.95 $99.96 5139.50 Pickup 546.00 546.00 546.00 Grade checker 554.00 $69.50 585.00 Laborer 552.03 $78.05 5104.06 Operator 560.95 696.43 5138.50 3" trash pump 540.00 $40.00 540.00 Light tower 542.00 542,00 $42.00 SlreeIsweeper 595.60 5111.50 $126.50 *Overtime wages begin after 8 hours of working time. Yate used beyond 8 hours on weekd ys and all hots on Saturday, Any city work will be under current prevailing wage rate 12 5 THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MAIN STREET SIGNS FOR CITY STREET NAME SIGNS THIS THIRD AMENDMENT is made and entered into as of May 14, 2013, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and MAIN STREET SIGNS, a Corporation (hereinafter referred to as "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 July 1, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for City Street Name Signs", in the amount of $75,000. b. On July 1 2011, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for City Street Name Signs," to add scope of work, extend the term of the agreement to June 30, 2012, increase the payment in the amount of $75,000. c. On May 22, 2012, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for City Street Name Signs," to add scope of work, extend the term of the agreement to June 30, 2013, increase the payment in the amount of $75,000. d. The parties now desire to extend the term of the agreement to June 30, 2014, increase the payment in the amount of $75,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Ag ree me nt. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: 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 Third Amendment amount shall riot exceed Seventy Five Thousand Dollars and No Cents ($75,000) for additional City Street Name Signs for a total Agreement amount of Three Hundred Thousand Dollars and No Cents ($300,000). 1 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. 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. 6. 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 MAIN STREET SIGNS (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Chuck Atha, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Gina M. Atha, Secretary MAIN STREET SIGNS Contact Person: Chuck Atha 1211 W. Brooks St, Suite A Ontario, CA 91762 Phone Number: (909) 391-0988 3 PM Initials: D q Date: v ATTACHMENT A Attached hereto and incorporated herein is the associated cost as provided by the Contractor. Ma Street 1 Si 1211 W. BROOKS ST. STE. A ONTARIO, CA 91782 909.391-0988 FAX 909391.0249 NAME/ADDRESS CITY OF TRMECIJLA PO BOX 9033 TEMECULA, CA 92589.9033 ATTN: ACCOUNTS PAYABLE Estimate DATE 5/312012 Rodney REP TERMS NH 30 ITEM CODE DESCRIPTION QTY PRICE EACH TOTAL SPECIAL SPECIAL SPECIAL SPECIAI. SPECIAI. SPECIAL SI'IiCIAL SPECIAL SPECIAL SPECIAL SPECIAL SQ. POST SQ. POST ANCHORS DRIV-R1V tl/W tl/W DURA -POST Q•MARKIER ALL SIGNS 48" X 48" ALL SIONS 36" X 36" ALL SIGNS 30" X 36" AL1. SIGNS 30" X 30" ALI, SIGNS 30"X 24" ALL SIGNS 24" X 24" ALL SIGNS 24" X 18" ALL SIGNS 18"X18" ALL. SIGNS 12"X 38" ALL SIGNS SMALLER NON STANDARD TRAFFIC SIGNS 521.00 sti IL SQUARE POST 10' SQUARE POST 32' POST ANCHORS 30° DRIVE RIVETS 3/8 HARDWARE for strut nine signs HARI)WARO nuts and Wks Ism DURA -POST WA3ASES (dclinentors) ROAD MARKERS 4"X21" W/ BASES (island markers) PRICUS 0000 TT4RU JULY 2012 TI1RU JUNE 2013 SALES TAX 144.00 81.00 67.50 56.25 45.00 36.00 27.00 20.25 18.00 15.00 0.on 55.00 65.00 35.00 1.80 22.00 4.50 45,00 40.00 144.001' 81.00T 67.50'/ 56,25'/ 45.00T 36.001' 27.00T 20.25'r 18.00T 15,00'/ 0.001' 55.002' 65.00T 35.00T 3.00'1' 22.00T 4.50'1' 45.00T 40.00T TOTAL ALL QUOTES GOOD POR 30 DAYS. EMAIL: safes r(7tmainsuceisigns.nct WI2RSITL2: wanv.nminsucc[s38ns,nct 4 Main Street 1 Signs ATTACHMENT A 1211 W. BROOKS ST. ONTARIO, CA 91762 OFFICE: 909-391-0988 FAX: 909-391-0249 CUSTOMER CITY OF TI3ML•CULA PO BOX 9033 '1'EMECULA, CA 92589.9033 ESTIMA ■ E Date 5/3/2012 Rop Torme Net 30 ITEM DESCRIPTION QTY • PRICE EACH Total RI R2 104.7 W53 W5 W20.I CS RI.4 093 1032 STOP SiON 30830 MIP 1160 SPEED LIMIT 25 24X30 HIP KEEP RIGFITSYMUOL 24X30 HIP FLOODED 30X30 1.11P CURVE (ARROW) LT OR IRT 36X36 HIP ROAD WORK AHEAD 36X36 HIP DIHOUR W0ARROW 36X 12 HIP ALL WAY 18X6 MIP BIKE Rolm! 24X18 2l1i( PARKING WIIIMES 12X18 HIP ('RICES ARE 000D T14RU JULY 2012 • JUNE 7.1113 55.23 37.10 37.10 37.10 $8.30 5030 22.26 6.63 22.26 12.99 55.23'1' 37.101 37.10T 37.10T 58.30T 50.30'1' 22.26'1' 6.63'1' 22.26'1' 12'99T 5 SALES TAX (7.75%) TOTAL FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND TWM ROOFING, INC. PREVENTIVE ROOF MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of May 14, 2013, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and TWM Roofing, Inc., a Corporation (hereinafter referred to as "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 June 26, 2012, the City and Contractor entered into that certain Agreement entitled "Agreement for Preventive Roof Maintenance Services", in the amount of $62,740.00. b. The parties now desire to extend the term of the agreement to June 30, 2014, and increase the payment in the amount of $62,740.00, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Ag ree me nt. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: 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 riot exceed Sixty Two Thousand Seven Hundred Forty Dollars and No Cents ($62,740.00) for additional preventive roof maintenance services for a total Agreement amount of One Hundred Twenty Five Thousand Four Hundred Eighty Dollars and No Cents ($125,480.00). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "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 1 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. Mailing and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. 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. 6. 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 TWM Roofing, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Tom Marshall, President, Secretary & Treasurer ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR TWM Roofing, Inc. Contact Person: Tom Marshall 2380 Via Monserate, Fallbrook, CA 92028 Phone Number: (760) 731-0777 TWMSince1978@Gmail.com 3 PM Initials: D B Date: ATTACHMENT A Attached hereto and incorporated herein is the associated cost as provided by the Contractor. THE PREVENTIVE ROOF MAINTENANCE PROGRAM DESCRIBED IN THIS SCOPE OF WORK, ARE FOR LOCATIONS LISTED BELOW: LOCATIONS: • City Hall, 43200 Business Park Drive, Roof Size approximate 14,774 Sq. Ft. Roof Type: Flat. • Maintenance Facility, 43210 Business Park Drive, Roof Size: approximate 7,980 Sq. Ft. Roof Type: Flat. • Community Recreation Center, 30875 Rancho Vista Road, Roof Size approximate: 15,931 Sq. Ft. Roof Type: Slope & Flat • Temecula Community Center, 28816 Pujol Street, Roof Size: approximate: 7,305 Sq. Ft. Roof Type: Slope & Flat • Mary Phillips Senior Center, 41845 6th Street, Roof Size approximate: 11,898 Sq. Ft. Roof Type: Slope & Flat • Temecula Valley Museum, 28314 Mercedes Street, Roof Size approximate: 5,760 Sq. Ft. Roof Type: Slope & Flat • Chapel of Memories, 28300 Mercedes Street, Roof Size approximate: 2,476 Sq. Ft. Roof Type: Slope • Temecula Children's Museum, 42081 Main Street, Roof Size approximate 7,500 Sq. Ft. Roof Type: Flat • Fire Station 84, 30650 Pauba Road, Roof Size approximate 12,480 Sq. Ft. Roof Type: Slope & Flat • Fire Station 73, 27415 Enterprise Circle West, Roof Size approximate 5,000 Sq. Ft. Roof Type: Flat • Old Town Community Theater 42051 Main Street, Roof Size approximate 20,700 Sq. Ft. Roof Type: Slope & Flat • Temecula Valley Library Pauba Road, Roof Size approximate 34,000 Sq. Ft. Roof Type: Slope & Flat • Field Operation Center, 43200 Business Park Drive, Roof Size approximate 9,000 Sq. Ft. Roof Type Slope & Flat Contractor and the District hereby agree that subject to the terms, conditions and limitations stated herein, Contractor will provide the following services to the District on the District's Roofing System described above (hereinafter" CRS"). The annual price will be held for a five year period. The services being offered by the Contractor include the following: A. LEAK RESPONSE PROGRAM For each leak in the CRS which is covered under this Agreement, the District shall immediately within 24 hours call Contractor and report the roof leak, location, District's site contact representative, leak severity and any other information which may be useful to Contractor in responding to the leak. Contractor will promptly (within 24 hours) deploy a contractor to respond to the leak. If leaks due to sources that are not covered by this agreement, customer will be billed at the pre -arranged billing rate. Otherwise, Contractor will pay for the leak repairs. If necessary, a follow-up inspection to the CRS leak area will be conduct to examine the repair quality and identify additional roofing concerns. 4 If leaks have been reported, a leak activity report will be provided to the District on a quarterly basis. These reports will provide the following: 1. Number of customer calls into the system. 2. Response time for each call. 3. Overview and/or follow up recommendations. B. INSPECTIONS, HOUSEKEEPING AND PREDICTIVE MAINTENANCE On a semi-annual basis during the term of this Agreement, Contractor shall provide roof inspections, routine preventive maintenance and general housekeeping services on the CRS, on a schedule to be agreed upon by Contractor and the District. Roof inspection services are as follows: 1. Visual inspection of the roof membrane and roof surface conditions. 2. Inspection of the flashing systems including, but riot limited to, the metal edge system, base flashing on equipment and adjoining walls, counterflashing and termination details, soil stacks and vents, and inspection of rooftop projections and equipment including, but not limited t to, pitch pans, HVAC equipment, skylights and access hatches. Roof inspection services do not include: 1. Inspection of water damage or mold growth. 2. Detection or identification of mold. Preventive maintenance services are as follows (NOTE: Preventive maintenance involves work that is meant to keep the roof in its present condition. It does not include extensive repairs or restoration of a deteriorated roof intended to improve its condition to maintainable roof. If such extensive repairs are necessary, you will be made aware of what is needed to be done to bring the individual roof to maintainable condition.) 1. Metal edge flashing components — incidental tears, splits and breaks in the membrane flashings will be repaired with appropriate repair mastics and membranes. 2. Incidental tears and splits in the flashing membrane will be repaired with appropriate repair mastics and membranes. Incidental open or split flashing strip - ins will be repaired with appropriate repair mastics and membranes. Unsecured rooftop equipment will be secured. Exposed fasteners will be sealed. Intermittent voids in termination bar and counterflashings sealant will be resealed. 3. Roof membrane maintenance repairs — incidental tears, breaks and spits in the flashing membrane will be repaired with appropriate repairs mastics and membranes. Incidental splits and blisters that threaten the roof integrity will be cleaned, primed and repaired with appropriate repair mastics and membranes. Intermittent voids in metal projections (hoods and clamps) sealants will be resealed. 5 4. Preventive maintenance services do not include: a. Repairs or maintenance of any building component other than the roofing system. b. Remediation or abatement of mold. c. Recoating of roof membranes. General rooftop housekeeping services are as follows: 1. Removal of debris (i.e., leaves, branches, paper and similar items) from the roof membrane (excluding HVAC and other major equipment). 2. Removal of debris from the roof drains, gutters and scuppers. 3. All debris will be disposed of at the District's expense at District's approved on- site location. (Housekeeping and general rooftop preventive maintenance does not absolve the building District/customer for keeping effluent and debris from the roof surface. Production -related material is excluded as part of the housekeeping. Additionally, it the scheduled cleaning is insufficient to maintain the roof integrity, customer must pay for additional cleaning/inspections or assume responsibility for such cleanings. Customer agrees that all debris on or removed from the roof is the sole property of Customer and it is the sole responsibility of Customer to properly dispose of said debris.) C. ANNUAL ROOF INSPECTION As part of one semi-annual inspection, Contractor will provide an annual roof inspection report. The annual report shall become part of the roof database which will be maintained on the roof system for the life of this agreement. Roof inspection reports will not address the presence of water damage to any building component other than the roofing system or the presence of mold. D. STORM REPORTS Upon notification by the District, Contractor will provide a roof inspection and a corresponding report after a major storm to ensure timely repairs. This inspection may coincide with the semi- annual roof inspection, if the timing is close to this planned inspection. E. DISTRICTS RESPONSIBILITIES It is agreed by the parties that Contractor by this Agreement does not assume possession or control of any part of the CRS. Control and ownership of the CRS and all parts of the Building remains solely with the District. The District is solely responsible for all requirements imposed by any federal, state or local law, ordinance or regulation, and all repair, maintenance and other work with respect to the CRS and the Building, except as expressly stated by this Agreement. The District shall at all times exercise reasonable care in the use and maintenance of the CRS. Immediate repair of leaks is critical to prevent water damage and mold growth. Some authorities believe that mold will start to grow on building components with 24 hours of significant flooding or leakage. If the District does not immediately report leaks in accordance with the leak response program offered herein. In no event is Contractor responsible for any repairs to any part of the Building other than the CRS. The liability or expense for such repair is to be assumed and paid by the District. If the leak is not within the Service Agreement coverage, Contractor shall advise the District, and the District shall have repairs performed within thirty (30) days according to Contractor specifications. 6 The District agrees to provide Contractor with unrestricted ready access to the CRS and all areas of the Building on which the CRS is located. F. SERVICE AGREEMENT EXCLUSIONS This Service Agreement does not cover any leaks or damage or failure of the CRS or any part thereof as result of: 1. Natural or accidental disaster, including but not limited to, damage caused by lighting, hailstorms, floods, gale force winds (32 mph or greater), tornadoes, earthquakes, fire, vandalism, animals, penetration of the membrane or chemical attach by outside agents. 2. Any intentional or negligent act on the part of the District or third party including, but not limited to, misuse, traffic or storage of materials on the roof. Any repair of these items will be at District's expense. 3. Distortion, expansion or contraction of the CRS caused by faulty original construction or design of building components, including parapet walls, copings, chimneys, skylights, vents or roof deck. Additionally, this agreement excludes recoating or resurfacing of the flood coat and reflective coating of the CRS. G. SERVICE AGREEMENT LIMITATIONS Contractor shall have no responsibility and or liability under this Service Agreement until the Service Agreement price has been paid in full. The District's rights under this Service Agreement are specific to the District and are not transferable. Contractor obligation under this Agreement may be voided by Contractor based on events described in Section F, change in usage of the Building without the prior written approval of Contractor, repairs, alterations, penetrations of the attachments to the CRS without the prior written approval of Contractor, building settlement, deterioration, cracking or failure of the roof deck, coping and parapet walls, infiltration or condensation of moisture in, through or around walls, copings, underlying structure, hardware or equipment, or failure of the District to comply with its obligations described in this Agreement. H. OTHER TERMS Contractor will be excused from performing under this Agreement if prevented or delayed by events not within its control, including events such as floods, fires, accidents, riots, explosions, governmental order, acts of or omissions of contract CRS or other third parties, inability to access the CRS, etc. The District agrees that this Agreement, and the services and remedies set forth herein, are exclusive, and there are no other agreements between the District and Contractor or any affiliate. 7 DISTRICT MAY REQUEST CONTRACTOR TO MAKE REPAIRS WHICH ARE BEYOND THE SCOPE OF PREVENTIVE MAINTENANCE SERVICES OUTLINED ABOVE OR TO MAKE REPAIRS TO ROOFS ON FACILITIES NOT LISTED HERE. THESE ADDITIONAL MAINTENANCE REPAIRS WILL BE BASED ON CURRENT TIME AND MATERIAL COSTS, AS STATED IN ATTACHMENT "B", TITLED "EXHIBIT B PAYMENT RATES AND SCHEDULE". 111111 8 EXHIBIT "B" PAYMENT RATES AND SCHEDULE PREVENTIVE ROOF MAINTENANCE PROGRAM LOCATIONS PRICE PER 2012 PRICE PER 2013 PRICE PER 2014 PRICE PER 2015 PRICE PER 2016 CITY HALL, 43200 Business Park Drive $2,250.00 2,250.00 2,250.00 2,250.00 2,250.00 TEMECULA VALLEY MUSEUM, 28314 Mercedes Street $900.00 $900.00 $900.00 $900.00 $900.00 MARY PHILLIPS SENIOR CENTER, 41845 6th Street $950.00 $950.00 $950.00 $950.00 $950.00 CHAPEL OF MEMORIES, 28300 Mercedes Street $600.00 $600.00 $600.00 $600.00 $600.00 TEMECULA COMMUNITY CENTER, 28816 Pujoi Street $880.00 $880.00 $880.00 $880.00 $880.00 TEMECULA CHILDREN'S MUSEUM, 42081 Main Street $1,900.00 $1,900.00 $1,900.00 $1,900.00 $1,900.00 C.R.C. 30875 Rancho Vista Road $2,200.00 $2,200.00 $2,200.00 $2,200.00 $2,200.00 FIRE STATION 84, 30650 Pauba Road $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 FIRE STATION 92 32211 Wolf Valley Rd. $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 MAINTENANCE FACILITY 43210 Business Park Drive $870.00 $870.00 $870.00 $870.00 $870.00 FIRE STATION 73, 27415 Enterprise Circle West $1,850.00 $1,850.00 $1,850.00 $1,850.00 $1,850.00 **O. T. COMMUNITY THEATER, 42051 Main Street $6,500.00 $6,500.00 $6,500.00 $6,500.00 $6,500.00 9 EXHIBIT "B" (Continue) **TEMECULA PUBLIC $2,980.00 $2,980.00 $2,980.00 $2,980.00 $2,980.00 LIBRARY, Pauba Road ** FIELD OPERATION $1,800.00 $1,800.00 $1,800.00 $1,800.00 $1,800.00 CENTER 43200 Business Park Dr **CIVIC CENTER 41000 $7,800.00 $7,800.00 $7,800.00 $7,800.00 $7,800.00 Main Street **COUNCIL $1030.00 $1030.00 $1030.00 $1030.00 $1030.00 CHAMBERS 41000 Main Street **CONFERENCE CENTER 41000 Main $880.00 $880.00 $880.00 $880.00 $880.00 Street **OLD TOWN PARKING GARAGE 41000 Main $1,350.00 $1,350.00 $1,350.00 $1,350.00 $1,350.00 Street ** SUPPLEMENTAL SERVICES 10 EXHIBIT "B" (Continue) ALTERNATE BID ITEMS -For repair or extra work authorized by District MARK-UP ADDED TO CONTRACTOR'S WHOLESALE PRICE OF PARTS & EQUIPMENT % 20 HOURLY RATE PER REGULAR MAN HOUR-8am To 5pm Monday through Friday $88.00* HOURLY RATE PER OVERTIME MAN HOUR -After-hours, Weekends, Holidays, etc. $88.00* *4 — hour minimum. Name and Title 11 Signature of Authorized Representative FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MARINE BIOCHEMIST OF CA CIO ARCH CHEMICALS, INC. LAKE & POND MANAGEMENT/MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of May 14, 2013, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Marine Biochemist of CA c/o Arch Chemicals, Inc., a Corporation (hereinafter referred to as "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 May 22, 2012, the City and Contractor entered into that certain Agreement entitled "Agreement for Lake & Pond Management/Maintenance Services", in the amount of $56,800. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2014, and increase the payment in the amount of $56,800, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: 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 Fifty Six Thousand Eight Hundred Dollars and No Cents ($56,800) for additional Lake and Pond Management/ Maintenance Services for a total Agreement amount of One Hundred Thirteen Thousand Six Hundred and No Cents ($113,600). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "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 1 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. Mailing and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. 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. 6. 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 Marine Biochemist of CA c/o Arch Chemicals, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Rich Walden, Group Head, America ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Michael Waddell, VP Water Treatment Marine Biochemist of CA c/o Arch Chemicals, Inc. Contact Person: Bill Thomas 2940 E. La Jolla St. Anaheim, CA 92806 Phone Number: (714)632-5253 3 PM Initials: D Q Date: 1/ ATTACHMENT A Attached hereto and incorporated herein is the associated cost as provided by the Contractor. EXHIBIT "B" PRICING SHEET LAKE & POND MANAGEMENT/MAINTENANCE SERVICES DESCRIPTION PRICE PER MONTH PRICE PER YEAR Harveston Lake Park To be serviced three times per week (Monday, Wednesday & Friday) $3,975.00 $47,700.00 Harveston Lake Park To be serviced twice a week (Tuesday & Friday) $3,300.00 $39,600.00 Temecula Duck Pond To be services three times per week (Monday, Wednesday & Friday) $880.00 $10,560. Temecula Duck Pond To be serviced twice a week (Tuesday & Friday) $600.00 $7,200.00 ALTERNATE BID ITEMS — for emergency repairs or extra work authorized by City MARK-UP ADDED TO VENDOR'S WHOLESALE PRICE OF PARTS, EQUIPMENT AND MATERIALS 15% HOURLY RATE PER REGULAR MAN HOUR (8am TO 5pm Monday through Friday $75.00 HOURLY RATE PER OVERTIME MAN HOUR — After-hours, Weekends, Holidays, etc. $100.00 Company Name: Signature of Authorized Representative: 4 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND RENE B. MARTINEZ, SR. d/b/a RENE'S COMMERCIAL MANAGEMENT FOR FUTURE REPAIR, IMPROVEMENT AND MAINTENANCE UPON REAL AND PERSONAL PROPERTY OF THE CITY OF TEMECULA THIS FIRST AMENDMENT is made and entered into as of May 14, 2013, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and RENE B. MARTINEZ, SR. dba RENE'S COMMERCIAL MANAGEMENT, (hereinafter referred to as "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 June 12, 2012, the City and Contractor entered into that certain Agreement entitled "Agreement for Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula", in the amount of $200,000. b. The parties now desire to extend the term of the agreement to June 30, 2014, increase the payment in the amount of $200,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Ag ree me nt. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: 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 riot exceed Two Hundred Thousand Dollars and No Cents ($200,000), for additional Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula for a total Agreement amount of Four Hundred Thousand Dollars and No Cents ($400,000). 1 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing ad Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. 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. 6. 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 RENE B. MARTINEZ, SR. d/b/a RENE'S COMMERCILA MANAGEMENT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Rene B. Martinez, Sr., Owner ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Rene's Commercial Management Contact Person: Rene B. Martinez, Sr. 1002 Luna Way San Jacinto, CA 92583 Phone Number: (951) 487-0247 3 PM Initials: D R Date: v ATTACHMENT A Attached hereto and incorporated herein is associated cost as provided by the Contractor. Rene's Commercial Management 1002 Luna Way * San Jacinto, CA 92583 * TeL (951) 830-0239 EXHIBIT B CLIENT: Ciry of Temecula, CA DATE: March 20, 2012 TIME & MATERIAL RATES FOR JULY 2012 / 2013 "Open" RIGHT-OF-WAYS: WEED SPRAYING: 1) Pre -emergent Applications: $225.00/acre 2) Post -emergent Applications: $175.00/acre NOTE: (1 mile = 5,280 ft. x 8 ft. wide = about 1 acre) MAJOR ARTERIALS: WEED SPRAYING: 1) Pre -emergent Applications: $ 75.00/mile 2) Post -emergent Applications: $ 55.00/mile MECHANICAL WEED ABATEMENT OR LABOR W/EQUIPMENT: Forman & Pick-up Man / Equipment Per Hour $40.00 $35.00 Emereencv Response Rate $55.00 $45.00 GENERAL LABOR, TRASH PICK-UP, HAULING, FIELD RODENT CONTROL ETC: Foreman & Pick-up Per Man Hour Per Hour $38.00 $30.00 TRACTOR / MOWING/Implement: Equipment with Operator: $85.00 /Hr. (Rate includes transportation cost) Emereencv Response Rate $55.00 $45.00 (Minimum 3 Hours Charge) All of these rates reflect current "Prevailing Wage and Certified Payroll': Rene B. Martinez Sr. — Cellular Phone: (951) 830-0239 — 24 Hours 4 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND WEST COAST ARBORISTS, INC. TREE TRIMMING MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of May 14, 2013, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and West Coast Arborists, a Corporation (hereinafter referred to as "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 July 12, 2011, the City and Contractor entered into that certain Agreement entitled "Agreement for Tree Trimming Maintenance Services", in the amount of $400,000. b. The parties now desire to extend the term of the agreement to June 30, 2014, increase the payment in the amount of $200,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2014 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms 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. The First Amendment amount shall not exceed Two Hundred Thousand Dollars and No Cents ($200,000) for additional Tree Trimming Maintenance Services for a total Agreement amount of Six Hundred Thousand Dollars and No Cents ($600,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "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 1 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. Mailing and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. 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. 6. 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 WEST COAST ARBORISTS, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Patrick Mahoney, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk Richard Mahoney, Assistant Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR West Coast Arborists. Inc. Contact Person: Patrick Mahoney 2200 E. Via Burton St. Anaheim, CA 92806 Phone Number: (714) 991-1900 Fax Number: (714) 956-3745 3 PM Initials: D B Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. CITY OF TEMECULA TREE TRIMMING AND MAINTENANCE SERVICES EXHIBIT A Pricing Form Exhibit B SERVICE .:UNIT PRICE 19.00 UNIT DESCRIPTION - each STREET TREE TRIMMING • CLEARANCE TRIM STREET TREE AESTHETIC TRIMMING • FULL TRIM $ 49.00 each PARK/SLOPE TREE AESTHETIC TRIMMING - AERIAL $ each UNIT 69.00 PARK/SLOPE TREE AESTHETIC TRIMMING - CUMBER $ 79.00 each PALM TREE TRIMMING $ 49.00 each COMPLETE TREE & STUMP REMOVAL $ 19.00 diameter Inch COMPLETE TREE REMOVAL ONLY $ 14.00 diameter Inch STUMP REMOVAL $ 5.00 diameter Inch ROOT PRUNING WITHOUT ROOT BARRIER $ 49.00 each ROOT PRUNING WITH ROOT BARRIER $ each (10' X 18" DEEP ROOT OR EQUIVALENT) 99.00 TREE PLANTING: 15 gal. w/root barrier $ 126.00 each 15 gal. w/o root barrier $ 105.00 each 24 inch box wlroot barrier $ 225.00 each 24 inch box w/o root harrier $ 200.00 each watering,$ 379.00 day CREW RENTA• 3 MEN, AERIAL UNIT, DUMP TRUCK $ hour & CHIPPER 135.00 CREW RENTAL - 2 MEN, AERIAL UNIT, DUMP TRUCK $ hour & CHIPPER 00.00 CREW RENTAL • 1 MAN $ 45.00 hour EMERGENCY WORK CALL OUT • 3 MEN INCLUDING $ 210.00 hour ALL NECESSARY EQUIPMENT, DISPOSAL FEES, AND ZERO MATERIAL MARK-UP Itis intended that any other public agency (e.g., city, county district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate In any award made as a result of this solicitation at the same prices. The City shall Incur no financlal responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the vendor. Par 4 Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 14, 2013 SUBJECT: Second Amendment to Agreement with Siemens Industry, Inc. for On -Call Traffic Signal Maintenance Services PREPARED BY: Jerry Gonzalez, Associate Engineer Julie Dauer, Interim Management Analyst RECOMMENDATION: Approve the Second Amendment to the Agreement with Siemens Industry, Inc. for On -Call Traffic Signal Maintenance Services in the amount of $170,000. BACKGROUND: On July 1, 2012, the City Manager approved an Agreement with Republic Intelligent Transportation Services, Inc., in the amount of $30,000 for on-call traffic signal maintenance services. On October 1, 2012, a First Amendment to the Agreement was approved to affect a name change and merge to the parent company, Siemens Industry, Inc. Siemens Industry, Inc. is our sole provider of on-call maintenance services assisting City traffic signal maintenance staff with the emergency repair and replacement of traffic signal poles, installing and repairing wiring, conduits, cabinets, and other signal equipment replacement. Due to an increase in the replacement of equipment damaged by traffic accidents, an amendment to the agreement with Siemens Industry, Inc., is necessary to allow for payment of increased service levels needed to repair and replace damaged traffic signal equipment. The services provided by Siemens Industry, Inc., will be assigned, as needed, to support traffic signal maintenance staff in emergency situations and facilitate the repair and replacement of traffic signal equipment damaged by traffic collisions. FISCAL IMPACT: Adequate funds are made available each year within the Public Works, Traffic Division annual operating budget line items for annual services. The costs for additional services related specifically to traffic incidents are primarily supported by our cost recovery processes. ATTACHMENTS: Second Amendment to Agreement with Siemens Industry, Inc. SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND SIEMENS INDUSTRY, INC. ON-CALL TRAFFIC SIGNAL MAINTENANCE SERVICES THIS SECOND AMENDMENT is made and entered into as of May 14, 2013, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Siemens Industry, Inc., a Corporation (hereinafter referred to as "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 July 1, 2012, the City and Contractor entered into that certain Agreement entitled "Agreement for On -Call Traffic Signal Maintenance Services", in the amount of $30,000. b. On October 1, 2012, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for On -Call Traffic Signal Maintenance Services," due to the name and ownership change of said Contractor from Republic Intelligent Transportation Services, Inc. to Siemens Industry, Inc. c. The parties now desire to extend the term of the agreement to June 30, 2014, increase the payment in the amount of $170,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 6 of the Agreement entitled "PAYMENT" at paragraph is hereby amended to read as follows: 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 A, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed Two Hundred Thousand Dollars ($200,000). 4. Section 15 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "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, 1 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. Mailing and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. 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 SIEMENS INDUSTRY, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor ATTEST: By: By: Dana Rasmussen Vice President Susan W. Jones, MMC, City Clerk Neway Redia Senior Director of Finance and Business Administration APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Siemens Industry, Inc. Attn: Ariane Hurley 371 Bel Marin Keys Blvd., Suite 200 Novato, CA 94949 (415) 884-3000 3 PM Initials: D Q Date: �J Item No. 13 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 14, 2013 SUBJECT: First Amendment to Agreement with Southwest Traffic Systems, Inc. for Minor Maintenance Services PREPARED BY: Jerry Gonzalez, Associate Engineer - Traffic RECOMMENDATION: Approve the First Amendment to the Agreement with Southwest Traffic Systems, Inc. for Minor Maintenance Services in the amount of $100,000 for a total Agreement amount of $130,000. BACKGROUND: In May 2012, the City Manager approved an Agreement for Minor Maintenance Services with Southwest Traffic Systems, Inc., to provide technical support for the repair and maintenance of vehicle light -bar and traffic signal pre-emption equipment. 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 four (4) years. The purpose of the First Amendment to the Agreement is to repair, replace, and upgrade emergency vehicle pre-emption equipment at thirty-three (33) intersections. Southwest Traffic Systems, Inc. is the only southern California distributor of Tomar Electronics, Inc., emergency vehicle pre-emption equipment which has been adopted as a standard application by the City of Temecula. The cost for purchase of the equipment is estimated at $97,383.12, which will be shared by Temecula Police Department, Cal Fire, and the City of Temecula Public Works Department. FISCAL IMPACT: Adequate funds are available in the Public Works Department Traffic Division operating budget, Account No. 001.164.602.5412. ATTACHMENTS: First Amendment to Agreement with Southwest Traffic Systems, Inc. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND SOUTHWEST TRAFFIC SYSTEMS, INC. TECHNICAL SUPPORT FOR REPAIR AND MAINTENANCE OF LIGHT -BAR AND TRAFFIC SIGNAL PRE-EMPTION EQUIPMENT THIS FIRST AMENDMENT is made and entered into as of May 14, 2013, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Southwest Traffic Systems, Inc., a Corporation (hereinafter referred to as "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 July 1, 2012, the City and Contractor entered into that certain Agreement entitled "Agreement for Minor Maintenance Services", in the amount of $30,000. b. The parties now desire to increase the payment in the amount of $100,000, and to amend the Agreement as set forth in this Amendment. 2. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: 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 ($100,000), for purchase of emergency vehicle pre-emption equipment for a total Agreement amount of One Hundred Thirty Thousand Dollars ($130,000). 3. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. 1 Mailing and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 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. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA SOUTHWEST TRAFFIC SYSTEMS, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Fred Roush, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Sherri Roush, Treasurer Southwest Traffic Systems, Inc. Jason Shadle, Regional Sales Manager 1934 East Clubhouse Drive Phoenix, AZ. 95048 951-541-9943 JShadle@southwesttraffic.com 3 PM Initials: D B Date: ATTACHMENT A Attached hereto and incorporated herein is the associated cost as provided by the Contractor. 4 1 r Southwest Traffic Systems, Inc. 1 r 1 r Temecula, CA. Quotation Jason Shadle — Regional Sales Manager JShadle@southwesttraffic.com Cell: (951) 704-3586 Office: (951) 541-9943 DATE BID DATE SALESPERSON April 23`d, 2013 Extended Jason Shadle OWNER PROJECT NAME PROJECT NO. City of Temecula EVP 1 Item No. Qty Description Price/Each Extended 1 1 (20) 3M EVP Locations *See Details Attached $53,714.00 2 1 (13) TOMAR EVP Locations *See Details Attached $36,150.00 *AII currently installed equipment at the (33) locations must be given to Tomar in order to receive the discount offered Sub -Total $89,864.00 Tax @ 8.00% $7,189.12 Shipping $330.00 Total $97,383.12 Quotation Valid for 45 Days Freight: F.O.B. Destination Delivery: 30 Terms: Net 30 Price does not include: Installation. Thank You, Jason Shadle Southwest Traffic Systems Distributor of Tomar Electronics TEMECULA COMMUNITY SERVICES DISTRICT Item No. 14 ACTION MINUTES of April 23, 2013 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 8:18 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS • Diana Serafin • Kathy Lynch • Ernie White CSD CONSENT CALENDAR 12 Action Minutes — Approved Staff Recommendation (3-0-1-1, Director Washington absent and President Comerchero abstained) Director Naggar made the motion; it was seconded by Director Edwards; and electronic vote reflected approval with one abstention and one absence. RECOMMENDATION: 12.1 Approve the action minutes of April 9, 2013. 13 TCSD Proposed Rates and Charges for Fiscal Year 2013-14 — Approved Staff Recommendation (4-0-1, Director Washington absent) Director Naggar made the motion; it was seconded by Director Edwards; and electronic vote reflected approval with one absence. RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. CSD 13-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2013-14 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 1 CSD Action Minutes 042313 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 8:30 P.M., the Community Services District was formally adjourned to May 14, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] 2 CSD Action Minutes 042313 Jeff Comerchero, President PUBLIC HEARING Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: May 14, 2013 SUBJECT: Planning Application No. PA13-0078, an Appeal of the Planning Commission's approval of Planning Application Nos. PA12-0207 and PA12-0208, a Development Plan to allow for the construction of a 3,590 square foot McDonald's restaurant, and a Conditional Use Permit to allow for a drive-thru for the proposed McDonald's within an existing commercial center zoned Community Commercial (CC) at 30580 Rancho California Road PREPARED BY: Kenny Taylor, Project Planner RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA13-0078, AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NOS. PA12-0207 AND PA12-0208, A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF A 3,590 SQUARE FOOT MCDONALD'S, AND A CONDITIONAL USE PERMIT TO ALLOW FOR A DRIVE-THRU FOR THE PROPOSED MCDONALD'S WITHIN AN EXISTING COMMERCIAL CENTER ZONED COMMUNITY COMMERICAL (CC) LOCATED AT 30580 RANCHO CALIFORNIA ROAD (APN 921-700-002) BACKGROUND: On October 18, 2012, Dan Osran of KTGY Group, Inc. submitted Planning Application Nos, PA12-0207 and PA12-0208, a Development Plan to allow for the construction of a 3,590 square foot McDonald's restaurant, and a Conditional Use Permit to allow for a drive-thru for the McDonald's within an existing commercial center zoned Community Commercial, located at 30580 Rancho California Road. The McDonald's project includes the demolition of an existing stand-alone bank building and construction of a 3,590 square foot McDonald's building with a drive-thru. The proposed restaurant site is part of the existing Palomar Shopping Center that shares reciprocal parking and access. For this project site, the applicant has provided 48 total parking stalls, including 19 spaces on the McDonald's lot and 29 shared spaces from within the Palomar Shopping Center, thereby satisfying off-street parking requirements. The restaurant dining area will be open to the public from 5:00 a.m. to 1 a.m., and the drive-thru will operate 24 hours a day, seven days a week. At the Planning Commission hearing, members of the community, including Cheryl Zenzola, and the appellant, Allan Gantes, spoke in opposition to the project. Ms. Zenzola opposed the project based on noise and hours of operation concerns relating to the drive-thru. Mr. Gantes opposed the project based on concerns relating to the proximity of an additional fast-food burger restaurant next to the existing Carl's Junior and Burger King restaurants within the Palomar Village Shopping Center. The Development Plan and Conditional Use Permit applications were approved 5-0 by the Planning Commission after hearing public testimony on March 20, 2013. APPEAL: On April 4, 2013, Mr. Allan Gantes, representing the Burger King restaurant located at 30534 Rancho California Road, and Ms. Dana McClure, representing the Carl's Junior Restaurant at 30660 Rancho California Road (appellants), filed Planning Application No. PA13-0078, an appeal of the Planning Commission's decision to approve Planning Application Nos. PA12-0207 Development Plan and PA12-0208 Conditional Use Permit. The appellant has requested that the following actions be taken by the City Council: 1. Reverse the approvals for a fast food restaurant with drive-thru for Planning Application Nos. PA12-0207 and PA12-0208 Appellant's Contention The appeal of the Planning Commission's approval of this project is based on the appellant's concern with the proximity of an additional fast-food burger restaurant next to the existing Carl's Junior and Burger King Restaurants within the Palomar Village Shopping Center. The appellant's state that they do not see any benefit to the nearby residents of the community and public who traverse along Rancho California Road by adding a third hamburgerfocused fastfood resturantwith drive-thru that caters to the same customer base with very similar food offerings and price points. The appellants contend that "The residents of the community would be better served by having other types of retailers located at this location, whether that be other types of food without a drive-thru (i.e., Chipotle Mexican Grill, Starbucks, etc.) or other type services underserved in the area." The appellants further contend that "It is unheard of, in today's environment to see three burger focused fast food brands with drive-thru in the same parking lot." Staff Response The Community Development Department reviews all land use applicants pursuant to the City's General Plan and Development Code. The Development Code bases approval of uses in the Community Commercial zone on conformance with the General Plan, applicable provisions of the Development Code and the purpose of the zoning district in which the site is located, applicable requirements of State Law and other Ordinances of the City, and the public's health, safety, and general welfare. The General Plan, Municipal Code, State Law, and other Ordinances of the City do not regulate economic competition or base approval of permitted restaurants or conditionally permitted drive-thrus on the proximity of other fast food restaurants with drive-thrus. As designed and conditioned, the restaurant and drive-thru are consistent with the uses allowed by the General Plan and Development Code in the Community Commercial (CC) district. ENVIRONMENTAL FINDINGS: In accordance with the California Environmental Quality Act, the City Council finds that the proposed project is categorically exempt from further environmental review pursuant to Section 15332 of the California Environmental Quality Act Guidelines, Class 32 In -Fill Development Projects in that all of the conditions described in Section 15332 exist for this Project: The proposed project is the replacement of an existing commercial structure to allow for the construction a new 3,590 square foot restaurant associated with a drive-thru facility within City limits on a parcel totaling 0.87 acres. The project is consistent with the applicable General Plan designation and all applicable General Plan Policies as well as with all applicable zoning designations and regulations. The Project occurs within City limits on a project site of no more than five acres substantially surrounded by urban use. The project site has no value, as habitat, for endangered, rare or threatened species. Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The site is primarily developed with service from all required utilities and public services. The proposed project meets the CEQA exemption criteria for in -fill development projects, therefore no further environmental review is necessary. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution 2. Appeal Application 3. Planning Commission March 20, 2013 Agenda Packet RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA13-0078, AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NOS. PA12-0207 AND PA12-0208, A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF A 3,590 SQUARE FOOT MCDONALD'S, AND A CONDITIONAL USE PERMIT TO ALLOW FOR A DRIVE-THRU FOR THE PROPOSED MCDONALD'S WITHIN AN EXISTING COMMERCIAL CENTER ZONED COMMUNITY COMMERICAL (CC) LOCATED AT 30580 RANCHO CALIFORNIA ROAD (APN 921-700-002) 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. Dan F. Osran of KTGY Group, Inc., representing McDonald's, filed Planning Application Nos. PA12-0207 and PA12-0208, in a manner in accord with the City of Temecula General Plan and Development Code. B. Planning Application Nos. PA12-0207 and PA12-0208 were 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 Planning Application Nos. PA12-0207 and PA12-0208 on March 7, 2013 at a duly noticed public hearing as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. Following the public hearing and after due consideration of the documents and testimony presented, the Planning Commission approved Planning Application Nos. PA 12-0207 and PA 12-0208 E. On April 4, 2013, Mr. Allan Gantes, representing the Burger King restaurant located at 30534 Rancho California Road, and Ms. Dana McClure, representing the Carl's Junior Restaurant at 30660 Rancho California Road filed Planning Application No. PA13-0078, an appeal of the Planning Commission's decision to approve Planning Application Nos. PA12-0207 Development Plan and PA12-0208 Conditional Use Permit. E. The City Council, at a regular meeting, considered Planning Application PA13-0078, an appeal of the Planning Commission's decision to approve Planning Application Nos. PA12-0207 and PA12-0208, on May 14, 2013 at a duly noticed public hearing as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council duly considered due consideration of the documents and testimony presented at the public hearing. Section 2. Findings. Pursuant to the requirements of Section 17.05.010, the City Council hereby finds, determines and declares that: Development Plan (Code Section 17.05.010.F) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed project will allow for a new 3,590 square foot restaurant with a drive-thru facility. The restaurant and drive-thru are consistent with the uses allowed in the City of Temecula Development Code for Community Commercial (CC) zoning districts. Furthermore, the use is consistent with the City of Temecula General Plan and with all requirements of State law and other Ordinances of the City. B. The overall development of the land is designed for the protection of the public's health, safety, and general welfare; The overall design of the project, including site design, lot coverage, building height, setbacks, parking, circulation, and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. The project is consistent with all applicable policies, guidelines, and standards intended to ensure that the development will be constructed and function in a manner which protects the public's health, safety, and general welfare. Conditional Use Permit (Section 17.04.010.E) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The use will allow the restaurant to construct and operate a drive-through facility. Per Section 17.08.030 (Use Regulations) of the Municipal Code, restaurant drive- thrus require the approval of a Minor Conditional Use Permit. As designed and conditioned the proposed use will comply with the applicable provisions of the Temecula General Plan, State law, and other Ordinances of the City. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed drive-thru has been designed to allow for approximately 12 vehicles to be queued within the drive-thru to minimize the congestion on-site by providing adequate queuing and circulation on-site. As designed and conditioned, the use will be compatible within the nature, condition and development of the adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The applicant is proposing to operate a drive-thru facility as an ancillary use for a restaurant. The subject property is 0.87 acres with a building lot coverage of 9.4%. The drive-thru is situated along the west, south, and east sides of the building and provides adequate setbacks and extensive landscaping to screen the drive-thru. The site will remain adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project meets all requirements of the Development Code, General Plan, Fire Code, and Building Code, which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. E. That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to conditionally approve the application for a Conditional Use Permit is based on substantial evidence in view of the record as a whole before the City Council. Section 3. In accordance with the California Environmental Quality Act, the City Council finds that the proposed project is categorically exempt from further environmental review pursuant to Section 15332 of the California Environmental Quality Act Guidelines, Class 32 In -Fill Development Projects in that all of the conditions described in Section 15332 exist for this Project: The proposed project is the replacement of an existing commercial structure to allow for the construction a new 3,590 square foot restaurant associated with a drive-thru facility within City limits on a parcel totaling 0.87 acres. The project is consistent with the applicable General Plan designation and all applicable General Plan Policies as well as with all applicable zoning designations and regulations. The Project occurs within City limits on a project site of no more than five acres substantially surrounded by urban use. The project site has no value, as habitat, for endangered, rare or threatened species. Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The site is primarily developed with service from all required utilities and public services. The proposed project meets the CEQA exemption criteria for in -fill development projects, therefore no further environmental review is necessary. Section 4, The City Council of the City of Temecula hereby denies Planning Application No. PA13-0078 which is the appeal of the Planning Commission's approval of Planning Application Nos. PA12-0207 and PA12-0208 (Development Plan with a Conditional Use Permit. The City Council hereby approves Planning Application Nos. PA12-0207 and PA12-0208 (Development Plan with a Conditional Use Permit), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of May, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of May, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk cityofemecu&i 41000 Main Street P.O. Box 9033 Temecula, California 92589-9033 PHQNE: (951) 694-640Q FAX: (951) 694-6477 www.cityoftemecula.org • APPEAL (PUBLIC HEARING) Date Stamp RECEIVED APR 0 4 2013 Planning Application No. Original Planning Application Number(s): Pry I `Oc O r 0z Zi Appealing the decision of (Specify Director of Planning, Director's Hearing, or Planning Commission and Action Date): )2-116114 o CAI i 1'U inn i Doric IA Is pn yU-J- he'a r- on -310-W/ Briefly specify what action or decision is being appealed: f J2p7 u<c % o.4 i�) a r and GGc P l)vry Id Dr► d A.14- i c rnn-/: Assessor's Parcel No(s): . " r�U — 00 Legal Description (Tract, Lot No.): P/h >L-/ - Z 7,0 v; , Street Address(es): Q c8 Q E(,� n Ch b lI'�l � �/� � a fOad General Location: I'o, J ofee 41.- The NdrM-hwwsf (orn, r a ,c1/1Ch0 61 kin' i0, A 97/ /h rym r/ i hoof R:\Applicatlons 2011 \Appeal 2011.doc 2 NTL�z .�,•,± O ER1Rj04R�A'T#ION AVIV 7. •.Nr APPELLANT/REPRESENTATIVE-{-/ IGtr') 6 -an -s PHONE NO. (gin ) CONTACT C�--- /-7��J'r LAST FIRST FAX NO. (� I) 0- 3g -LPO ADDRESS P -O • 0.TUk. '6 L,oGL�, T�Vr r'.> j CITY STREET MI. ( '7?-(vl1 • STATE . ZIP E-MAIL 6? 1 i7JS R511pGt c: COQ JI/inc PROPERTY OWNER • SO C.e'1 ' /2 urAe-r- POrr-/-nc r , LAST L/ FIRST MI. PHONE NO. Oa) 4 -D&, z FAX NO. CGI/i/..i• ADDRESS O o. �j (v l� , 72 -vin ��} . � �1 . STREET CITY STATE , ZIP jSsip' cvrr E-MAIL t11,-"rcertify that alt filing requirements have been satisfied for my application. I further'understand that an Incomplete application cannot be accepted for processing. Applicant's Signatures Date: ///4 /13 1.4...f.;;;) n •mss, /Y?a,;7 / /hit. 6-K:. a'S-/--(E), LL -c, Owner Certification i'I'lQ��,r_ ertify under the penalty of the laws of the State of California that r am the property owner of the property that is the subject matter of•this application and 1.am authorizing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, if any, may result�rin restrictions, limitations and construction obligations ting imposed on this real property. It/ t wne�Fl � • Date: 4//1.4// Own Authorized Agent Signatures , Print Name: J-1 /4'/`7 ' !S .:n kS IVA!jai tr, IU. P tet-- Tr7 ves---/--c?, , /'YI,t »c Written authorization from the legal property owner is required. An authorized agent for the owner must attach a notarized Ietter'of authorization from the legal property owner. • R,\Applicatlons 2011 \Appeal 2011.doc 3 APPELLANT/REPRESENTATIVE DAr7A r 0 J.fa. re. -CONTACT r6(-CliAill" )..-4•rle-..;‘,.._. . . . . , _3..77:5_ . . LAST FIRST' PHONE NO. 16/- a7a--:.&*---7 79 - Y. PA)NO. ----/ -,- 0. -7 a. - .10 Oz-.-/ • ADDRESS /0 .Z, 1 r(lizkie:e. 1-- :/"- .S",/,: P...)/201-7)72, Ce ---4- ,9-tc(rD • STREET • • • •.. , . • • CIT'? STATE . ZIP E-MAIL bil1e:....c,16( /e7-e.d.„ .b .k 1'; ; n• 6(ta• I- C7 k7 Y OWNER ?)e_ • • I-NyvriuT5 LA$T, • . . FIRST .MI. • PHONE NO. 9 5,\:. a.7(o:).777 • X1-77.SFAXN0.. .qs- - d"))- 91a ADDRESS!(L 0112. Ke.:t ST, . 5Ti6 taeo-aa (A .9R icft-) • ZIP • . STREET .STATE E-MAIL .• 0---1 certify that all filing requirements have been satlified.for my application. 1 further understand that an . . . Incomplete application Cannot be. OCcepteci for processing. • . - • • ; 'a lo • ' -t fic) Applicant's SignatureCiii"A- • sYk hriA_ • Date: 4)ti3 Owner. Certification • • • • t • . . , • . . • , D I certify under the:penalty of the laws of the State .C.f 'California that I am the property owner of the property that is the subject matter of thIS-;.a0plloaffigrand f:ern mithorizing,to•and hereby do consent to the filing of this appliOatianaria-adinowiedde thatitieIlnai approval by the City of TernedUla, If any, may result In restriction ifmitations and ConStructiontiblIgations being imposed on this keel property. Owner/Authorized AgentSignature(31,e• Date: :4/7464Z • Print Name: batt:471. Written 'authorizatiOn 'froin pelytY OWnee Nquired. An authorized agent for the owner must attach a notarized let* Of authorization from the legell.:preperty owner. • R:1Applications 2011 1Appeal'2011.4oc 3; APPEAL APPLICATION SUBMITTAL REQUIREMENTS t•rsc r ati z-r� y�.� t � tt� ,. .. ..l-. :.. l .4�.•r? .. '.M1 l r 4 r � .- l -� i _..r_�1Ti,. ',i,?;:':'( --e -- .«yl..r y -i"' 4 •,s-.,. -t,. Completed and Signed Application and Filing Fee (within 15 calendar days following date of action by approval body) 1 Written descriptionof what action is being appealed (described in Section A) . 1. Written description to support the appeal (described in Section . B) 1 Evidence to 'support position (described in Section C) . 1 Written description of•desired action to be taken (described in Section D) . , . 1 Public•Hearing Requirements (copy from original file folder if less than six months old) (as described in Section E) 1 R:\Applications 2011 \Appeal 2011•.doc 4 SECTION A DESCRIPTIONVO, ACTIN t. . p `-Rai Stam ?v,, EIN.G,PP AEA1_'EDf�i�''kr l ; ` s _E' Specify if appealing an action of the Planning Director or the Planning Commission. Include the date of the decision to be appealed. Include the specific action that is being appealed, complete with. original Planning Application Number(s), common name of project, general location of project, and any other supporting information. e RI FeAPPEtAL• Include reason or justification to support the appeal. The Appellant must submit with this appeal each issue that the appellant alleges was wrongly determined together with every agreement and a copy of every item of evidence. • SECTION C.EVIDENCE T0•SLIPPOR The burden of proof to cause the appeal action to overturn the prior decision rests with the Appellant. . If the Appeal is to the City.Council,-only those issues that were presented during previous hearings may be•addressed: New evidence or issues may or may not be considered by the Council. .;SECTIOf ESIRED _A010 Include as statement concerningthe relief or action sought from the Planning Commission or City Council. ' • R:1Applicatlons 2011 \Appeal 2011.doc 5 The following information maybe obtained by requesting a "Radius Package" from a title insurance company. The following items will be required at the time of filing of the case application: 1. TWO identical packages to be inserted in separate 9 1/2" x 12 1/2" manila envelopes. These envelopes shall indicate the case number and the word "labels," • and shall contain the following: a. One. typed set of gummed labels (30 labels per sheet) indicating all the' property owners' names and the mailing addresses that are within 600 -foot radius of the exterior of their proposed project (this list shall be ascertained from the last equalized assessment roll). *A minimum of the 30 nearest individual property owners (persons owning multiple properties shall only be counted once)shall be provided. b. A photocopy of the aforementioned labels. c. One label for the representative/engineer. d. One label for the owner. 2. . Four typed sets of gummed labels of the owner, engineer, and representative with their mailing addresses. Do not include duplicate sets where representative and owner, etc., are the same. These should be inserted in a letter -sized envelope and stapled to the .outside of one of the large manila envelopes mentioned in item .1 above. 3: Certification by the title company, engineer, or surveyor that the above list is complete and accurate. The Tax Assessor's Office will not prepare or certify the property owner list (see certification form attached). 4. On a copy of your exhibit or tentative map showing all the parcels within the noticing radius. On the map, print the names of all property owners within the noticing radius as they are listed on the gummed labels. * See Chapter .17.03 of the Development Code for the correct approval authority and noticing guidelines for your particular project. R:1Appllcations 2011 \Appeal 2011.doc 6 Section A. Description of action being appealed Planning Application Nos. PA12-0207 and PA12-0208, a Development Plan to allowforthe construction of a 3,590 square foot.McDonald's Restaurant including a Conditional Use.Permit to allow for a drive- thru•within an existing comiLlercial.center, located at 30580 Rancho California Road, Kenny7ayior Section B. Written description to support appeal As owners of the adjacent hamburger restaurants we would like to convey our concern and opposition to the proposed new McDonalds Drive-Thru fast food restaurant planned on Rancho California Road in Temecula. As you are aware, there are currently 2 hamburger fast food restaurants, Carl's Jr. and Burger King, which were constructed during the 1990's in this neighborhood market shopping center. As independent long term small businessmen in Temecula and franchisees for these 2 restaurants, respectively, we do not see any benefit to the nearby residents of the community and public who traverse along Rancho California Road by adding a 3rd hamburger focused fast food restaurant with drive-thru that caters to the same customer base with very similar food offerings and price points. The Carl's and Burger King were built lathe 90's ---a totally different time where locating adjacent burger brands with drive-thru in close proximity was commonplace ----but that was then.... What benefit will the nearby residential community receive by having an additional retailer with the same products, same operating hours, a drive-thru, and peak level demands on traffic locating in the center? The residents of the community would be better served by having other types of retailers locate at this location whether that be other types of food without a drive-thru (i.e., Chipotle Mexican Grill, Starbucks, etc.) or other type services underserved in area. Would having Von's, Ralph's, and an Albertson's or a Union 76, Chevron, and Arco gas station in the same parking lot be the best plan to serve the needs of the local community and visibly portray retail development in Temecula as the Planning Commission would hope? (certainly not!) It is unheard of, in today's environment, to see 3 burger focused fast food brands with drive-thru in the same parking lot. We appreciate your careful evaluation of our concerns and your NO vote in supporting the needs of the community be better served by a better balanced retail environment. Section C. Evidence to support position The proposed McDonald's is located in the same shopping center parking lot as the adjacent Burger King and Carl's Jr. Restaurant. An existing retail/office building currently is situated on the property proposed to be redeveloped... Section D. Desired action to be taken The desired action requested is.the denial of approval for a fast food restaurant with drive-thru for project #PA12-0207 & PA12-0208. DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION March 20, 2013 Kenny Taylor, Project Planner Planning Application Nos. PA12-0207, a Development Plan to allow for the construction of a 3,590 square foot McDonald's and PA12- 0208, a Conditional Use Permit to allow for a drive-thru for the proposed McDonald's within an existing commercial center located at 30580 Rancho California Road, generally located on the north side of Rancho California Road, approximately 600 feet west of Margarita Road. Approve with Conditions Categorically Exempt Section 15332. Class 32 In -Fill Development PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Site: North: South: East: West: Lot Area: Daniel F. Osran Community Commerical (CC) Community Commerical (CC) Palomar Village Shopping Center/Community Commercial (CC) Commercial Retail (existing Palomar Village Shopping Center) /Community Commerical (CC) Residential/ High Density Residential (H) and Low Medium Density Residential (LM) Office (existing Palomar Village Shopping Center)/Community Commercial (CC) Drive-Thru Restaurant (existing Palomar Village Shopping Center)/Community Commercial (CC) Existinq/Proposed Min/Max Allowable or Required 0.87 Acres N/A Total Floor Area/Ratio: Landscape Area/Coverage: Parking Required/Provided: BACKGROUND SUMMARY 3,590 square feet proposed/Total FAR = 0.09 Maximum allowed 0.30 9,976 square feet/26.3% 20% proposed 48 required Proposed McDonald's Restaurant customer and employee parking/48 Total spaces provided On October 18, 2012, Dan Osran submitted Planning Application Nos. PA12-0207 and PA12- 0208. The project proposal consists of demolishing an existing commercial building and replacing it with a new 3,590 square foot restaurant to include a new drive-thru facility as well as landscaping, lighting, parking, drainage facilities, and sidewalk access. The existing stand- alone building is situated near the southern portion of the Palomar Village Shopping center. The building demolition is part of the McDonald's Development Plan and Conditional Use Permit process to construct a new, modernized restaurant consistent with the design and colors of the existing shopping center. The restaurant dining area will open to the public from 5:00 a.m. — 1 a.m, and the drive-thru is proposed to operate 24 hours a day, seven days a week. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Site Plan The Palomar Shopping Center is comprised of thirteen parcels totaling approximately 18 acres located north of Rancho California Road and west of Margarita Road, and includes eighteen buildings located on site. The proposed McDonald's located at the southern portion of the shopping center on a 38,079 square foot (0.87 acre) parcel. The building is oriented along the southernmost portion of the project site, with the drive-thru wrapping around the west, south, and east sides of the building. The required setbacks for lots zoned Community Commercial (CC) are fifteen feet (15') yard area adjacent to an arterial street, zero feet (0') for interior side property lines, and ten feet (10') along the rear property line. The proposed project exceeds all setback requirements. New outdoor seating is proposed at the north side of the building. The primary customer entrance is located along the north side of the building, adjacent to the shopping center parking area. There are seven total vehicular access points to the Palomar Shopping Center, including three along Rancho California Road, and two access points two the proposed restaurant from one of the Palomar Shopping Center's interval drive lanes. Architecture The proposed McDonald's Restaurant will maintain a similar architecture style to the existing Palomar Village Center. The building is a contemporary design, including varied roof lines and 2 decorative modern architectural features promoting a stylistic design image consistent with City development standards. The building's architectural features include aluminum canopies, trellis, roof caps, and wall offsets, creating a decorative and interesting facade. The color elevations proposed consists of snow white, maple pie, ban nut, and natural stone in addition to yellow accents highlighting certain design features. The facade consists primarily of a smooth coated stucco finish and natural stone tile applied to all building elevations including wall offsets. The combination of varying materials, subtle earthen tones and a yellow accent color, as well as integrated architectural features for the design will help to establish an interesting and attractive building that is complementary to the existing shopping center. Landscapinq The site plan was designed to provide a landscape buffer around the site. A total of 9,676 square feet of landscaping will be provided. This accounts for 26.3% of the total property area. Landscape buffer areas will include London Plane and Marina trees. A variety of shrubs will also be provided and will include, among others, Japanese Boxwood, Japanese Privet, Ballerina, Daylily, and Carpet rose. All landscape areas have attractive groundcover and decorative grasses. Access/Circulation The Palomar Shopping Center has a two vehicular driveway access points from Rancho California and a third driveway from Margarita Road continuing to Yukon Road. The proposed restaurant will have two points of access from one of the Palomar Shopping Center's internal drive lanes. The Conditional Use Permit would allow a dual drive-thru lane to the side and rear of McDonald's restaurant, by incorporating two vehicle lanes within a portion of the site before merging into one lane for payment and food pick-up. The purpose of the dual lane configuration is to make the drive-thru facility more time efficient by accepting twice the number of food orders, thereby reducing the amount of time vehicles are queued in the drive-thru lane. The drive-thru lanes will be substantially screened by newly proposed landscaping. The proposed restaurant site is part of the existing Palomar Shopping Center that shares reciprocal parking and access. A parking ratio of 1 space per 75 square feet of building area for the proposed project is required by Section 17.24.040 (Parking Requirements) of the Municipal Code. For this project site, the applicant has provided 48 total parking stalls, including 19 spaces on the McDonald's lot and 29 shared spaces from within the Palomar Shopping Center, thereby satisfying off-street parking requirements. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on March 7, 2013 and mailed to the property owners within a 700 -foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, Class 32 In -Fill Development). The proposed project is the replacement of an existing commercial structure to allow for the construction a new 3,590 square foot restaurant and drive-thru facility within City limits on a 3 parcel totaling 0.87 acres. The project is consistent with the applicable General Plan and zoning designations and policies. The site is primarily developed with service from all required utilities and public services. The proposed project meets the CEQA exemption criteria, therefore no further environmental review is necessary. FINDINGS Development Plans (Section 17.05.010,F) The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements for State law and other Ordinances of the City. The proposed project will allow for a new 3,590 square foot restaurant associated with a drive- thru facility. All uses for the project will remain consistent with those allowed in the City of Temecula Development Code for Community Commercial (CC) zoning districts. Furthermore, the use will be in conformance with City of Temecula General Plan and with all requirements of State law and other Ordinances of the City. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including site design, lot coverage, building height, setbacks, parking, circulation, and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. The project is consistent with all applicable policies, guidelines, and standards intended to ensure that the development will be constructed and function in a manner which protects the public's health, safety, and general welfare. FINDINGS Conditional Use Permit (Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. The use will allow the McDonald's restaurant to construct and operate a drive-thru facility. Per Section 17.08.030 (Use Regulations) of the Municipal Code, Restaurant, drive-in/fast food, requires the approval of a Minor Conditional Use Permit. The applicant is requesting to operate a drive-thru as part of the daily business operation consisting of a drive -up window and menu board. Therefore, the proposed use, as conditioned, will comply with the applicable provisions of the Temecula General Plan, State law, and other Ordinances of the City. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed drive-thru has been deigned to allow for approximately 12 vehicles to be queued within the drive-thru and remain outside of the driveway and drive -aisles. The applicant has worked to minimize the congestion on-site by proving adequate queuing and circulation on-site. As conditioned, the use will be compatible with the nature, condition and development of the adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. 4 The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code, and required by the Planning Commission or City Council, in order to integrate the use with other uses in the neighborhood. The applicant is proposing to operate a drive-thru facility as an ancillary use for a McDonald's restaurant. The subject property is 0.87 acres with proposed building lot coverage of 9.4%. The drive-thru is situated along the west, south, and east sides of the building and provides adequate setbacks and extensive landscaping to screen the drive-thru. The site will remain adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project meets all requirements of the Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be _detrimental to the health, safety and general welfare of the community. That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS Aerial Map Plan Reductions Resolution — Development Plan Exhibit A — Draft Conditions of Approval Resolution — Conditional Use Permit Exhibit A — Draft Conditions of Approval Statement of Operations Notice of Public Hearing AERIAL MAP City of Temecula PA 12-0207 500 Feet Aerial - March 2012 This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County. 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Www C/77' rzsiVEZYIIA 444444/•AW MI 4••••1 • LOW r t_1 YIDOII41Af L A IYt7AUMMT LLC. 7400 RANCHO CALICIAGA WOAD, TIIIMP A CA Alli 101-P1414 ••11L -,c1 SNOW W1•ITL NATURAL .tON( rl_C TEMECULA, CA 'A f JUr.:.t 4 . )A SCAAfl i• Cllilo•" 3 Repan 14V0 C,:•uy Art 1INI 1 nMl 6farh, CA COLOR ELEVATION EXHIBIT A-4.0 RANCHO CALIFORNIA ROAD & MARGARITA ROAD TEMECULA, CA Archll.ctuNPt.nnIng 17G22 Rich Irvn., CA 92614 13IB.831 2133 klpy.c m DRIVE-THRU ELEVATION I' t• '.1.". f°51111.11111iirilit • i!4 REAR ELEVATION TEMECULA, CA ••••=r COLOR ELEVATION EXHIBIT RANCHO CALIFORNIA ROAD & MARGARITA ROAD TEMECULA, CA Archhectuss•PlannIng 17922 FI}Cti infine. CA 92614 W9.651.2133 klgy.con, RANCHO CALIFORNIA ROAD Y ono • alget. w w • r=. RESOLUTION DEVELOPMENT PLAN PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0207, A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF A 3,590 SQUARE FOOT MCDONALD'S RESTAURANT WITHIN AN EXISTING COMMERCIAL CENTER LOCATED AT 30580 RANCHO CALIFORNIA ROAD. (RELATED APPLICATION: PA12-0208 CONDITIONAL USE PERMIT FOR DRIVE-THRU) (APN 921-700-002) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 18, 2012, Daniel Osran filed Planning Application No. PA12- 0207, a Development Plan Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application 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 Application and environmental review on March 20, 2013, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA12-0207 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Development Code Section 17.05.010.F A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed project will allow for a new 3,590 square foot restaurant associated with a drive-thru facility. All uses for the project will remain consistent with those allowed in the City of Temecula Development Code for Community Commercial (CC) zoning districts. Furthermore, the use will be in conformance with City of Temecula General Plan and with all requirements of State law and other Ordinances of the City. B. The overall development of the land is designed for the protection ofthe public's health, safety, and general welfare; The overall design of the project, including site design, lot coverage, building height, setbacks, parking, circulation, and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. The project is consistent with all applicable policies, guidelines, and standards intended to ensure that the development will be constructed and function in a manner which protects the public's health, safety, and general welfare. Section 3. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, Class 32 In -Fill Development Projects); The proposed project is the replacement of an existing commercial structure to allow for the construction a new 3,590 square foot restaurant associated with a drive-thru facility within City limits on a parcel totaling 0.87 acres. The project is consistent with the applicable General Plan and zoning designations and policies. The sit -ells -primarily developed with service from all required utilities and' public services. The proposed project meets the CEQA exemption criteria, therefore no further environmental review is necessary. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA12-0207, a Development Plan to allow for the construction of a 3,590 square foot McDonald's Restaurant within an existing commercial center located at 30580 Rancho California Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of March, 2013. John Telesio, 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. 13- 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 March, 2013, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA12-0207 Project Description: Planning Application No. PA12-0207, a Development Plan to allow for the construction of a 3,590 square foot McDonald's within an existing commercial center located at 30580 Rancho California Road Assessor's Parcel No.: 921-700-002 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Quimby Category: Exempt (non-residential project) Approval Date: March 20, 2013 Expiration Date: March 20, 2015 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements PL -2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two years period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL -6. A separate building permit shall be required for all signage. PL -7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -8. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL -9. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -10. The applicant shall paint a three-foot by three-foot section of the building for Planning Department inspection, prior to commencing painting of the building. PL -11. The applicant shall submit to the Planning Department for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and Elevations shall be readable on the photographic prints. PL -12. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. MATERIAL COLOR Thick Stucco (BR) "Maple Pie" (Frazee Paint) CL 2716A "Bon Nuit" (Frazee Paint) CL 3277N "Snow White" Benjamin Moore 2122-70 Metal Fascia/Metal Panel (MF) Paint to match color of surrounding material Aluminum Canopy System (01) Gold Aluminum Canopy TIE (C2) Black Corrugated Metal Panel (CM) "Cityscape By Metal Era" Hollow Metal Door (D) Paint to match color of surrounding material Pipe Bollard (PB) Yellow Roof Cap (RE) Gold Natural Stone Tile (TL) To match the existing Palomar Village Shopping Center Aluminum Trellis (T1) Uncoated aluminum Aluminum Trellis (T3) Gold Exterior Windows (W1) (W2) Clear glass Standing Seam Trash Enclosure Paint to match color of surrounding Metal Roof (RS) material PL -13. Solid covered trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL -14. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Planning Director. PL -15. The applicant shall comply with their Statement of Operations dated October 18, 2012, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -16. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. PL -17. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, and on-site lighting shall be maintained by the property owner or maintenance association. PL -18. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. Prior to Issuance of Grading Permit(s) PL -19. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Planning Director at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." PL -20. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. PL -21. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. PL -22. A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. PL -23. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer. PL -24. The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition. PL -25. All sacred sites are to be avoided and preserved. Prior to Issuance of Building Permit(s) PL -26. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. PL -27. All downspouts shall be internalized. PL -28. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, and hardscape) to match the style of the building subject to the approval of the Planning Director. PL -29. The developer shall provide the Planning Department verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -30. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of- ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Planning Director. PL -31. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Planning Director. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL -32. Performance securities, in amounts to be determined by the Planning Director, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Planning Director, the bond shall be released upon request by the applicant. PL -33. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." PL -34. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. PL -35. All site improvements including but not limited to parking areas and striping shall be installed. PL -36. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. Final Building and Safety conditions will be addressed when building plans are reviewed and submitted to Building and Safety. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are in force at the time of building plan submittal. B-2. All design components shall comply with applicable provisions of the 2010 edition of the California Building, Plumbing and Mechanical Codes; 2010 California Electrical Code; California Administrative Code,2010 California Energy Codes, 2010 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. B-3. 2010 California Green Building Standards Provide 10% Voluntary Measures on project. B-4. Accessible path of travel required to trash enclosure. Trash enclosure requires a solid cover. B-5. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way.. B-6. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-7. Provide a house electrical meter for the operation of exterior lighting, irrigation pedestals, and fire alarm systems. FIRE PREVENTION General Requirements F-1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. F-2. As required by the California Fire Code, when any portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official (CFC Chapter 5). Prior to Issuance of Grading Permit(s) F-3. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and Temecula City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) F-4. The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 14 and Chapter 5). F-5. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. F-6. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. F-7. Fire alarm control panel shall be located in the Fire Riser Room. Temecula Municipal Code 907.1.6. Prior to Issuance of Certificate of Occupancy F-8. Hydrant locations shall be identified by the installation of reflective markers (blue dots per Temecula City Ordinance 15.16.020). F-9. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi -family residential and industrial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of six-inch high letters and/or numbers on both the front and rear doors. Single-family residences and multi -family residential units shall have four -inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5 and Temecula City Ordinance 15.16.020). F-10. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). POLICE DEPARTMENT General Requirements PD -1. Applicant shall ensure any landscaping surrounding buildings is kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to prevent would-be intruders from breaking into the buildings utilizing lower level windows. PD -2. Applicant shall ensure any trees surrounding building rooftops be kept at a distance to prevent roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. PD -3. Any berms shall not exceed three feet in height. PD -4. Applicant must comply with the standards of title 24 part 6 of the California code of regulations, for residential standards, refer to publication CEC-400-2008-016-CMF- REV-I. PD -5. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. PD -6. All exterior lighting shall be in compliance with Riverside County Mount Palomar Lighting Ordinance 655, low pressure sodium lighting preferred. PD -7. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. PD -8. All lighting affixed to the exterior of buildings shall be vandal resistant, wall mounted light fixtures. PD -9. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD -10. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. PD -11. Upon completion of construction, each building or business shall have an alarm system that is monitored by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specific building shall each have their own alarm system. This condition is not applicable if the business is opened 24/7. PD -12. Any roof hatches shall be painted "International Orange." PD -13. Any public telephones located on the exterior of the buildings shall be placed in a well -lit, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. PD -14. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. PD -15. Employee training regarding credit cards, theft, citizens' arrest procedures, personal safety, business security or any other related crime prevention subject is available free of charge through the Crime Prevention Unit. To schedule an appointment call (951) 506-5131. PD -16. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD -17. The Temecula Police Department affords all retailers the opportunity to participate in the "Inkless Ink Program." At a minimal cost for inkless inkpads, retailers can take a thumbprint of every customer using a personal check to pay for services. A decal is also posted on the front entry of the business advising customers of the "Inkless Ink Program" in use. If the business becomes a victim of check fraud, the Police Department will be able to track the suspect with the thumbprint. PD -18. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. PD -19. The Crime Prevention and Plans Unit of the Temecula Police Department offers free business security surveys, to schedule an appointment contact the unit at (951) 506- 5131. PD -20. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5131. PUBLIC WORKS DEPARTMENT General Requirements PW -1. Unless otherwise noted, all conditions shall be completed by the developer at no cost to any Government Agency. It is understood that the developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW -2. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City -maintained street right-of- way. PW -3. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right- of-way. PW -4. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. PW -5. The project shall include construction -phase pollution prevention controls into the design of the project to prevent non -permitted runoff from discharging off site or entering any storm water conveyance system or receiving water during all field activities. PW -6. A conceptually -accepted Water Quality Management Plan (WQMP) must be submitted to the Department of Public Works as part of the initial grading plan submittal package. PW -7. Permanent landscape and irrigation plans shall be consistent with the accepted WQMP. PW -8. All onsite drainage and water quality facilities shall be privately maintained. Prior to Issuance of Grading Permit(s) PW -9. The WQMP must receive final acceptance by the Department of Public Works. PW -10. The project shall submit a completed WQMP Operation and Maintenance (O&M) Agreement that must include the owner's notarized signature, proof of recordation with the County Recorder's Office, and all maintenance procedures for each of the structural treatment control Best Management Practices (BMPs) outlined in the WQMP. PW -11. A grading plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards, and shall be reviewed and approved by the Department of Public Works prior to the commencement of grading. The grading plan shall include all necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. PW -12. The developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works in accordance with the Construction, Grading and Encroachment Ordinance Section 18.24.140. PW -13. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soil conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. PW -14. The developer shall have a Drainage Study prepared by a registered civil engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the developer. PW -15. Construction -phase pollution prevention shall be consistent with the Temecula Municipal Code Chapter 18.15 and associated technical manual and the City's standard notes for Erosion and Sediment Control. PW -16. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from Riverside County Flood Control and Water Conservation District, Planning Department, or other affected agencies. PW -17. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. PW -18. The developer shall obtain letters of approval for any off site work performed on adjoining properties. The letters shall be in format as directed by the Department of Public Works. Prior to Issuance of Building Permit(s) PW -19. A construction area Traffic Control Plan shall be designed by a registered civil or traffic engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PW -20. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered civil engineer, and the soil engineer shall issue a Final Soil Report addressing compaction and site conditions. PW -21. The developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. PW -22. The developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of Certificate of Occupancy PW -23. The project shall demonstrate that all of the structural water quality facilities outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. PW -24. As deemed necessary by the Department of Public Works the developer shall receive written clearance from Rancho California Water District, Eastern Municipal Water District, or other affected agencies. PW -25. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. PW -26. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. RESOLUTION CONDITIONAL USE PERMIT PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0208, A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRU FACILITY FOR THE PROPOSED MCDONALD'S RESTAURANT WITHIN AN EXISTING COMMERCIAL CENTER LOCATED AT 30580 RANCHO CALIFORNIA ROAD. (RELATED APPLICATION PA12-0207 DEVELOPMENT PLAN FOR MCDONALD'S RESTAURANT) (APN 921-700-002) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 18, 2012, Daniel Osran filed Planning Application No. PA12- 0208, a Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application 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 Application and environmental review on March 20, 2013, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA12-0208 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Development Code Section 17.04.010.E A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The use will allow the McDonalds restaurant to construct and operate a drive- through facility. Per Section 17.08.030 (Use Regulations) of the Municipal Code, Restaurant, drive-in/fast food, requires the approval of a Minor Conditional Use Permit. The applicant is requesting to operate a drive-thru as part of the daily business operation consisting of a drive -up window and menu board. Therefore, the proposed use, as conditioned, will comply with the applicable provisions of the Temecula General Plan, State law, and other Ordinances of the City. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed drive-thru has been deigned to allow for approximately 12 -vehicles to be queued with the drive-thru and remain outside of the driveway and drive - aisles. The applicant has worked to minimize the congestion on-site by proving adequate queuing and circulation on-site. As conditioned, the use will be compatible with the nature, condition and development of the adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The applicant is proposing to operate a drive-thru facility as an ancillary use for a McDonald's restaurant. The subject property is 0.87 acres with proposed building lot coverage of 9.4%. The drive-thru is situated along the west, south, and east sides of the building and provides adequate setbacks and extensive landscaping to screen the drive-thru. The site will remain adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. D. Conditions. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project meets all requirements of the Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. E. That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. That the decision to conditionally approve the application for a Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Director hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: The proposed project is the replacement of an existing commercial structure to allow for the construction a new 3,590 square foot restaurant associated with a drive-thru facility within City limits on a parcel totaling 0.87 acres. The project is consistent with the applicable General Plan and zoning designations and policies. The site is primarily developed with service from all required utilities and public services. The proposed project meets the CEQA exemption criteria, therefore no further environmental review is necessary. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA12-0208, a Conditional Use Permit to allow a drive-thru facility for the proposed McDonald's restaurant within an existing commercial center located at 30580 Rancho California Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of March, 2013. John Telesio, 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. 13- 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 March, 2013, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA12-0208 Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements PL -1. Planning Application No. PA12-0208, a Conditional Use Permit to allow a drive-thru facility for the proposed McDonald's restaurant within an existing commercial center located at 30580 Rancho California Road. (Related Application: PA12-0207 Development Plan for McDonald's restaurant). 921-700-002 Commercial Retail Commercial Retail Commercial Exempt (non-residential project) March 20, 2013 March 20, 2015 The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -2. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -3. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two years period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -4. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL -5. A separate building permit shall be required for all signage. PL -6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -7. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL -8. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -9. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. PL -10. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL -11. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Planning Director. PL -12. The applicant shall comply with their Statement of Operations dated October 18, 2012, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -13. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. PL -14. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, and on-site lighting shall be maintained by the property owner or maintenance association. PL -15. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. Prior to Issuance of Grading Permit(s) PL -16. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Planning Director at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." PL -17. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. PL -18. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. PL -19. A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. PL -20. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer. PL -21. The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition. PL -22. All sacred sites are to be avoided and preserved. Prior to Issuance of Building Permit(s) PL -23. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. PL -24. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, and hardscape) to match the style of the building subject to the approval of the Planning Director. PL -25. The developer shall provide the Planning Department verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -26. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Planning Director. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL -27. Performance securities, in amounts to be determined by the Planning Director, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Planning Director, the bond shall be released upon request by the applicant. PL -28. All site improvements including but not limited to parking areas and striping shall be installed. PL -29. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. STATEMENT OF OPERATIONS KTGY Group, Inc. Arch lto ct u ro+Pla n n i ng 17922 Fitch Irvine, CA 92614 949.85k 2133 949 851.51S6 fax ktgv.com 09/25/2012 To: City of Temecula Community Development Department 43200 Business Park Drive PO Box 9033 Temecula, CA 92589-9033 (951) 694-6400 Re: Development Pian Application Proposed 24 Hour Restaurant with Drive-Thru 30580 Rancho California Rd. Temecula, CA 1 Ozi" Section 1; Statement of Operations • Hours and days of the operation o 24 Hour operation, 7 days a week. • Number of employees o 12 Employees per shift • Number of required parking: o The required number of parking spaces is 48. There are 29 shared parking spaces, shared with the shopping center, and 19 proposed parking spaces on site. • Average daily peak trips generated o According to the On -Site Traffic/Parking Study completed in December 2011 the peak hours occurred in the moming and evening with total trips generated as 133 and 91, respectively. The trip generated total also includes a 25% reduction due to pass -by trips. • Type of equipment or processes used o Commercial kitchen equipment • Description of hazardous materials (existing and new) o Hazardous materials include only general commercial cleaning products in the amount used for the restaurant. There is no storage of additional cleaning products on site. • Other descriptions that effectively describe the proposed use o 24 Hour restaurant with drive-thru NOTICE OF PUBLIC HEARING Case Nos: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below. Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: PA12-0207 and PA12-0208 Dan F. Osran A Development Plan to allow for the construction of a 3,590 square foot McDonalds including a Conditional Use Permit to allow for a drive-thru within an existing commercial center located at 30580 Rancho California Road. 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 adopted in compliance with CEQA (Section 15332, Class 32 In -Fill Development) Kenny Taylor, (951) 240-4203 City of Temecula, Council Chambers March 20, 2013 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 shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the Califomia Code of Civil Procedure. 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 or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the City of Temecula Planning Department, 41000 Main Street, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner. REQUESTS TO SPEAK City Council Meeting 05/14/13 REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. 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